Legal aid for DV in family court.

[ThisMustBeMyDream]

I'm posting for advice for my DP. He was a victim of assault by his ex a couple of years ago and it was reported to the police (there was more than one assault, along with emotional and psychological abuse. This assault is the only officially documented one however). He has proof via police and social services - however she wasn't given a caution. It went to restorative justice. She attended an offenders course.

This means he can't get proof of DV from the police. Social services said they can't provide a letter (although he has a s7 report with it all documented) as it was only a "one off" and mum didn't admit to being a perpetrator of DV (yes I know this is wrong, but he has exhausted this avenue with no joy).

His GP refused to write a letter last time (3 years ago) as they didn't see physical injuries at the time - he had them but they were cuts and bruises not requiring medical attention. They refused to help even though he went to be signed off with stress after the assault and told the GP this was the sole reason for the stress and why he needed time off work. He had previously been to the GP when she started emotionally and psychologically abusing him and he had been given medication, this was about 3 months before the final assault.

He is at a new GP now, so he has asked them if they can look at the record and sign a letter based on what they can see documented. He is awaiting their response.

He has contacted the police to find out who he was referred to after the assault. He thought it was an IDVA, as they came to the door to see him and talked him though a non-mol. The police couldn't find a record of who he was referred to. He tried the IDVA's, but they had no record of him. Police suggested possibility of it being victim support - so he will try them tomorrow.

It is proving incredibly difficult for him to get legal aid. He really does need it right now as social services have been involved with his child and strongly recommended he take legal advice as they are concerned about the mothers behaviour and parental alienation. They are incredibly supportive of him (other than helping him with a letter for bloody legal aid of course!) and their report is highly critical of the mother and supportive of him as a father.

He is out of work at the moment as a supply teacher, so he really needs to get legal aid as he needs representation.

Can anyone help in how to do this when agencies are making it incredibly difficult?

Ideally 50/50 would have been a good way forward. However he lives 40 minutes away. In rush hour it is more like 1 hour. It wouldn't be feasible to do 50/50 for his daughter as she will start school next September. It would have to be residency really as she would need to go to school near his home address.
He has no concerns that mum meets her basic needs. She is loved, cared for, provided for. But he has significant concerns that emotionally and psychologically she is being mistreated. This has certainly been noted by social services and a declaration of parental alienation has been made to him by the social worker. Highly unusual as far as I'm aware. It isn't something that gets thrown around by professionals.
Her reason this time was full on nuclear... she accused my children of something. Something untrue, which social services agree that it is not true. It has been awful. After she was told there are no concerns she then tried to go down the "he is emotionally abusing daughter" route. Using the exact same things we believe she is likely doing to her daughter and accusing DP of them. Again, social worker said they had no concerns after investigating. She has been told throughout to resume contact by social services. She has refused. Social services have now left it in courts hand basically as they can not force her to recommence contact. They have told her their report will not be good for her. They have told DP they will be supporting him in their report. Yet she still withholds contact. Presumably this is because she couldn't cope with the thought of DP having her this Christmas. That is the most likely reason for this current denial. Most of her contact breaches have centred around special occasions ie. Fathers day, Christmas holidays, birthdays, any extended holiday periods.

She sounds hugely manipulative to be fair.. Not healthy for the little one.. But again the court will look at what's best for the child, not what's best for her mother and child. Separating a child from her mother when she's been with her full time since she was born may not necessarily be the best thing. I'm sure your partner will have his say in Court.
Why has your partner not applied for enforcement of her repeated breaches?

He has been back for an enforcement previously. They looked at several all together (she did loads of breaches in between the enforcement application and the court date). She was simply told off that time.
Hopefully he will get some proper advice soon. Maybe the solicitor he has given the documents too will respond tomorrow.

@ThisMustBeMyDream did he not ask for any kind of penal notice to be attached to the Court order to prevent further breaches?

It was attached in the very first hearing back in late 2017.

So why hasn't anything happened to her if there's a penal notice?

Because unfortunately that is how family court goes. Chance after chance given with justification as to why fines and unpaid work provision will impact the child. The childs welfare is paramount. So they don't like to order anything that will affect the child.

I've attached 2 photos from justice.gov.uk.

The last breach a and b were ordered (SPIP and variation).

Finally. After 3 years and thousands upon thousands (of his families money that he still owes them) spent - he has the bloody letter!! The new GP has provided the letter exactly as requested. He will now be able to access legal aid as he meets the other criteria too. It is a big relief for him. It won't necessarily help for long as he will work again, but for now it will help this current enforcement case. Thank goodness.