The Civil Legal Aid (Procedure) Regulations 2012

Supporting documents: domestic violence

33.—(1) An application for civil legal services described in paragraph 12 of Part 1 of Schedule 1 to the Act must include evidence of the domestic violence or the risk of domestic violence.

(2) For the purpose of paragraph (1), the evidence of domestic violence or risk of domestic violence must be provided in one or more of the following forms—

(a)a relevant unspent conviction for a domestic violence offence;

(b)a relevant police caution for a domestic violence offence given within the twenty four month period immediately preceding the date of the application for civil legal services;

(c)evidence of relevant criminal proceedings for a domestic violence offence which have not concluded;

(d)a relevant protective injunction which is in force or which was granted within the twenty four month period immediately preceding the date of the application for civil legal services;

(e)an undertaking given in England and Wales under section 46 or 63E of the Family Law Act 1996(1) (or given in Scotland or Northern Ireland in place of a protective injunction)—

(i)by the individual (“B”) with whom the applicant for civil legal services (“A”) was in a family relationship giving rise to the need for the civil legal services which are the subject of the application; and

(ii)within the twenty four month period immediately preceding the date of the application for civil legal services,

provided that a cross-undertaking was not given by A;

(f)a letter from the person appointed to chair a multi-agency risk assessment conference confirming that—

(i)A was referred to the conference as a high risk victim of domestic violence; and

(ii)the conference has, within the twenty four month period immediately preceding the date of the application for civil legal services, put in place a plan to protect A from a risk of harm by B;

(g)a copy of a finding of fact, made in proceedings in the United Kingdom within the twenty four month period immediately preceding the date of the application for civil legal services, that there has been domestic violence by B giving rise to a risk of harm to A;

(h)a letter or report from a health professional confirming that the professional—

(i)has examined A within the twenty four month period immediately preceding the date of the application for civil legal services;

(ii)was satisfied following that examination that A had injuries or a condition consistent with those of a victim of domestic violence; and

(iii)has no reason to believe that A’s injures or condition were not caused by domestic violence;

(i)a letter from a social services department in England or Wales (or its equivalent in Scotland or Northern Ireland) confirming that, within the twenty four month period immediately preceding the date of the application, A was assessed as being, or at risk of being, a victim of domestic violence by B (or a copy of that assessment);

(j)a letter or report from a domestic violence support organisation in the United Kingdom confirming—

(i)that A was, within the twenty four month period immediately preceding the date of the application for civil legal services, admitted for a period of twenty four hours or more to a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic violence;

(ii)the dates on which A was admitted to and, where relevant, left the refuge; and

(iii)that A was admitted to the refuge because of allegations by A of domestic violence.

(3) For the purpose of this regulation—

“A” and “B” have the meaning given in paragraph (2)(e)(i);

“domestic violence offence” has the meaning given in the document published by the Lord Chancellor for that purpose under section 2 of the Act;

“health professional” means a registered—

“protective injunction” means—

(4) “Relevant” means that the evidence identifies—

(a)A as being, or at risk of being, the victim of domestic violence unless the evidence—

(i)is in a form described in paragraph (2)(a) to (c), and

(ii)relates to a domestic violence offence which does not identify the victim; and

(b)B as being—

(i)for evidence described in paragraph (2)(a) to (c) convicted of, cautioned with or charged with the domestic violence offence; and

(ii)for evidence described in paragraph (2)(d), the respondent to the protective injunction.