Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many victims of domestic violence have been refused legal aid in relation to an application for an occupation order in each year since 2010.

Figures are based on the volume of applications made rather than the number of discrete individuals. One person may make more than one application for legal aid.

The upper limits on financial means eligibility in cases involving protective orders due to Domestic Violence are waived, meaning a client will never be assessed out of scope on finances. The Legal Aid Agency would never refuse an application on the basis that it did not believe the applicant to be a victim of domestic abuse.

Refusals will be based on consideration of whether the circumstances of the case indicate that the court is unlikely to grant an order (minor incidents or passage of time since they occurred), whether there is an alternative remedy available (warning letter, police involvement) or whether the client is already sufficiently protected (bail conditions, remand in custody).