Legal Aid

Part of 2. Questions to the Counsel General and Minister for European Transition (in respect of his European Transition responsibilities) – in the Senedd at 3:13 pm on 7 October 2020.

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Photo of Michelle Brown Michelle Brown Independent 3:13, 7 October 2020

I thank the Counsel General. It's been widely reported that, during COVID-19 lockdowns, we've seen an increase in cases of domestic abuse. Legal aid is still available for divorce cases where there has been domestic abuse, because the UK Government recognises that often, in order to make a safe, clean break from their abuser, a person will need to go to court for a divorce, a financial settlement, or, most importantly, to sort out appropriate arrangements over access to children.

When two-child benefit caps were introduced, Labour made great play of the fact that women with a third child born from rape may have to prove that they were raped or answer very personal questions if they needed to be exempted from the benefit cap. Labour felt the process may stop women from claiming, and, for those who did, the questioning may cause them distress. The same could apply, though, to people who have suffered abuse who need legal aid to get a much-needed divorce. They may feel a misplaced embarrassment about suffering the abuse. They may feel they have to prove it took place. They may not have reported it to the police, and be concerned that raising such allegations may inflame the situation again, something they live in fear of.

Now I appreciate that the issue of legal aid is not devolved, but what is devolved is your Government's ability to help all survivors of domestic abuse, particularly those who feel too afraid to say what's happened to them. For that reason, would you please consider trying to find the budget to fund representation in divorce cases? Means testing any help would be understandable, but please don't make abused people have to flag up their status, because many of them won't, and they and their children will continue to suffer as a consequence.