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Get a solicitor

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Get a solicitor

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I was recently sent the details of a referral for a Non Molestation Order by our First Steps Team, our First Steps Team make the initial contact with applicants who are referred / self-refer to us for an emergency injunction, it contained the following comments:-

“A lady self-referred to NCDV. The incident was reported to West Midlands Police and was NFA’d (no further action), the Police Officer advised her to get a solicitor. She said it had been incredibly stressful finding the right solicitor and was taking a lot of time, she was not finding her search successful. Coventry Social Services gave her our number, she called NCDV and self-referred that day at 3.15pm. By 10 the next day I was able to assess her case, answer any questions she had and start the ball rolling for her to obtain a non mol. Before we finished our call on the system, I could see that she was being allocated a solicitor.”

Although delighted that we were able to assist the applicant obtain the order she needed to protect her and her children, I was saddened to see the police officer advising her to get a solicitor.

Like many of our trainers I am a retired police officer. The culture from the 1980’s and 1990’s when the police attended a domestic abuse incident, was often to say, ‘get a solicitor’. I thought that the police had now moved on from that?

I fully appreciate that there is not always the evidence for the police to proceed with a criminal case. However, I remain mindful of how difficult it is for many victims, particularly at the point of crisis in the height of a domestic abuse incident or immediately after to pick up the phone and dial 999 for the police. Although arguably the right course of action is to contact the police, this phone call for many may result in life changing consequences. Not only in hopefully bringing the perpetrator to justice and ending the violence, but for some the call will signal the break-up of families, the end of a relationship , the start of divorce proceedings, all of which are important steps in safeguarding the victim.

To be told, ‘get a solicitor’ by the police can send a negative message to the victim that the police are not interested, and it could also deter some from calling the police again. As with the above example finding a solicitor can be a daunting and for some an expensive experience. Also, the delay in finding a solicitor can sometimes mean that too much time has passed since the incident to enable a court application to be made.

Our very existence back in 2002 when NCDV started as the London Centre for Domestic Violence came about when a victim had trouble in finding a solicitor following a domestic abuse incident.

Surely referring or signposting to organisations such as NCDV has to be a better option than leaving a victim to sort it out on their own?

Tina Hopkins
Training Development Manager

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By Fiona Bawden, Times Online (8th May 2007)

“Steve Connor, a student at City Law School, is a man on a mission. Six years ago he was a fairly directionless 27-year-old. Today, as well as taking the Bar Vocational Course, he is chairman of the National Centre for Domestic Violence, a ground-breaking organisation that he dragged into existence after a friend could not get legal help to protect her from an abusive partner.

Connor’s route to the Bar has been circuitous. In 2001 he returned from a year in Australia (he says that he would not dignify describing it as a gap year), and took a job as a process server in South London. The job (“I just saw it advertised in the paper”) was not quite as dull as it sounds. On one occasion he was threatened with a machete, on another, he was nearly stabbed by a man he had arranged to meet on Clapham Common to serve with a non-molestation order: “He’d seemed really friendly on the phone…”

The turning point in his life came when a friend, who was being abused by her partner, turned to him for support. Connor went with her to the police. She did not want to press criminal charges so the police suggested that she visit a solicitor to take out a civil injunction. “We must have seen 12 solicitors in a morning. We just went from one to the next to the next to the next. Everyone was very eager to help until we sat down to fill in the forms for the legal aid means test,” he says. The woman, who had a small child, did not qualify for public funding. But, Connor says, her financial situation as it appeared on paper did not bear any relation to her financial situation in reality. “She had a part-time job and she and her partner owned their home. Yet she didn’t have any money. Her boyfriend was very controlling and controlled all the money; he kept the chequebooks and didn’t let her have access to the bank account.”

The injustice of the situation got under Connor’s skin. “I just couldn’t believe that there was no help available to people who did not qualify for public funds but could not afford to pay.

I just kept feeling that this must be able to be sorted if only someone would address it.”That “someone” turned out to be him.

In 2002, thanks entirely to Connor’s doggedness, the London Centre for Domestic Violence was formed. It started out with him and a friend, but is now a national organisation, covering 27 counties, and has helped approximately 10,000 victims last year to take out injunctions against their partners.

NCDV now has nine full-time staff, 12 permanent volunteers and has trained over 5000 law and other students as McKenzie Friends to accompany unrepresented victims into court. We have also trained over 8000 police officers in civil remedies available regarding domestic violence. The National Centre for Domestic Violence (NCDV) has branches in London, Guildford and Manchester and is on track to have branches in 16 areas within the next two years.

NCDV specialises exclusively in domestic violence work and could be characterised as a cross between McDonald’s and Claims Direct. The high degree of specialisation means that its processes are streamlined: clients can be seen quickly and the work is done speedily and cheaply. “Sometimes, we will have one of our trained McKenzie Friends at a court doing 10 applications in one day,” Connor says.

Clients are not charged for the service. NCDV staff take an initial statement: clients who qualify for legal aid are referred to a local firm; those that don’t get free help from the centre itself. It runs on a shoestring, heavily reliant on volunteers and capping staff salaries at £18,000 a year.

Steve expects to qualify as a barrister this summer and hopes that having a formal legal qualification will give the centre added clout. “We are already acknowledged as experts and consulted at a high level, so I thought it would be helpful if I could back that up by being able to say I’m a barrister,” he says. He is just about to complete a one-year full-time BVC course at the City Law School (formerly the Inns of Court Law School) and, all being well, should be called to the Bar in July. Although Connor sees his long-term future as a barrister, he says that he has no immediate plans to practise. “I want to get NCDV running on a fully national level. Then I may take a step back and have a career at the Bar.”