Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025

Lord Sandhurst Excerpts

Tuesday 6th May 2025 Grand Committee

[Lord Sandhurst (Con)]

My Lords, I thank the Minister for introducing this important statutory instrument. We on these Benches support the intent behind these reforms. We welcome efforts to modernise legal aid and to ensure that vulnerable individuals are not excluded from justice due to arbitrary procedural barriers or outdated definitions in law. This order reflects and builds on developments introduced by the previous Conservative Administration, particularly through the Domestic Abuse Act 2021 and recent updates to the Home Office Immigration Rules, notably Appendix VDA.

The extension of the Appendix VDA route is particularly significant. For too long, victims of domestic abuse who have been abandoned overseas—often as a result of coercive and controlling behaviour—have found themselves in legal limbo, unable to return to the United Kingdom or access the support they need. This change will rightly bring such individuals within the scope of legal aid for applications for leave to enter or remain. Can the Minister explain how the Government intend to ensure that information about this change is made clearly available to those who may be eligible for support but who remain outside the United Kingdom? What steps will be taken to ensure that victims who are stranded abroad are not left unaware of their rights under this amended provision?

The order also introduces a practical and necessary change to evidential requirements for private family law legal aid applications. By allowing reports from appropriately qualified overseas professionals to be accepted as valid medical evidence, it recognises that victims may not always be in the United Kingdom when they seek help. This change will reduce avoidable delays and better support families in transnational situations, but I have two questions for the Minister in respect of evidence from overseas witnesses. What steps will be taken to ensure that the evidence from overseas is from a genuinely qualified and accredited professional who, first, matches the professional standards expected of an equivalent health professional within this jurisdiction and, secondly, understands that he or she is complying with the standards of objectivity required of an expert witness complying with the rules of court in this jurisdiction? It is important that this country’s generosity is not abused.

We welcome the modernisation of language in the legislation. Replacing “domestic violence” with “domestic abuse” and “financial abuse” with the broader concept of “economic abuse” reflects the statutory definition set out in the Domestic Abuse Act and the lived experience of many survivors. Abuse is not always physical. It can be psychological, emotional or economic and exercised through control over finances, housing or access to essentials. The updated terminology will support a more comprehensive understanding of abuse among legal professionals and front-line decision- makers.

While we support the direction of travel, we will watch closely how these changes are implemented in practice. Victims whose immigration status is tied to an abusive partner are often in extremely vulnerable positions. Navigating the legal system should not compound their trauma. It is essential that the Home Office and legal aid providers apply these new rules fairly, sensitively and consistently.

There is also the question of clarity and guidance. Following up my two earlier questions, I asked the Minister whether overseas health professionals will be provided with clear information on what constitutes acceptable medical evidence. Without this, there is a risk that legitimate claims may be delayed or refused due to uncertainty about evidential standards or that inadequate evidence might mislead the court. While updating legal language is important, it must be matched by practical understanding. Front-line professionals, from caseworkers to judges, must be equipped to apply these broader definitions in practice. Training and guidance will be crucial.

These reforms build on existing entitlements. They reinforce the role of legal aid as a vital route to protection, justice and stability for victims of abuse, so we support this statutory instrument and thank the Minister for bringing it forward, but we urge the Government to ensure that the implementation matches the intention and that those at greatest risk receive the support they need when they need it.