wrans/answers2025-09-08 conversation_237
Source: hansard.parliament.uk (2025-09-08)

UK Parliament Hansard data: wrans/answers2025-09-08 conversation_237

Catherine Fookes:To ask the Secretary of State for Justice, what steps her Department is taking to help ensure that low-income (a) victims of domestic abuse, (b) victims of sexual abuse by someone in the home and (c) immediate family members of victims of sexual abuse can access legal aid. \p Alex Davies-Jones: This Government recognises that legal aid – a vital part of the justice system – supports the ability of individuals, who need it most, to have access to publicly funded legal assistance in order to uphold their legal rights.

Legal aid is 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 subject to providing the required evidence of domestic abuse and passing the means and merits tests.

Legal aid is also available for domestic abuse victims for certain urgent protection applications – for example, non-molestation orders and occupation orders. We understand how important it is that anyone who needs a protective order can access legal advice and representation quickly, whatever their means. An eligibility waiver is available for victims of domestic abuse applying for urgent protection, which means they can receive legal aid even if they would not otherwise pass the means test, though they may then have to pay a financial contribution towards their legal costs.

The Government recently made changes to legislation to support victims of domestic abuse and to ensure that legal aid continues to be available to them.

Firstly, as part of a tailored package of measures the Ministry of Justice implemented in November 2024, a civil legal aid equity disregard was implemented for victims of domestic abuse who have temporarily left their home. This means that £100,000 of the value of a domestic abuse victims’ home will not be considered within the legal aid means test. This change recognises that while victims may own property, they are unable to benefit from the home due to the presence of an abuser.

Secondly, in May this year, a Statutory Instrument came into force which made various changes, including to the scope of legal aid for Domestic Abuse Protection Orders and Domestic Abuse Protection Notices to ensure the fuller availability of legal aid for individuals in respect of these orders.

We are also currently conducting a review of domestic abuse evidence requirements - which need to be satisfied in order to access legal aid for private family matters – to ensure that the evidence requirements are not a barrier to access legal aid for victims of domestic abuse.

For cases which do not qualify for legal aid, there are a range of options available to support individuals through the legal process. For example, they are able to seek free, independent advice, from legal support and advice organsiations.

The Ministry of Justice is providing funding to support litigants in person, including domestic abuse victims and victims of sexual abuse, to help them navigate the civil justice system effectively, including preparation for court and support at court. In 2025/26, we are providing over £6 million of funding to 60 organisations to support the delivery of free legal support and information, both in-person and online. This includes some Citizens Advice and Law Centres, Rights of Women and AdviceNow, as well as a few organisations that specifically focus on supporting victims of domestic abuse.

The Department also funds a specialist service FLOWS (Finding Legal Options for Women Survivors), delivered by RCJ Advice, to support victims of domestic abuse to apply for protective orders in the family courts. The service can help all survivors, whether or not they are eligible for legal aid.