If you are fighting a legal case and can’t afford to pay for your legal fees, then you may be entitled to legal aid. Legal aid is in place to make sure that people at risk have equal opportunity when it comes to escaping abusive situations, fighting immigration status, keeping their homes and protecting themselves and their families.
If you think you might be entitled to legal aid, this guide by Crockett & Co Solicitors will help you discover whether you qualify, and how we can help you claim it.
What is legal aid?
Legal aid helps people pay for legal advice and documentation for those who cannot afford private legal services.
It is often provided in cases where legal rights are at stake, like criminal defence, family disputes, housing issues, or immigration cases. Legal aid can also encompass support for victims of domestic abuse.
Who can claim legal aid
To claim legal aid, you will need to show that:
1. Your case is eligible
You can claim legal aid for a civil case. This is a case where you are not being convicted of a criminal charge.
This includes family disputes, your children being at risk of abuse or losing your home.
You can get legal aid if:
- You are at risk of losing your home
- You are protecting yourself or your family from abuse
- You are protecting someone from forced marriage
- You or someone in your family is experiencing poor quality care or neglect
- You are facing discrimination
- You need advice on divorce in an abusive relationship
- You are seeking asylum or have been a victim of human trafficking
Check if you are eligible for legal aid.
2. You can’t afford to pay for legal advice
You will need to provide evidence that you can’t afford to pay for legal advice yourself.
You may be asked for:
- Evidence of your income
- Evidence of benefits you claim
- Your savings information
- The value of your property
- Your partner’s income, benefits and savings
- Your parents income, benefits or savings (if you are under the age of 18)
You do have the right to claim free legal advice regardless of your financial circumstances or the nature of your case. If you are taken to a police station for questioning, you can ask for this while you’re there.
3. The problem puts you at serious risk
You are eligible for legal aid if you meet the points above, and if the problem you’re seeking legal help for puts you at serious risk.
For example, if you or someone in your family is at risk of abuse, you are at risk of losing your home, or you are fighting a case under the Human Rights Act.
Will legal aid cover the full cost of your case?
Legal aid might not cover every cost associated with your case. You may be asked to pay some costs upfront, or pay some of the money back if you win money from your case.
This depends on your case and your personal circumstances, so make sure you know if you need to pay when you speak to a professional about legal aid.
What does legal aid cover?
If you apply for legal aid, it could cover any of the following things:
- Legal advice and guidance
- Help with paperwork
- Help with negotiations
- A solicitor to help with building your case and stand on your behalf in court
Can you claim legal aid in an emergency?
You can claim legal aid in an emergency. For example, if you are in an abusive marriage and need immediate legal council to help you leave your spouse.
You will still need to apply for legal aid, but your legal advisor will apply for Emergency Legal Representation.
At Crockett & Co Solicitors, we believe everyone should be entitled to legal representation and take great pride in being able to provide publicly funded legal advice. When you attend one of our drop in clinics or make an appointment to discuss your case, we are more than happy to help you obtain legal aid funding to provide you with the best chance of fighting for your future.
