Campaigners and trade unionists protested outside the High Court in London yesterday ahead of a legal challenge against the government’s draconian legal aid cuts for domestic violence victims.
Rights of Women is bringing the challenge, which argues that large numbers of survivors are being denied justice because new rules brought in by the coalition prevent them from obtaining legal aid.
The charity is disputing the legality of the changes, which set out mandatory evidence requirements for a victim seeking legal aid for a private family law case.
Lawyers for the charity say that large numbers of victims are being turned away “at the first hurdle” as they have no permissible evidence, and are left with the choice of paying a solicitor privately, representing themselves, or doing nothing and continuing to be at risk.
The scope of their entitlement is further affected by the imposition of a limitation period of 24 months on the evidence that will be accepted, they argue.
Nathalie Lieven QC told the High Court that the regulations were contrary to the statutory purpose of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
“LASPO is clear that victims of domestic violence should be entitled to legal aid in proceedings against their abuser, subject to a financial and merits test.
“The statutory purpose was to ensure that victims, and their children, have adequate access to justice for those proceedings and that they are protected from both physical and psychological harm.”
Ms Lieven said the government’s own reports recognised that domestic violence remained a “hidden crime” which, as it occurred in the private domestic sphere under the control of the perpetrator, was often extremely difficult for victims to report to the authorities at all.
The judges have said that they will give their decision on the hearing, which is contested by the Lord Chancellor, at a later date.
GMB London Regional Equality Forum’s Taranjit Chana, who attended the protest, added: “The changes to legal aid are unlawful as access to legal aid is often life-saving.”

