Legal aid

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1. Overview

Legal aid can help meet the costs of legal advice, family mediation and representation in a court or tribunal.

You’ll usually need to show that:

  • your case is eligible for legal aid
  • the problem is serious
  • you cannot afford to pay for legal costs

You could for example get legal aid if:

  • you or your family are at risk of abuse or serious harm, for example domestic violence or forced marriage
  • you’re at risk of homelessness or losing your home
  • you’ve been accused of a crime, face prison or detention
  • you’re being discriminated against
  • you need family mediation
  • you’re adding legal arguments or bringing a case under the Human Rights Act

You’ll usually need to show that you cannot afford to pay for this help. You may have to pay some money towards the legal costs of your case or pay costs back later.

Check if you can get legal aid to get help with civil cases. Your legal adviser will usually apply for legal aid on your behalf.

There are different legal aid rules in Scotland and Northern Ireland:

2. What you can get

You could get help with the costs of legal advice or getting someone to speak or negotiate for you.

You may have to pay some money towards the legal costs of your case.

If you qualify for legal aid and your problem is covered by it, you could get:

  • advice on your rights and options
  • help with negotiations and paperwork
  • help if you’re accused of a crime, for example advice at a police station
  • a solicitor or barrister to get your case ready and speak on your behalf in court and some tribunals

You might be able to get legal aid for problems like:

  • homelessness or losing your home, or if it’s in serious disrepair
  • protecting yourself or your child from abuse or harassment, for example domestic violence or forced marriage
  • poor quality care you or a family member are getting due to age, disability or special educational needs
  • needing advice on finances, children or divorce if you’ve been in an abusive relationship
  • a child in your family being at risk of being taken into care
  • family mediation, for example if you’re separating or getting a divorce
  • discrimination
  • challenging the way the government has made a decision about you
  • seeking asylum or if you’ve been the victim of human trafficking
  • being arrested, charged or questioned by the police
  • needing advice if a family member’s death is going to a coroner’s inquest
  • appealing a decision made by the social security tribunal about your benefits to the Upper Tribunal, Court of Appeal or Supreme Court

If your human rights are at risk, you could get legal aid for cases that would not usually be eligible.

3. Eligibility

Whether you qualify for legal aid will depend on:

  • the type of case
  • your financial circumstances

Civil (non-criminal) cases

Civil cases include things like debt, family or housing problems. To get legal aid, you usually need to show you cannot afford to pay for legal costs and your problem is serious.

You’ll usually have to give details and evidence of your income, benefits, savings and property, and those of your partner. If you’re under 18, you may need to give information about your parents’ or guardians’ income.

Your financial situation is not taken into account for cases about:

  • mental health tribunals
  • children in care
  • your child being abducted

You may also have to provide evidence about your problem, for example in a divorce case by providing a court order or GP letter showing that you or your child have been a victim of abuse.

Check if you qualify for legal aid to get help with civil cases.

If your human rights are at risk, you could get legal aid for cases that would not usually be eligible.

Paying the costs of your case

Legal aid might not cover all the costs of your case. You may have to:

  • pay some of the costs upfront
  • pay back some of the cost if you win money or property from your case

Read about paying for legal aid.

The Legal Aid Agency (LAA) will make a charge or claim – known as the ‘statutory charge’ – on any money or property you win. If this is your home, payment can be deferred and the debt placed as a charge on your home (similar to a mortgage).

Your legal adviser will explain how this works.

Contact the LAA’s Secured Debt Team to discuss how to pay.

Secured Debt Team
secureddebtteam@justice.gov.uk
Telephone: 0300 200 2020
Find out about call charges

If legal aid is withdrawn, you may have to repay the full legal costs.

Criminal cases

You have the right to free legal advice if you’re questioned at a police station.

You’ll automatically get legal aid for legal representation in court if you’re under 16 (or under 18 and in full-time education) or on certain benefits.

If you cannot get legal aid, you may be able to get free advice from:

You can also pay for advice from a local legal adviser or solicitor.

4. How to claim

Check if you can get legal aid in England or Wales.

Search for a legal aid solicitor if you’re in Scotland or Northern Ireland.

Your legal adviser or family mediator will apply for legal aid on your behalf. If you qualify, the government will pay their costs directly.

You can get emergency help if you need urgent representation in court, for example to keep you and your children safe from domestic abuse.

Your legal adviser will apply for Emergency Legal Representation to cover any immediate action. You still need to apply for legal aid in the normal way for any ongoing work.

