Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to increase availability of legal aid to people who are victims of violence against women and girls, particularly in relation to people who wish to pursue judicial review.

This Government was elected with a landmark mission to halve violence against women and girls (VAWG) in the next decade. As part of delivering this mission, we are committed to ensuring that victims of VAWG can access justice, including through the legal aid system.

Civil legal aid remains available for eligible judicial review proceedings, subject to the statutory eligibility criteria being met. Legal aid is also available for private family matters such as child arrangements, financial remedy proceedings and divorce if an individual is a victim of domestic abuse or at risk of being abused. Funding is also subject to providing the required evidence of domestic abuse and passing the means and merits tests.

We have amended legislation to ensure that legal aid continues to be available for victims of domestic abuse. This includes making legal aid available for eligible domestic abuse victims whose immigration status depended on an abusive partner enabling them to apply to regularise their immigration status, as well as providing availability for Domestic Abuse Protection Notices and Domestic Abuse Protection Orders. The changes also permit the use of overseas medical evidence for legal aid applications, and we have updated legislation and guidance to reflect the changes in terminology and definitions. The Government is also reviewing domestic abuse evidence requirements to ensure they do not create barriers to accessing legal aid.

The civil legal aid equity disregard is available to all individuals, including victims of domestic abuse, applying for legal aid. This means that £100,000 of the value of a person’s interest in their main residence will not be considered [when assessing capital] within the legal aid means test.

This Government has extended the equity disregard so it can also apply to victims of domestic abuse who have temporarily left their home, though it is still in essence their main residence in which they have an interest. This change recognises that while victims may own property, they may be unable to benefit from the home due to the presence of an abuser. The equity disregard also applies to means testing for legal aid in relation to judicial review.