Domestic abuse victims denied legal aid

A charity which deals with domestic abuse victims has suggested that “thousands of people each year” are unable to access support to remove themselves from their situations. 

Domestic Violence Assist (DV Assist) has reported that the volume of referrals it receives has increased 50%, now around 3,000 referrals p/m, up from 2,000 in 2020.

DV Assist Chief Executive Luis Labaton described how victims are being left with no protection on an “almost daily” basis because they cannot afford legal fees or do not feel confident to represent themselves. While 40% of victims referred to DV Assist qualify for full legal aid, Mr Labaton says the remaining 60% struggle financially and are unable to afford a private solicitor. Around 10% go on to pay privately or apply directly to the court without representation, meaning around half are left without protection.

However, many do not wish to represent themselves and face their abuser in court.

“Most don’t feel confident or comfortable in applying for an order themselves and representing themselves in court. Only a tiny number of people choose this route.

Said Mr Labaton, adding that many people feel badly let down by the legal system.

“The rest – amounting to thousands of people each year – end up having no protection and having to remain with their abuser. This is happening almost daily. They are left extremely distressed. It’s a horrendous situation.”

He continued, saying DV Assist report a 68% rise in the number of orders it has helped secure, from 12,500 in 2020 to 21,000 up to the end of September; meanwhile the number of male victims is on the increase from around 100 in 2020 to more than 600 so far in 2021.

Commenting, Law Society of England and Wales president I. Stephanie Boyce said:

“These figures are alarming and reflect what we are hearing from our members. It is a sad state of affairs that victims should be left to navigate the justice system and face their abusers on their own.”

“The UK government is currently undertaking a legal aid means test review to assess how well the means test protects access to justice for the vulnerable, including victims of domestic abuse.”

“This review must ensure this situation is addressed so victims and their children can access the protection from violence. The government needs to remove the legal aid means test for cases where clients are seeking protective injunctions.”

“The successive lockdowns have shone a spotlight on what is a desperate situation. In the first three weeks of the first lockdown, 14 women and two children were killed. Non-means tested legal aid must be implemented to ensure victims are represented in these cases and such tragedies are avoided.”