Applying For Legal Aid: Family Law Edition

Legal aid is a government scheme that helps people pay for legal advice, family mediation, and representation in a court or tribunal. To apply for legal aid, you must first check if your legal problem is covered by legal aid and whether you are financially eligible. If you are experiencing domestic abuse, you will need to gather evidence to support your claim. Once you have checked your eligibility, you will need to find a solicitor who can apply for legal aid on your behalf. It is important to note that legal aid has different rules in Scotland and Northern Ireland.

Check if your legal problem is covered by legal aid

To check if your legal problem is covered by legal aid, you must determine if it falls within the scope of legal aid, and if you meet the financial and merit-based criteria for eligibility.

Scope

For family law, public law proceedings and the representation of children are typically within scope. Private family law cases involving children are also covered if there are issues of domestic abuse or child abuse, and specific evidence is provided.

Means Test

The means test assesses your financial eligibility. You must be on a low income, with limited savings, and few assets to qualify for legal aid. This includes any property or valuable items you own. You can use the calculator on the Gov.UK website to check your financial eligibility.

Merits Test

The merits test (for civil legal aid) evaluates the merits of your case, including the likelihood of success, the reasonableness of costs, and the benefit to the client. A solicitor can help you determine if your case meets the merit criteria.

• Seeking mediation to resolve problems with your ex-partner, such as arrangements for children or finances.
• Obtaining a court order (injunction, non-molestation order, or occupation order) to protect yourself from an abusive ex-partner or family member.
• Legal advice regarding divorce, finances, or child arrangements if you have suffered or are at risk of domestic abuse.
• Cases involving child abuse or risk of abuse by the other party involved.
• Preventing a forced marriage.
• Cases involving social services and the care, supervision, or protection of your children.
• International child abduction or retention cases.
• Ensuring international or European agreements regarding children or maintenance are enforced.

Evidence of domestic abuse

To apply for legal aid in family law, you must meet certain criteria. Firstly, your case must fall within the scope of legal aid, which typically includes public law proceedings and the representation of children. Secondly, you must undergo a means test to assess your financial eligibility, and finally, a merits test will be conducted to evaluate the merits of your case, including the likelihood of success and the benefit to you.

If you are seeking legal aid due to domestic abuse, you must provide evidence to support your claim. You don't need to obtain evidence before consulting a legal aid solicitor or Civil Legal Advice (CLA), but they will need to see it before determining your eligibility for legal aid. Here is a detailed guide on the types of evidence you can provide:

• Arrest or Police Caution: Provide evidence that the perpetrator (referred to as 'B' in legal terms) has been arrested or received a police caution for a relevant domestic violence offence. This should include their name and the nature of the offence.
• Criminal Proceedings: If there are ongoing criminal proceedings against the perpetrator for a domestic violence offence, provide evidence naming them and detailing the charges.
• Conviction for a Domestic Violence Offence: Share any records or documents showing that the perpetrator has been convicted of a domestic violence offence against you or another person with whom they were in a family relationship.
• Domestic Violence Protection Notice: A Domestic Violence Protection Notice (DVPN) is an emergency order issued by the police to protect victims of domestic violence. Provide a copy of this notice if it has been served to the perpetrator.
• Police Bail: If the perpetrator is on police bail for a domestic violence offence against you, you can evidence this with a copy of the charge sheet or formal written confirmation from the police or the Crown Prosecution Service.
• Protective Injunction: Provide a copy of any protective injunction, such as a restraining order, obtained against the perpetrator naming you or another person in a family relationship with them as the protected party.
• Finding of Fact: Share any judgement or court document confirming that a court has found the perpetrator to have committed domestic violence. This could be in relation to you or another individual in a family relationship with them.
• Expert Report: An expert report produced as evidence for a court or tribunal can confirm that you or someone in a family relationship with the perpetrator was assessed as a victim of domestic violence. This report could be from a qualified professional, such as a report from the Children and Family Court Advisory and Support Service (Cafcass or Cafcass Cymru).
• Letter from a Health Professional: A letter or report from a health professional, such as a doctor, nurse, midwife, psychologist, or health visitor, stating that they have examined you and found injuries or conditions consistent with being a victim of domestic violence.
• Multi-Agency Risk Assessment Conference (MARAC): A letter from a MARAC or local safeguarding forum member confirming that you or someone in a family relationship with you is at risk of harm from domestic violence by the perpetrator.
• Letter from an Independent Domestic Violence Advisor (IDVA): This letter should confirm that an IDVA is providing you with support and name you as the victim.
• Letter from an Independent Sexual Violence Advisor (ISVA): Similarly, a letter from an ISVA should confirm their support relating to sexual violence by the perpetrator and, if possible, name you as the victim.
• Letter from a Local Authority or Housing Association: An officer employed by a local authority or housing association can provide a letter stating their professional judgement that you or someone in a family relationship with the perpetrator is a victim of or at risk of domestic violence. The letter should also describe the specific matters relied on to support this judgement and the support provided.
• Letter from a Domestic Violence Support Service: This letter should confirm that the organisation is situated in England and Wales, has been operating for at least six months, and has provided you with support as a victim of or someone at risk of domestic violence. It should also include a statement detailing the specific matters relied on to support this judgement and the support provided.
• Refuge Refusal due to Domestic Violence: A letter or report from a domestic violence support service confirming that you or someone in a family relationship with the perpetrator was refused admission to a refuge due to allegations of domestic violence. This evidence should include the date of refusal and the reason for seeking refuge.
• Financial Abuse Evidence: While there is no prescribed type of evidence for financial abuse, you can refer to the Home Office's guidance, "Controlling or Coercive Behaviour in an Intimate or Family Relationship," for examples. This may include bank statements, text messages, or other relevant documentation.

