ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 12: Victims of domestic violence and family matters
854.Paragraph 12 refers to civil legal aid for victims of domestic violence in private law family cases arising out of the abusive family relationship. Only services in relation to those private law family matters will be in scope and not services for a claim in tort. For example, financial disputes or disputes about children arising from the breakdown of an abusive relationship will be in scope for victims of domestic violence, but a claim by the victim against the abuser for damages will not.
855.Sub-paragraph (2) applies the general exclusions in Part 2 of the Schedule to the services in scope under this paragraph, except for the exclusion for services provided in relation to trust law. Sub-paragraph (4) provides that the services in scope under this paragraph will include conveyancing, but only where conveyancing will give effect to a court order made in proceedings for which legal aid has been provided under Part 1 of the Bill. This means that, in these limited circumstances, the general exclusion for conveyancing set out in Part 2 of the Schedule does not apply. Sub-paragraph (5) applies the general exclusion in Part 3 of the Schedule.
856.Sub-paragraph (6) applies a specific exclusion which removes from scope under this paragraph services provided in relation to claim in tort in respect of the abuse referred to in sub-paragraph (1).
857.Sub-paragraph (7) defines “family relationship” for the purpose of this paragraph in the same broad way as paragraph 11(4). Sub-paragraph (8) provides that cases arising out of a family relationship include matters arising under a family enactment (“family enactment” for this purpose being any of those listed in sub-paragraph (9)) and gives the Lord Chancellor a power to set out in regulations when matters otherwise arise out of a family relationship. Sub-paragraph (9), in addition to providing the list of family enactments, defines “domestic violence” (covering psychological, physical and emotional abuse) and defines “adult” and “child” as a persons aged 18 or over and under 18 respectively.
858.It is intended that the regulations made under section 11 will be used to ensure that funding under this paragraph is limited to cases where there is appropriately clear evidence of the need for protection. The circumstances that will be accepted as evidence have been described by the Government in Parliament(17).