Legal Aid Solicitors

Legal aid is public funding that can help pay for legal advice, family mediation or representation in court proceedings. It is available only for certain types of legal problems and the rules are different depending on the case.

In family law, legal aid may be available for matters such as domestic abuse, care proceedings, some child arrangements cases and certain urgent children matters. It is not available for every family dispute, so the first step is usually to check whether the issue is within the scope of legal aid.

A legal aid solicitor can help you understand:

• whether your case is a type of case that legal aid can cover
• whether a financial assessment is needed
• whether the case must meet a merits test
• what evidence may be required
• whether an urgent application can be made
• whether you may need to pay a contribution
• whether another funding option should be considered

Legal aid is not the same as free legal advice in every case. Some people pay nothing, some may need to make a contribution and some may need to repay part of their legal aid if they keep or recover money or property through the case.

Legal aid eligibility usually depends on three questions. The first is whether the case is within the types of legal work that legal aid can cover. The second is whether the case has enough legal merit. The third is whether your financial circumstances meet the relevant rules.

In broad terms, eligibility may depend on:

• the type of family law case
• whether there is evidence of domestic abuse or child abuse
• whether children’s services or the local authority are involved
• whether care proceedings have started
• your income, savings and property
• any benefits you receive
• whether you have a partner whose finances must be assessed
• whether an exception or waiver applies

Some cases are treated differently. For example, GOV.UK explains that a person may be eligible for legal aid whatever their financial circumstances if the case is about children in care or being taken into care. Legal Aid Agency family scope guidance also states that Special Children Act proceedings, including care orders, supervision orders, child assessment orders and emergency protection orders, are non-means and non-merits tested for the child who is the subject of the order and parents or parties with parental responsibility for that child.

For domestic abuse protective orders, the rules are different. Legal Aid Agency guidance states that non-molestation orders, occupation orders and forced marriage protection orders are means and merits tested, but the domestic abuse upper eligibility waiver applies to these applications. This means it is important to get an assessment rather than assume you will or will not qualify.

For a fuller explanation, visit our legal aid eligibility page.

You cannot usually apply for civil legal aid directly on your own. A legal adviser will apply for legal aid for you and that you will not be charged for checking eligibility. 

NLS can assess whether your case may be eligible and explain what information is likely to be needed. If legal aid appears available, your solicitor can guide you through the application process and let you know whether any contribution may be required.

The process usually involves three steps:

Step 1 – Tell us what has happened

The first step is to explain the legal issue and what help you need. This might involve domestic abuse protection, child arrangements, care proceedings, children’s services involvement or another family law issue.

You do not need to know the legal category before speaking to a solicitor. NLS can help identify whether the issue is likely to fall within legal aid scope and whether urgent steps may be needed.

Step 2 – Check eligibility and evidence

Your solicitor will ask about your circumstances so they can check whether legal aid may be available. This may include questions about income, benefits, savings, property and the type of case.

If domestic abuse is involved, evidence may be needed. GOV.UK states that you do not have to get evidence before talking to a legal adviser, but the adviser will need to see it before deciding whether you can get legal aid.

Evidence may include information from:

• the police
• the court
• a health professional
• a refuge manager
• a domestic abuse support service
• a MARAC
• children’s services
• your bank, employer or education provider where relevant

If gathering evidence could put you or someone else at risk, do not try to obtain it without advice. A solicitor can explain what evidence may be accepted and how to approach this safely.

Step 3 – Your solicitor applies to the Legal Aid Agency

If your case appears eligible, your solicitor can prepare and submit the legal aid application. The Legal Aid Agency may then consider the application and decide whether funding can be granted.

In urgent cases, your solicitor can explain whether emergency legal aid may be available. This may be relevant where a protective order or urgent family court application is needed.

National Legal Service Solicitors supports people with family law, care proceedings, domestic abuse, child arrangements, legal aid and children’s services involvement. Our legal aid solicitors can help you understand whether legal aid may be available and what practical steps may follow. Advice is confidential and focused on helping you make informed decisions during a difficult family situation.

NLS can help with:

• legal aid eligibility checks
• domestic abuse legal aid
• care proceedings legal aid
• child arrangements legal aid
• evidence for domestic abuse cases
• emergency protective order funding
• applications to the Legal Aid Agency
• related family law advice

A solicitor can explain your options based on your circumstances and whether public funding may be available.