Changes to legal aid for victims of domestic abuse from 8th January 2018

The domestic violence gateway was introduced as part of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) and effectively removed legal aid for private family law matters, unless proof could be produced  individuals of domestic abuse or there was evidence of child abuse.

The hurdles – including arbitrary time limits imposed on evidence of domestic abuse and the required evidence was set out in the regulations.

It was restrictive and often impossible to secure legal aid for many people, mainly women, who desperately needed help.

The restrictions resulted in nearly half of all victims being unable to access the vital legal help they need.

Following a successful judicial review, the Ministry of Justice agreed to review the regulations and has worked closely with the Law Society, LAPG, Resolution and Rights of Women to ensure that the evidence required was more appropriate. The revised regulations came into force on 8 January 2018.

Key changes include:

• the removal of the time limit on evidence;
• the recognition of evidence from organisations providing domestic violence support services
• evidence from housing officers, and
• evidence of violence towards a previous partner as risk of abuse

Law Society of England and Wales vice president Christina Blacklaws said: “We welcome this reform, which will make it easier for victims to qualify for legal aid and access essential help and support.”

“The impact of domestic abuse is often lifelong. Any time limit imposed on victims of abuse is inappropriate.”

The types of evidence that can be accepted for victims to access legal aid have now been broadened to include statements from domestic violence support organisations and housing support officers.

The changes came into effect on 8th January 2018.

For more information about how we can help you please click here. There is a summary of the eligibility criteria for legal aid at the end of the page, but you should call us to check how we can help if you are unsure.

Our telephone numbers are: 0191 4555361 and 0191 4974630.