Your Rights to Legal Aid
Legal aid provides government funding so that people who cannot afford a solicitor can still access justice. Since LASPO 2012 significantly cut the scope of legal aid, it is no longer available for most civil cases — but it remains available for many criminal cases, family cases involving domestic violence or child protection, immigration and asylum, housing, and mental health.
Last updated: 2026-03-08
Your Rights
Right to Criminal Legal Aid
If you are accused of a criminal offence and cannot afford a solicitor, you can apply for criminal legal aid. This covers advice at the police station (always free, regardless of means) and representation at court (subject to a means test for Crown Court cases).
Right to Civil Legal Aid (If In Scope)
You can get civil legal aid if your case is within scope AND you pass both the means test and merits test. In-scope cases include: family (domestic violence, child protection), immigration (asylum), housing (homelessness, disrepair, possession), mental health, community care, and discrimination.
Right to Exceptional Case Funding
If your case is out of scope but refusing legal aid would breach your rights under the ECHR or retained EU law, you can apply for Exceptional Case Funding (ECF) from the Legal Aid Agency.
Right to Free Advice at the Police Station
If you are arrested or voluntarily attend a police station for interview, you have the right to free legal advice from the duty solicitor. This is not means-tested — everyone qualifies regardless of income.
Common Myths
Legal aid has been completely abolished
Legal aid still exists for many types of cases. It has been reduced since 2012 but remains available for criminal cases, family (domestic violence), immigration (asylum), housing, and mental health.
If you own your home, you can't get legal aid
The means test for legal aid takes into account your equity in your home but applies a mortgage disregard. Many homeowners qualify, especially for in-scope family and housing cases.
Legal aid solicitors are not as good as private solicitors
Legal aid solicitors must meet the same professional standards and are regulated by the SRA. Many of the most experienced specialists in family, immigration, and criminal law work under legal aid contracts.
What To Do
Check if your case qualifies
Use the GOV.UK legal aid checker at gov.uk/check-legal-aid to see if your problem type is in scope.
Find a legal aid provider
Use the 'Find a legal aid adviser' tool on GOV.UK. You can also contact your local Citizens Advice or Law Centre.
Gather financial evidence
You will need proof of income, savings, and capital. If you receive passporting benefits, you automatically pass the means test.
Apply for Exceptional Case Funding if out of scope
If your case is not in scope but involves human rights issues, ask a solicitor to help you apply for ECF.
Key Legislation
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Criminal Legal Aid (General) Regulations 2013
- Civil Legal Aid (Merits Criteria) Regulations 2013
- Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013