Remember, you only need to provide one piece of evidence, so choose the option that is most feasible and cost-effective for you. If you already have a domestic abuse support worker, they may be able to provide you with the quickest and most affordable evidence.

Check financial eligibility

To check your financial eligibility for legal aid, you must assess your income, benefits, savings, property, and shares. You will also need to provide the same information about your partner, if you have one. You can use the calculator on the government website to check your financial eligibility.

To get legal aid, you must be on a low income and have little in the way of savings or other assets, such as property or valuable items. If you have a new partner, their income will also be considered when determining your eligibility. There are strict limits on the amount of income or savings you can have to qualify for legal aid. A solicitor can explain these limits and determine your eligibility. If your case involves domestic abuse, you may be able to obtain legal aid even if you exceed the income or savings limits, but you will likely have to pay a monthly contribution.

When applying for legal aid, you will need to provide financial evidence, including bank statements, pay slips, letters outlining your benefits, and evidence of rent or mortgage payments, childcare expenses, and maintenance payments. It is crucial to gather all the required evidence and submit it to your solicitor, as applications may be delayed or rejected without the correct information.

Find a solicitor with a legal aid contract

Once you have determined that your case falls within the scope of legal aid and that you are financially eligible, the next step is to find a solicitor with a legal aid contract.

You can search for a legal adviser with a legal aid contract in England and Wales. Solicitor Finder tools are available online, where you can search for registered solicitors by name, location, or legal aid type. The solicitor must apply for funding from the Legal Aid Agency, and you may be required to submit documents to the agency within certain time frames.

It is important to note that even if a solicitor is registered for legal aid, they can decide whether or not to take on your case. The solicitor will need to help you fill in the forms or apply online, gather the necessary evidence, and complete any applicable checklists. They will also need to submit the application to the Legal Aid Agency, either electronically or through paper forms.

If your application is approved, the Legal Aid Agency will issue a legal aid certificate, outlining the amount of money you can spend on your case and the type of legal aid granted. Any changes in your circumstances must be reported to the agency.

Apply for legal aid through a solicitor

You can only apply for legal aid through a solicitor. It is really important to find a solicitor that specialises in family law. The best place to start is by looking at Resolution—the leading organisation for family lawyers who believe in a constructive, non-confrontational approach to family law problems. You can search for a family law solicitor in your area. Only certain firms of solicitors do legal aid work now. If you look on the Resolution site, you can see which solicitors near you do legal aid—look for the green tick next to the words 'Accepts legal aid' below their name.

When you book your appointment with a solicitor to see if you can get legal aid, you should be told exactly what you need to take. To show what your financial situation is, you will usually need some or all of the following:

• Bank statements for all bank accounts in your name and with anyone else for the last three months
• Payslips for the last three months
• An up-to-date letter setting out your benefits
• Evidence about the rent or mortgage you pay, if this isn’t clear from your bank statements
• Evidence about what you pay out in childcare, if this isn’t clear from your bank statements
• Evidence about what you pay out in maintenance or receive as maintenance, if this isn’t clear from your bank statements

The solicitor will work out if you can get legal aid for your particular problem and make sure they have all your evidence so that they can apply for legal aid for you. The rules about all the financial evidence you need to apply for legal aid are very strict. Without the right evidence, the solicitor will not be able to help you get legal aid. So, it is really important to get everything the solicitor asks for, as quickly as you can. The solicitor can only start work for you under legal aid once they get a letter from the government saying you are entitled to legal aid. This can take some time, unless the solicitor thinks they can apply for emergency funding for you.

Try to be organised and patient. Be aware that if you do get legal aid, it might not cover all the costs of your case. Depending on your financial circumstances, you may need to:

• Pay some of the costs upfront. This could be out of your income each month or from any savings you have.
• Pay back some of the costs at the end of your case if you get money or property from your case.

Frequently asked questions