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No Legal Aid for domestic violence victims

4 replies

Morebiscuitsplease · 25/04/2012 19:51

Please someone tell me this is wrong. I cannot believe that this has been approved. This is a very sorry state of affairs. :(

OP posts:
niceguy2 · 25/04/2012 20:49

Legal Aid Bill Survives

From what I understand, it's not a case of no legal aid at all. But a definition as to what is accepted as domestic violence as well as a 12 month time limit to bring a case.

So the way I read it (please someone correct if I have misunderstood) is that previously you could claim legal aid by simply alleging domestic violence. Whereas now you will need to have proof such as a police caution or evidence from GP.

The fear mentioned in the BBC article is that some people leave it years before claiming domestic violence which might then fall foul of this new time limit. I can sort of see the logic but then I also see the logic in that there should be some time limit. I dunno. Not an expert so happy if someone wants to explain to me in greater detail.

edam · 25/04/2012 23:30

Many women's organisations have been campaigning on this. The original proposals were terrifying - they would have left all but a tiny of handful of victims without recourse to any legal support. The government's amendments make a very bad bill a little better - but the final defeat of those trying to save the government from making a terrible mistake will leave a dreadful legacy.

I'm not entirely on top of the latest development, but for instance, the government's original proposals discounted medical evidence - because your GP wasn't in the room when you were being hit. Outrageous.

carernotasaint · 26/04/2012 01:16

Going by your last paragraph edam they wanted to use the Atos argument on domestic abuse victims similarly to the way they use it on DLA/ESA claimants.

edam · 28/04/2012 15:46

Good comparison, carer.

One of the major flaws of the bill as passed (apparently it was 50:50 on the amendments - tragic that it came so close but they were lost) is that although women who are admitted to a refuge can get legal aid, those who access domestic violence support in the community will not. This is especially cruel as funding for refuges is being cut, so women are being turned away - not only are the excluded from a place of safety, they are also prevented from gaining legal aid. Appalling. Only a little over 10% of women who used Women's Aid services went into a refuge - and there are far more women than that who don't use Women's Aid at all.

The majority of women seek support - including shelter - from family and friends after experiencing violence. Many women never report to statutory services, but may contact charities and women's organisations.

Women should be able to take whatever route they feel able to out of domestic violence, not be penalised because they are turned away from a refuge or choose to seek support from family, friends or charities rather than the state.

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