{"id":4227,"date":"2020-12-18T09:27:53","date_gmt":"2020-12-18T09:27:53","guid":{"rendered":"https:\/\/www.ncdvmagazine.co.uk\/?p=4227"},"modified":"2020-12-18T09:27:53","modified_gmt":"2020-12-18T09:27:53","slug":"legal-aid-extended-to-da-victims-with-trapped-capital","status":"publish","type":"post","link":"https:\/\/www.ncdvmagazine.co.uk\/legal-aid-extended-to-da-victims-with-trapped-capital\/","title":{"rendered":"Legal aid extended to DA victims with \u2018trapped capital\u2019"},"content":{"rendered":"

Survivors of domestic abuse should not be denied legal aid because they have assets tied up in a home, the high court has ruled.<\/span><\/p>\n

The decision means the Legal Aid Agency (LAA) can be less restrictive on granting help to domestic abuse victims who have capital \u201ctrapped\u201d in property which cannot be sold or borrowed against, according to The Public Law Project (PLP).<\/span><\/p>\n

The campaign group argued many domestic violence survivors are denied by the LAA\u2019s strict interpretation of its rules on jointly owned property.<\/span><\/p>\n

\u201cNo one should face an abusive former partner in the family court alone because they cannot afford legal representation,\u201d said PLP lawyer Daniel Rourke.<\/span><\/p>\n

\u201cThe LAA will have to carefully consider whether it is appropriate to include the value of their homes when considering their applications for legal aid.\u201d<\/span><\/p>\n

Olive Craig, of the Rights of Women, said: \u201cWe hear from victims of abuse who are having to resort to food banks to feed their children but are assessed as financially ineligible for legal aid.\u201d<\/span><\/p>\n

Law Society president David Greene said: \u201cThere was a clear injustice in denying victims of domestic abuse legal aid on the grounds of property they co-own with their abuser.\u201d<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Survivors of domestic abuse should not be denied legal aid because they have assets tied up in a home, the high court has ruled. The decision means the Legal Aid Agency (LAA) can be less restrictive on granting help to domestic abuse victims who have capital \u201ctrapped\u201d in property which cannot be sold or borrowed […]<\/p>\n","protected":false},"author":2,"featured_media":4229,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,12],"tags":[],"_links":{"self":[{"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/posts\/4227"}],"collection":[{"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/comments?post=4227"}],"version-history":[{"count":0,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/posts\/4227\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/media\/4229"}],"wp:attachment":[{"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/media?parent=4227"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/categories?post=4227"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ncdvmagazine.co.uk\/wp-json\/wp\/v2\/tags?post=4227"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}