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Women’s charities welcome new evidence criteria for access to legal aid for women survivors of domestic violence

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Women’s charities welcome new regulations from the Ministry of Justice which will come into force on Tuesday 22 April, and aim to widen the evidence criteria for women survivors of domestic violence to access to family law legal aid.

New evidence that can be used to access legal aid for women affected by violence includes evidence of police bail for a domestic violence offence, a Domestic Violence Protection Order, evidence of referral to domestic violence support services from a health professional and evidence of not being able to access refuge accommodation.

Women’s Aid, Rights of Women and Welsh Women’s Aid warmly welcome the widening of the evidence criteria for legal aid as it will enable more women survivors of domestic violence to access the legal aid that they are entitled to.

The charities have previously raised concerns that the difficulties in accessing Legal Aid will keep women in abusive relationships because they are unable to afford a divorce, feel unable to represent themselves in court, or worry they may lose their children. Some of the women who responded to a survey [1] reported losing children or facing significant debt because they could not access legal aid. Many solicitors firms are withdrawing their provision of family law legal aid due to the changes, meaning many women also face great difficulty in finding a solicitor in their area.

The impact of not being able to access legal aid can be devastating for women.

“Being in such an awful situation and trying to cope with abuse and caring for my children is really hard, having this additional obstacle in my way just acted as another barrier to getting some support which in turn has made it easier for my husband to continue to be abusive for longer. I understand the need for budget cuts and control over public spending but please don't make already very difficult situations even harder for victims” (survivor of domestic violence).

Further research from Rights of Women published today with Women’s Aid and Welsh Women’s Aid shows that currently nearly 50 per cent of women survivors are not able to access legal aid because they don’t have the evidence needed.

Polly Neate, CEO of Women’s’ Aid comments:

“We are pleased to see the Ministry of Justice take positive action on the evidence criteria for women survivors of domestic violence ability to access to legal aid, as this is something that we have been asking for since the reforms came into force last year.

“However, we believe there are still further reforms that need to be made – including accepting evidence from any domestic violence support service. We know that the regulations are being kept under review and will continue working with the Ministry of Justice to make sure they ensure all women survivors of domestic violence are able to access legal aid if they need this.”

Emma Scott, Director of Rights of Women, comments:

“We very much welcome the Ministry of Justice’s commitment to an ongoing review of the domestic violence gateways for legal aid and their recognition that these needed to be broadened but we know from our research and the women who contact us daily that even as amended the evidence criteria still does not reflect the realities of the lives of women affected by violence and the routes they take to safety.

Our research has also highlighted the importance of those who act as gatekeepers to the legal aid scheme and their understanding of the evidence criteria. We therefore call on the Ministry of Justice to ensure that appropriate training and guidance is given to solicitors, health professionals and other statutory services to ensure that women affected by violence are appropriately assessed for eligibility and supported to obtain the necessary evidence.”

Paula Hardy, CEO of Welsh Women’s Aid comments:

“Legal Aid can be a lifeline for women when their home and financial security has been turned upside down by domestic abuse – so we welcome the UK Government’s widening on the evidence they will accept for women fleeing domestic abuse so that those who need it most are not barred from access to justice.”

“This isn’t the end of the journey however, as we will continue to monitor the effect of legal aid changes on women escaping domestic abuse to ensure that their safety and wellbeing in these often volatile situations is kept paramount.”

[1 Evidencing domestic violence: a barrier to family law legal aid (Rights of Women, October 2013)

Ends

Notes to editors

  1. About Women’s Aid
    Women's Aid is the national domestic violence charity that co-ordinates and supports an England-wide network of over 350 local services working to end domestic violence against women and children. Keeping the voices of survivors at the heart of its work, Women's Aid campaigns for better legal protection and services, providing a strategic "expert view" to government on laws, policy and practice affecting abused women and children. In partnership with its national network, Women's Aid runs public awareness and education campaigns, bringing together national and local action, and developing new training and resources.   Women's Aid provides a package of vital 24 hour lifeline services through its publications (available in 11 languages including English), websites (    www.womensaid.org.uk and www.thehideout.org.uk), and running the Freephone 24 Hour National Domestic Violence Helpline in partnership with Refuge. Women's Aid is a registered charity no 1054154.
  1. 0808 2000 247: Freephone 24 Hour National Domestic Violence Helpline (run in partnership between Women’s Aid and Refuge).
  1. The Women’s Aid Website can be found at: www.womensaid.org.uk. This is a comprehensive website about domestic violence and its impact on women and children. The website has help sections for women experiencing domestic violence, as well as policy briefings and research findings. Women’s Aid also runs a website for children and young people experiencing domestic violence www.thehideout.org.uk
  1. About Welsh Women’s Aid

Welsh Women’s Aid (WWA) was founded in 1978 to campaign and lobby for improvements in public policy and legislation in relation to women and children experiencing violence against women and domestic abuse in Wales. WWA is the national umbrella organisation representing local Women's Aid Groups situated throughout Wales, who provide direct services to women and children who have experienced or are experiencing domestic abuse. We provide a range of resources and specialist training services to professionals, businesses and individuals and engage directly with the Welsh Government and other decision makers to work towards improvements in public policy.

  1. All Wales Domestic Abuse and Sexual Violence Helpline – a free 24 hour, bilingual, gender neutral and confidential helpline providing support and information run by Welsh Women’s Aid on behalf of the Welsh Government – 0808 80 10 800.
  1. The Welsh Women’s Aid website contains comprehensive information, events, and help relating to domestic abuse and violence against women in Wales: http://www.welshwomensaid.org.uk
  1. About Rights of Women

Rights of Women is a registered charity that provides free legal advice to women and engages on a policy level concerning access to justice and violence against women issues. We provide training on legal issues to statutory and third sector professionals, write legal publications designed to assist individual women, and those supporting them, through the law and provide three legal advice lines offering legal advice to women on immigration and asylum issues, sexual violence and criminal law, and family law (including domestic violence, divorce, contact disputes). Our advice lines are staffed by qualified practising women solicitors and barristers. More information about our work can be found at www.rightsofwomen.org.uk

Franki Hackett

Media Officer

Women’s Aid

Direct Line: 0207 566 2511
Out of Hours: 07807218687

About Women’s Aid
1. Women's Aid is the national domestic violence charity that co-ordinates and supports an England-wide network of over 300 local services working to end domestic violence against women and children. Keeping the voices of survivors at the heart of its work, Women's Aid campaigns for better legal protection and services, providing a strategic "expert view" to government on laws, policy and practice affecting abused women and children. In partnership with its national network, Women's Aid runs public awareness and education campaigns, bringing together national and local action, and developing new training and resources.   Women's Aid provides a package of vital 24 hour lifeline services through its publications (available in 11 languages including English), websites (www.womensaid.org.uk and www.thehideout.org.uk), and running the Freephone 24 Hour National Domestic Violence Helpline in partnership with Refuge.  Women's Aid is a registered charity no 1054154.

2. 0808 2000 247: Freephone 24 Hour National Domestic Violence Helpline (run in partnership between Women’s Aid and Refuge).

3. The Women’s Aid Website can be found at: www.womensaid.org.uk. This is a comprehensive website about domestic violence and its impact on women and children.  The website has help sections for women experiencing domestic violence, as well as policy briefings and research findings. Women’s Aid also runs a website for children and young people experiencing domestic violence www.thehideout.org.uk