Truss scraps legal aid time limits for domestic abuse victims
Justice Secretary Liz Truss is scrapping time limits that prevent victims of domestic violence from seeking legal aid for family court hearings on child custody and contact.
Currently, victims have to demonstrate that they have been targeted by their abuser in the past five years in order to qualify for legal aid for private family law proceedings. The alternative is that they represent themselves, which often means confronting their abuser in court.
However, the Prisons and Courts Bill, published last week, abolishes the five-year limit, and also broadens the scope of acceptable “gateway evidence” to include statements from organisations working with victims.
Nigel Shepherd, Resolution’s national chair, said: “It is a reform that is long overdue in family cases where the fear of such cross-examination can result in victims of abuse not seeking the protection they need and, if they do go ahead, adds to the trauma they have suffered.”
The decision follows a long campaign by domestic abuse and women’s rights campaigners, including Rights of Women, which last year brought a successful Court of Appeal challenge against the evidence requirement for domestic abuse victims. The time limit for legal aid applications was subsequently extended from two to five years, running from the date of the most recent abusive incident.
Prime Minister Theresa May announced plans in February to bring forward a Domestic Violence and Abuse Act to better protect victims.
