Straw & Pearce remain committed to providing legal aid in respect of family matters, when clients are eligible for the same.  Whilst the changes to the provision of legal aid has resulted in fewer people being granted the same, it is still available in certain family circumstances and we are happy to assist you in ascertaining whether you qualify. 

Set out below is some of the key information that may assist you to consider whether you might receive legal aid in your case.

What is family legal aid?

Family legal aid is financial assistance provided by the government to help cover the cost of legal advice, mediation, and representation in certain family law cases. It seeks to ensure that people on low incomes (in England and Wales) can still access justice and get legal help when they need it most (provided they also meet the other relevant criteria).

There are two types of legal aid;

1. Legal help (or controlled work) which allows a solicitor to give initial advice and assistance limited to the circumstances but, does not permit the issuing of or representation in court.

2. Legal aid (or family higher work) which allows the issuing of court applications and representation in court as an applicant or respondent to an court application.

What types of family matters does legal aid cover?

You may be eligible for legal aid in cases involving:

• Domestic abuse or violence – including applications for protective injunctions.
• Child protection – where social services are involved or a child is at risk of harm.
• Child arrangements – where there is evidence of domestic abuse or risk to the child from the other party.
• Care proceedings – where a local authority is seeking to remove a child from your care.
• Divorce and financial disputes – in limited cases where there is evidence of abuse or risk.
• Forced marriage and FGM protection

Who qualifies for family legal aid?

The qualifying test is a two-stage test:

1. Financial Eligibility (Means Test)
   • Your income, savings, and property are assessed.
   • There are special rules if you receive certain benefits (e.g. Universal Credit, Income Support or guaranteed pension credit).
2. Case Type and Evidence (Merits Test)
   • Your case must meet legal aid criteria – for example, involving domestic abuse or child protection and your case must have case merit.
   • You will need to provide supporting evidence (such as police reports, medical letters, or social services documents). The legal aid agency are very precise in the level of evidence required to meet this criteria. The following link will navigate you to a summary of the type of evidence required: www.gov.uk/legal-aid  

Care proceedings legal aid

Legal aid is automatically available to a person with parental responsibility if the Local Authority issue care proceedings or if they invite you to a pre proceedings meeting. You are entitled to free and independent legal advice and representation regardless of your financial circumstances.

Legal aid is also available to parents, subject to your income and capital, if you need legal advice about child protection concerns. Legal aid may be available to other family members depending on the circumstances. If you contact us we can assess your eligibility for legal aid.

How to apply for legal aid

We can help you check your eligibility and submit an application; however this will require you to provide specific evidence (we will confirm the exact information required in your case) which confirms:

• Proof of income and savings.
• Evidence of benefits (if applicable).
• Any documents that support your case (such as court papers, correspondence from social services, or evidence of abuse).

We will handle the application process directly with the legal aid agency to ensure your case progresses smoothly.  Please note however an application for full legal aid can take time and only in specific circumstances can we expedite this.

What if you don’t qualify for legal aid?

If you do not meet the criteria, we can still offer:

• Fixed-fee consultations for clear, affordable advice.
• Fixed fee work if it is a limited piece of work required, however this is offered at our discretion.
• Mediation services that may reduce overall costs.

Whether you are in receipt of legal aid or a privately paying client, you will still receive the same level of service from Straw & Pearce and benefit from the expertise of our staff, which include accredited family solicitor specialists in child law, domestic abuse, and care proceedings.

Get in touch with the Straw & Pearce team today to find out more.