Legal firm warns of impact of imposing “conditions” on domestic violence support

16th May 2011

Bradford law firm Williscroft & Co has issued a stark warning that many vulnerable parent in Leeds / Bradford will be left without legal help under the Government plans to cut legal aid.

The Government says it faces ”tough choices” in its proposals to slash the legal aid bill by £350m a year by 2015. The proposition, which aims to reduce the number of people using the courts by trimming the type of cases it funds through publicly-funded legal aid, could affect over half a million people across the UK.

Legal aid is currently accessed by society’s most vulnerable individuals and families– those who need legal representation but may not have the funds or the capability to access support.

Where there are serious problems between parents, legal help will not be available save for in very limited circumstances. This includes where the person seeking help or a child is at risk of, or has suffered from abuse. It is unclear from the Government’s plans how they intend assess whether someone is at risk of, or has suffered abuse. “We are concerned that legal aid may still only be available if there is evidence of abuse, which in the most serious cases is unlikely to exist. This means that domestic abuse victims may be exposed to gaps in the new system thereby putting them and their children at further risk” explains Williscroft & Co partner Lucy Cohen.

 Legal Aid will continue to be available for those domestic abuse victims to apply for an injunction however, many women who are being seriously abused just run away from their partner, often to a refuge. They do not want to take court action, they want to hide. It is unclear from the new proposals whether these women will be able to get legal help when they are ready to deal with the practical issues like finance, belongings or their partner’s rights to access the children,” explains Williscroft & Co partner Lucy Cohen.

 The proposed cuts will mean that many parents who go through an acrimonious separation will not be able to get legal advice. Many of these cases are not suitable for mediation because of the level of conflict between the parties.

 “The main victims of the Government’s proposed cuts will undoubtedly be children of separated parents, there will be numerous cases where children will not be able to retain a relationship with both parents, and there is a risk of  unfair financial arrangments affecting the welfare of the child” states Lucy.

Around 75% of Williscroft & Co’s client base is legal aid funded and the all-female partner team tackles every social taboo from domestic violence and child abuse to forced marriage.  With legal aid scheduled to be available for domestic violence victims only under certain circumstances, Lucy fears the most “at risk” in the region will rapidly become the Government’s biggest victims.

“If legal aid is taken away from people in desperate situations – or given only under certain conditions , then parents will make unilateral decisions about the upbringing of their children and to resolve financial issues, at a time when they are emotional and under stress and less likely to make informed decisions in the best interest of their children. Legal advice is vital to ensure that children’s interests are protected in these situations,” she continued “.

“If these proposals are implemented we also expect that a number of women will apply for Non Molestation Orders in circumstances where they would not have done previously. This will increase costs in the court system which is exactly what the Government is looking to avoid.”

We are campaigning hard alongside thousands of other legal professionals to highlight to the Government all of the issues and the huge consequences of cutting access to legal aid.

“It is perverse and inexplicable that a Government so keen to promote the empowerment of communities through its “big society” is making no provision whatsoever for filling the gaps it is creating in access to justice for vulnerable people who really need empowerment and protection to get their lives – and the lives of their children – back.”

An announcement on the Government’s reform on legal aid green paper is due later this month (May).