Legal aid cuts will put domestic abuse victims at risk, law groups warn

More children and partners likely to be cross-examined in court by alleged assailants, Manifesto for Family Justice claims An increasing number of victims of domestic abuse, including children, will be cross-examined in court by their alleged assailants if the government goes ahead with plans to cut legal aid, a coalition of family and children’s charities has warned. In a manifesto sent to all MPs, the group – which includes the Bar Council, the children’s commissioner, Liberty, Women’s Aid and Gingerbread – calls on ministers to protect vulnerable children and partners in divorce and family proceedings. The legal aid, sentencing and punishment of offenders bill, which will save £350m a year from the legal aid budget, has completed its committee stage in the Commons and will be debated on the floor of the house next week. The justice secretary, Ken Clarke, has said he wants to do away with “compensation culture”. Restrictions are being imposed on access to legal aid in divorce and family proceedings. The Ministry of Justice has said legal aid will be preserved for those who suffer violence and psychological abuse in domestic disputes. Family charities and the legal profession claim the definition remains too narrow and that alleged perpetrators will not be entitled to legal representation, resulting in many conducting personal cross-examinations. This already happens on rare occasions but is likely to become far more widespread under the proposed reforms, according to the Manifesto for Family Justice. Stephen Cobb QC, chairman of the Family Law Bar Association, said: “We will see an increasing number of people going to court on their own without representation. “That is DIY justice, not access to justice. We face the very real prospect that many children and women who have been victims of domestic abuse will have to endure the further trauma of being cross-examined by their alleged perpetrator, who will not be eligible for legal aid. “We are facing a disturbing new landscape in which 600,000 people will no longer receive legal aid, 68,000 children will be affected by the removal of legal aid in family cases, 54,000 fewer people will be represented in the family courts annually and there will be 75% fewer private law cases in court. “When the government consulted on these proposals, virtually no one supported them. The civil legal aid cuts will be bad for children, bad for women and bad for families.” The Bar Council represents barristers in England and Wales. The manifesto states that the “narrow definition of domestic abuse [used in the bill] is more restrictive than that used by the Home Office and the Association of Chief Police Officers and will limit legal aid to victims of certain types of abuse”. Itsuggests that because of problems likely to be created for the courts, the government may not save money and could even be faced with increased costs. Fiona Dwyer from Women’s Aid said: “A lot of people will end up being cross-examined by their ex-partner. We have increasing evidence of that, but it’s going to be much worse in future if men are not going to be able to access legal aid. “Women are going to be pressurised into making informal arrangements which will place them at risk of harm. We would be concerned that more children would be at risk.” Jane Wilson of Resolution, which represents family lawyers, said: “We are really worried that the bill will reduce access to justice for the poorest in society.” Other signatories of the manifesto include the Association of Lawyers for Children, Co-ordinated Action Against Domestic Abuse, and the National Federation of Women’s Institutes. Domestic violence Legal aid Family law UK criminal justice Kenneth Clarke Charities Voluntary sector Owen Bowcott guardian.co.uk

Posted by on October 23, 2011. Filed under News, Politics, World News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.