Domestic Violence Regulations Found to be Unlawful
07/03/2016
The Court of Appeal has ruled that government changes to legal aid for domestic violence victims are unlawful.
The decision to overturn the government’s rules on evidence, introduced as part of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), means that victims of domestic abuse will no longer be required to bring a case against an ex-partner within two years of the incident taking place.
The challenge, which was brought by the Public Law Project on behalf of the charity, Rights of Women, has been hailed as a victory for anyone suffering mental or physical abuse at the hands of a partner. The Court of Appeal ruling recognised that the two year time restriction prevents victims from applying for legal aid, even when it’s clear there’s been violence or there’s an on-going risk of violence.
Rights of Women argued that fear of a perpetrator of domestic abuse does not disappear after two years and legal aid is often the only way some victims can fund action to escape from violent relationships and protect their children. In addition to mental and physical abuse, the ruling also requires the government to amend regulations to ensure that victims experiencing financial abuse are able to access family law legal aid too.
Speaking of the ruling, Pippa Tudor, family solicitor at Russell & Russell, said: “This is a real triumph for anyone who’s been unable to bring a case against their ex-partner because the abuse took place more than two years ago and they don’t have the funds to instigate a private case. The two year time constraint has meant that many victims of domestic abuse have been unable to cut ties with their ex and move on with their life, so the outcome of the ruling is not only a success for victims, but also for common sense.”
As members of Resolution, Russell & Russell took part in the drive to abolish this ruling. If you've been prevented from getting protection, we may be able to review this on your behalf. Call us on 01204 399 299 / 01244 405 700 for more information.