Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Vera Baird QC

GET UPDATES FROM Vera Baird QC
 

Domestic Violence, Legal aid and the Tory Assault on Women

Posted: 20/09/2011 01:00

If the Coalition wants to win back women voters, they must ditch the disastrous domestic violence provisions in their Legal Aid Bill.

Put simply the way the changes are currently framed will mean most victims of violence will be denied legal aid and forced to represent themselves against their abuser in the family courts.

So what are these new rules?

To get legal aid a domestic violence sufferer must have obtained one of four kinds of civil injunctions or a criminal conviction against the perpetrator. Alternatively, she will qualify if she is being safeguarded by a multi-agency risk assessment conference (a MARAC) or there must has been the establishment of domestic violence as fact in the family courts. MARACs are used for a few exceptionally serious cases. Findings of fact will be a diminishing category since it is for family courts that legal aid will now routinely be refused.

As most people now know, domestic violence is grossly under-reported. Most sufferers are too afraid to complain. Few obtain one of the four kinds of civil injunction required by the proposed legal aid rules and few undertake let alone sustain criminal proceedings.

It is those who are most afraid who will be denied legal aid to seek help in the family courts.

Even a victim who has made a report will have difficulty under the new law. Although Justice Minister Jonathan Djanogly says his rules will test the merits of a case, they are, in truth, an arbitrary exclusion from eligibility. An overwhelming allegation of domestic violence, supported by impeccable witness evidence, will not, under this law, qualify for legal aid.

The victim may go to her doctor repeatedly battered and bruised. A & E may be used to seeing her with boot-marks on her face.

Djanogly is : "Not persuaded that the medical professionals would be best placed to assess whether domestic violence has occurred. Although they may witness injuries, it may be difficult for them to determine how they occurred "

What if they are certain that her injuries come from domestic violence? She still wouldn't get legal aid .

Nor is there any point in evidence from a neighbour, who may have heard blows, sheltered her or even run in and rescued her from violence. That police who may have attended, saw him punch her, saw her injured and arrested him, all that is insufficient.

"A police investigation could be inconclusive or the police might determine that domestic violence has not in fact taken place" he said in committee. But if they are certain it did take place it doesn't help.

He may be charged and attend a perpetrator programme to avoid court. And under these rules the charge-sheet and his attendance on the programme will cut no ice.

If she asks for an injunction, judges often tell a perpetrator that he can save the costs of a hearing by undertaking not to hurt her in future. The Court registers the undertaking; it is contempt of court if he breaks it. But it will not help her to get legal aid.

Should she get admission to a refuge, though the staff will be experienced in assessing complaints, it will not get her legal aid.

"To include admission to a refuge in the criteria would be to rely on self-reporting." says Djanogly

Thus a victim may have eye witnesses, police and medical evidence, records from refuges and perpetrator programmes, undertakings not to assault and photographs of injuries but she will not get legal aid.

Police, CPS and the courts determine whether a criminal case proceeds. All she can do to be eligible for legal aid is to apply for a civil injunction. How would a victim proceed if she was courageous enough to do that?

She would use legal aid. By crazy circularity, Djanogly's law is that a person who cannot get legal aid for family proceedings by self-reporting, can get legal aid for an injunction by self-reporting. Her word is quite good enough to bring proceedings that first time round and once she has the order she will qualify for legal aid a second time, for the family court.

It is hardly a saving on the departmental budget to require people to go to court to prove that their complaint is good enough to be funded to go to court again.

These provisions are shameful and silly. Legal aid must be given where there is evidence of domestic violence. This exclusionary law breaks Kenneth Clarke's earlier promise to the contrary. It is the latest sexist mixup from the all-male MoJ, following the debacle of Clarke saying that real rape is a man jumping out of a bush and Crispin Blunt advocating anonymity for rape defendants. This is Djanogly's Law: Criteria for family legal aid must be not to give support to abused women but, as he said last week :

"designed...to minimise the risk of false allegations" of domestic violence.

Truly a decimation of the rights of women.

 
 
 
  • Comments
  • 3
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Recency  | 
Popularity
03:10 PM on 09/23/2011
Most decent people would hold with the notion of protecting the victim of a crime ... but not you. As a result of media reporting false allegations of rape or domestic violence way out of all proportion to their actual Home Office reported occurence - 3% of all reported rape allegations are thought to be false, which is less than for burglary, car theft etc - you paint a picture where every word that holds men to account for their violence in the home is a lie, and that indeed it is women that are just as violent as men. My case might prove an enlightenment to you then, my partner hit me if I called him out for lying and he then claimed I'd hit him when the police were called by a neighbour during one of his attacks. The policeman tried to take his side as per your attitude, but I pointed out that my violence was in self defence, his was an attack to control me. All the physical evidence backed up my recall of events, his were a pack of lies which the physical evidence disproved. He was arrested. \of you dismiss everything a woman says as a lie, then you leave no witnesses, which is the state of affairs I suspect you're working towards.
09:14 PM on 09/21/2011
This falcon Baird is an extreme feminist, this woman fails to mention violence against men by women, she is opposed to shared parenting, opposed to the nuclear family and promoting entirely false ideas about domestic violence and child abuse. But she supports Women’s Aid who threw out their founder, Erin Pizzey, killed her dog, made death threats and forced her to flee abroad. She supports their infamous report into the dangers of paternal contact (29 Child Homicides) was blown out of the water by Lord Justice Wall but is still available on their website and is still quoted as if it were gospel.

Women's Aid do indeed coach mothers to make false allegations and often provide them with accommodation in order to make the allegations more convincing. They also present unsolicited reports to the family court masquerading as expert witness reports; sometimes the courts accept these. There was a case recently - which of course I can't find - in which the court found the WA presentation of a father to be entirely without credibility. In another notable case this year (Yemshaw) WA sought successfully to extend the definition of domestic violence by presenting more of their anti-male propaganda to a court dominated by the feminist Brenda Hale, friend of course to Vera Baird.
photo
HUFFPOST SUPER USER
Lawyer13
retired Lawyer, General and Psychiatric Nurse, wit
02:16 AM on 09/20/2011
Domestic violence has been with us for hundreds of years, some progress has been made in the last 20 years, but much mor is required.