Legal Update: In a Nutshell - Legal aid

What is legal aid?
The legal aid system provides a means by which those facing a legal dispute may have all or part of the legal expenses paid for by the government via the Legal Services Commission. The cuts to legal aid make it important to consider the changing criteria by which someone can claim legal aid for a family
law dispute.

Does my case qualify for legal aid?
From April, only public law care proceedings, injunction applications, and family law cases where there is domestic violence will fall “in scope” (i.e. qualify) for legal aid. Family cases concerning divorce, arrangements for children, and where there is no domestic violence will not qualify.

My case falls in scope but am I eligible for legal aid?
To be eligible there needs to be a reasonable chance of winning your case and there must be a sufficient chance of success.
You will qualify for legal help, family mediation, and help in court if you or your partner receives:

• Income support; or
• Income-related employment and support allowance; or
• Income-based jobseeker’s allowance; or
• The guarantee credit part of pension credit.

If not receiving these benefits then you can still qualify if your gross monthly income does not exceed £2,657. If you have more than four children, this limit increases by £222 for each additional child. If you meet these conditions, then your monthly disposable income must not exceed £733. Finally, your savings must not exceed £8,000.

The conditions of eligibility for legal representation are similar. You will qualify if you or your partner receives the benefits listed above. The same conditions relating to gross monthly income, disposable income, and savings apply. You may have to contribute to the costs of your legal representation if your savings exceed £3,000 or if your disposable monthly income exceeds £315. You will not have to contribute if you receive one of the benefits above. Your partner’s income and savings are taken into account unless they are the other party.

What kind of help can I receive?
You can receive legal help; help at court; family mediation; or legal representation. Legal help will assist people with a low income to receive free legal advice from a solicitor or legal adviser. Legal help can be provided in cases that do not qualify for legal representation. Help at court allows you the assistance of a solicitor or adviser to speak on your behalf, but not formally represent you, in court. Family mediation provides a way of reaching agreement without going to court with the help of a trained mediator. Legal representation assists the payment of all the costs of taking your case to court.

What happens at the end of my case?
Legal aid is a “loan”, not a gift. If, as a result of the legal assistance provided by legal aid, you recover or “preserve” money or property then the “statutory charge” will apply. This means you have to pay back the legal costs paid by the Legal Services Commission. In some circumstances, the charge can be postponed. You may have to pay the costs of the other side, although this is mostly as a result of unreasonable litigation behaviour.