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 this week, abolishes the five-year limit, and also broadens the scope of acceptable “gateway evidence” to include statements from organisations working with victims.
Polly Neate, chief executive of Women’s Aid, said: “This is a breakthrough for the safety of children and their mothers who have been placed in the unthinkable position of facing their abuser in court.
“Women’s Aid is incredibly grateful for the speed at which Liz Truss has acted on a key demand of our Child First campaign. It is critical this legislation is followed by clear and firm guidance for judges, and we look forward to working with government and the President of the Family Division.”
The move 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 after an abusive incident could be proven.
Prime Minister Theresa May announced plans earlier this month to bring forward a Domestic Violence and Abuse Act to better protect victims.
