Legal Aid Scheme: Domestic Violence

Ministry of Justice written question – answered on 19th October 2018.

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Photo of Richard Burgon Richard Burgon Shadow Lord Chancellor and Shadow Secretary of State for Justice

To ask the Secretary of State for Justice, how many victims of domestic violence have been refused legal aid when applying for a non-molestation order in each of the last five years.

Photo of Richard Burgon Richard Burgon Shadow Lord Chancellor and Shadow Secretary of State for Justice

To ask the Secretary of State for Justice, how many victims of domestic violence have been refused legal aid when applying for an occupation order in each of the last five years.

Photo of Edward Argar Edward Argar The Parliamentary Under-Secretary of State for Justice

Figures for non-molestation orders:

Year

Case Type

Total Applications

Refused

2013-2014

Non-Molestation orders

15,261

68

2014-2015

Non-Molestation orders

14,120

130

2015-2016

Non-Molestation orders

13,460

133

2016-2017

Non-Molestation orders

13,271

246

2017-2018

Non-Molestation orders

13,444

314

Figures for occupation orders:

Year

Case Type

Total Applications

Refused

2013-2014

Occupation orders

208

15

2014-2015

Occupation orders

215

8

2015-2016

Occupation orders

243

12

2016-2017

Occupation orders

355

28

2017-2018

Occupation orders

310

25

Victims of domestic violence will never be refused legal aid on financial grounds as there is a dv waiver in place.

Applications will be refused based on consideration of whether the circumstances of the case indicate that the court is unlikely to grant a non-molestation / occupation Order. This includes whether there is an alternative remedy available (warning letter, police involvement) or whether the victim is already sufficiently protected (bail conditions, remanded in custody).

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