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Legal aid

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1. 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.

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.

2. 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.

3. Check if you can get legal aid

Use the ‘Check if you can get legal aid’ service to check your eligibility and find out how to apply.

There’s a different way to apply for legal aid in Scotland and apply for legal aid in Northern Ireland.

You’ll be asked questions about your legal problem and your income and savings. Based on your answers, you’ll be told what to do next.

You might:

  • speak to someone who can arrange for you to get legal advice by phone
  • be told how to find a legal adviser near you
  • be told how to find a mediator near you

The phone adviser, legal adviser, or mediator will tell you whether you can get legal aid.

You will not be charged for checking your eligibility.

A legal adviser will apply for legal aid for you. You cannot apply for legal aid on your own.

Check your eligibility

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

Start now

Other ways to check if you’re eligible

If you cannot use the online service, contact the Civil Legal Advice helpline to check if you can get legal aid.

You can also ask for support in British Sign Language (BSL) and other languages.

Civil Legal Advice (CLA)
Telephone: 0345 345 4345
Textphone: 0345 435 4345
Relay UK (if you cannot hear or speak on the phone): 18001 then 0345 345 4345
Monday to Friday, 9am to 8pm
Saturday, 9am to 12:30pm
Find out about call charges

Read about how to stay safe using the service. This includes information about how to delete your browsing history and how to exit the site quickly.

You may be able to get free advice from:

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

4. 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:

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.

You may be able to get free advice from:

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

5. Domestic abuse

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

Domestic abuse includes:

  • controlling behaviour
  • emotional abuse
  • financial control, for example being stopped from accessing a joint bank account
  • someone harassing, threatening or hurting you or your child

The abuse could be from a partner, ex-partner, or family member.

If you’re not sure, you can check how to recognise domestic abuse.

Providing evidence

You’ll usually need to provide evidence to show that you or your children have experienced domestic abuse.

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 use 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.

Use the ‘Check if you can get legal aid’ service to check your eligibility and find out how to get a legal advisor.

You do not have to get evidence before talking to a legal advisor, but they’ll need to see it before deciding whether you can get legal aid.

6. 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.

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 

7. 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:

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