Ministry of Justice rules curbing access to legal aid for domestic violence victims have been ruled unlawful by the Court of Appeal.
According to a change in law made three years ago, victims must produce evidence of abuse from within a two-year limit before any claim for state-supported legal assistance is made. Victims of financial abuse are also prevented from from accessing legal aid.
Campaigners argue that the change meant those who had endured traumatic treatment were being forced to “face their abuser” in court without adequate representation, and three appeal judges today ruled the restrictions were unlawful and ordered the government to amend the rules.
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In the judgment, Lord Justice Longmore hailed legal aid as “one of the hallmarks of a civilised society”.
Campaign group Rights of Women welcomed the court’s agreement that “fear of a perpetrator does not disappear after two years”.
Labour hailed the judgement as a "great result", arguing the public would be "horrified to know that thousands of sufferers of domestic abuse could have been denied access to justice".
Shadow Minister for Legal Aid Lord Bach added: "Tory ministers must now urgently rectify the situation, bring forward their review of their disastrous reforms to legal aid and address the concerns facing thousands of the most vulnerable people in society.”
A Ministry of Justice spokesperson said the department would “carefully consider” the findings.
"We are determined to ensure victims of domestic violence can get legal aid whenever they need it,” the spokesperson added.
"We have made it easier for victims of domestic violence to obtain legal aid, by ensuring a broader range of evidence qualifies. This has contributed to a 19% rise in the number of grants awarded."
Over the last parliament, annual spending on legal aid was reduced from £2.4bn to £1.6bn - which remains almost a quarter of the MoJ budget.
An MoJ source told CSW's sister site, PoliticsHome: “We know how challenging it is for victims of legal aid to take their case to court.
“That is why we have made sure most victims only have to present evidence of domestic abuse once in the lifetime of their case.”
Justice secretary Michael Gove announced last month a second cut to legal aid – planned for this April by his predecessor Chris Grayling – would not go ahead.
The Bar Council, the umbrella organisation reprenting barristers in England and Wales, welcomed the ruling. But the organisation warned that "severe cuts" had still led to a "drastic fall in the number of people able to access to legal help in family cases".