Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Catherine McKinnell and Sarah Wollaston

Tuesday 17th April 2012 Commons Chamber

[Catherine McKinnell]

I will not, as the hon. Gentleman has not been here for the whole debate.

In regard to Lords amendment 194, the Government have repeated their intention to continue to provide legal aid for victims of domestic abuse involved in private law family cases. However, as children are necessarily involved, I am naturally concerned that the adults caring for them should have unfettered access to legal aid, so that they can protect themselves and their children. The Government’s U-turn on the definition of domestic abuse is welcome, but it does not deal with the crux of the matter, which is that the evidence required to prove domestic abuse on an assessment for legal aid is unduly restrictive.

Victims will pass through the narrow evidential gateway. Broadly speaking, an order will need to have been made within the past 12 months or still be in place, and the abuser will need to have a criminal conviction or be party to ongoing criminal proceedings for abuse. The evidence will have to have been generated within the past 12 months. On that basis, a letter from a refuge, to which a woman has fled from domestic abuse, stating that she is a victim would not suffice, and neither would a letter by a social worker stating the same thing. Victims who have not previously sought help from the police or lawyers, those who are too scared or proud to do so and those enduring low-level but nevertheless unacceptable abuse are among those who might be denied support.

[Dr Sarah Wollaston (Totnes) (Con)]

Does the hon. Lady not accept that we have heard today that the threshold will now be two years, rather than one?

[Catherine McKinnell]

Yes, I gladly accept that, but that does not address the underlying concern that the terms are unduly restrictive and will not cover all those who require support and assistance.