Legal Aid Scheme: Domestic Violence
(asked on )
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many victims of domestic violence have been refused legal aid when applying for a non-molestation order in each of the last five years.
Figures for non-molestation orders:
Year | Case Type | Total Applications | Refused |
2013-2014 | Non-Molestation orders | 15,261 | 68 |
2014-2015 | Non-Molestation orders | 14,120 | 130 |
2015-2016 | Non-Molestation orders | 13,460 | 133 |
2016-2017 | Non-Molestation orders | 13,271 | 246 |
2017-2018 | Non-Molestation orders | 13,444 | 314 |
Figures for occupation orders:
Year | Case Type | Total Applications | Refused |
2013-2014 | Occupation orders | 208 | 15 |
2014-2015 | Occupation orders | 215 | 8 |
2015-2016 | Occupation orders | 243 | 12 |
2016-2017 | Occupation orders | 355 | 28 |
2017-2018 | Occupation orders | 310 | 25 |
Victims of domestic violence will never be refused legal aid on financial grounds as there is a dv waiver in place.
Applications will be refused based on consideration of whether the circumstances of the case indicate that the court is unlikely to grant a non-molestation / occupation Order. This includes whether there is an alternative remedy available (warning letter, police involvement) or whether the victim is already sufficiently protected (bail conditions, remanded in custody).