The number of domestic abuse victims able to access free legal
advice is set to increase after the government relented on
excessively strict evidence rules introduced in 2013.
The hurdles – including arbitrary time limits imposed on evidence
of domestic abuse - were introduced by the government as part of
the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(LASPO).
The restrictions resulted in nearly half of all victims being
unable to access the vital legal help they need.
Law Society of England and Wales vice president Christina
Blacklaws said: “We welcome this reform, which will make it
easier for victims to qualify for legal aid and access essential
help and support.”
“The impact of domestic abuse is often lifelong. Any time limit
imposed on victims of abuse is inappropriate.”
The types of evidence that can be accepted for victims to access
legal aid have now been broadened to include statements from
domestic violence support organisations and housing support
officers.
The changes come into effect today.
Ends
Notes to Editors:
The domestic violence gateway was introduced as part of LASPO and
effectively removed legal aid for private family law matters save
where individuals could prove they were victims of domestic
abuse.
Following a successful judicial review, the Ministry of Justice
agreed to a review and has worked closely with the Law Society,
LAPG, Resolution and Rights of Women to ensure that the evidence
required was more appropriate.
The Law Society will shortly be publishing a practice note for
practitioners to help them navigate the new rules.
Link to the new regulations: http://www.legislation.gov.uk/uksi/2017/1237/contents/made: