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<p>This article critically examines whether access to legal services and family law justice for victims of domestic abuse (DA) in England and Wales can meaningfully be described as “existent” in the post-Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) landscape. It argues that, despite the introduction of the domestic abuse gateway to legal aid, access to legal services remains significantly constrained in practice. While subsequent reforms have removed some of the most restrictive procedural barriers, these changes have not addressed the deeper structural issues that continue to limit meaningful access.This article advances two interrelated claims. Firstly, that access to legal services for DA victims largely exists as a commodity for those with the financial means to afford it. For the remainder, they must navigate a series of state-prescribed bureaucratic hurdles, often at a time of extreme personal crisis. While the gateway was intended to direct resources to those most in need, in practice it continues to function as a restrictive filter rather than a genuine route to justice.Secondly, it argues that even where legal representation is secured, family law justice is far from guaranteed. Drawing on case law, government reports, and empirical research, this article demonstrates how adversarial court processes, inconsistent procedural safeguards, and a persistent failure to properly understand domestic abuse contribute to re-traumatisation and, in some cases, unsafe outcomes. Central to this is the continued influence of misogynistic and gender-biased attitudes within the judiciary, including the minimisation of abuse and the prioritisation of parental contact over victim safety.While recent reforms, including the Domestic Abuse Act 2021 and the introduction of Pathfinder courts, represent important progress, their impact remains uneven and highly dependent on judicial attitudes and effective implementation.Ultimately, this article argues that incremental legislative reform is insufficient. Without meaningful cultural change, improved judicial understanding, and greater accountability within the family justice system, access to legal services and family law justice for domestic abuse victims will remain fundamentally constrained.</p>

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Access Denied: Family Law Justice Under the Domestic Abuse Gateway

  • 期刊论文

  • 发表日期：

    2026年3月30日

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  • Rebecca Benson

摘要

This article critically examines whether access to legal services and family law justice for victims of domestic abuse (DA) in England and Wales can meaningfully be described as “existent” in the post-Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) landscape. It argues that, despite the introduction of the domestic abuse gateway to legal aid, access to legal services remains significantly constrained in practice. While subsequent reforms have removed some of the most restrictive procedural barriers, these changes have not addressed the deeper structural issues that continue to limit meaningful access.This article advances two interrelated claims. Firstly, that access to legal services for DA victims largely exists as a commodity for those with the financial means to afford it. For the remainder, they must navigate a series of state-prescribed bureaucratic hurdles, often at a time of extreme personal crisis. While the gateway was intended to direct resources to those most in need, in practice it continues to function as a restrictive filter rather than a genuine route to justice.Secondly, it argues that even where legal representation is secured, family law justice is far from guaranteed. Drawing on case law, government reports, and empirical research, this article demonstrates how adversarial court processes, inconsistent procedural safeguards, and a persistent failure to properly understand domestic abuse contribute to re-traumatisation and, in some cases, unsafe outcomes. Central to this is the continued influence of misogynistic and gender-biased attitudes within the judiciary, including the minimisation of abuse and the prioritisation of parental contact over victim safety.While recent reforms, including the Domestic Abuse Act 2021 and the introduction of Pathfinder courts, represent important progress, their impact remains uneven and highly dependent on judicial attitudes and effective implementation.Ultimately, this article argues that incremental legislative reform is insufficient. Without meaningful cultural change, improved judicial understanding, and greater accountability within the family justice system, access to legal services and family law justice for domestic abuse victims will remain fundamentally constrained.