Who can get legal aid?
If you’re on a low income, you may be eligible for free or subsidised advice or representation from a lawyer. However, since 2012 legal aid is only available in very limited circumstances. It depends on three things:
- Scope – What your case is about, AND
- Means test – Whether you can afford your own legal costs, AND
- Merits test – The likelihood of success (whether a reasonable person would use their own money to pay for the case).
Not only is the scope limited, but the availability of legal aid support across the UK is incredibly stretched. While Bath Family Law is unable to offer legal aid, our service was set up to provide an affordable alternative to formal representation – either standalone or combined with support from a direct access barrister. You can check your eligibility, find a list of local legal aid providers, and even start an online enquiry for support through the gov.uk website.
What is legal aid available for?
If you meet the means test, legal aid is available for the following areas of family law:
- Social services involvement – If social services are applying for a care order, supervision order or emergency protection order for your child(ren)
- Family injunctions – Including non-molestation orders and occupation orders following domestic abuse
- Family mediation – To resolve disputes about children and/or finances after a relationship breakdown
- International and domestic child abduction – To prevent a child being removed illegally from the UK or to make sure they are returned
- Private children disputes – ONLY if you have evidence of domestic abuse or child abuse
Divorce and financial matters – ONLY if you have evidence of domestic abuse.
What will I need to be eligible for legal aid?
You will have to prove that you can’t afford to pay legal costs. The Legal Aid Agency will need documentary evidence of your income, benefits, savings, property and investments. You will also have to show your expenditure. You can enter your financial details here to see if you’re eligible for funding.
If you (or your child) have been victims of domestic abuse/violence or financial control, you will need to produce evidence (such as a letter from the police, a social worker, doctor, or domestic abuse worker). A full list of what counts as evidence can be found here. If you reach out to a legal aid provider, they will discuss what’s needed and help you collect this evidence.
How can I apply?
Simply reach out to a legal aid provider or complete the government’s online form to have your eligibility and your case assessed.
