Read this first
If money is stopping you from getting legal help, don't assume you're stuck. Legal aid exists exactly so that people who can't afford a lawyer can still get advice and, sometimes, representation — and the check is free.
And even if you don't qualify for legal aid, free, confidential help is still available from Citizens Advice and Law Centres. The first step is simply to ask.
“Legal aid” is the name for public funding that helps people on lower incomes pay for legal advice, family mediation or representation in court. It's run separately in England & Wales, Scotland and Northern Ireland. The questions everyone asks are the same: am I eligible, does it cover my problem, and how do I actually get it? This guide answers all three.
The two tests — means and merits
For most civil legal aid you have to pass both of these tests:
| Test | What it checks | The idea |
|---|
| Means test | Your gross income, your disposable income after allowable deductions, and your capital (savings, and sometimes property equity) | Can you genuinely afford to pay for this yourself? There are upper limits; below them you may get help free or with a contribution. |
| Merits test | Whether your case has a reasonable prospect of success, whether it's proportionate to fund (the benefit to you vs the cost), and whether legal aid is the most appropriate form of help | Is the case worth public money, and is funding it the right thing to do? |
"Passported" benefits
If you receive certain means-tested benefits (for example income-based Jobseeker's Allowance, income-related Employment and Support Allowance, Income Support, Guarantee Pension Credit, or Universal Credit), you are usually “passported” through the income part of the means test — though your capital can still be assessed. The exact rules and the income, disposable-income and capital limits are updated each year, so let Civil Legal Advice or a legal-aid solicitor check the current figures for you rather than relying on an old number.
Does legal aid cover my problem?
This is the part people most often get wrong. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) sharply narrowed civil legal aid, taking most civil matters out of scope. But a defined list of areas is still covered, generally where someone's home, safety, liberty or essential needs are at stake:
- Housing — you're at risk of losing your home (eviction, possession proceedings), homelessness, or serious disrepair that puts your health or safety at risk;
- Debt — where your home is at immediate risk (for example a mortgage possession claim);
- Domestic abuse & family — where there's evidence of domestic abuse, or in child protection cases (e.g. when social services are involved with your children);
- Community care — disputes about care and support;
- Mental health — including detention under the Mental Health Act (free, non-means-tested for tribunal cases);
- Discrimination;
- Asylum and immigration detention;
- Special educational needs (SEN);
- Some welfare-benefits appeals — only at the higher courts (a point of law in the Upper Tribunal or above), not first-tier appeals;
- Some inquests.
Lots is out of scope since 2012 — but free advice still exists
Many everyday civil problems — most consumer disputes, employment cases, most family money matters, most welfare-benefit first appeals, conveyancing, and personal injury — are no longer covered by civil legal aid. If your case is out of scope, you're not out of options: Exceptional Case Funding may apply (below), and free advice is available from Citizens Advice and Law Centres. To find and check a regulated solicitor or adviser, see our guide to finding a regulated professional.
Exceptional Case Funding (ECF)
Even where a case is out of scope, you can apply for Exceptional Case Funding. It's available where refusing legal aid would breach (or risk breaching) your human rights — your rights under the European Convention on Human Rights. It's worth asking a legal-aid solicitor or Civil Legal Advice about ECF if your problem is serious but seems to fall outside the normal list.
Criminal legal aid
Criminal legal aid works differently. Advice at the police station is free for everyone, whatever your income — if you're arrested or questioned under caution you're entitled to free, independent legal advice, and you should always ask for it. For a case that goes to court, criminal legal aid is decided by a means test plus an “interests of justice” test (which looks at how serious the case is, whether you could lose your liberty or livelihood, and whether you could follow the proceedings yourself). The duty solicitor or your own solicitor can apply for you.
How to check and get legal aid
You don't have to work out the rules yourself — there are free routes that will tell you whether you qualify:
- Civil Legal Advice (CLA) — the free national helpline on 0345 345 4 345 (Monday to Friday 9am–8pm, Saturday 9am–12:30pm; textphone 0345 435 4345, or text “legalaid” and your name to 80010 for a callback). CLA can advise on debt, housing, discrimination, education, special educational needs and some family matters, and can run a quick means check.
- The GOV.UK tool — “Check if you can get legal aid” walks you through whether your case and your finances qualify.
- A legal-aid solicitor or Law Centre — use the GOV.UK “Find a legal aid adviser or family mediator” directory. A legal-aid solicitor can confirm your means and merits and apply to the Legal Aid Agency for you.
Do this now
- Check your case is the type legal aid covers (housing, domestic abuse, debt risking your home, mental health, discrimination, asylum, SEN — see above).
- Call Civil Legal Advice free on 0345 345 4 345, or use the GOV.UK “Check if you can get legal aid” tool, to confirm scope and run a means check.
- Find a legal-aid solicitor or Law Centre via GOV.UK “Find a legal aid adviser” — they apply for you.
- If you don't qualify, get free advice from Citizens Advice or a Law Centre, and ask about Exceptional Case Funding.
The check is free and costs you nothing. If you're arrested or questioned by police, ask for the free duty solicitor straight away.
If legal aid won't cover you
Because LASPO took so much out of scope, plenty of people find their problem isn't covered — but that doesn't mean nothing can be done. In order:
- Ask about Exceptional Case Funding if refusing legal aid would breach your human rights;
- Get free advice from Citizens Advice, a Law Centre, a university law clinic, or a charity that covers your issue;
- Ask solicitors about other funding — some offer a free first appointment, fixed fees, “no win, no fee” for certain claims, or you may have legal-expenses cover on a home or motor insurance policy;
- Take the right next step for your problem — if it's an eviction notice, a complaint, or a question of “can they actually do this?”, our guides below point you to the calm next move.
For more on UK regulators and finding a checked solicitor with no affiliate fees, see our find a regulated professional guide. To understand your rights first, see can they actually do this?
Scotland and Northern Ireland
Legal aid is run separately in each part of the UK, with different scope and rules. England & Wales operate under the LASPO 2012 framework, funded by the Legal Aid Agency, with Civil Legal Advice as the gateway for several areas.
Scotland
Scotland has its own system run by the Scottish Legal Aid Board (SLAB). The categories and financial rules differ from England & Wales, and you normally apply through a Scottish solicitor, who applies to SLAB on your behalf; SLAB assesses your application and tells you what (if anything) you'll pay towards your costs. Advice at the police station is also covered.
See the Scottish Legal Aid Board and mygov.scot — legal aid.
Northern Ireland
In Northern Ireland, legal aid is run by the Legal Services Agency Northern Ireland. You apply through a solicitor who does legal-aid work. See nidirect — legal aid schemes.