I absolutely need representation to go up against my ex-partner. Rebecca said: “Getting legal aid is essential. The ‘imaginary capital’ prevented her from effectively participating in proceedings concerning her children.”įamily law cases have not been eligible for legal aid since the 2012 Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) an exception was preserved for survivors of domestic violence. “This irrational rule ignored the fact that my client’s home was heavily mortgaged, and pretended that my client had capital which simply does not exist. “Our client is earning a low wage, looks after two children and receives universal credit, yet she was denied legal aid because the rules on home ownership have not been updated in decades. The regulations laid today in parliament will mean that many more vulnerable women on low incomes will be able to take part in family proceedings with the support of a lawyer, in a fairer and more equal way. “For victims of domestic violence, that has not been the case. By ensuring more victims of domestic abuse are given legal representation, it reduces the risk of them being cross-examined by their abusers in court.ĭaniel Rourke, a solicitor with the Public Law Project (PLP), who brought the case said: “It is plainly unfair to pretend someone has capital that simply does not exist. The new regulations were laid as a statutory instrument on Friday. The previous formula meant not all mortgage debt was taken into account and consequently calculated that applicants had disposable funds that did not exist. Legal aid eligibility is assessed by a complex means test.
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