申请法律援助
如何检查资格并申请民事和刑事案件的法律援助。
概述
Legal aid provides public funding for legal advice and representation to people who cannot afford to pay for it. The scheme is administered by the Legal Aid Agency (LAA) and governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Since LASPO came into force in April 2013, the scope of civil legal aid has been significantly reduced. Legal aid is still available for certain categories including family (domestic violence, child protection), housing (homelessness, disrepair), immigration (asylum), mental health, and community care. Criminal legal aid remains broadly available.
谁可以使用此程序
- Your legal problem falls within the scope of legal aid (Schedule 1, LASPO 2012)
- You meet the financial eligibility criteria (means test — income and capital thresholds)
- Your case has sufficient merit (merits test — reasonable prospects of success)
- For criminal legal aid: the 'interests of justice' test applies
逐步流程
Check if Your Problem Is Covered
Legal aid is only available for problems within the scope of LASPO 2012. Check whether your issue falls within a covered category: family law (domestic abuse, child protection, forced marriage), housing (homelessness, serious disrepair, possession proceedings), debt (where the home is at risk), immigration (asylum), mental health, community care, discrimination, or judicial review.
- Use the Gov.uk legal aid checker tool online
- If your problem is out of scope, you may qualify for an 'exceptional case funding' grant if refusal would breach your human rights
Find a Legal Aid Provider
You must instruct a solicitor or legal adviser who holds a legal aid contract with the LAA. Not all solicitors do legal aid work. Use the Gov.uk 'Find a legal aid adviser' tool to search by area of law and location.
- Law centres and Citizens Advice offices often provide initial legal aid advice
- Some areas have very few legal aid providers — this is known as a 'legal aid desert'
Complete the Means Assessment
Your solicitor will help you complete the means assessment. This involves providing evidence of your income (wages, benefits, pensions), capital (savings, property, investments), and expenses. There are separate thresholds for income and capital. If you receive certain passporting benefits (Universal Credit, Income Support, etc.), you may automatically qualify.
- Gather payslips, bank statements, benefit letters, and mortgage/rent details
- Capital over the upper threshold (currently £8,000 for most civil cases) will disqualify you
- A contribution may be required if your income is above the lower threshold but below the upper threshold
Merits Assessment
For civil legal aid, your solicitor must also demonstrate that your case has sufficient merit. This means a reasonable prospect of success and that the likely costs are proportionate to the likely benefit. Your solicitor submits the application to the LAA with supporting evidence.
- Emergency legal aid (emergency certificates) can be granted quickly in urgent cases
- The merits test is less stringent for initial advice than for full representation
Legal Aid Certificate Issued
If approved, the LAA issues a legal aid certificate specifying the scope of the work covered. Your solicitor can then carry out the funded work. The certificate may have conditions or limitations (e.g., covering only advice, not representation at a hearing).
- The certificate may need to be amended if the scope of your case changes
- You may be required to pay a contribution from income or capital — this will be specified
费用
重要警告
The statutory charge means the LAA may recover the cost of your legal aid from any property or money you recover in the case.
Legal aid is means-tested — if your financial circumstances change, you must notify your solicitor immediately.