Legal Aid

We can assess if Legal Aid is available to you

In April 2013 there was a substantial change in the entitlement to Legal Aid, meaning many people who were eligible for Legal Aid prior to April 2013 are no longer eligible.

Since April 2013 for representation in a private (not care proceedings) case the Applicant for Legal Aid must be a victim of domestic abuse from the opponent in the case.

In order to satisfy the Legal Aid Agency that you are a victim of domestic abuse you must provide one of the following pieces of information:

Evidence of arrest of the opponent for a domestic violence offence against you.
A relevant police caution against the opponent for a domestic violence offence against you.
Ongoing domestic violence criminal proceedings where the opponent has been abusive towards you.
Relevant conviction of your opponent for a domestic violence offence against you.
Your opponent is subject to a “bind overs” connected with a domestic violence offence against you.
Your opponent has been given a domestic violence protection notice (DVPN) in respect of domestic violence against you.
You have obtained a relevant protective injunction/non molestation order against your opponent.
Your opponent has given an undertaking in family law act/injunction proceedings to protect you.
A finding of fact in a civil court that the opponent has been violent towards you.
An expert report provided as evidence for a court that you have been a victim of domestic abuse from your opponent.
A letter or report from an appropriate health professional that you have been the victim of domestic abuse and that this health professional observed the injuries caused as a result.

A letter from an appropriate health professional referral to a domestic violence support unit service that you are a victim of domestic abuse from your opponent.
Notes of a multi-agency risk assessment conference (MARAC) or other local safeguarding forum recording you are a victim of domestic abuse from your opponent.
A letter from an independent domestic violence advisor/advocate such as Choices or DAVSS
A letter from an independent sexual violence advisor or advocate. recording you are a victim of domestic abuse from your opponent.
A letter from a Local Authority or Housing Advisor recording you are a victim of domestic abuse from your opponent.
A letter from an organization providing domestic violence support services recording you are a victim of domestic abuse from your opponent.
A letter from an organization providing domestic violence support recording you are a victim of domestic abuse from your opponent.
A letter from public authority recording you are a victim of domestic abuse from your opponent
Permission to remain in the UK under the immigration rules.
Financial abuse which may need to be set out in the form of a statement.

In addition, for children matters there is other criteria that can be met to assist:

Your opponent has been arrested for a child abuse offence.
Your opponent has a relevant police caution for a child abuse offence.
Your opponent is subject to ongoing criminal proceedings for a child abuse offence.
Your opponent has a relevant conviction for a child abuse offence.
Social services letter or child protection plan detailing concerns of child abuse against your opponent.

If you satisfy the above criteria to show that you a victim of domestic abuse or that your child is at risk, you then still then need to satisfy the Legal Aid agency two-stage as to whether you will be entitled to Legal Aid funding for your case, the first stage is to see whether you are financial eligible for Legal Aid.

Persons who are in receipt of certain benefits namely Universal Credit, Income Support, Employment Support Allowance and Pension Credit are automatically entitled to Legal Aid subject to the capital they have. If you are not in receipt of these benefits, then only persons on a low income are entitled to funding and you are referred to the link below to complete as to whether you are financially eligible for Legal Aid funding.

If you have capital under £3,000 you will be eligible for Legal Aid if your income so allows. If your capital is between £3,000 and £8,000 you will be required to make a contribution equivalent to the difference between £3,000 and £8,000 for the cost of your case, the overall cost would be limited to your actual time spent on your case. If you have capital over £8,000 you will not be entitled to Legal Aid, irrespective of how much you earn or benefits you receive.

The final test to apply is one of the merits of your case, as only a case that the Legal Aid Agency consider is worthy and highly probable of success will receive Legal Aid. We would therefore need to advise on the merits of your case as to whether it is felt there is a need for Legal Aid funding. In cases where your opponent is the perpetrator of domestic violence and is seeking unreasonable orders with the Court, this would be a matter where you would be entitled to funding. There is further guidance on gov.uk regarding Legal Aid however this page does represent a brief overview on the requirements of the Legal Aid process.

One final point we wish to make clear to all clients is that it is vital you comply with all requirements of the Legal Aid agency for provision of financial information. Otherwise your Legal Aid can be stopped at any time, and in some cases the Legal Aid Agency seek the funds of your Legal Aid Certificate from you.

We can assess if Legal Aid is available to you

LEGAL AID

Get in Touch