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Time to scrap the £150 fee for victims of domestic abuse

5 replies

MumsnetGuestPosts · 13/01/2021 16:08

Two women are killed each week by a current or former partner and one in four will experience domestic violence in their lifetime.

Legal Aid is a lifeline for women fleeing domestic abuse. It helps them to protect themselves, their children and secures their financial situation. One of the accepted forms of evidence is a letter from a GP.

Since 2016 I have been raising in the House of Lords the outrageous situation whereby GPs can charge the victims of domestic abuse up to £150 for legal aid referral letters that confirm their injuries are a result of abuse thereby enabling the victim to apply for legal aid.

Successive Ministers from the Despatch Box have expressed support for the charges to be waived, but have not taken the opportunity to end this practice. Some GP practices have voluntarily rewritten their charging policies when light has been shone on this little-known fact.

It is true that the majority of GPs do not charge for these letters, but the fact is that a significant minority do and despite all the calls for this to stop, expressions of support for victims, and even the British Medical Association having a policy that no victim of domestic abuse should be charged a fee for a legal aid referral letter. The practise continues to this day.

It was Wythenshawe Safespots, a campaigning organisation based in Manchester, that first alerted people to this dreadful situation and started the campaign to Scrap the Fee.

The Domestic Abuse Bill has recently started its passage through the House of Lords, and I am hopeful that the Bill will be improved during its passage through the Lords with many changes agreed before returning to the House of Commons.

On Monday I tabled a new clause to the Bill which will stop GPs who have a contract with the NHS from charging victims of abuse for legal aid referral letters.

To get this amendment passed in the House of Lords and to be accepted in the House of Commons we need a campaign both inside and outside Parliament to highlight how wrong these charges are, calling on members of both Houses to finally deal with this issue and commit to scrapping the fee once and for all.

It is everyone’s responsibility to play their part to stop domestic violence and abuse and this is the right thing to do on an issue that has been ignored for far too long. There just needs to be the will in Government and Parliament to do it.

RowanMumsnet · 13/01/2021 18:50

Hello

First off, apologies to those of you viewing on the Talk app who can't see who the post author is - our bad. It's Lord Kennedy of Southwark - you can see his Twitter here.

Second - if you support amending the Domestic Abuse bill to take account of this please email your MP and ask them to support the amendment when the bill returns to the Commons. (We'll try to get more specific info about the amendment for you and post it up here ASAP)

RowanMumsnet · 14/01/2021 09:08

@NiceandCalm

Agree wholeheartedly but maybe change the title of this thread as I thought, oh god, another scrap the TV licence fee! You may get more responses?
We've done this now - thank you

RowanMumsnet · 14/01/2021 09:25

@Thelnebriati

Will this thread be stickied on other boards?
Hello - it's stickied in a few (Active, AIBU, Chat, In The News, Politics, Legal Matters, Mumsnet Campaigns, Relationships, Feminism Chat) - let us know if you think we've missed some

JuliaMumsnet · 15/01/2021 16:02

Thanks for your questions and comments on this. We've gone back to Lord Kennedy of Southwark and this is what he says.

"For those asking what you could do, a good place to start is to contact members of the House of Lords asking them to vote for my amendment to the Domestic Abuse Bill to scrap the fee. The bill is soon to go to House of Lords committee stage so peers will be voting on the amendment in a few weeks (it will then go back to the House of Commons later on).

Select a member or members to contact. You can see a list of all members of the House of Lords and their contact details here: Members of the House of Lords.

It seems that Labour, Liberal Democrat, and Green peers are supportive of the amendment so consider concentrating on Tory, Crossbench, and unaffiliated peers, and Bishops.

I know people were asking for a template letter but as parliamentarians often get lots of emails on certain topics that look exactly the same, it helps to make your email personalised. A handwritten letter is a nice change for them too. Here are a few points to include:

· Welcome the Domestic Abuse Bill.
· Ask the Peer to support proposals from around the House to improve the Bill.
· It is good to see from recent announcements that the Government are listening.
· Lord Kennedy of Southwark has tabled an amendment to stop GPs from charging patients for legal aid referral letters where fees of up to £150 have been charged. Only a minority of GPs charge but we have to stop this practice completely.
· The amendment only concerns legal aid referral letters and does not impinge on charges that are levied by GPs for other letters.
· Will you support the amendment to scrap the fee?

There may be other points you want to make. Try to keep your letter as unpolitical as possible. This is not about party political affiliation – it’s just the right thing to do.”

We hope that answers your questions.

MNHQ

JuliaMumsnet · 12/03/2021 17:25

A message and update from Lord Kennedy:

"Safespots, a small charity in the Wythenshawe area of Manchester, started a campaign with a survivor of domestic abuse to stop GPs from charging women for the letters they need to confirm their injuries and access legal aid.

I was shocked to learn this was ever the case which came to light when my friend Tom Watson visited the charity.

Since 2016 I have been raising the issue on the floor of the House of Lords and despite receiving supportive comments from various Government Ministers across four departments, we never seemed to make any progress.

It seemed it was firmly in the too difficult box, though to me it seemed the solution was to just legislate to stop GPs charging these fees.
The fact was most GPs did not charge a fee for these letters and the policy of the BMA was to recommend to their members not to charge a fee. Though for whatever reason we could not get this practice stopped finally everywhere. It left victims in a lottery situation not knowing if their GP charged or did not charge and if your GP did charge then that for me was an unacceptable barrier to seeking justice.

The Domestic Abuse Bill was the perfect opportunity to seek to finally have the charges banned completely everywhere. So, with the backing of Safespots, the Daily Telegraph, Mumsnet and others I tabled amendments to do just that. They attached supported from every bench in the House and I was clear that if this matter was not solved. I was going to vote on the issue at Report Stage, on Monday 15th March 2022.

I believe Ministers were divided on the issue but we had supporters in Government who helped make the case and on Wednesday it was confirmed that the Government were going to lay their own amendments to the Domestic Abuse Bill to finally stop fees for there letters being charged and having got the agreement of the Welsh Government the provisions would cover both England and Wales.

There are many people to thank. I will do that on Monday when speaking in the debate but I would in particular like to thank Mumsnet and all the great campaigners in the Mumsnet community who support this welcome and much needed change in the law."

Thanks to all of you who helped with this campaign!

MNHQ

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