Criminal cases

A police custody officer will help you get legal aid if you’ve been arrested and held at a police station. You’ll be offered free advice:

  • by telephone (if the offence is less serious)
  • from the police station’s duty solicitor
  • from your own legal adviser

If you’re charged or go to court

A solicitor will check if you qualify for legal aid if you’re charged with a crime or have to go to court. You can then:

You’ll need to give information about the following for both yourself and your partner:

  • benefits - including benefits statements
  • income, savings and spending - including pay slips and bank statements
  • National Insurance numbers

You’ll also need copies of evidence relating to your case, for example:

  • court documents
  • marriage and birth certificates (for family cases)
  • relevant letters

Tell your legal adviser if any of your financial circumstances change.

5. Funding for exceptional cases

You could get legal aid for cases that would not usually be eligible if your human rights are at risk. This is known as exceptional case funding (ECF).

Eligibility

You need to show you cannot afford to pay legal costs. You might not be eligible if you’re on a higher income or have money, savings or investments. You might need to pay part of your legal costs.

You also need to show that being refused legal aid would infringe:

  • your rights under the European Convention on Human Rights
  • your retained EU rights to legal representation

You might be able to get exceptional case funding for:

  • immigration cases
  • family cases
  • housing cases
  • welfare benefits disputes
  • coroner inquests

What information you’ll need to give

When you apply, you’ll need to give details of your case. For example you might need to show:

  • how your human rights would be affected by not getting legal aid
  • that you’re not able to deal with the case yourself, for example because you find it difficult to read or write, the case or evidence is complicated or the case is difficult to prove
  • that the outcome is extremely important

Apply through a lawyer

Most people use a lawyer to apply for exceptional case funding. Contact a legal adviser for advice on whether you’re eligible and how to apply.

Apply yourself

Complete the relevant forms for your case and send them to:

contactECC@justice.gov.uk

If you’re applying for legal help with a coroner’s inquest, you must apply through a lawyer.

Immigration cases that do not need to go to a court or tribunal

Complete the ECF application form CIV ECF 1 and form CW1.

Immigration cases that go to a court or tribunal

Complete the ECF application form CIV ECF 1 and form CW2 (IMM).

Family cases that do not need to go to court

Complete the ECF application form CIV ECF 1 and form CW1.

Family cases that need to go to court

Complete the ECF application form CIV ECF 1 and form CIV APP 3. You also need to:

Civil law cases that do not need to go to court

Complete the ECF application form CIV ECF 1 and form CW1.

Civil law cases that need to go to court

Complete the ECF application form CIV ECF 1 and form CIV APP 1. You also need to:

After applying

You’ll usually get a decision within 25 working days.

If your case is urgent, the Legal Aid Agency will prioritise it and aim to make a decision within 10 working days. You or your lawyer can tell us that your case is urgent on the application form and in the email.

If you cannot get legal aid, you may be able to get free advice from:

You can also pay for advice from a local legal adviser or solicitor.

6. Domestic abuse or violence

You might be able to get legal aid if you have evidence that you or your children have been victims of domestic abuse or violence and you cannot afford to pay legal costs.

You do not have to get evidence before talking to a legal aid solicitor or Civil Legal Advice (CLA), but they’ll need to see it before deciding whether you can get legal aid.

You or your children must have been victims of either:

  • domestic abuse or violence
  • financial control, for example being stopped from accessing a joint bank account

What counts as evidence

You’ll usually need to show that you or your children were at risk of harm from an ex-partner.

You can ask for evidence from:

  • the courts
  • the police
  • a multi-agency risk assessment conference (MARAC)
  • social services
  • a health professional, for example a doctor, nurse, midwife, psychologist or health visitor
  • a refuge manager
  • a domestic violence support service
  • your bank, for example credit card accounts, loan documents and statements
  • your employer, or education or training provider
  • the provider of any benefits you’ve received

How to get evidence

You can download and print a sample letter to send to the police, courts, or medical and social services.

This helps you get the proof you need, depending on whether:

Give the letter to the person you’re asking to provide evidence. They’ll be able to fill in the details for you.

You might have to pay a fee for this.

When you have the evidence

Show the evidence to your legal aid solicitor or CLA adviser.

7. Legal problems abroad

You can apply for legal aid in:

  • Albania
  • Austria
  • Azerbaijan
  • Belgium
  • Bosnia and Herzegovina
  • Bulgaria
  • Cyprus
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Georgia
  • Greece
  • Ireland
  • Italy
  • Latvia
  • Lithuania
  • Luxembourg
  • Montenegro
  • Netherlands
  • North Macedonia
  • Norway
  • Poland
  • Portugal
  • Romania
  • Serbia
  • Spain
  • Sweden
  • Switzerland
  • Turkey
  • Ukraine

You can get help with your application from a publicly funded solicitor, including getting documents translated.

Contact the embassy, the high commission or a consulate of that country or the Legal Aid Agency to find out how to apply.

Legal Aid Agency - for legal problems abroad
crossborderapps@justice.gov.uk