Legal aid is a system of government funding designed to help people who cannot afford the cost of legal advice, mediation, or representation in court. It ensures that access to justice is not determined solely by a person’s financial means, and that individuals facing serious legal issues are able to obtain professional legal support regardless of their income.
In England and Wales, legal aid is administered by the Legal Aid Agency (LAA), an executive agency of His Majesty’s Government. It operates under the framework established by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which came into force on 1 April 2013 and significantly changed the scope of publicly funded legal work.
Legal aid is not available for every type of legal problem. It is means-tested (based on your financial circumstances) and merits-tested (based on the strength and nature of your case). Understanding whether your situation qualifies and how to access the right support, is an important first step.
How does legal aid work?
Legal aid works by funding legal services on behalf of eligible individuals, either in full or in part. It is the system of public funding to help meet the costs of legal advice and, in some cases, representation in court or at a tribunal, administered in England and Wales by the Legal Aid Agency. The provision of civil legal aid is separate to that of criminal legal aid, and each is assessed differently in terms of eligibility.
There are broadly two types of legal aid funding:
Legal Help covers initial advice and assistance with a legal problem, without representation in court. This is the most basic level of support.
Legal Representation covers representation in court or tribunal proceedings, either through a Controlled Legal Representation certificate (for lower-level tribunal matters) or a Full Civil Representation certificate (for more complex court cases).
In both cases, the Legal Aid Agency assesses whether the individual’s case falls within the permitted scope of legal aid and whether the applicant meets the financial eligibility requirements.
What types of cases does legal aid cover?
In order for an applicant to potentially be eligible for civil legal aid, their case needs to come within the types of legal dispute listed in part 1 of schedule 1 to LASPO.
The following categories remain within scope.
Family law and domestic abuse
Legal aid is available for certain family law matters, particularly where there is evidence of domestic abuse or risk of harm. LASPO took most private law children and family proceedings out of scope for legal aid, but made provision for legal aid to continue to be available where there is evidence of domestic abuse — often called the domestic violence gateway. This includes applications for non-molestation orders, occupation orders, and other protective measures. Our dedicated page on domestic abuse legal help explains more about the protection available.
Children and care proceedings
Legal aid remains fully available for public law family cases, including care proceedings where a local authority is seeking to remove a child, or where there are serious safeguarding concerns. This is an area where legal representation is particularly important, and legal aid ensures that parents and carers can access professional support regardless of their financial position.
Criminal law
Criminal legal aid covers defence representation in criminal proceedings, from the police station through to Crown Court trials. Eligibility rules differ from civil legal aid, and representation is generally available where a person is at risk of losing their liberty, their livelihood, or their reputation.
Immigration and asylum
Legal aid is available for asylum seekers and certain immigration matters, including cases involving unlawful detention. Workload that remains in the immigration category consists largely of asylum-related work.
Housing and debt
Legal aid may be available for housing matters where a person faces the loss of their home, including possession proceedings and unlawful eviction. Some debt matters where there is a risk of serious harm may also qualify.
Mental health
Legal aid is available for mental health tribunal proceedings, covering representation for those detained under the Mental Health Act. This includes hearings before the First-tier Tribunal (Mental Health). For further information about decision-making for people who lack mental capacity, see our page on the Court of Protection.
Who is eligible for legal aid?
Eligibility for legal aid depends on two separate assessments: the means test (your financial circumstances) and the merits test (the nature and strength of your case). Both must be satisfied for most types of legal aid.
The means test
The means test assesses your income and capital to establish whether you qualify financially. For civil legal aid, a financial means assessment reviews your gross income, disposable income, and disposable capital assets. The main eligibility thresholds from 7 April 2025 are: gross monthly income must not exceed £2,657, disposable monthly income must not exceed £733, and disposable capital generally must not exceed £8,000.
However, there are important exceptions. The Legal Aid Agency waives all upper eligibility limits if the client is applying for legal aid for an order for protection from domestic abuse or forced marriage, though a contribution may still be required.
This means that even those who would not ordinarily qualify financially may be able to access legal aid in urgent domestic abuse cases.
The merits test
The merits test assesses whether the case itself justifies public funding. Legal aid is means and merits-tested in the majority of cases, meaning it is generally only available to those who fall below a certain level of income and in cases where there is over a 50% prospect of success.
The merits criteria vary depending on the type of case, and a qualified legal aid lawyer will be able to advise whether your matter is likely to satisfy the relevant test.
Passporting benefits
If you receive certain means-tested benefits — such as Universal Credit, Income Support, or income-based Jobseeker’s Allowance — you may automatically pass the income means test. This is known as “passporting.” You would still need to satisfy the capital test and the merits test.
How to apply for legal aid
Legal aid is not applied for directly from the Legal Aid Agency by individuals. Instead, you must instruct a lawyer who holds a legal aid contract with the Legal Aid Agency for the relevant area of law. That lawyer will submit the application on your behalf.
The steps involved are typically as follows: first, identify a lawyer who offers legal aid for your type of case. Not all law firms hold legal aid contracts, so it is important to check in advance. Second, attend an initial consultation where your lawyer will assess the nature of your case and your financial circumstances. Third, gather the documents required to support the application — these may include evidence of income, savings, and (where relevant) evidence of domestic abuse or other risk factors. Fourth, your lawyer submits the application to the Legal Aid Agency. If approved, funding is granted and work on your case can proceed.
The gov.uk tool, Find a legal aid adviser or family mediator, is a database of professionals that can be searched by postcode, firm or organisation name, and case type.
