Disabled Woman Challenges Legal Aid Agency’s Financial Eligibility Guidance in High Court

Disabled woman challenges Legal Aid Agency’s guidance on financial eligibility

A disabled woman has been granted permission by the High Court to challenge the Legal Aid Agency’s guidance on financial eligibility. The claimant, a survivor of domestic abuse, sought legal aid to challenge the police’s decision to take no further action in relation to harassment she reported by her former alleged abuser.

The issue arose when the Legal Aid Agency granted an emergency legal aid certificate but later decided that the woman would have to pay a ‘sizeable’ contribution towards her legal costs due to a backdated personal independence payment (PIP) she had received prior to making her application. The agency treated the backdated PIP payment as capital, rather than income, which affected her financial eligibility for legal aid.

Solicitor Clare Jennings, representing the claimant, argued that the backdated PIP payment should have been treated as income and disregarded from the financial assessment. Jennings highlighted the impact of this decision, stating that if the police had not conceded the judicial review, the claimant would have been faced with an impossible decision between continuing her claim or getting a mobility vehicle she needed.

Jennings also raised concerns about others being refused legal aid altogether due to similar issues with backdated payments affecting their financial eligibility. The case brings to light the challenges faced by individuals seeking legal aid and the need for clarity and fairness in the assessment process.

The High Court has yet to set a date for the hearing, but this case has already sparked discussions about the need for reform in the Legal Aid Agency’s guidance on financial eligibility.