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 an occupation 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).