This is the recommended starting point for locating a legal aid provider in your area.
What is the Legal Aid Agency?
The Legal Aid Agency (LAA) is an executive agency of His Majesty’s Government, operating within the Ministry of Justice. It is responsible for administering both civil and criminal legal aid in England and Wales, assessing applications, granting certificates, contracting with providers, and managing public funds spent on legal aid. The LAA replaced the Legal Services Commission in April 2013 when LASPO came into force.
What is the Civil Legal Advice service?
An individual may be able to get free assistance from the government’s Civil Legal Advice (CLA) service if their case is within scope and they qualify financially.
Civil Legal Advice (CLA) is a telephone and online service providing free, confidential legal advice for people in England and Wales who qualify for legal aid. It covers areas including debt, housing, discrimination, and education. You can reach the CLA helpline on 0345 345 4 345.
Legal aid and domestic abuse
Domestic abuse is one of the most significant remaining areas where civil legal aid is available. Legal aid for domestic violence cases represents one of the few remaining areas where comprehensive legal funding is available following significant cuts to civil legal aid in 2013. This protection recognises that domestic abuse victims often face unique barriers to accessing justice, including financial control by abusers, safety concerns, and the urgent nature of protection needs.
Legal aid for domestic violence extends to various family law matters where abuse is a factor: non-molestation orders, occupation orders, prohibited steps orders, emergency protection orders, forced marriage protection orders, and child living arrangements.
Applications for civil representation supported by evidence of domestic violence or child abuse increased by 26% in January to March 2025 compared to the same period the previous year, and certificates granted via the domestic violence and child abuse gateway increased by 19% over the same period.
To access legal aid via the domestic abuse gateway, applicants must provide appropriate supporting evidence of abuse, which may include police reports, GP records, referral letters from support organisations, court orders, or statements from independent domestic violence advisers (IDVAs).
Please note that JC Solicitors is not able to offer assistance with legal aid. If you need a legal aid provider, you can search for one at gov.uk/find-a-legal-aid-adviser or call Civil Legal Advice on 0345 345 4 345. For information on the protective orders available and the legal process, see our domestic abuse solicitors page.
Legal aid and family law
If you are dealing with a legal issue in relation to a family law matter but cannot afford to pay for the legal costs, you might be eligible for legal aid. This can help to cover the cost of legal advice, mediation, and representation in court proceedings in England and Wales.
However, it is important to understand that legal aid is not available for all family law matters. Since LASPO came into force in 2013, most private family law proceedings — including straightforward divorce, financial disputes on divorce, and child arrangements — are no longer within scope, unless domestic abuse or child safety concerns are present.
Areas of family law where legal aid may be available include: cases involving evidence of domestic abuse or coercive control, public law care proceedings involving children, cases involving forced marriage or female genital mutilation (FGM), some mediation services, and certain legal separation proceedings where there is a risk of harm.
For family law matters that fall outside the scope of legal aid, there are alternative approaches available. Mediation and collaborative law are often significantly more cost-effective than contested court proceedings and may be suitable options for many families.
What happens if I am not eligible for legal aid?
If you do not qualify for legal aid, whether because your case falls outside the permitted scope or because you do not satisfy the means test, there are several alternative ways to fund legal advice and representation.
A Conditional Fee Agreement (CFA), commonly known as no win no fee, may be available for certain types of cases, particularly personal injury and employment matters. Under this arrangement, the lawyer only charges a fee if the case is successful.
Fixed fee arrangements allow you to obtain legal advice for a set, agreed price, giving clarity on costs from the outset. Many law firms, including JC Solicitors, offer fixed fees for defined services such as Will drafting and estate planning.
Unbundled legal services allow you to instruct a lawyer for specific, discrete tasks — such as reviewing a document or advising on one aspect of a case — rather than the whole matter. This can significantly reduce costs while still ensuring you receive professional legal input.
Pro bono services are free legal services offered voluntarily by lawyers to those who cannot afford professional fees. Organisations such as LawWorks and Citizens Advice may be able to help in appropriate cases.
Book a free initial consultation with JC Solicitors to discuss your circumstances and explore the options available to you.
How much does legal aid cost?
If you are granted legal aid, the Legal Aid Agency funds your legal costs in full or in part. In some cases, you may be required to make a contribution towards the cost, based on your financial assessment. The amount of any contribution depends on your disposable income and disposable capital.
In certain civil cases where you succeed and recover money or property, you may be required to repay some or all of the legal aid costs from those proceeds. This is known as the statutory charge, and it operates as a debt owed to the Legal Aid Agency, which may be secured against property recovered in the proceedings.
For criminal legal aid, a means test also applies, and some defendants may be required to contribute towards the cost of their representation.
What is exceptional case funding?
Legal aid may be available in other exceptional circumstances through an application to the exceptional case funding team.
Exceptional case funding (ECF) is a route by which individuals whose cases fall outside the standard scope of legal aid may still be able to obtain funding. It is typically relevant where a failure to provide legal aid would breach a person’s rights under the Human Rights Act 1998 or EU law. Applications for ECF are considered by the Legal Aid Agency on a case-by-case basis.
Get in touch with JC Solicitors
We guide clients through legal processes with clear advice and practical next steps. If you’re not sure where to start, you can browse our legal services. Please note that JC Solicitors is not able to offer assistance with legal aid. However, our team can advise on the legal options available to you, whether or not legal aid applies to your situation. Book a free initial consultation with our team in Portsmouth, Chichester, or Alton. If you’d like to speak to the team, you can contact JC Solicitors, and we will get back to you as soon as possible.
