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Wednesday, 5 September 2023

Legal aid – an introduction

Legal aid helps people pay for the cost of getting legal advice. You must meet certain conditions to be eligible for legal aid. Find out how legal aid works and what costs legal aid can help with.

What is legal aid?

Legal aid is a scheme that helps people pay for legal advice. You might get legal aid if you meet certain conditions. These include:

  • the type of problem you have
  • your financial circumstances
  • how much help you need

Legal aid might not cover all the costs of your case. Also, you may have to pay back the money you get as legal aid if you win any money or property from your case.

Legal aid in criminal cases

If you have been accused of a crime, getting legal aid is different from getting it for a non-criminal (civil) case. If you face being questioned by the police, being charged with a crime or going to court, find out how you can get help.

How to get legal aid

You should check if you can get legal aid to help with your problem. There are certain conditions you need to meet to get legal aid and you’ll have to apply through a legal adviser.

Problems you might get legal aid for

Legal aid is only available for certain types of problem in certain areas of law. These problems could include:

  • welfare benefits, such as problems with Job Seeker’s Allowance
  • actions against the police, such as wrongful arrest
  • clinical negligence, such as claims against a doctor or dentist
  • community care, such as claims against social services for not looking after an elderly person
  • consumer and general contract law, such as poor quality of goods or services
  • crime, such as getting help in court if you’re accused of an offence
  • debt, such as legal advice if you have been declared bankrupt
  • education, such as legal cases about education for special needs
  • employment, such as claims of unfair dismissal or discrimination
  • family, such as separation and divorce
  • housing, such as being threatened eviction or homelessness
  • immigration and nationality, such as being deported from the UK
  • mental health, such as legal advice if you are detained in hospital
  • public law, such as challenging the decision of a local authority

Problems you can’t get legal aid for

You can’t normally get legal aid for the following problems:

  • personal injury
  • legal representation at an Employment Tribunal
  • irresponsible damage to property
  • conveyancing (the legal transfer of property when you buy or sell a house or flat)
  • boundary disputes
  • defamation (libel and slander) or malicious falsehood (knowingly spreading lies about people)
  • making a will

However, you might get legal aid for help making a will if you are:

  • over 70
  • disabled
  • a parent of a disabled child who will be provided for in your will
  • a parent living with a child and you want to appoint a guardian in your will

The different levels of legal aid – what they pay for

There are different levels of legal aid to pay for different legal costs. The level of legal aid you receive will depend on your case.

Legal Help

Legal Help covers the cost of getting specialist advice. This includes your legal adviser explaining your rights and the different options you have to resolve your problem. It can also include the cost of someone negotiating for you, making sure an existing legal decision is enforced or preparing a written case.

Help at Court

Help at Court pays for an adviser to speak for you in a civil court if you don’t need to defend yourself. For example, if you have agreed you owe money to someone but need to sort out how and when to pay the debt.

Family Mediation

Family Mediation can pay for an independent mediator to try and help you resolve family disputes without having to go to court. For example, they can help you agree about contact with your children if your relationship breaks down.

Family Help

Family Help covers help or representation for family disputes. For example, it can help you draw up any legal agreements between you and your partner or spouse. However, it does not cover the cost of someone speaking for you or representing you at a final court hearing or appeal

Legal Representation

Legal Representation helps with the costs of taking certain types of civil cases to court or tribunal. It includes the cost of a solicitor or barrister speaking for you in your defence. Find out more about Legal Representation by using the link below.

Getting emergency legal help

For urgent cases - for example, to keep yourself and your children safe from abuse - you might be able to get emergency legal representation. You should speak to a legal adviser and they can make the application for emergency legal representation for you.

Getting legal aid in Scotland and Northern Ireland

Legal aid in Scotland and Northern Ireland is managed by the Scottish Legal Aid Board and the Northern Ireland Legal Services Commission.

Legal aid for a problem abroad

You can only apply for legal aid for a problem abroad for civil cases. You will not get legal aid for criminal cases abroad. To find out if you can get legal aid for a problem abroad, you should speak to a legal adviser.

Help and advice in Welsh

You can get information about dealing with your legal problems in Welsh by following the link below.

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Additional links

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You could be entitled to financial support - find out what's available

Legal aid in Scotland and Northern Ireland

Find out more about legal aid if you live in Scotland or Northern Ireland

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