Report comment

Paragraph 8.7 of the submission states: "Parliament was clear that victims of domestic abuse should have legal aid for family law matters. Yet research from Rights of Women showed that around 38% of the victims of domestic violence who contacted them were unable to produce one of the forms of evidence the MoJ decided to require. We welcome the recent court of appeal judgement which found that the regulation setting out those evidential requirements was unlawful because it frustrated the statutory purpose of LASPO.14 In so far as the regulation imposes a 24 month time limit and does not cater for victims of financial abuse it was declared invalid. To access legal aid a victim should not have to provide prescribed forms of evidence, any test should be open as to how the domestic violence is proved. The test could be markedly improved and the judgement complied with by allowing solicitors to certify that the individual is, in their professional opinion, a victim of domestic violence."

The submission as a whole is well worth reading, and roundly criticises the Government on many points. Those who criticise the Law Society for apparently doing nothing while the Government limits access to justice should read the submission in its entirety, carefully.