Thousands of victims of domestic abuse are being forced to remain with their abusers because they cannot afford legal representation, a charity boss has warned. 

Luis Labaton, chief executive of Domestic Violence Assist (DV Assist), said it is “grossly and patently” unfair that thousands of victims are denied legal aid every year.

As a result, on an “almost daily” basis victims are left with no protection because they cannot afford legal fees or do not feel confident to represent themselves.

Only 40% of victims referred to DV Assist qualify for full legal aid when applying to the courts for orders to protect themselves and their families.

Mr Labaton said many of the remaining 60% are struggling financially and cannot afford a private solicitor.

He said: “Most don’t feel confident or comfortable in applying for an order themselves and representing themselves in court. Only a tiny number of people choose this route.

“The rest – amounting to thousands of people each year – end up having no protection and having to remain with their abuser. This is happening almost daily.

‘It’s highly disturbing’: Courts ‘scandal’ robbing domestic abuse victims of their children – sometimes to their abusers

Government asks Sally Challen’s defence lawyer to review domestic homicide laws

Government to announce plans to tackle violence against women and girls including 24/7 rape and assault helpline

“They are left extremely distressed. It’s a horrendous situation. They are being badly let down by the legal aid system.”

According to the Ministry of Justice (MoJ), applicants are eligible for civil legal aid if their monthly disposable income – money left over after basic living expenses – does not exceed £733 and their disposable capital does not exceed £8,000.

However, Mr Labaton said the threshold for disposable income does not take into account existing debt, utility bills or food costs.

Please use Chrome browser for a more accessible video player

He added: “The bar is set very, very low for disposable income and needs to be raised. Too many people on low incomes are simply not able to access public funds.”

A Ministry of Justice spokesman said: “While more than 95% of applications for legal aid in domestic abuse cases are successful, we are reviewing the means test to see how we can best support victims.”

DV Assist, which is the only registered charity specialising exclusively in arranging civil protection orders for domestic abuse victims, has seen a 50% rise in demand in the past year.

Mr Labaton said perpetrators are finding new ways to abuse their victims – such as using smart technology to turn the heating and hot water off remotely.

Follow the Daily podcast on Apple Podcasts, Google Podcasts, Spotify, Spreaker.

The charity receives around 3,000 referrals a month, up from 2,000 per month in 2020. These come from a range of agencies, including police, social services, housing associations and charities.

There has been a 68% rise in the number of orders it has helped secure, from 12,500 in 2020 to 21,000 up to the end of September.

The number of orders protecting male victims has risen from around 100 in 2020 to around 600 so far in 2021.

Related posts:

Sainsbury’s says sorry for Cornish cream tea scone ‘blasphemy’ Premier Inn owner reports £1bn loss – but hopes to see ‘staycation’ boom COVID vaccine programme opens to all adults in Northern Ireland Despite the bad news, there are some very promising signs in the latest COVID data UK records 38,046 new COVID cases and 100 more deaths More than 8,000 cash points switched off as hundreds of bank branches close MP threatened to send naked pictures of woman to her family, court told NHS boss alerts parents to fake vaccine consent letters Scarlets CEO ‘can’t guarantee’ getting rugby team staff back from South Africa before COVID red list deadline Man gets job after standing in Tube station with CVs and sign – and bagging an interview within three hours England reports record number of daily COVID cases Family tribute to ‘brightest star’, 14, killed in New Year’s Eve collision with suspected drug-driver