Legal aid

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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.

View a printable version of the whole guide

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