Legal Aid Scheme: Domestic Abuse

(asked on 1st September 2023) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential merits of removing the legal aid means test for (a) survivors and (b) victims of domestic abuse in private family law proceedings.


Answered by
Mike Freer Portrait
Mike Freer
Parliamentary Under-Secretary (Ministry of Justice)
This question was answered on 11th September 2023

We have expanded the scope of family legal aid, delivering on our commitments to support victims of domestic abuse and special guardians to access legal aid. This means an increase in funding of £13m per year.

We have also put in place an eligibility waiver for victims of domestic abuse applying for an injunction or other protective order, which means they can receive legal aid even if they would not otherwise pass the means test, though they may have to pay a financial contribution towards their legal costs.

We will exclude assets such as the family home from the means test where they are the subject matter of the dispute or where coercive behaviour has denied applicants use of their shared marital assets, making it easier for domestic abuse victims to access legal aid.

Domestic abuse victims in receipt of Universal Credit who are seeking a protective order will receive free legal aid for themselves and their children. These orders are uniquely linked to the safety of domestic abuse victims and their families. This means domestic abuse victims who are in receipt of Universal Credit will continue to have access to urgent injunctions regardless of their financial situation.

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