27 April 2022
Low-income individuals with ‘trapped capital’ are unable to access legal aid in 30% of cases, research by the Public Law Project has found
Its report, ‘Trapped capital’ and financial eligibility for legal aid, published this week shows significant hurdles remain for those, including domestic abuse survivors, with trapped capital in a family home or other asset. This is despite the decision in R (oao GR) v Director of Legal Aid Casework [2020] EWHC 3140 (Admin), which established the Director has discretion to value capital assets at nil.
Barriers include financial disincentives for legal aid providers, lack of training of caseworkers, lack of public information and the discretionary nature of the rules.
PLP’s Dr Emma Marshall, co-author of the report, said: ‘These findings are deeply concerning.’ Marshall added the proposals outlined in the government’s consultation, Legal Aid Means Test Review, which closes for responses on 7 June, ‘do not offer much cause for optimism’.
