In 2012 the UK Government introduced changes under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which removed legal aid for most cases in the family courts, except for domestic violence. However, victims of domestic violence still need to provide evidence of the abuse to qualify, in addition to a means test on income and assets, and these requirements are actually stopping victims from receiving the services they need.

The National Centre for Domestic Violence spoke to BBC Radio 5 earlier this month and revealed that around 6,000 victims were denied free legal representation in 2017 due to the costs involved. Legal aid applicants for non-molestation cases are currently means tested and as a result, many victims are told to pay towards the legal costs.

Money and assets cause problems for victims

In their interview with BBC Radio 5, the National Centre for Domestic Violence said that the main funding issues arise when the victim appears to have money of significant assets of their own. The organisation added that many victims, mostly women, were refused free legal representation because they appeared to own assets or have savings which were actually under the control of their abusers.

The chief executive of the National Centre for Domestic Violence, Mark Groves, said that many people believe that legal aid is free, when in fact, victims have to pay a means-tested contribution. He continued to say that many victims who don’t control their own money may not be able to pay this, while victims who have fled their homes may not have the sufficient documentation required. In addition, victims who own homes may need to put down a deposit that is equal to the level of equity in the property, which could equal hundreds of thousands of pounds.

Government wants to help victims of domestic violence

A Ministry of Justice spokesman said that the government’s aim with the changes to the Legal Aid Sentencing and Punishment of Offenders Act 2012 was to make it easier for victims of domestic violence to obtain legal aid in such cases.

According to the Ministry of Justice, this was expected to be achieved through widening the evidence that can be submitted, meaning that victims only need to provide evidence once during their case. The changes also scrapped the overall time limit for submitting evidence.

The National Centre for Domestic Violence has revealed that in 2017, 78,356 referrals from the police and domestic violence groups were made to them, with 6,295 of these not proceeding because victims were asked to contribute to legal costs.

Have you been the victim on domestic violence, if so, our specially-trained team of solicitors is here to help. Get in touch today on 01495 303124, email: enquiries@fonsecalaw.co.uk, or pop into our offices based in Ebbw Vale, South Wales.