- Conference
- 2016 National Women's Conference
- Date
- 14 October 2015
- Decision
- Carried
Conference notes with concern the impact that successive government policies are having on women’s access to justice.
For those women experiencing domestic violence, access to justice means:
• receiving a timely, safe and understanding response to domestic violence from the police;
• ensuring that civil remedies, such as injunctions, are used appropriately and are offered alongside other safety measures;
• a court system that understands the needs of survivors of domestic violence and takes these crimes seriously; and
• having access to a criminal justice system with legislative measures that fully recognise the damaging and dangerous nature of domestic violence and prioritises the needs of victims – the vast majority of whom are women..
Cuts to public services, including police and probation services, mean that these measures are simply not in place, with specialist services to support the victims of violence being among the first to go, or to be tendered out to organisations who do not recognise the importance of by-women, for women provision.
In the probation service, the majority of domestic violence cases have been and will continue to be assessed as medium risk, meaning that they will be supervised by Community Rehabilitation companies – profit making organisations, where cutting costs is the primary objective. Ensuring protection for victims and interventions for perpetrators is not something that can successfully happen within an austerity framework. This impacts not only on women who may themselves be the victims of domestic abuse, but also on the staff – our members – who previously provided the services.
Conference further notes that in April 2013 changes to the Legal Aid system came into effect, through the Legal Aid Sentencing and Punishment of Offender Act 2012, which meant that legal aid was no longer available for the majority of family law cases. Research conducted by Women’s Aid, Rights of Women and Welsh Women’s Aid showed that the impact of these changes is devastating for women seeking access to justice:
• 50% of women do not have any of the prescribed forms of evidence in order to apply for legal aid in family law cases.
• 60% of women take no further action if they are not eligible for legal aid.
• Over 30% of women report finding it very difficult to find a Legal Aid solicitor.
In the workplace, the introduction of employment tribunal fees has led to a significant decline in the number of claims – most markedly in the number of sex discrimination claims, which fell by 83% in the year following the introduction of tribunal fees. Moreover, while the introduction of fees has coincided with a decline in claims, there has not been a marked change in rates of success, indicating that some claims that would have been successful are now not being pursued. Conference applauds UNISON’s ongoing battle to challenge the government on this issue.
The latest attack on women’s access to justice is the introduction of the April 2015 ‘criminal courts charge’, which will be imposed on top of fines, prosecution costs and other charges, regardless of the seriousness of the offence or the ability of the convicted party to pay. The charge is increased if the case is heard at trial – encouraging women to plead guilty to keep costs down. The costs will be covered by attachment to earnings or benefits if the individual is unable to pay outright, meaning that low paid women, with no savings or alternative means of assistance will be disproportionately affected, as will their children.
Further, conference is aware that abuse, marginalisation and poverty are at the root of much of women’s offending, and that traditionally women are sentenced more harshly than men for similar offences. Key to preventing re-offending is access to effective support services. Research and experience show that women respond better to gender-specific solutions that offer a holistic approach, and thus improve self-esteem, well-being and their ability to take control of their lives. Adequate funding is essential to put this in place.
Conference believes that these cuts and punitive measures are a despicable attack on the most vulnerable in society, and a direct attack on women’s access to justice.
Conference therefore calls on the national women’s committee to work with the NEC, Labour Link, the Police and Justice Service Group and appropriate partner organisations to campaign for a fairer justice system, which is properly funded and meets the needs of women.
