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What is Legal Aid?
Legal Aid is a government‑funded scheme that can assist with the costs of legal advice, mediation, and representation. It is typically available for cases involving domestic abuse, child protection, or family mediation.
How much money can I earn to be eligible for Legal Aid?
As of April 2025, you generally qualify if your gross monthly income is £2,657 or less, your disposable monthly income is £733 or less, and you have £8,000 or less in savings/assets. If you receive benefits such as Universal Credit, you may be automatically passported through the income test.
How do I apply for Legal Aid?
Once you have been assessed as being eligible for Legal Aid, your solicitor will apply for Legal Aid on your behalf. You cannot apply for Legal Aid yourself.
Can I get Legal Aid for care proceedings?
Legal Aid is available for care proceedings if you are a parent or have parental responsibility for the child, or if you are a child who is the subject of the proceedings. This is non‑means and non‑merits tested, which means you are automatically eligible. Legal Aid is available for proceedings such as Care Orders, Emergency Protection Orders, and Supervision Orders. If you receive a ‘Letter Before Proceedings’ or a ‘Letter of Issue’, you are eligible for Legal Aid without a financial check being undertaken.
Is Legal Help the same as Legal Aid?
Legal Help advice is a lower level of Legal Aid, available in both private family and public family law matters. Legal Help in public law cases will cover the initial meeting with the client and follow‑up advice and assistance as appropriate, including correspondence with the Local Authority. Legal Help funding is also available for Public Law Outline (PLO) matters. Legal Help for PLO matters is automatic and does not require a means and merits assessment. Legal Help in private law matters requires a means and merits assessment. Funding covers the initial meeting with the client and any work flowing from the meeting; this may include a letter of advice or writing to the other party on behalf of the client in order to move the case forward.
Is Legal Aid available for family law cases?
Legal Aid is available for most private family law matters, such as proceedings under the Children Act 1989, including applications for a Child Arrangements Order, Prohibited Steps Order, Specific Issue Order, etc., or divorce and financial remedy. However, this is means and merits tested, and you will need to provide professional evidence of domestic abuse or child abuse. There is a list of template letters to send to professionals to request such evidence on the Gov.uk website.
What is the difference between means and merits tests for Legal Aid?
A means assessment is a financial assessment that looks at your income, assets, savings, etc.A merits assessment considers the merits of the case, including the likelihood of success, the reasonableness of costs, and the benefit to the client.
Is Legal Aid free? Or do I have to pay it back?
Legal Aid is not always free. It is means tested and may cover all or part of your legal costs. This is based on your income, assets, and savings. You may have to pay a contribution, or you may be liable for the Legal Aid ‘Statutory Charge’. The Statutory Charge allows the Legal Aid Agency to recover costs from money or property preserved or recovered, typically in divorce/property matters.
The Legal Aid Statutory Charge does not usually apply to public law matters.
What documents do I need for a Legal Aid assessment?
For a Legal Aid assessment, you typically need to provide proof of income, assets, and savings. Essential documents may include:
- Three months’ bank statements for all accounts, including savings, joint, and child accounts.
- Three months’ payslips.
- Completion of the financial assessment form.
- Evidence of benefits.
- Evidence of any savings, stocks, equity in property, or vehicles.
- Domestic abuse evidence (in most private family matters).
Our child law solicitors are able to cover various issues relating to the well‑being of children. We understand that this will be a difficult time, but we will ensure that you get the best result for you and your family. A family dispute can have a big impact on a child’s life, so it is important that these issues are handled with care and compassion. The team at Churchers will handle every case professionally and sensitively.
To learn more about our child law legal services, contact us today on 01329 822 333.