Asked by: Lord Moraes (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what consideration they have given to including the legal registration rights of adults to be registered as British citizens under the British Nationality Act 1981 within the scope of civil legal aid.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) sets out the matters in scope of legal aid and the eligibility criteria, and seeks to ensure that legal aid is available to those most in need.
The rights of adults to be registered as British citizens under the British Nationality Act 1981 is not within scope of legal aid. Where an issue falls outside the scope of legal aid, individuals can apply for Exceptional Case Funding (ECF). ECF will be granted if, without legal aid, there is a risk that the person’s human rights may be breached. ECF applications are determined by the Legal Aid Agency on a case-by-case basis.
Legal aid is available for separated migrant children for applications for registration as a British citizen or British subject, and for immigration applications for entry clearance, leave to enter, or to remain in the United Kingdom. This provision is available due to the particular vulnerability of this cohort, subject to means and merits testing as applicable.
We regularly engage with other government departments to understand the impact of their policies on immigration legal aid and consider taking action to expand the scope of legal aid where needed.
Asked by: Lord Moraes (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to respond to the Domestic Abuse Commissioner's report, Everyday business: Addressing domestic abuse and continuing harm through a family court review and reporting mechanism, published on 14 October.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government recognises the impact family court proceedings can have on children and adult survivors of domestic abuse, which is why we are prioritising the protection of abuse survivors going through the family court. This includes the expansion of the Pathfinder programme, which promotes safeguarding and supports victims of domestic abuse through early multi-agency collaboration and expert domestic abuse support.
The family court also has a range of powers to protect victims. These include prohibiting the cross-examination of domestic abuse survivors by their abusers and automatically deeming survivors eligible for special measures, such as giving evidence via video link or from behind a screen. Additionally, Independent Domestic Violence Advisers (IDVAs) and Independent Sexual Violence Advisers (ISVAs) can attend court to provide support throughout proceedings.
The Government welcomes the Domestic Abuse Commissioner’s report. We are carefully considering the recommendations and will publish a full response in due course.
On 22 October we announced that, as part of the wider package of family court reforms, we will repeal the presumption of parental involvement. Alongside this announcement, we have published the Review of the Presumption of Parental Involvement and the accompanying reports from the three commissioned research projects.
Asked by: Lord Moraes (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they will consider undertaking a review in relation to concerns of senior lawyers that family courts are "not safe" for victims of domestic violence.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government recognises the impact family court proceedings can have on children and adult survivors of domestic abuse, which is why we are prioritising the protection of abuse survivors going through the family court. This includes the expansion of the Pathfinder programme, which promotes safeguarding and supports victims of domestic abuse through early multi-agency collaboration and expert domestic abuse support.
The family court also has a range of powers to protect victims. These include prohibiting the cross-examination of domestic abuse survivors by their abusers and automatically deeming survivors eligible for special measures, such as giving evidence via video link or from behind a screen. Additionally, Independent Domestic Violence Advisers (IDVAs) and Independent Sexual Violence Advisers (ISVAs) can attend court to provide support throughout proceedings.
The Government welcomes the Domestic Abuse Commissioner’s report. We are carefully considering the recommendations and will publish a full response in due course.
On 22 October we announced that, as part of the wider package of family court reforms, we will repeal the presumption of parental involvement. Alongside this announcement, we have published the Review of the Presumption of Parental Involvement and the accompanying reports from the three commissioned research projects.