North Cornwall MP: domestic abuse survivors ‘locked out’ of justice

A domestic abuse survivor from North Cornwall stood up in family court with no lawyer beside her. Her former partner had two, paid for from money she says she cannot touch. Her MP has now taken her case to his own party’s conference, calling the system that allowed it a case of victims being shut out of justice when they need it most.

If you or someone you know is affected by domestic abuse, the National Domestic Abuse Helpline is free, confidential and open 24 hours, on 0808 2000 247.

The case Ben Maguire raised

Ben Maguire, the Liberal Democrat MP for North Cornwall, told delegates about a constituent he called Jane, a name he used throughout to protect her identity. Jane does not qualify for legal aid because of assets she jointly holds with her former partner. Her ex has spent around £80,000 on legal representation drawn from those same shared assets, money Jane says she cannot get to.

Unable to afford a lawyer of her own, Jane represented herself in the family courts against a former partner with a legal team twice the size of hers. She has since moved more than 300 miles from North Cornwall with her daughter to keep them both safe.

A means test stuck in 2009

Maguire raised Jane’s case at the Liberal Democrat Party Conference, where he put forward an amendment calling for urgent reform of the legal aid means test. The test, which decides who qualifies for state-funded legal help, has not been uprated since 2009, even as the cost of living, wages and asset values have all moved on since.

“One of my North Cornwall constituents’ cases is a single shocking example of how the legal aid system can leave domestic abuse survivors completely locked out of the justice system when they need it most,” Ben said. “It cannot be right that someone fleeing serious abuse is forced to represent herself in court while her abuser can spend tens of thousands of pounds on lawyers using assets they jointly own.”

What happens next

Ben’s amendment was passed at conference, and he says the fight now moves to Westminster. “The legal aid means test has not been properly uprated since 2009, while the cost of living, wages and asset values have changed dramatically,” he said. “I raised this at our Party Conference and my amendment was passed, meaning we’ll now be taking the issue to Westminster to fight for ALL survivors who deserve access to justice.”

📷Credit: Liberal Democrats