Legal aid is a political hot potato, with different parts of the legal profession and the Ministry of Justice regularly at odds over how well-funded it is. It’s well beyond the scope of this site to referee that argument, and the only person who’ll really know your situation is a lawyer – so go and get some real advice if you have problems!
The information on this page is based on the law in England & Wales. If you’re in Scotland or Northern Ireland, click here for the guide for your jurisdiction.
Legal aid can help pay for legal advice, family mediation, and representation in court and some tribunals. That can include help with housing, debt, family or education problems, as well as if you’re accused of a crime. You generally can’t get legal aid for most work-related problems, unless you’ve been discriminated against. If you’re a serving prisoner, the prison service publishes its own guidance on how the rules apply to you – see our Legal Aid for Serving Prisoners page.
You could get help with the cost of legal advice, or with someone to negotiate on your behalf. In some cases you could get a solicitor or barrister to represent you in court or at a tribunal. You may have to pay something towards the legal costs of your case, depending on your circumstances.
You might be able to get legal aid for problems like:
• being arrested, questioned or charged by the police
• debt, for example if you’re at risk of losing your home
• housing, for example if you’re being evicted
• family issues, such as mediation if you’re getting divorced
• education, if you disagree with a special educational needs decision about your child
• community care, if you’re unhappy with the care being provided for an older or disabled relative
If you’re arrested and held at a police station, advice from the duty solicitor is free and not means-tested, whatever your income – a police custody officer will help you access it. If you’re charged with a crime or have to go to court, a solicitor will check whether you qualify for legal aid based on a means test and, for criminal cases, the “interests of justice”. As a rough guide, in the Magistrates’ Court you’ll usually qualify automatically if your adjusted annual income is below a set threshold (currently a little over £12,000, though this is reviewed and does change, so always check the current figure); above that, you may still qualify but could have to make a contribution. Crown Court cases work slightly differently, with their own income and capital thresholds, and above a certain household disposable income there’s no eligibility at all. If you’re under 18, or you’re on certain benefits such as Universal Credit, Income Support or income-based Jobseeker’s Allowance, you’ll usually qualify automatically.
If you can’t get legal aid (and in many everyday situations you may still be entitled to some help), all is not lost. You can get free advice from:
• the Law Centres Network
• Citizens Advice
• AdviceNow
• Civil Legal Advice, the government’s own free legal aid helpline
It’s essential that whatever you tell your solicitor about your income and circumstances is complete and accurate, and that you tell them about any changes as they happen. If it turns out you’ve made a false statement or held back information about your case or your circumstances, your legal aid can be stopped, you may have to repay the full cost of the case, and you could even face criminal charges. Most solicitors will check what you’ve told them against records held by the Department for Work and Pensions, councils, employers and other relevant third parties.
REMEMBER: this is a very technical area, and the rules and thresholds change from time to time – so go and speak with an expert, and don’t rely on figures you’ve read anywhere (including here!) without checking they’re still current.
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