Children and Social Work Bill [HL] — House of Lords, 2016-11-08
Topic: Law and Crime
Michael Goodall Watson (Labour, Centre-left): My Lords, my noble friend Lady Thornton clearly outlined the issues involved in this amendment. Domestic violence victims suffer enough. GPs should not be able to charge them to access justice because in many cases that will, in effect, deny them justice. The fee that can be charged for a letter is, as my noble friend said, discretionary—but where GPs charge it can range anywhere from £20 to £180. All too often, that would be impossible for the victim to pay. We have no knowledge of how many GPs charge because the Government do not hold that information. There is a clear need to collect it because this is a loophole in the legal aid regulations that needs to be closed Calls for change are not restricted to domestic violence support groups. Many MPs and Peers also support the need for change, as do both the medical and legal professions. The British Medical Association was dismayed not to be consulted prior to the regulations being introduced and made it clear that it would have opposed the inclusion of medical evidence, if only on the basis that such requests can compromise the doctor’s relationship with their patient As my noble friend Lady Thornton said, the Law Society agrees that these changes should be scrapped. Indeed, its former president said: "Without legal aid, women are unable to access family law remedies, which are vital in order to help them escape from violent relationships and protect their children. They are being forced to face their perpetrators in court without legal representation" The Government should listen to the medical and legal experts. Above all, they should listen to women who suffer at the hands of the men who perpetrate this appalling abuse In a debate in another place on 15 September the Parliamentary Under-Secretary of State for Justice, Dr Phillip Lee, said: "Where arrangements have been found wanting, we have taken action. For example, when the Court of Appeal ruled earlier this year that elements of the evidence requirements for making legal aid available to victims of domestic abuse in private family cases were invalid, we changed the regulations as an interim measure ".—[Official Report, Commons, 15/9/16; col. 1117.] I ask the Minister now: if an interim change can be made in one instance, why not in this one The Government acknowledge that there are issues with the current system because they consulted specifically on evidence requirements for accessing legal aid in private family cases; that consultation closed in July. If this is an unintended consequence of poorly drafted legislation, it needs to be changed. I look to the Minister to show what I hope will be leadership on this issue and say that he will take this forward and discuss with ministerial colleagues how to bring about the required change, rather than say simply that the Government will report in due course with potential changes. Victims of domestic violence are losing out now, so change is urgent. It is a question first and foremost of supporting women who suffer domestic violence; it is also a question of natural justice.