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You can find the current article at its original source at http://www.theguardian.com/law/2016/jan/28/domestic-violence-victims-forced-to-face-abusers-in-court-due-to-legal-aid-cuts
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| Domestic violence victims forced to face abusers in court due to legal aid cuts | Domestic violence victims forced to face abusers in court due to legal aid cuts |
| (7 months later) | |
| Victims of domestic violence are being forced to confront their abusers in court due to cuts in legal aid, the court of appeal has been told. | Victims of domestic violence are being forced to confront their abusers in court due to cuts in legal aid, the court of appeal has been told. |
| Ministry of Justice restrictions on funding courtroom support are leading to vulnerable women having to appear in the family courts without being legally represented, the court has heard. | Ministry of Justice restrictions on funding courtroom support are leading to vulnerable women having to appear in the family courts without being legally represented, the court has heard. |
| One woman, who had been raped and beaten by her former husband, was refused legal aid for a hearing where he was applying for contact with their children, it was alleged. | One woman, who had been raped and beaten by her former husband, was refused legal aid for a hearing where he was applying for contact with their children, it was alleged. |
| The woman, referred to as M, suffered a psychological relapse after she attended the court unrepresented. Only then, after obtaining a GP’s report, was she granted legal assistance, three appeal court judges were told. | The woman, referred to as M, suffered a psychological relapse after she attended the court unrepresented. Only then, after obtaining a GP’s report, was she granted legal assistance, three appeal court judges were told. |
| The case of M was one of several the campaign group Rights of Women (ROW) highlighted to support its claim that legal aid restrictions affecting family law cases are unlawful. | The case of M was one of several the campaign group Rights of Women (ROW) highlighted to support its claim that legal aid restrictions affecting family law cases are unlawful. |
| Other cases cited included an abused wife denied legal aid when she took action to prevent her husband approaching her children’s schools, and a woman denied assistance when she applied to have an abusive forced marriage declared a nullity. | Other cases cited included an abused wife denied legal aid when she took action to prevent her husband approaching her children’s schools, and a woman denied assistance when she applied to have an abusive forced marriage declared a nullity. |
| Nathalie Lieven QC, representing ROW, said many women who had suffered extreme violence are now expected “to face their abuser in court”. | Nathalie Lieven QC, representing ROW, said many women who had suffered extreme violence are now expected “to face their abuser in court”. |
| The MoJ insists that domestic violence victims “who genuinely require assistance in court proceedings” are able to obtain legal aid. But, Lieven said, “our evidence shows beyond any possible doubt that that intention is not being met.” | The MoJ insists that domestic violence victims “who genuinely require assistance in court proceedings” are able to obtain legal aid. But, Lieven said, “our evidence shows beyond any possible doubt that that intention is not being met.” |
| ROW is asking the appeal court to declare that regulations introduced by the former justice secretary, Chris Grayling, as part of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) in fact “frustrate the purpose” of the legislation. | ROW is asking the appeal court to declare that regulations introduced by the former justice secretary, Chris Grayling, as part of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) in fact “frustrate the purpose” of the legislation. |
| They are seeking a ruling that the regulations rely on flawed criteria which narrow the definition of domestic violence too far and wrongly impose a strict 24-month time limit on the evidence a person can use to show they were victims entitled to aid. | They are seeking a ruling that the regulations rely on flawed criteria which narrow the definition of domestic violence too far and wrongly impose a strict 24-month time limit on the evidence a person can use to show they were victims entitled to aid. |
| Lieven said that in M’s case her husband had sought contact with the children more than two years after the couple had separated. By then a caution he received for a domestic violence offence, dating from 2006, was more than 24 months old and could not be relied on. | Lieven said that in M’s case her husband had sought contact with the children more than two years after the couple had separated. By then a caution he received for a domestic violence offence, dating from 2006, was more than 24 months old and could not be relied on. |
| Police reports and callouts did not constitute sufficient proof of entitlement to legal aid under the regulations. The latest social services report relating to the separated couple’s children was 25 months old; findings of fact made in the divorce proceedings were beyond the 24-month deadline. No other potential evidence was in date, Lieven added. | Police reports and callouts did not constitute sufficient proof of entitlement to legal aid under the regulations. The latest social services report relating to the separated couple’s children was 25 months old; findings of fact made in the divorce proceedings were beyond the 24-month deadline. No other potential evidence was in date, Lieven added. |
| Evidence from ROW maintained that 40% of domestic violence victims still do not have the required forms of evidence to access legal aid. | Evidence from ROW maintained that 40% of domestic violence victims still do not have the required forms of evidence to access legal aid. |
| The most common form of evidence available, introduced in April 2014, is a referral by a health professional to a victim support organisation. Other forms include evidence from a medical professional or social services and evidence of a protective injunction. | The most common form of evidence available, introduced in April 2014, is a referral by a health professional to a victim support organisation. Other forms include evidence from a medical professional or social services and evidence of a protective injunction. |
| A Ministry of Justice spokeswoman said: “We are determined to ensure victims of domestic violence can get legal aid whenever they need it. We have made it easier for victims of domestic violence to obtain legal aid, by ensuring a broader range of evidence qualifies. This has contributed to a 19% rise in the number of grants awarded.” | A Ministry of Justice spokeswoman said: “We are determined to ensure victims of domestic violence can get legal aid whenever they need it. We have made it easier for victims of domestic violence to obtain legal aid, by ensuring a broader range of evidence qualifies. This has contributed to a 19% rise in the number of grants awarded.” |
| Rights of Women lost an earlier challenge in the High Court in its attempt to make it easier for victims of domestic violence to obtain legal aid. | Rights of Women lost an earlier challenge in the High Court in its attempt to make it easier for victims of domestic violence to obtain legal aid. |