- Changes to law could leave children at risk of exposure to domestic abuse
- Fears that victims will ‘suffer in silence’
- Concern that parents will lose contact with their children
New changes to legal aid put victims in abusive relationships and their children at risk, family law firm Stephensons has warned.
The changes, which came into effect on April 1, mean that victims of domestic abuse who need legal help with aspects of their relationship breakdowns – including arrangements for their children – must provide ‘documentary evidence’ of abuse before they can apply for legal aid.
The consequences of the new changes are likely to be severe and far-reaching. For example, in some cases, lack of legal aid and representation at court may result in parents losing contact with their children altogether or not being able to secure their return after contact.
Experts at Stephensons, the largest family law firm in the North West, fear that the new changes are preventing some victims of domestic abuse who do not meet these strict requirements from starting necessary court proceedings to sort out arrangements for their children.
Instead, some are being forced to ‘suffer in silence’ – consequently putting themselves and potentially their children at risk of further abuse.
The alternative to legal aid and having a solicitor is for victims of domestic abuse to represent themselves in court. Although courts will deal with people who do not have representation, for many people this is a daunting prospect, particularly for those who may already be suffering from the emotional and psychological effects of abuse.
Victoria Gethin, partner in Stephensons’ family law team, said: “There is no doubt that the changes to legal aid are bad news for victims of domestic abuse and children who all too often can get caught up in these terrible situations. The new requirement to provide ‘documentary evidence’ of abuse is having a huge impact on the support and expertise that can be offered by solicitors.
“The most vulnerable people, who need legal advice, often simply do not have the necessary evidence to prove domestic abuse. The danger – and it is very real – is that those who desperately need legal advice are not able to get it. Those who are victims of domestic abuse may be left feeling they have no choice but to stay in an abusive relationship with their children, or to allow contact between the child and abuser to continue to take place.”
Although legal aid remains available for family injunctions, evidence needed to apply for legal aid for cases involving divorce, children and finances includes:
- A criminal conviction for domestic abuse;
- An injunction against the victim’s ex-partner in the past two years;
- A letter from the victim’s GP or health professional; or
- A letter from a refuge.
However, these are not always available or easy to obtain.
In addition to the restrictions on the availability of legal aid, there have also been reductions in funding for the provision of domestic abuse support services. This is likely to lead to the closure of some services across the country, a further blow to domestic abuse victims.
Following the legal aid cuts, Stephensons has taken steps to ensure that legal services remains available to as many people as possible including:
- Fixed-fee services, so people know how much specialist legal advice will cost up front; and
- A flexible ‘pay as you go’ service, allowing families to pay only for the advice and representation they need, and nothing extra.
Stephensons has offices in Manchester, Altrincham, Leigh, Wigan, St Helens and Bolton.