Legal aid explained: who qualifies and what it covers

Legal aid helps people who cannot afford legal advice or representation. It is funded by the government and run by the Legal Aid Agency. Since 2013, legal aid for many civil matters has been restricted, but it is still available in a range of important situations.

Criminal legal aid

• At the police station, everyone is entitled to free and independent legal advice, regardless of income. See our guide to your rights at the police station.
• In the magistrates' court, legal aid depends on an "interests of justice" test (for example, whether you could lose your liberty or livelihood) and a means test.
• In the Crown Court, if you pass the interests of justice test you will usually get legal aid, but depending on your means you may have to pay contributions from your income or capital.

Civil and family legal aid

For non-criminal matters, legal aid is generally limited to cases where your home, liberty, safety or family life is at serious risk. Examples include:

• family cases where there is evidence of domestic abuse or child abuse;
• care proceedings, where parents with parental responsibility get legal aid without a means or merits test;
• family mediation, including the first Mediation Information and Assessment Meeting (MIAM), if you qualify;
• housing cases involving eviction, homelessness or serious disrepair;
• debt problems where your home is at risk;
• Mental Health Tribunal representation, which is not means tested;
• asylum and some other immigration cases, such as those involving trafficking or detention;
• discrimination cases, special educational needs, community care and some judicial review cases.

The means test

For most civil cases you must show that your disposable income and capital are below set limits. If you receive certain means-tested benefits, you may automatically pass the income part of the test. Depending on your finances, you may have to pay a contribution. The limits change from time to time, so use the GOV.UK legal aid checker for an up-to-date answer.

The merits test

The Legal Aid Agency also considers whether your case has a reasonable chance of success and whether the likely benefit justifies the cost. Your solicitor will assess this and make the application for you.

Repaying legal aid: the statutory charge

If you recover or keep money or property in a civil case that was funded by legal aid, for example a share of the family home, you may have to repay some or all of your legal costs from it. This is known as the statutory charge. Your solicitor must explain it to you.

How to find a legal aid solicitor

Only firms with a contract from the Legal Aid Agency can provide legal aid. Use our directory to find specialists in your area, then ask whether they do legal aid work. You can also use the GOV.UK "Find a legal aid adviser" tool, or call Civil Legal Advice for help with some types of problem.