Financial eligibility

To get legal aid, you’ll usually need to show that both: your income is below a certain amount the value of your savings, investments and property are below a certain amount You can be eligible for legal aid whatever your financial circumstances if your case is: about children in care or being taken into care heard by a mental health tribunal about a child being abducted and taken out of the UK or brought into the UK The rules are different if you’ve been arrested or charged with a crime . Your income You’ll usually need to show that you and your partner either: have a joint monthly income of £2,657 or less (before tax and other deductions) get a qualifying benefit Qualifying benefits are: Universal Credit the ‘Guarantee Credit’ element of Pension Credit income-based Jobseeker’s Allowance (JSA) income-related Employment and Support Allowance (ESA) Income Support You might still be eligible if you have a higher income and your case is about: domestic abuse forced marriage Your savings, investments and property You will not usually be eligible if you and your partner have assets of over £8,000. Assets are: savings and investments any equity in your home over £100,000 (equity is the current value of your home minus the amount of mortgage you owe) You might still be eligible if you have assets worth more than £8,000 if: you’re over State Pension age you’re disputing ownership of your home your case is about domestic abuse your case is about forced marriage If you’re not sure you’re eligible If you’re not sure if you’re eligible, you can check if you can get legal aid . When you might have to contribute some of 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 Your legal advisor will explain what will happen if this applies to you.

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’ll need to show that you’re financially eligible . 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: complete form CIV MEANS 1 if you’re not receiving benefits complete form CIV MEANS 2 if you’re receiving benefits 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: complete form CIV MEANS 1 if you’re not receiving benefits complete form CIV MEANS 2 if you’re receiving benefits 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: the Law Centres Network Citizens Advice AdviceNow You can also pay for advice from a legal adviser or solicitor .

You might be able to get legal aid if you have evidence that you or your children have been victims of domestic abuse 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. What counts as domestic abuse for legal aid You or your children must have been victims of either: domestic abuse 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 abuse 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: you’ve been a victim your children have been victims 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.

Legal problems abroad

If you’re abroad, legal aid is provided by the country where the dispute is happening. You do not need to apply for legal aid if you’re having problems with your passport. Contact HM Passport Office instead. How to get legal aid abroad Contact the authority or government department that’s responsible for legal aid in the country where the dispute is happening. If you are not sure who to contact, find out by contacting the British Embassy, High Commission or Consulate of the country where the dispute is happening. If you need help with your application, including getting documents translated, you can contact: a publicly funded solicitor the Legal Aid Agency The Legal Aid Agency cannot tell you if you’re eligible or apply for legal aid abroad for you. Legal Aid Agency crossborderapps@justice.gov.uk

Legal aid

Q: If you’ve been arrested or charged with a crime

If you’ve been arrested A police custody officer will help you get legal aid if you’ve been arrested and held at a police station . You’ll either be offered free advice: by phone 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: get advice from the same organisation that helped you at the police station ask to speak to the court duty solicitor find your own criminal legal aid solicitor You’ll automatically get legal aid for legal representation in court if you’re any of the following: under 16 under 18 and in full-time education on certain benefits

What you can get legal aid for

Legal aid can help with the costs of legal advice. You can also get someone to speak or negotiate for you at a court or tribunal.

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

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

homelessness, eviction, losing your home, or serious disrepair
protecting yourself or a child from abuse or harassment, for example domestic abuse 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 deciding on child arrangements
discrimination
challenging the way the government has made a decision about you
seeking asylum or if you’ve been the victim of human trafficking
needing advice if a family member’s death is going to a coroner’s inquest

There’s a different way to get legal aid if you’ve been arrested or charged with a crime.

What you cannot get legal aid for

You cannot get legal aid for:

debt problems (unless you might lose your home)
employment disputes (unless you’re being discriminated against)
appealing benefits decisions (unless you’re appealing 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.

If you’re not sure if you’re eligible

You can check if you can get legal aid for your type of problem.

View a printable version of the whole guide

Legal aid

What you can get legal aid for

What you cannot get legal aid for

If you’re not sure if you’re eligible

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Legal aid

What you can get legal aid for

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If you’re not sure if you’re eligible

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