Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to increase domestic violence victims’ access to legal aid in response to increasing levels of domestic violence during the covid-19 outbreak.

Domestic abuse is an abhorrent crime and we are determined to protect and support the victims of abuse and their children and bring perpetrators to justice.

The legal aid scheme is designed to target funding at those that need it most, and this government has always been clear that publicly-funded legal advice is available to victims of domestic abuse in family proceedings, subject to certain criteria being met.

Legal aid is and remains available for the purpose of obtaining urgent protection, such as non-molestation orders, without any evidence requirements and the Legal Aid Agency (LAA) has the power to waive all upper financial eligibility limits. Victims of domestic abuse are also eligible for legal aid when applying for indefinite leave to remain or for residence cards, subject to the statutory means and merits tests.

We recently widened the evidence requirements for domestic abuse victims, making it easier for victims to obtain and provide the evidence they need to access legal aid.

We are currently conducting a review of the means test, where we are specifically considering the experiences of victims of domestic abuse. The review is scheduled to conclude in Spring 2021, at which point we will publish a full consultation paper.

We have also committed an extra £76 million to support the most vulnerable during the pandemic, including survivors of domestic abuse and sexual violence. We’re also providing £3 million that will go to specialist services for children who have both been directly and indirectly affected by domestic abuse.