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Changes to domestic abuse evidence (gateway evidence) for legal aid for private family matters
Since 2012 it has, generally, been a pre-requisite to obtaining legal aid for private family matters that some very specific evidence of domestic abuse perpetrated by the other party has to be provided by the person seeking legal aid. One of those pieces of evidence is a “letter or report from an appropriate health professional”.
The letter or email must be from a health professional naming the client as a victim and confirming that the victim was examined in person and further confirming the injuries or condition were consistent with those of a victim of domestic abuse.
Since the pandemic, most of us will have experienced fewer in person appointments with health professionals. This has in effect been acknowledged and from 1st March 2023, the health professional is permitted to have examined the victim “over the telephone or by video conference” as an alternative to an in-person examination. The other conditions surrounding the evidence from a health professional are to remain.
If you are in an abusive relationship and would like legal advice, please contact
fwebb@biscoes-law.co.uk or 023 92251257.
Franca Webb
Franca is an accredited specialist in complex financial remedies, children law practice and domestic abuse with Resolution.