Exclusive: Health secretary asked to prevent doctors from charging up to £175 for medical evidence victims must provide to get legal aid Jeremy Hunt has been urged to abandon the “ruthless, callous and unfair” practice of charging victims of domestic violence up to £175 for a medical letter proving they have been abused. “It should not be a privilege for victims of domestic violence to receive legal aid. There should be no further burden on victims to respond to a letter to verify their claim. While access to legal aid generally requires proof of domestic violence, proof is not required for some specific domestic violence-related injunction applications. Anyone applying for legal aid in cases of domestic violence cannot be charged with these letters in general practice if: Due to recent legislative changes, victims of domestic violence must now provide evidence – such as a letter from a GP – to prove the abuse before they can apply for legal aid. Not all GPs charge for the letter, activists say, but some have charged fees of up to £175 to victims who have suffered rape, beatings or psychological abuse at the hands of their partners. Your patient will ask you to meet an evidentiary requirement to confirm that you are satisfied that the injuries or condition (which can include any mental state) presented in the past 24 months are consistent with domestic violence. “This case reflects the inappropriate precautions taken by rape victims trying to get tax credits for children conceived as a result of rape – again, they need a letter from a doctor or other official. These rules need to be fundamentally revised. The British Medical Association has published guidance for GPs recommending that no fee be charged for these letters. However, this is a non-binding recommendation. This provision provides a legal basis. A letter or report from an appropriate health professional confirming that this or another appropriate health professional: If the person is not subsequently charged with the crime, this is not sufficient evidence of legal aid.

You may be eligible for legal aid in a private family dispute (Children`s Arrangement Order, Prohibited Steps Order or Order) if you have been a victim of domestic violence and cannot afford legal fees. If you are a doctor, dentist, midwife, nurse, psychologist, paramedic, radiologist or social worker, you can customize this letter to prove the diagnosis of injuries or conditions consistent with domestic violence. (a) are health professionals who have been asked by a patient to provide a letter in support of an application for legal aid in cases of domestic violence and who mainly or entirely provide services under an NHS GP contract. We will, in general practice, avoid evidentiary charges for access to legal aid for domestic violence claims for vulnerable patients. The Legal Aid Agency has produced sample letters to help you get the evidence you need, and they can be found here. Please consult the updated rules on legal aid in light of the Covid-19 crisis. Legal aid in civil matters is only available for family matters where a person can prove that he or she has been a victim of domestic violence. One way to provide evidence is through the person`s doctor. A letter or report from an organisation providing domestic violence support services in the UK confirming that: A letter from a staff member employed by a local authority or housing association (or equivalent place in Scotland or Northern Ireland) to assist tenants and contains: A letter from a member of an inter-agency conference on risk assessment (or an inter-agency conference on risk assessment) other appropriate local safety forum), in which it is confirmed that A, or a person with whom A has a family relationship, is or has been threatened with domestic violence by B. For persons whose legal aid does not fall within the scope of LASPO, legal aid may continue to be granted through the financing of exceptional cases if certain criteria are met. “Almost half of women do nothing because they can`t apply for legal aid.

It`s scary. Helping victims of domestic violence should never come at a price. This provision also ensures that patients cannot be billed for these letters by a GP practice in its capacity as a company or partnership. If you are NOT eligible for legal aid, we offer competitive (and fixed) fees to represent your interests. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), legal aid is available for private family matters if the applicant is a victim of domestic violence, provided that the applicant passes a legal examination of means and merit and provides evidence of domestic violence or risk of domestic violence (this may include a letter of proof from a general practitioner). If a patient has been assessed by a doctor in the past 24 months and there is clear information in the notes that the patient informed the doctor at that time that they are suffering from domestic violence (physical or psychological), doctors can sign the form letter as is. Section 33 of the Civil Legal Aid (Procedure) Regulations 2012, as amended by the Civil Legal Aid (Procedure) (Amendment) Regulations 2016, sets out the evidence required to apply for legal aid in cases of domestic violence or domestic violence. A full list of updated evidence can be found here. Examples of organizations that could be part of other appropriate local protection forums whose letter would be accepted include: “Victims of domestic violence should not have the privilege of legal aid. There should be no further burden on victims to respond to a letter to verify their claim.

The government must abolish these charges by placing the service under NHS funding or, better yet, by removing the need for the letter altogether. The letter should also contain a description of: • the specific elements on which the staff member relied in support of his or her judgment; • the support they have provided to the person who is a victim of domestic violence or at risk of domestic violence.