Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what estimate he has made of the number of victims of domestic abuse who have been denied legal aid as a result of trapped capital in the form of property which cannot be sold or borrowed against.

The government is absolutely clear that victims of domestic abuse must have access to the help that they need, including access to legal aid. For victims of domestic abuse seeking a protective injunction, the upper income and capital thresholds are waived. This means that anyone can financially qualify for this type of legal aid, subject to potentially making a contribution to the costs of the case depending on their means. Applications for legal aid are assessed against statutory eligibility criteria, and any capital held is taken into account or disregarded to the extent the Regulations either require or permit.

In February 2019 we announced a review of the means test. The review is assessing the effectiveness with which the test protects access to justice, and we are specifically considering the experiences of victims of domestic abuse. 95% of applications for legal aid in the ‘Domestic Violence’ category of law were granted in the most recent completed financial year.