Legal Aid
Free legal advice and representation, if you qualify.
We hold a Legal Aid contract with the Legal Aid Agency. Here is a plain-English summary of how Legal Aid works, when it is available and what it covers.
Free eligibility assessment
During your initial consultation we will explore whether you might be eligible for Legal Aid.
Types of Legal Aid
Three kinds of help.
Legal Help
A solicitor can advise you and negotiate with the other party, but cannot represent you at court.
Family mediation
A solicitor can help you negotiate with the other party through mediation.
Legal Representation
The solicitor can prepare your case and represent you in court, or arrange for a barrister to represent you.
What is covered
Family matters you can get Legal Aid for.
- Family mediation to resolve disputes about children and finances after a relationship breakdown
- Applications for a Non-Molestation Order or Occupation Order
- Applications for a restraining order under the Protection from Harassment Act 1997
- Applications for a Child Arrangements Order, Prohibited Steps Order or Specific Issue Order where you or your child have suffered, or are at risk of, violence or abuse from the other party
- Representation for children made party to private family law proceedings
- Proceedings brought by the Local Authority for a Care Order or Supervision Order
- Applications for Forced Marriage Protection Orders
- Cases where your child has been, or is about to be, taken out of the UK without your consent
- Exceptional cases, where refusing Legal Aid would infringe your human rights
- Applications for post-adoption contact under section 51A of the Adoption and Children Act 2002, where there is evidence of domestic violence or child abuse, or for a child who is party to the proceedings
Questions
Legal Aid, explained.
What is Legal Aid?
Legal Aid is the use of public funds to help pay for legal advice, family mediation and representation in a court or tribunal. The Legal Aid Agency is in charge of providing Legal Aid in England and Wales, and since 1 April 2013 it has been governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Legal Aid pays towards the rates or fixed fees of a solicitor for your case.
How is eligibility decided?
There are usually three considerations:
- The matter is within scope for Legal Aid.
- Means test: you are unable to afford your own legal costs.
- Merits test: the likelihood of success, the reasonableness of the costs, and whether a reasonable person would use their own money to pay for the case.
What about my finances?
Most family cases are means tested, so you will need to show that you cannot afford to pay legal costs. You will be asked for information about your income, benefits, savings, property and shares, and those of your partner.
Can I get Legal Aid regardless of my means?
Yes, in some cases. Non means tested Legal Aid is available if your child is the subject of care or supervision proceedings, or if your child has been abducted out of England and Wales. You may qualify for Legal Aid for some injunctions, such as a Non-Molestation Order, but might be asked to make a contribution.
What evidence of abuse is accepted?
The previous 24-month time limit on evidence of abuse was challenged in the courts. As of 7 April 2016 the Legal Aid Agency confirmed it will accept applications with evidence of abuse older than 24 months, and from 25 April 2016 some evidence of abuse from the last sixty months will be accepted.
How do you help me apply?
During our initial consultation we will explore whether you might be eligible for Legal Aid. As experts in this area, we will tell you what evidence is required and how you might obtain it, and then make the applications on your behalf.
Find out if you qualify
Legal Aid assessments are free. Get in touch and we will explore your eligibility at your initial consultation.