Consultation Response on Department of Justice Legal Aid Engagement Papers

We support the Department’s intention to make the legal aid system more accessible and efficient. For many of the families we support, particularly those already facing crisis, delays, and complexity in accessing legal aid can increase uncertainty, prolong unsafe situations, and place added pressure on children and non-abusive parents. In practice, families experiencing domestic abuse or ongoing safeguarding concerns often need urgent legal support at the point of crisis, not after lengthy administrative processes have been completed.

Efforts to modernise and simplify the system must not come at the cost of safety; Barnardo’s NI is concerned that some of the proposed reforms could unintentionally create further barriers for those already at greatest risk of harm. In our experience, families affected by domestic abuse, coercive control, trafficking, and severe family instability often present with complex circumstances that do not fit neatly within standard financial or legal assessments. A legal aid system that appears streamlined on paper may remain inaccessible in practice for those whose finances, communication, or decision-making are controlled by another person.

We therefore urge the Department to ensure that decisions about “impact” and “value for money” are considered alongside child safety, trauma prevention, and long-term safeguarding outcomes. Short-term savings achieved by restricting access to legal aid can result in significantly greater pressures elsewhere across health, social care, and child protection services. For the children and families Barnardo’s NI supports, timely access to legal protection is often a critical factor in creating stability and reducing harm.