Post by jman on Oct 31, 2011 14:24:50 GMT 1
Guardian/Observer
"Abused women will suffer from legal aid cuts, charity claimsNational Federation of Women's Institutes and Law Society launch attacks on government cuts
Owen Bowcott, legal affairs correspondent guardian.co.uk, Monday 31 October 2011 00.05 GMT Article history
More women living in abusive relationships will be killed or driven to suicide if the government pushes through cuts to legal aid, a leading national charity has warned.
A report by the National Federation of Women's Institutes (NFWI), entitled Legal Aid is a Lifeline, claims that too narrow a definition of domestic violence will deprive many vulnerable women of the protection they need.
Released on the day the legal aid, sentencing and punishment of offenders bill returns to the Commons for its report stage reading, the study highlights one of the more controversial aspects of the reforms.
Under the government proposals, although the definition of domestic violence which would entitle individuals to legal aid does include psychological abuse, civil liberties and women's groups say it is more restrictive than the support currently available and inconsistent with the definition used elsewhere in the legal system by the Association of Chief Police Officers (Acpo).
"The government must include a comprehensive definition of domestic violence in the bill that adheres to wider government policy, such as the definition used by Acpo," the Women's Institute report states.
"The proposed eligibility criteria for women to access legal aid in family cases fails to reflect women's experiences of domestic violence. Many women do not disclose domestic violence, and certain types of abuse such as psychological and sexual violence are extremely difficult to prove."
The NFWI calls on the government to "put appropriate safeguards in place to ensure that women who have experienced domestic violence are not required to take part in mediation".
In its conclusions, based on interviews with women's groups, the federation maintains: "Without access to legal aid, women will stay in abusive relationships: as a result, more women will be killed by violent partners and there will be an increase in suicides.
"Without access to legal aid, women will be forced to negotiate with the perpetrator, which will compromise their safety. The financial impact of paying for legal advice will deter women from seeking help."
Ruth Bond, chair of the NFWI, said: "These women told us that, if it hadn't been for legal aid, they would have been forced to stay in violent situations, many along with their children.
"Through the proposed reforms, the government not only ignores the voices of victims of domestic violence who tell us access to legal aid is vital for their safety and protection, [it fails] to understand how such changes to the law will penalise women when they are most in need of help."
The coalition's proposals to prune spending will result in legal aid no longer being available in many areas, including cases involving medical negligence, housing, welfare, divorce, child custody, employment and debt. The justice secretary, Kenneth Clarke, has said he wants to get rid of the "compensation culture" that flourished under the Labour government.
In another report published on Monday, the Law Society alleges the government's plans to reduce the legal aid bill by £350m a year are based on "flawed assumptions" and the savings may never be delivered.
The attack on the credibility of the Ministry of Justice's calculations reflects the increasingly embittered state of relations between the department and the body which represents solicitors in England and Wales.
The Law Society's report, Missing Millions, asserts that the government's plans "have so little data or evidence underpinning them that there can be no confidence they will be achieved". Many intended savings will result in other government departments facing increased costs, it alleges......................."
Rest at link below :
www.guardian.co.uk/law/2011/oct/31/abused-women-suffer-legal-aid-cuts
"Abused women will suffer from legal aid cuts, charity claimsNational Federation of Women's Institutes and Law Society launch attacks on government cuts
Owen Bowcott, legal affairs correspondent guardian.co.uk, Monday 31 October 2011 00.05 GMT Article history
More women living in abusive relationships will be killed or driven to suicide if the government pushes through cuts to legal aid, a leading national charity has warned.
A report by the National Federation of Women's Institutes (NFWI), entitled Legal Aid is a Lifeline, claims that too narrow a definition of domestic violence will deprive many vulnerable women of the protection they need.
Released on the day the legal aid, sentencing and punishment of offenders bill returns to the Commons for its report stage reading, the study highlights one of the more controversial aspects of the reforms.
Under the government proposals, although the definition of domestic violence which would entitle individuals to legal aid does include psychological abuse, civil liberties and women's groups say it is more restrictive than the support currently available and inconsistent with the definition used elsewhere in the legal system by the Association of Chief Police Officers (Acpo).
"The government must include a comprehensive definition of domestic violence in the bill that adheres to wider government policy, such as the definition used by Acpo," the Women's Institute report states.
"The proposed eligibility criteria for women to access legal aid in family cases fails to reflect women's experiences of domestic violence. Many women do not disclose domestic violence, and certain types of abuse such as psychological and sexual violence are extremely difficult to prove."
The NFWI calls on the government to "put appropriate safeguards in place to ensure that women who have experienced domestic violence are not required to take part in mediation".
In its conclusions, based on interviews with women's groups, the federation maintains: "Without access to legal aid, women will stay in abusive relationships: as a result, more women will be killed by violent partners and there will be an increase in suicides.
"Without access to legal aid, women will be forced to negotiate with the perpetrator, which will compromise their safety. The financial impact of paying for legal advice will deter women from seeking help."
Ruth Bond, chair of the NFWI, said: "These women told us that, if it hadn't been for legal aid, they would have been forced to stay in violent situations, many along with their children.
"Through the proposed reforms, the government not only ignores the voices of victims of domestic violence who tell us access to legal aid is vital for their safety and protection, [it fails] to understand how such changes to the law will penalise women when they are most in need of help."
The coalition's proposals to prune spending will result in legal aid no longer being available in many areas, including cases involving medical negligence, housing, welfare, divorce, child custody, employment and debt. The justice secretary, Kenneth Clarke, has said he wants to get rid of the "compensation culture" that flourished under the Labour government.
In another report published on Monday, the Law Society alleges the government's plans to reduce the legal aid bill by £350m a year are based on "flawed assumptions" and the savings may never be delivered.
The attack on the credibility of the Ministry of Justice's calculations reflects the increasingly embittered state of relations between the department and the body which represents solicitors in England and Wales.
The Law Society's report, Missing Millions, asserts that the government's plans "have so little data or evidence underpinning them that there can be no confidence they will be achieved". Many intended savings will result in other government departments facing increased costs, it alleges......................."
Rest at link below :
www.guardian.co.uk/law/2011/oct/31/abused-women-suffer-legal-aid-cuts