AQW 26482/22-27

Ms Claire Sugden
Independent
East Londonderry

Tabled Date: 01/05/2025
Answered On Date: 13/05/2025
Priority Written: No

Question:
To ask the Minister of Justice to detail any assessment her Department has made of the impact of requiring financial contributions on women seeking non-molestation orders under Regulation 10 of the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015.

Answer:

Victims of domestic abuse may face financial barriers when seeking legal assistance, particularly where they have limited or no independent income due to the nature of the abusive relationship. Although the normal full test of financial eligibility is automatically disregarded in relation to non-molestation orders, there can be situations whereby a small contribution is required. We have no evidence of these contributions presenting a meaningful barrier to justice for this group.

The current rules say that, where people are not in receipt of a passporting benefit, they must undergo a test of their means, however, the contributions are typically small and they are also payable over time, rather than up front.

Based on the evidence gathered through the foundational review of civil legal services, and two independent research projects looking specifically at the experience of victims of domestic abuse, the main barriers to uptake of the non-molestation waiver are lack of awareness and solicitors being unwilling to take on legal aid work, however the issue of financial eligibility, including for the rules applying to vulnerable groups including victims of domestic abuse, and the remuneration rates for representatives, are being considered as part of my departments ongoing reform process.