Legal aid cuts exposing domestic abuse victims to court ordeal, says report

http://www.theguardian.com/law/2015/feb/19/legal-aid-cuts-domestic-abuse-victims

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Victims of domestic abuse increasingly face being cross-examined by their attackers because legal aid cuts make it difficult to qualify for courtroom representation, according to research by Citizens Advice.

The warning also features in a report by a parliamentary select committee that says women who have endured violence in the home may have problems providing the evidence required to obtain a lawyer.

The justice system’s treatment of victims of domestic violence has become a politically charged issue. The Ministry of Justice says all victims are entitled to legal aid to help them “break free from abusive relationships”.

But a Citizens Advice report, Victims of Abuse: Struggling for Support, says the regulations, “both in terms of evidence requirements and income or asset thresholds requiring financial contribution, leave large numbers of victims giving up on their rights to justice”.

It adds: “In some cases these restrictions expose victims to risk, leaving no alternative but to represent themselves in court facing their perpetrator.”

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 set out regulations about how victims can provide evidence of abuse having occurred in the previous two years.

Last month, following a judicial review challenge by the campaign group Rights for Women, the high court ruled that the regulations were lawful. The group is appealing against the decision.

The evidence can include previous involvement with social services, medical records, restraining orders or other official acknowledgements that victims are at risk.

According to the research, more than 60% of Citizens Advice workers found changes to legal aid affected the help they have been able to give domestic abuse clients.

A fifth of advisers reported that they could no longer help as many domestic abuse clients as before. A similar proportion found that most domestic abuse clients were unable to afford the required contributions when offered legal aid.

“This is resulting in an unacceptable situation where a victim of domestic abuse may face being cross-examined by their perpetrator,” the report says. “In many cases, the victim is trapped in a catch-22 situation, unable to access their assets because of domestic abuse, but unable to resolve the situation with their abuser without expensive legal consultation and representation.”

It quotes one victim as saying: “I’ve had to face my violent ex-partner in court twice now, and will have to continue to do so as I simply cannot afford costs.”

In another case, a victim had to represent herself because there was no police record of an alleged incident.

Gillian Guy, the chief executive of Citizens Advice, said: “Domestic abuse victims must not be a test case for downsizing justice. When victims seek our help, more advisers than not report legal aid restrictions endangering the outcome of the victim’s case. The government’s assurance that it will protect access to legal aid for domestic abuse victims is not standing up.

“Legal aid restrictions are forcing victims of abuse to shoulder intolerable extra burdens at their most vulnerable moments. To require someone who has fled an abusive home to make a financial contribution because of assets they share with their abuser is clearly senseless. The evidence victims of abuse now need in order to protect their children or separate from their abuser is also often completely impractical, and threatens to keep victims in harm’s way.”

A separate report by MPs and peers on the joint committee on human rights calls on the government to sign up to a Council of Europe measure known as the Istanbul convention, on preventing and combating violence against women and domestic violence.

It says: “We welcome the provision that those who can provide evidence of domestic violence continue to have access to legal aid for civil cases because this enables access to the family and other civil courts. We have concerns, however, about the problems some women face in providing such evidence, and the feasibility of victims of coercive control or women who may find it difficult to get out of the immediate community being able to provide such evidence.

“We recommend that before the proposed new offence of coercive control comes into force the MoJ review the requirements for evidence of domestic violence for access to legal aid.”

An MoJ spokesperson said: “This government is exceptionally clear that victims of domestic violence should get legal aid wherever they need it to help break free from the abusive relationship. That is why we listened carefully to concerns and made changes to expand the types of evidence that could be used to access legal aid.

“Since the reforms were introduced thousands of people have successfully applied for legal aid where domestic violence is involved. However, we have always said we will keep the new system under review, and our door is always open to those with evidence about concerns. Citizens Advice have not contacted the department about this report, but if they submit it to us we will consider it very carefully.”