Urgent Call for Legal Aid Reform in Domestic Abuse Cases

The Bar Council has made a significant appeal regarding the treatment of family court cases that involve domestic abuse. In a recently published policy paper, the council, which represents all 18,000 barristers across England and Wales, has urged that legal aid be made available for all parties involved in such cases. Furthermore, they recommend the elimination of means testing for those who are alleged victims or survivors of domestic violence.

At present, only 15% of families qualify for legal aid, a situation exacerbated by the challenges in attracting and retaining experienced family solicitors. This has resulted in many areas of the UK becoming what the Bar Council describes as “legal advice deserts.” The lack of legal representation forces numerous individuals to navigate the family court system as “litigants in person,” a scenario that not only consumes precious time and resources but can also lead to the re-traumatization of victims.

The Bar Council emphasizes the importance of the family courts in addressing violence against women and girls (VAWG). They argue that enhanced investment and reform in the family justice system could significantly assist the government in achieving its ambitious target of reducing such violence by half over the next decade. According to government statistics, over 1.2 million women and more than 550,000 men aged 16 to 59 are projected to have fallen victim to domestic abuse by the end of March 2024.

A report released by the domestic abuse commissioner in October highlights that domestic abuse is a factor in nearly 90% of family court cases. In light of this alarming trend, the Bar Council’s recommendations include:

“Violence against women and girls is not merely a private matter; it has escalated into a public emergency,” stated Barbara Mills KC, chair of the Bar Council and a respected family law barrister. “We know that many women and girls suffer at the hands of men who claim to love them within their own homes. We are only beginning to scratch the surface of potential solutions if we do not integrate family justice considerations alongside criminal justice in our efforts to combat VAWG.”

Barristers have voiced concerns about the conditions within some family courts. Victims and alleged perpetrators often find themselves waiting in the same area, raising significant safety and emotional concerns. Additionally, meetings are sometimes conducted in rooms where discussions can be easily overheard, compromising confidentiality. Furthermore, the lack of basic facilities such as drinking water and handwashing stations has been highlighted as a significant issue, along with concerns regarding inadequate security measures.

The Bar Council's compelling proposal for legal aid reform is a crucial step toward enhancing the family justice system in the UK. By ensuring that all parties involved in domestic abuse cases have access to legal aid, the council aims not only to protect victims but also to foster a long-term solution to the pervasive issue of violence against women and girls. As these discussions continue, it is imperative that the government and society at large recognize the vital role that legal support plays in achieving justice and safety for all individuals affected by domestic abuse.