Ben Maguire

I completely agree; I have actually had some similar casework. I will come back to that point. In a deeply troubling case brought to me by a wonderful Cornish advice clinic, a female client, who I will call Louise for this debate, was refused legal aid on the basis that she supposedly had too much disposable income and assets, despite the reality that, at the time, she was sofa surfing, effectively homeless and earning only minimum wage. Although she may have passed the merits test, she failed the means test, because she was not paying rent and was not on benefits, so the system deemed her ineligible for legal support. After Louise fled her partner, who had reportedly abused her, both parties applied for residential custody of their child. Although the Children and Family Court Advisory and Support Service recommended that the child live with their mother, the judge awarded custody to the ex-partner, arguing that the mother had not followed the correct legal route when she fled from home. She is now permitted to see her child only by travelling hundreds of miles back to the area from which she fled, and the ex-partner refuses phone contact altogether. She is terrified of returning to a family court and knows from experience how one-sided the system can be, especially as her ex-partner has the money and the legal representation, while she would be forced to represent herself. How many women consider the reality that Louise currently faces and, as a result, end up staying with their abuser? The legal aid Minister assured me that an eligibility waiver is available for victims of domestic abuse who are applying for urgent protections, such as non-molestation orders, yet a survey commissioned by the charity Surviving Economic Abuse found that more survivors had to represent themselves in legal proceedings than were able to access legal aid. The Ministry of Justice’s own harm report found: “The most important and frequently mentioned form of structural disadvantage was lack of access to legal representation.” Most cases I have reviewed end with a victim—whose abuse has not yet reached so-called dangerous levels—applying for a child protection order, anti-stalking order or non-molestation order, which means they do not qualify to skip the legal aid means test. On the contrary, victims will be assessed on their income through a test that has not been uprated with inflation since 2009. An applicant is not eligible for legal aid if their monthly disposable income exceeds £733. That threshold is clearly blind to reality. So far, the Government have chosen to ignore rising food and energy costs, as well as the huge debts that can be caused by an abuser. Even if someone has £750 left at the end of the month including those costs, which is farcical, the fact that solicitors can cost anything from £120 an hour to £400 or £500 an hour speaks volumes about the poorly executed calculations that are applied to the legal aid means test threshold.