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Legal aid fee regime endangers victims of domestic abuse, experts warn

Improving Access to Legal Aid for Domestic Abuse Victims: A Call for Change

Victim of Domestic Abuse Shares Heartbreaking Story at Access to Justice Meeting

A brave victim of domestic abuse shared her harrowing ordeal at a meeting of the all-party parliamentary group on access to justice this week. The victim, who remains anonymous for her safety, detailed the escalating abuse she suffered at the hands of her husband, from being punched in the face to being strangled and kicked in front of their children.

The victim described how her marriage started off normally, but quickly turned into a nightmare as her husband’s abuse became more frequent and violent. Each time he lashed out, he would apologize and promise never to do it again, only to repeat the cycle of abuse. The victim’s injuries were documented by her GP throughout the ordeal, providing crucial evidence of the abuse she endured.

Domestic abuse commissioner Nicole Jacobs emphasized the need for more specialized support for domestic abuse victims, highlighting the importance of understanding the context of domestic abuse. Family courts in Dorset and North Wales have been implementing a ‘problem-solving’ approach to better respond to those affected by domestic abuse, providing victims with the support they need to speak out.

However, the struggle to access legal aid has been a significant barrier for many victims of domestic abuse. Human rights lawyer Baroness Kennedy of the Shaws pointed out that the number of family lawyers willing to take on legal aid cases has dwindled in recent years due to financial constraints. The current legal aid system’s narrow scope and stringent means test have made it difficult for victims to access the legal support they desperately need.

Solicitor Jenny Beck highlighted three critical areas where change is needed to improve access to legal aid for domestic abuse victims. These include early legal advice, removing legal aid for alleged perpetrators, and restructuring the fee system to better reflect the costs of working with traumatized women. Beck emphasized the importance of addressing coercive control in domestic abuse cases, which often goes unnoticed due to the current fee structure’s limitations.

In response to these challenges, a pilot program is set to launch soon, aiming to streamline the process for obtaining protection orders for domestic abuse victims. Justice minister Laura Farris expressed hope that this pilot will provide victims with the support they need in a more efficient and compassionate manner.

As the government’s civil legal aid review continues, there is an opportunity to address the shortcomings in the current fee structure and ensure that victims of domestic abuse never have to navigate the legal system alone. By prioritizing the needs of these vulnerable individuals, we can work towards a more just and supportive system for all.

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