Commons Sense

House of Commons · Ministers' Questions

Legal Aid Means Test Review: Domestic Abuse Victims

Tuesday 27 June 2023 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 2 Partly answered 0 Not answered 0

Key points

  • The changes to the legal aid means test mean more than 2 million people in England and Wales will be eligible for civil legal aid each year.
  • Disputed assets such as a family home are not taken into account when deciding legal aid eligibility for domestic abuse victims.
  • There has been a 20% reduction in housing legal aid providers, a 21% drop in mental health support, a 27% decrease in welfare support, and a 30% decline in immigration and asylum services.

Topics (select to filter)

Questions & Answers

Q1 Paul Holmes Con Hamble Valley
Justice & Courts Women & Equalities
Context

The MP is concerned about the legal aid means test review and its potential impact on access to legal aid for domestic abuse victims. He references a policy change that ensures more people, including domestic abuse victims receiving universal credit, will be eligible for civil legal aid.

Question

What assessment has been made of the potential impact of the legal aid means test review on access to legal aid for victims of domestic abuse? The changes mean that more than 2 million people in England and Wales will be eligible for civil legal aid each year, and domestic abuse victims receiving universal credit are not means-tested when applying for protective orders.

Answer from Alex Chalk

We aim to ensure that domestic abuse victims secure access to justice and protection under the law. Changes to the legal aid means test mean that more than 2 million people in England and Wales will be eligible for civil legal aid each year, and domestic abuse victims receiving universal credit are not means-tested when applying for protective orders.

Answered
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Q2 Paul Holmes Con Hamble Valley
Justice & Courts Women & Equalities
Context

The MP welcomes a new policy allowing domestic abuse victims who cannot access joint assets to not have those assets counted towards their eligibility for legal aid. He asks if the Lord Chancellor agrees that this will help secure access to justice.

Question

Does the Lord Chancellor agree that changes in the legal aid means test mean that disputed assets such as a family home are not taken into account when deciding whether to grant legal aid, helping victims of domestic abuse?

Answer from Alex Chalk

I fully agree. Disputed assets such as a family home are illiquid and inaccessible when controlled by an abuser, making them non-factors in legal aid eligibility decisions. This change ensures victims can access essential legal support and court protection.

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Q3 Andrew Gwynne Ind Gorton and Denton
Immigration Benefits & Welfare Mental Health
Context

The MP highlights a crisis in access to legal aid, noting reductions in housing, mental health, welfare, immigration, and asylum support over the last 18 months. He references a policy expanding legal aid eligibility.

Question

While extending legal aid eligibility to 2 million more people is positive, there has been a 20% reduction in housing legal aid providers, a 21% drop in mental health support, a 27% decrease in welfare support, and a 30% decline in immigration and asylum services. What is being done about this crisis?

Answer from Alex Chalk

We are expanding access to legal aid for 6 million more people in total. Legal aid lawyers play a crucial role, and we support them without demonising them as was done previously by Labour. Charlie Falconer admitted regretting the demonisation of 'fat cat' lawyers during his tenure.

Not addressed: The crisis in access to legal aid services despite eligibility expansion

How: Discussing Previous Government'S Actions, Praising Legal Aid Lawyers

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