As of Friday 3rd March 2023, domestic abuse applicants no longer need to see their GP in person to obtain supporting evidence for their Legal Aid application – a telephone or video consultation will suffice.
As a law firm who specialise in domestic abuse, we are all too familiar with the dreaded evidence requirements we are required to impose upon our most vulnerable clients before we submit their legal aid application.
The requirement for a victim of domestic abuse to have a face-to-face appointment with a GP was challenging for a number of reasons:
It suggested that domestic abuse is something physical – something which can be seen. However, emotional abuse (to include coercive control), may be the most common and pervasive type of abuse; just as damaging and as serious as physical and/or sexual abuse. Of course, many victims can – and often will – experience more than one type of abuse. Victims should therefore feel encouraged to disclose this to their GP as and when it feels most comfortable for them.
How this is done should also be down to the victim – it could indeed be preferrable for a domestic abuse applicant to have this appointment in the practice itself; or, it could be in the comfort of their own home. Either way, it is imperative that a victim-centred approach is taken.
Many victims of domestic abuse find it very difficult to arrange any appointment with their GP at all, let alone an in-person appointment to document their abuse. This can be due to the fear of retaliation from their abuser, a fear of victim blaming attitudes from their wider community, a feeling of embarrassment as to their situation, and so on.
Further, for those who do find the strength and courage to report their abuse to their GP in person, they could be waiting for several weeks before an in-practice appointment becomes available. This only adds to the distress victims are made to endure should they wish to apply for legal aid funding. Considering many victims of domestic abuse tend to seek legal advice and representation when they are at crisis point, this seems not only unreasonable but inappropriate.
Victims should be treated as such, and consideration should be made as to what can be expected of them following an often long and distressing experience of abuse.
The option for telephone or video consultations offers more flexibility to victims and should therefore assist with a quicker turnaround for legal aid funding being granted.
Our main priority is to ensure that our clients needs are taken care of and that our clients feel informed, supported and encouraged throughout every step of the process.
We welcome this change in practice and hope this news can offer victims of domestic abuse that little bit of encouragement they need to seek legal advice and protection from their abuser.