Legal aid cuts will hurt abused women

Summary of story from the Guardian, October 31, 2011

An increased number of women suffering from domestic violence will be killed or driven to suicide if the government sticks with its proposed cuts to legal aid, a report from a UK charity has claimed.

The report by the National Federation of Women’s Institutes (NFWI), entitled Legal Aid is a Lifeline, says that too narrow a definition of domestic violence will deprive many vulnerable women of the protection they need.

Under these proposals, the definition of domestic violence which would entitle someone to legal aid does include psychological abuse, but charities and civil liberties groups claim that it is more restrictive than the support available now.

They also say that the definition is inconsistent with the one used elsewhere in the legal system by the Association of Chief Police Officers (Acpo).

The Women’s Institute report says that:

“The proposed eligibility criteria for women to access legal aid in family cases fails to reflect women’s experiences of domestic violence. Many women do not disclose domestic violence, and certain types of abuse such as psychological and sexual violence are extremely difficult to prove.”

It also calls on the government to make sure that women who have experienced domestic violence are not required to take part in mediation.

There is a danger that, without access to legal aid, many women will be forced to negotiate with the perpetrators and stay in abusive relationships, many with children. The report warns that this will compromise their safety and lead to more killings and suicides.

In another report published on Monday, the Law Society alleges the government’s plans to reduce the legal aid bill by £350m a year are based on “flawed assumptions” and the savings may never be delivered.

Cuts in legal aid will also hit law centres which depend upon legal aid contracts for much of their income, according to Labour peer, Lord Bach.

He added:

“This cut is a deliberately calculated decision by the government to remove legal aid from those who need it most and make it more difficult, if not impossible, to get access to justice for the poor and disadvantaged.”

The government has announced it will provide £20m of support to help law centres but has not yet specified how the money will be distributed.