Children and Social Work Bill [HL]

Baroness Thornton Excerpts

Report: 2nd sitting (Hansard): House of Lords
Tuesday 8th November 2016 Lords Chamber

Moved by

[Baroness Thornton]

53C: After Clause 28, insert the following new Clause—
“Legal aid: families with children experiencing domestic violence
In Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012, after paragraph (2) insert—“(2A) A general practitioner or other health professional may not charge for the provision of evidence of domestic violence or risk of domestic violence, where the domestic violence has taken place, or is at risk of taking place, in a family which includes children.””

[Baroness Thornton (Lab)]

My Lords, Amendment 53C seeks to insert a new clause into the Bill. I have not participated in the passage of the Bill to date, but I have followed its progress with great interest and am pleased to bring this important matter for the consideration of the House today. The aim of the amendment is to put an end to the practice of GPs charging domestic violence victims a fee for producing the letter they need to access legal aid.

As noble Lords will remember—some of us remember it very distinctly—legal aid is now available for private family law matters only where an individual can prove that they are a victim of domestic violence. A person must produce specific evidence to qualify, and one way to do it is through the provision of medical evidence.

Doctors are free to levy an unspecified fee for providing this medical evidence, as it sits outside the NHS contract—and it seems that some are doing so. This seems inappropriate at every level. For a woman on a low income, who may be on benefits or financially controlled and coerced by an abusive partner, paying a fee could seem almost impossible. I think that this is most unfeeling. Sometimes these women are struggling financially and may have to make a choice between a fee to the doctor or paying the bills.

--- Later in debate ---

[Lord Nash]

My Lords, I thank the noble Baroness, Lady Thornton, for her amendment and for the points that she, the noble Baroness, Lady Howarth, and the noble Lord, Lord Watson, have made. I understand that the concerns around GPs charging for evidence are shared by others, including the Law Society and Rights of Women. I also note that Tom Watson MP, deputy leader of the Labour Party, launched a campaign related to this issue in September. Before addressing their points, it may be helpful if I briefly explain the purpose of the regulations to which the tabled amendment refers.

The reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed most private family matters from the scope of legal aid. These were mainly matters concerning child contact arrangements following separation. A clear exception to the scope of these reductions was for family cases involving the appalling crime of domestic violence, for which legal aid is available provided that applicants can produce a piece of objective evidence from those listed at Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012. A letter from a health professional, including a GP, is one of the specific pieces of evidence listed. Such letters are one of the most common ways that victims evidence their abuse: around 25% of applicants rely on it currently. In the letter, the GP must confirm that the victim has been examined and has injuries or a condition consistent with being a victim of domestic violence. The examination must have taken place within five years of an application for civil legal services. GPs are not required to provide a full report of the violence, just a brief letter for which a template is provided by the Legal Aid Agency. The template was designed in conjunction with the Royal College of GPs.

The Ministry of Justice does not believe that there is a need for GPs or health professionals to charge for writing a letter, although we recognise that this may happen on occasion. I am sure we can all agree that none of us wishes to see unnecessary barriers placed between victims of domestic violence and the help that they need, and I understand the concerns raised by noble Lords. However, I worry that in the absence of alternative funding arrangements or legislation compelling GPs to provide this service to victims, GPs may choose not to provide the evidence following this amendment. That could be counterproductive and prevent victims accessing legal aid. In any event, the House should be aware of an extensive programme of work currently being undertaken by the MoJ, looking not just at this specific issue but at the domestic violence evidence requirements for legal aid more generally. It is worth me elaborating on this a little further.

The Government have broadened the domestic violence evidence criteria three times since implementation; they were most recently amended in April this year. Upon announcing the latest amendment, the Minister then responsible for legal aid announced to the House of Commons that the Ministry of Justice had begun work with domestic violence support groups, legal representative bodies and colleagues across government to gather data and develop their understanding of the issues encountered by victims in obtaining evidence, with the aim of drawing up replacement regulations. The Law Society and Rights of Women are among those with whom the Government have been working collaboratively over the summer. Among other things, the work has involved a large survey of legal aid providers and domestic violence support organisations, as well as a series of focus groups facilitated by Women’s Aid with victims who have had experience of providing evidence. The work is looking at all types of evidence set out in regulations, not just letters from GPs and health professionals, as well as issues around accessibility more generally. The Ministry of Justice is considering the findings and will announce any change to regulations in due course.

I reassure the House that the Government strongly believe that victims of domestic violence must have access to the help they need, including access to legal services funded through legal aid. The extensive research work undertaken by the Ministry of Justice is a reflection of that. I am sure that my colleagues will be happy to meet the noble Baroness to discuss the matter in more detail, and I will certainly take back the particular point made by the noble Lord, Lord Watson. However, in view of what I have said, I hope that the noble Baroness will feel reassured enough to withdraw the amendment.

[Baroness Thornton]

I thank the Minister for that detailed and comprehensive answer. My only complaint is that he did not accept my amendment, because he has covered all the bases. Clearly there is more to discuss. I thank him for his answer and will certainly accept the invitation to discuss this further. I beg leave to withdraw the amendment.

Amendment 53C withdrawn.