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

Mike Wood Excerpts

Tuesday 22nd April 2025 General Committees

[Mike Wood (Kingswinford and South Staffordshire) (Con)]

It is a pleasure to serve under your chairmanship this evening, Sir Desmond. Legal aid plays a critical role in our justice system, particularly for the most vulnerable in society. Access to that legal advice and representation can be a lifeline for individuals facing incredibly difficult circumstances, and those who have experienced domestic abuse are often in particular need of such support. That is why any changes to the legal aid framework in this area warrant careful consideration.

It is clear that a significant number of the changes in this draft order will help legal aid provision to keep pace with the evolving legal landscape. The alignment of terminology—moving from “domestic violence” to “domestic abuse” and from “financial abuse” to “economic abuse,” for example—is a necessary step to reflect the broader understanding of the multifaceted nature of abuse, consistent with the landmark Domestic Abuse Act. That modernisation of language is not merely semantic; it will help to make sure that a wider range of behaviours, and their impact, are properly recognised within the legal aid system, so it has our support.

The amendments relating to immigration legal aid for victims of domestic abuse also warrant careful attention. The inclusion of those applying for leave to remain under the updated appendix to the immigration rules is a change that addresses a specific vulnerability. Individuals whose immigration status is tied to an abusive partner are in a precarious position. We support these changes, although we will closely monitor how they are implemented.

We agree that the changes to the evidential requirements in private family law cases, allowing medical evidence from registered overseas health professionals, are a pragmatic step. Survivors of abuse may have sought medical attention outside the UK, and it is sensible and right that such evidence should be considered in legal aid applications. People who are fleeing abuse should not be inadvertently disadvantaged in accessing legal aid.

The amendments concerning domestic abuse protection notices and domestic abuse protection orders represent a further stage in the integration of these relatively new protective measures into the legal aid framework. DAPNs and DAPOs were introduced to provide more streamlined and effective protection for victims of domestic abuse.

The previous Government introduced statutory instruments in 2023 and 2024 to amend legislation to provide access to legal aid for both victims and respondents, where appropriate. This draft order makes further amendments so that the appropriate type of legal aid—civil or criminal—is available to those who are party to DAPO proceedings, and for those subject to DAPNs. It is right that victims and, where appropriate, respondents in such proceedings should both have access to legal representation to ensure fair and just outcomes.

We will be particularly interested in the effects of these changes, which we support in principle. We particularly note the Government’s ongoing evaluation of the DAPN and DAPO pilot, which was launched on 27 November 2024 in the locations that the Minister mentioned, and how the legal aid provisions interact with the findings of that review.

I understand that no formal consultation was undertaken specifically for this draft order, as the Government view these as technical amendments aligning with existing policy and legislation. While we understand the rationale, we reiterate the importance of ongoing dialogue with stakeholders, including legal aid providers and those representing victims of domestic abuse, to ensure that the practical implementation of these changes is smooth and effective.

The commitment from the Ministry of Justice and the Legal Aid Agency to monitor the impact of these amendments on the legal aid scheme is important to ensure the transparency and adequate functioning of the legal aid system. The impact assessment accompanying this instrument provides a degree of insight into the anticipated costs and effects of these changes, and we note the estimated increase in the legal aid fund related to the expansion of immigration legal aid, and the assessment that other amendments are unlikely to result in a substantial increase in applications. We will monitor that closely, and we call on the Government to similarly keep these assessments under regular review, as the changes take effect.

While we acknowledge the Government’s stated aims and the technical nature of many of these amendments, we also recognise the profound impact that legal aid has on the lives of vulnerable individuals. Ensuring that the system is accessible to those who genuinely need it, is up to date and reflects the realities faced by victims of domestic abuse is a shared objective. On the basis of the information provided and the commitment to ongoing monitoring and review, we will not divide the Committee on today’s order.