Is Legal Aid still available in family cases?

Following the Government changes in April 2013, the availability of Legal Aid was drastically reduced.  Legal Aid is now only available in limited circumstances. This applies to all solicitors firms.  

Legal Aid is available in childcare cases where the Local Authority are involved with your children and you have been sent a Letter before Proceedings inviting you to a meeting with the social workers, or you have been told that the Local Authority are applying to Court for Care or Supervision Orders or emergency protection orders. This type of legal aid is not means or merit tested, which means that you are eligible to receive it regardless of how much you earn or your prospects of success.  

Subject to financial eligibility Legal Aid is also available to help with Family mediation to assist in resolving disputes about children and finances following a relationship breakdown. Mediation is delivered via trained mediators. We can signpost you for such services.  

Subject to financial eligibility and a merits test where consideration has to be given to the need for legal aid, circumstances of the case and whether there is a better than 50% chance of success, Legal Aid is also available to help with: 

  • Forced Marriage applications. 
  • If your child has been or is about to be taken out of the country without your consent. 
  • Some High Court proceedings about the welfare of your child. 
  • If you have been served with proceedings under the Hague Convention. 
  • Other Special Children Act proceedings, such as applications for contact with a child in care, and applications to discharge care and supervision orders 
  • Placement proceedings 

Legal Aid is not guaranteed in these circumstances as the final decision lies with the Legal Aid Agency who will assess the circumstances of the case and determine whether legal aid should be granted or not.  

Legal Aid is available to protect you from domestic abuse or Harassment, as long as you have evidence to support the same and you are financially eligible. 

You may also be able to obtain Legal Aid in relation to divorce, children or financial matters, if you are financially eligible and can provide one of the following pieces of evidence: 

  • Injunction Order / Non Molestation Order issued in the las 2 years; 
  • Domestic Violence Protection Order or Harassment Notice 
  • Criminal conviction against opponent for an offence against you 
  • Restraining Order 
  • Supporting letter from: 
    • GP or other medical professional 
    • Social Services 
    • Counsellor 
    • Refuge in which you are staying or have stayed 

To view further information about the availability of Legal Aid and the changes, please visit the gov.uk website where they have an eligibility calculator.

Note: The above is intended as a general overview for your information. It is NOT intended to replace proper legal advice. Each case is different and advice cannot be given without a proper analysis of your own circumstances. 

Fact Sheets

These advice sheets give you some general information about Family Law, including Funding Information and Legal Aid.

Meet The Team

If you would like to find out more about how our family experts can assist you, contact us today for advice tailored to your needs and situation by calling 01782 262424 or email a member of our team.

Our Accreditations

Rebecca is a Resolution Accredited Specialist in Children Law, Hayley is a member of the Law Society Children Law Panel, and Denise is a member of the Law Society Family Law Advanced Panel and a Resolution Accredited Specialist.