It would seem that the furore around the passage of the Health Bill through the House of Lords has prompted the Government to be more pro-active and concessionary in relation to the proposed Legal Aid changes which go back before the Lords next week. Today the Ministry of Justice has announced that two amendments to the Bill have been tabled - one being to adopt the ACPO definition of domestic violence - this is theory should ensure that legal aid will be available for people to cover any family proceedings relating to injunctions, children and finances that may include emotional, psychological and financial abuse as well as the more obvious phsycial as well.
I say in theory though - as whilst the proposed change is a step in the right direction it will make little practical difference until the gateways (the trigger for a person to be eligible for legal aid) are susbtantially widened and less onerous in their evidential requirement(s). The very fact that someone is/has suffered from domestic violence makes it less likely for example that they may have reported the matter to the police. Often the applications that the court has to deal with are on an emergency basis - this will be very difficult if the gateways remain as they are drafted. One way in which funding can be obtained is if the intended recipient can show that they have obtained a finding of fact from a court against the alleged perpetrator. This of course is a question of chicken and egg - as if they require legal aid due to their vulnerable position how on earth are they have meant to have already paid for or represented themselves at a hearing to obtain findings of abuse against the perpetrator.
One can only hope (big doubtful sigh!) that further reflection on the proposals will occur in the coming weeks.
