Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to ensure that family lawyers sufficiently support victims of domestic abuse through the family courts process.

The use of legal representation in family proceedings for victims of domestic abuse is governed by the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 which sets out that legal aid funded representation is available for domestic abuse victims in some private family proceedings, subject to providing the required evidence and meeting the means and merits tests. Whilst the legal profession in England and Wales is independent of government, all lawyers must comply with strict codes of conduct set by their independent regulators, such as the Bar Standards Board, the Solicitors Regulation Authority (SRA) and CILEx Regulation. These codes of conduct make clear that lawyers must act in the best interests of their clients at all times as well as honouring their responsibilities as officers of the court. For example, the SRA specifically provides guidance for legal professionals on expectations in dealing with victims of domestic abuse and vulnerable consumers.

For those victims who do not qualify for legal aid representation, we are providing £800k until 2022, to the Finding Legal Options for Women Survivors (FLOWS) project, run by RCJ advice. FLOWS provide free legal support to victims of domestic abuse who wish to apply for an emergency protective order from the courts. The funding is used to provide a helpline and email service for domestic abuse victims, where they can be referred to a legal aid solicitor to assist them with making their application. Victims can also receive free advice directly from FLOWS legal team if they are ineligible for legal aid.

This Government is committed to ensuring that everyone gets the timely support they need to navigate the justice system and is currently conducting a review of the means test for legal aid. This review is assessing the effectiveness with which the means test protects access to justice, and we are specifically considering the experiences of victims of domestic abuse, including where there has been economic abuse. As part of the review, we have explicitly committed to look at the capital thresholds for victims of domestic abuse, which will include considering how assets are assessed for means testing purposes. We plan to conclude the review in late 2021, at which point we will publish a full consultation paper setting out our future policy proposal.

The Domestic Abuse Act 2021 goes even further to support victims of domestic abuse that are proceeding through Family Courts. This Act prohibits cross-examination of victims by perpetrators. It also provides automatic eligibility for special measures for victims of domestic abuse . This includes the use of video links and screens so as victims do not have to see potential abusers.

As we implement DA Act provisions in the family courts, we will work with all professionals, including family lawyers, to ensure they are ready to support victims to benefit fully from additional measures as soon as they come into force.