Frequency and nature of domestic violence

Harley made this Rhyddid Gwybodaeth request to Legal Aid Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Dear Legal Aid Agency,

An application to Legal aid board was refused due to "the frequency and nature of the domestic abuse.. a warning letter should of been sent"

If legal aid is refused for domestic abuse please explain

What is the purpose of a solicitor writing warning letter to the abuser of domestic violence?

Does the warning letter not create a hostile environment towards the victim?

During a attack by the abuser , does the legal aid board expect the victim to remind the abuser of the warning letter and the abuser to stop abusing the victim ?

What "nature and frequency" must domestic violence take in order to qualify for legal aid ? is there a policy explaining this to victims of domestic abuse ?

Is there a policy at the legal aid agency as to the define what abuse is defined as "frequent "in order to qualify for legal aid ? daily , weekly , monthly etc

What qualifications does the legal aid agency caseworker have to have in order to determine "frequency and nature" of the domestic abuse?

What does the legal aid agency define as the "nature" of domestic abuse? punching , kicking etc.?

Is there a level of abuse chart at the legal aid board where kicking is acceptable , but punching is not acceptable ?

Does the legal aid agency require hospitalisation or death in order to accept an application for legal aid?

If a stage 2 complaint has been exhausted by the victim and the legal aid agency have not resolved the issue , what is the next procedure?

Do you continually investigate victims of domestic abuse and refuse them legal aid ?

Do victims of domestic abuse suffer constant investigations by the legal aid agency and withdrawal of legal aid because of a stage 2 complaint?

Can the legal aid board refuse a legal aid certificate 2 days before a court hearing , after previously , giving the victim a full certificate?

If a domestic abuse victim is being harassed and investigated by the legal aid agency because of a stage 2 complaint , what can be done to stop this harassment ?

Does the legal aid board have a public sector equality duty ?

Yours faithfully,

Mr G Breed

Disclosure Team, Legal Aid Agency

Dear Mr Breed,   


Thank you for your e-mail, I am writing to advise you that your enquiry
does not fall under the Freedom of Information Act 2000 (FOIA) regime. As
the WDTK website it to be used only for FOI requests we will not be
actioning your email.


It may be helpful if I explain that the FOIA gives individuals and
organisations the right of access to all types of recorded information
held, at the time the request is received, by public authorities such as
the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order
for a request for information to be handled as a FOI request, it must be
for recorded information. For example, a FOI request would be for a copy
of a policy, rather than an explanation as to why we have that policy in
place. On occasion, the MoJ receives requests that do not ask for recorded
information, but ask more general questions about, for example, a policy,
opinion or a decision.


To submit your question to the Legal Aid Agency please email our
correspondence team on [1][email address] who will action your
request. Please ensure this is sent via a personal email account, rather
than through the WDTK website.


If you do have any questions relating specifically to the FOIA or Data
Protection Act (DPA), please contact the Disclosure Team at the following
e-mail address: [Legal Aid Agency request email]


Kind regards,


Disclosure Team

dangos adrannau a ddyfynnir

Dear Legal Aid Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Legal Aid Agency's handling of my FOI request 'Frequency and nature of domestic violence'. A policy must be in place which states what frequency and nature of domestic violence is needed , in order to qualify for legal aid .Please send me the policy. I am also requesting the policy on how legal aid decisions are made and any policy which gives domestic violence victims a right to a fair trial if the nature and frequency of domestic abuse is not within the policy. I also require the policy after a stage 2 complaint procedure after a stage 2 complaint has been ignored.

Mr Breed

A full history of my FOI request and all correspondence is available on the Internet at this address:

Yours faithfully,


Henderson, Jenny, Legal Aid Agency

3 Atodiad



Thank you for your FOI request dated 3 August 2018. Please find attached
MoJ’s response.


Kind regards,



[1]cid:image001.png@01D32708.DAF46DF0 Jenny Henderson

Legal Aid Policy

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