COVID-19: Protecting domestic abuse victims

Refuge has reported a 25% increase in calls from its average of 270 calls per day to its national domestic abuse helpline in the week commencing 30 March. Hits to the national domestic abuse website www.nationaldahelpline.org.uk increased by 150% during the initial stages of the lockdown. Refuge chief executive Sandra Horley said the window for women to seek help is extremely limited and, during periods of isolation with their perpetrator, this window narrows even further.

Law Society President Simon Davis said: ‘These figures are deeply concerning and are compounded by a lack of physical access to the courts.

‘The government guidance for emergency injunctions presumes victims can find a safe space away from their abuser, fill in an application, provide a valid witness statement and attend a telephone hearing. But social distancing has made it even more difficult for victims to get time away from their abuser to ask for help―leaving many trapped in an increasingly volatile situation.

‘The government’s guidance should provide alternatives for those who are locked in with their abuser and offer further support for those who have disabilities or face language issues when access to advice services and physical courts is limited. For those who do not qualify for legal aid and cannot afford a solicitor, navigating a telephone hearing unrepresented can prove even more complex than the usual court process.

‘Making non-means tested legal aid available for domestic abuse cases would give victims the legal support and access to justice they so desperately need.’

He urged the government to relax the domestic abuse gateway regulations so solicitors can certify an individual is a domestic abuse victim and allow them access to legal aid. Davis said many victims rely on evidence from a doctor, which is difficult to get at this time.

Meanwhile, HM Courts and Tribunals has issued guidance for members of the public applying for a domestic abuse injunction, at the invitation of Sir Andrew McFarlane, President of the Family Division.

The guidance explains how a person who seeks protection must now apply to the court for an injunction by email or post, rather than in person.

Sir Andrew said the guidance was ‘timely’ as he was ‘concerned that there might be an enhanced need for the Family Court to provide protection from domestic abuse for children and adults during this period of family lockdown’.

The guidance can be found here: www.gov.uk/guidance/applying-for-a-domestic-violence-family-law-act-injunction-for-unrepresented-applicants.