The England and Wales High Court ruled on Tuesday that domestic abuse survivors who have “trapped capital” in their homes should not be denied legal aid.

The court held that a single parent and domestic abuse survivor identified as “Claire” should not have been denied legal aid when she had only £28 on the day of the hearing of a child custody case. “Claire” jointly owns property. When “Claire” was denied legal aid, it was expected that she sell the property or borrow against it to pay for representation. “Claire” claims to be unable access the property’s trapped assets.

Under the Civil Legal Aid (Financial Resources & Payment for Services) Regulations 2013 (”the Means Regulations”), “Claire’s” case questioned whether the Director of Legal Aid Casework can deny legal aid to an individual who is “relatively cash-poor” but has an interest in land, which is considered disposable capital, that is greater than £8,000, “even if he or she cannot sell or use the property to fund legal representation.” Domestic abuse survivors may be unable to sell or use the interest in land to fund legal representation if there is little equity or a joint interest.

As a result of Tuesday’s ruling, the Legal Aid Agency (LAA) may use “a less restrictive approach” when granting legal aid to domestic abuse survivors who have inaccessible “trapped capital” in a home. The LAA will now examine if the value of the victim’s home should be considered when determining whether to grant legal aid.

“Claire’s” application for legal aid will be remitted and reconsidered by the Director. If it is determined that “Claire” is able to sell her home, she may be denied legal aid due to the conclusion that she could fund her representation.