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Further to the implementation of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 on the 1 April 2013 substantial cuts were made to the provision of Legal Aid in family law matters.

The Act limited the areas of Family Law which would automatically be in scope for funding, for example divorce and private children matters such as contact disputes. However these matters may be eligible for legal aid where certain ‘trigger evidence’ is available.

Where there has been domestic abuse and this can be proved through documents satisfying the ‘trigger evidence’ requirements then legal aid may be available for private children and family matters. The provision of Legal Aid will also be dependent in most instances, on a full means and merits assessment (this relates to the prospect of success of the case and an income/capital assessment).

If a child is at risk of or has been a victim of abuse and this can be proved through ‘trigger evidence’ then legal aid may be available for certain private children applications. However this will not entitle an applicant to legal aid for matters such as divorce and financial relief. Where an applicant cannot satisfy the evidential requirements for legal aid, they may be able to make an exceptional claim and it is therefore worth discussing the matter with a solicitor.

Recent case law in the Court of Appeal has confirmed that the ‘trigger evidence’ must be dated within the last five years. Previously the evidence had to be dated within the last two years which left many victims of historic domestic abuse often having to attend Court without representation and therefore cross examining the perpetrator themselves. This was far from ideal given the vulnerability of the victims. Therefore, the extension of the time limit is a welcome change.

The Ministry of Justice has published draft template letters that can be taken to the professionals mentioned in the list of ‘trigger evidence’.

Where Legal Aid is sought to make an application for an injunction to protect a victim of domestic abuse, trigger evidence is not required. Legal aid will be available to fund the matter subject to a full means and merits assessment.

Unfortunately, anyone can be the victim of domestic abuse. Whether physical, emotional, sexual or financial; it takes a lot of courage to be able to report abuse to professionals. Victims are encouraged to report the matter to the police to ensure their safety.

Duncan Lewis can help with applications to the courts in relation to domestic abuse. The firm has a specialist domestic abuse helpline which we encourage victims to contact. The helpline is available Monday – Friday, between the hours of 9.30am and 5.30pm and can be contacted by calling the following number 0800 689 3275.