A KEIGHLEY law firm has helped achieve a landmark High Court ruling which could transform legal aid entitlement for domestic abuse victims.
Makin Dixon supported a client, 'Susie', a domestic abuse survivor, whose bid to obtain legal aid to enforce a child custody arrangement had been refused.
The decision by the Legal Aid Agency was challenged, and subsequently overturned in the High Court.
Makin Dixon says that as a result of the ruling, parents who share caring arrangements for their children are now more likely to qualify for legal aid in all areas of civil law.
When Susie separated from her ex-partner, they initially shared custody of their son equally. But when he breached their agreement, the Legal Aid Agency refused her application for funds because it decided that as her son was not then living with her, he wasn't her dependant.
However, the High Court heard that means-testing rules passed by parliament allowed for a dependant to be treated as part of more than one household.
Also it ruled that, when making its decision, the agency should have taken into account the fact Susie needed legal aid to enforce a previous agreement.
The judgment means the agency must reassess whether Susie qualifies for legal aid and the Ministry of Justice has to update its guidance.
Jane Campbell, a partner at Makin Dixon, says: "We are proud to have supported this challenge and view the ruling as a positive step towards better access to justice for other domestic abuse victims in similar situations.
"Susie was supported by our expert family law team; we believed the denial of her legal aid to be unlawful.
"It is critical that victims, having had the courage to leave an abusive relationship, then have the confidence that legal aid will be available to help them obtain legal protection for themselves and their children, helping them to move forwards with their lives."
Susie said she was "delighted" at the outcome.
"I have lived through such a difficult time over the last few years," she added.
"This ruling should now mean that people do have the possibility of obtaining legal aid if they are put in an impossible situation, as I was, and therefore also the possibility of getting the support they need to fight for justice for themselves and their child."
The Ministry of Justice said it had "noted" the ruling and was considering its steps.
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