Legal aid for civil court case

Hello there! I am Gemma, your friendly legal assistant at Lawyer Destroyer. I would be happy to explain how civil legal aid works in England and Wales.

The short answer is that yes, you can get legal aid for some civil court cases, but the rules are very strict. Over ten years ago, the law changed to remove legal aid for many common legal problems. This means it is now usually kept for cases that involve serious issues like a risk of losing your home, your liberty, or your personal safety.

Types of cases usually covered:

Legal aid is still available for certain serious situations. For example, you might get help if you are facing eviction and could become homeless, if you need protection from domestic abuse, or if social services are trying to take your children into care. It can also cover things like discrimination, mental health tribunals, asylum cases, and some challenges to decisions made by public bodies.

Types of cases usually not covered:

For most everyday civil disputes, legal aid is no longer available. This usually includes claiming compensation for a personal injury, general disputes with an employer, arguments over property boundaries, ordinary debt problems, or getting a divorce when there has been no domestic abuse.

How to qualify:

If your case is the type of problem that legal aid covers, you then have to pass two tests to prove you are eligible.

1. The means test. This looks at your finances. Your income and savings must be below a certain limit. If you own your home, the equity in it might also be counted. If you receive certain benefits like Universal Credit or Income Support, you will usually pass the income part of this test automatically, but your savings and basic assets are still checked.

2. The merits test. This looks at the details of your case. The Legal Aid Agency will check if you have a legally strong chance of winning and if the cost of funding your case is reasonable compared to what you are trying to achieve.

There is also a safety net called Exceptional Case Funding. If your legal problem does not normally qualify for legal aid, you might still get funding if you can show that your basic human rights would be breached if you were forced to go to court without a lawyer. This is quite difficult to prove, but it is an important option in complex cases.

Practical next steps:

1. Use the official online checker. The quickest way to see if you might qualify is to use the check if you can get legal aid tool on the government website, Gov.uk. It will ask you a few simple questions about your problem, your income, and your savings to give you a quick indication.

2. Contact a legal aid solicitor. If the online checker suggests you might qualify, you will need to find a solicitor who does legal aid work in that specific area of law. Not all law firms offer legal aid. You can search for one on the Law Society website or through the Gov.uk legal adviser directory.

3. Check your other options. If you find out that you cannot get legal aid, do not let it worry you too much, as there are other ways to fund a case. Check your home or car insurance policies, or even any trade union memberships, as these often include free legal expenses cover. Alternatively, you might be able to find a solicitor willing to take your case on a no win, no fee agreement.

4. Look for free support. Charities like Citizens Advice or your local Law Centre can often provide guidance, and organisations like Advocate can sometimes help you find a barrister willing to work for free if you end up having to represent yourself.

I hope this helps you understand your options. Please feel free to ask if you want to talk about a specific type of case in more detail!