Plea for automatic civil legal aid for abuse victims

Criminal legal aid is already available to complainers in some circumstances, but those pursuing civil cases such as over children are not entitled to legal aid without means testing.

In its submission to the Scottish Parliament’s Social Justice Committee, the Law Society of Scotland stated: “Domestic abuse cases have unique complexities which should be considered in terms issues of financial control of the victim by their abuser and their ability to gather the required evidence.

“It may be difficult for victims to contribute to fees when asked to, or they may appear to be in a stronger financial position than they are in reality.”

It added: “Consideration could be given to extending automatic legal aid to civil cases relating to domestic abuse, as well as considering the process of means testing to account for those under financial control by their abuser.

“Thought should be given to the need for contribution towards legal aid fees in domestic abuse cases and whether this deters victims from seeking legal protection.”

The Scottish Women’s Aid Survivor Reference Group reported to the committee that one woman used all her savings on legal fees and that others have faced years of saving for legal fees before they could leave relationships.

Police Scotland recorded 61,934 incidents of domestic abuse in 2022-23. More than 80 per cent of victims were female.

A Scottish government spokesperson said: “We are determined to support women get the right access they need.

“We have provided funding for a pilot project in Edinburgh that provides an early intervention service offering legal advice to women and children impacted by domestic abuse. Between September 2023 – August 2024, 230 women have been referred.

“In addition to the current judicial system, we have provided annual grant funding of £230,000 for the last eight years to the Scottish Women’s Rights Centre.”