Assets trap stops domestic abuse victims getting legal aid

VICTIMS of domestic violence are being denied legal aid to help escape their tormentors because they have jointly held assets with their abusive partners, a report has warned.

Up to a fifth of victims were caught by “trapped capital” where abusers refused to allow them to use a joint asset to fund legal proceedings, Surviving Economic Abuse (SEA), a charity, found. The victims are then judged ineligible for support because they are over the capital threshold for legal aid.

Nicole Jacobs, the domestic abuse commissioner, called for urgent reform of the system so that “trapped” women could escape violent relationships.

“Lack of financial means should not be a barrier to legal support for victims and survivors of domestic abuse. However, as this report highlights, it is the harsh reality being faced by far too many domestic abuse victims,” she said.

About 1.6 million women suffer domestic abuse each year, according to the ONS. Of these, 95 per cent experience some form of economic abuse. SEA conducted interviews with 40 women, of which 32 were unable to access legal aid. At least a quarter were involved in “trapped capital”.

The charity is urging the legal aid agency to adopt a less restrictive approach to victims of trapped capital after the High Court ruled last year that they should not be denied support.

Claire, the woman who brought the case, only had £28 in her bank account but was denied legal aid because she had a share in the home she had lived in with her abusive partner.

Dr Nicola Sharp-jeffs, chief executive of SEA, said: “Without access to legal support, victim-survivors of abuse are left with an impossible choice – to represent themselves, face crushing debt to pay for legal expertise or opt out.”