What just happened?
The Law Society has again called for non-means tested legal aid to be made available to domestic abuse victims after government data revealed unprecedented high numbers of family court applications. Data from the Ministry of Justice last week showed an increase in the number of domestic violence remedy order applications between July and September this year.
During this period, 9,944 applications were made for a remedy order – up 26% on the same period last year and the highest since statistical reports began. Non-molestation orders accounted for 82% of applications – a 27% rise on last year. Occupation orders have risen by 22%. The courts made 10,505 domestic violence orders during this time, up 18% from last year.(1) Much of this has been attributed towards lockdown. Family courts can grant non-molestation and occupation orders to prevent domestic violence.
What does this mean?
The report says: ‘The lockdown situation as a result of the covid-19 pandemic meant victims having less opportunity to leave abusive partners. Longer term, police forces have been using a power to release alleged perpetrators without bail conditions, referred to as ‘released under investigation’, since 2017. This is a possible driving factor behind the rise in domestic violence remedy cases, as victims seek protective orders through the courts.
Law Society president David Greene said ‘The Covid-19 lockdown is, without doubt, a dangerous time for domestic abuse victims and now, more than ever, we must ensure they are able to access help and support. Making non-means tested legal aid available for domestic abuse cases would give victims the legal support and access to justice they so desperately need’.(1)
How does this affect the legal sector?
An earlier study on the ‘2013 Divorce reform bill’, showed that allegations of domestic violence rocketed from 2012 to 2014 as a result of government changes to the legal aid system when taxpayer funding for divorce cases was completely scrapped.(2) The number of claims of assault in the home nearly doubled in some areas of the UK and as high as 92% in the Midlands.(2)
Campaigners such as ‘Fathers 4 Justice’ believed the reform encouraged separating couples to make false or exaggerated claims of violence against a partner in order to avoid paying for the cost of a divorce, prompting miscarriages of justice that lead to parents being unfairly estranged from their children.
According to figures, the number of non-molestation orders issued by the courts to protect people from harassment, intimidation or violence increased by 21 per cent, from 4,925 to 6,101, between 2012 and 2014 in England and Wales. (2)
The report also indicated that most of these fraudulent claims of domestic abuse and violence involved vulnerable people. About half of the cases involved people aged 21 or under and some involved people with mental health issues. In some of these cases the person alleged to have made the false report had undoubtedly been the victim of some other kind of offense if not the one that they had reported. (3)
It is hoped that by making access to legal aid easier for survivors of domestic abuse and violence the number and frequency of frivolous and opportunistic claims will reduce in the long run, something of a win-win situation for the justice system and campaigners such as ‘Fathers 4 Justice’ and others.
Written by Jessie Mahal
References:
1.) Fouzder, M., 2020. Record Number Of Court Applications To Prevent Domestic Violence. [online] Law Gazette. Available at: <https://www.lawgazette.co.uk/news/record-number-of-court-applications-to-prevent-domestic-violence/5106837.article> [Accessed 21 December 2020].
2.) Owen, G., 2020. Huge Rise In Domestic Violence Claims After Legal Aid Clampdown. [online] Mail Online. Available at: <https://www.dailymail.co.uk/news/article-3435462/Huge-rise-domestic-violence-claims-legal-aid-clampdown-Figures-reveal-assault-allegations-doubled-ministers-axed-funding-divorce-cases.html> [Accessed 21 December 2020].
3.) Ons.gov.uk. 2020. Domestic Abuse: Findings From The Crime Survey For England And Wales - Office For National Statistics. [online] Available at: <https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/domesticabusefindingsfromthecrimesurveyforenglandandwales/yearendingmarch2018> [Accessed 21 December 2020].
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.