Bar Council urges legal aid for all domestic abuse family cases

Published: 10 November 2025. The English Chronicle Desk. The English Chronicle Online.

The Bar Council has called for urgent reforms to ensure all family court cases involving domestic abuse fall within the scope of legal aid, including scrapping means testing for alleged victims and survivors. Representing the 18,000 barristers in England and Wales, the council has outlined a comprehensive package of recommendations aimed at strengthening the family justice system and better protecting victims of domestic abuse.

Currently, only around 15% of families are eligible for legal aid, a limitation that, coupled with widespread challenges in recruiting and retaining skilled family solicitors, has created what the Bar Council terms “legal advice deserts” across the country. The consequence has been a growing number of people forced to represent themselves as litigants in person, a process that can drain court resources and often retraumatise survivors.

Family courts play a crucial role in addressing violence against women and girls (VAWG), the council noted, highlighting that reforms and investment in these courts are critical for meeting government targets to halve domestic abuse in the next decade. Government statistics indicate that, in the year ending March 2024, over 1.2 million women and more than 550,000 men aged 16 to 59 were estimated to have experienced domestic abuse. A report from the domestic abuse commissioner published in October found that domestic abuse features in almost 90% of cases before the family courts.

The Bar Council’s recommendations extend beyond legal aid eligibility. They include increasing funding for family law legal aid, adequately financing the rollout of pathfinder courts and family drug and alcohol courts (FDAC) across England and Wales, and enhancing support for individuals navigating the family justice system. The paper also supports the continued implementation of Domestic Abuse Protection Orders and Notices (DAPOs and DAPNs), alongside perpetrator programmes following admissions or findings of fact hearings.

Barbara Mills KC, chair of the Bar Council and a family law specialist, emphasised the broader societal importance of reform, stating: “Violence against women and girls is not a private issue; it is a public emergency. Women and girls are harmed by men who profess to love them in their own homes. We can only scratch the surface of solutions if we do not consider family justice alongside criminal justice in tackling VAWG.”

Barristers have raised concerns about the conditions within some family courts. Victims and alleged perpetrators are sometimes forced to wait in the same rooms, and confidential discussions can be overheard due to inadequate facilities. In some courts, basic amenities such as drinking water and handwashing facilities are lacking, while insufficient security puts both clients and legal professionals at risk.

Mills warned that the current state of the system is untenable. “A long history of underfunding has left a dilapidated and understaffed court estate, which is not always adequate to support efficient working,” she said. “Investment is urgently needed to ensure accessible, survivor-centred justice focused on early intervention and prevention.”

The Bar Council’s proposals come at a pivotal moment as public attention on domestic abuse continues to grow, with the family courts seen as a vital instrument in safeguarding victims, delivering justice, and preventing future violence. Legal experts argue that implementing these reforms could transform the family justice system, ensuring it protects vulnerable individuals while holding perpetrators accountable.