Domestic violence victims 'forced to face abusers without representation'
Women who have suffered domestic violence are unfairly being forced to "face their abuser in court" without legal representation following changes to the legal aid rules, the Court of Appeal has been told.
One ex-wife who had endured rape and beating was refused legal aid for a family court hearing when her former abusive husband applied for contact with their children, three judges heard.
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 able to obtain legal assistance, three judges were told.
The case of M was one of several the campaign group Rights of Women (ROW) is using to back up the claim that new legal aid restrictions affecting family law cases are unlawful.
Other cases being cited include 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 were being expected "to face their abuser in court".
The Lord Chancellor had asserted it was the Government's intention to ensure domestic violence victims "who genuinely require assistance in court proceedings" were able to obtain legal aid.
Ms Lieven said: "Our evidence shows beyond any possible doubt that that intention is not being met."
ROW are asking the appeal judges to declare that the new rules introduced by 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 LASPO.
They also want a ruling that the new Regulation 33 has introduced flawed criteria which narrow the definition of domestic violence and wrongly impose a strict 24-month time limit on the evidence a person can use to show they were victims entitled to aid.
Ms 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 had received for a domestic violence offence, dating from 2006, was more than 24 months old and could not be relied on.
Police reports and call-outs did not fall within the scope of Regulation 33. And the latest social services report regarding the children was 25 months old, and findings of fact made in the divorce proceedings were beyond the 24-month deadline.
Ms Lieven said no other potential evidence was in date. M was not granted legal aid until she obtained a GP's report after suffering a relapse of her psychological condition after having to attend court unrepresented against her ex-husband in the contact proceedings.
ROW put before the court new data stating 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.
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.
"We know how challenging it is for victims of domestic violence to take their case to court. This is why we've made sure most victims only have to provide evidence of domestic abuse once in the lifetime of their case."
