Legal aid entitles you to free or assisted legal representation in a court and some tribunals. It is usually offered to people who cannot afford the services of a lawyer. However, other factors such as how likely you will be to win your case and what you will lose if you are found guilty, also determine if you get legal aid.
Free legal advice is also widely available for everyday problems concerning issues such as housing and debt. Legal advisors can help with making phone calls, writing letters and with negotiations.
This guide explains how legal aid works in the UK and where to go if you need other types of legal help.
There are different systems for obtaining formal legal aid in England and Wales, Scotland and Northern Ireland.
England and WalesThe Legal Services Commission looks after legal aid in England and Wales. It is responsible for a range of services but fundamentally it helps people who would not otherwise be able to afford to get the help of a solicitor for their legal problems.
It is responsible for two schemes:
- The Community Legal Service funds solicitors and bodies such as the Citizens' Advice Bureau to improve access to legal information. It also helps with funding for civil cases.
- The Criminal Defence Service provides advice and representation for people facing criminal charges.
To find out more about the different types of assistance for civil cases, from mediation in family disputes to fully-funded legal representation, you can read the guide to the Community Legal Service on the Legal Services Commission website.
Whether you qualify to get legal aid depends on a number of factors. In civil cases you have a financial means test and the legal merit of the case is also assessed. The legal merit of the case is tested by looking at how likely it is that you may win the case and what you will gain if you do win. However, if you do not qualify under these terms, you may still be able to get legal aid if your case has a significant wider public interest.
In criminal cases you go through an interest of justice test. This takes into account the effect being found guilty would have on you, for example, if you would lose your job. The bigger the effect the more likely you are to qualify for legal aid. For minor criminal cases going through the magistrates courts, you will also have a financial means test.
You are entitled to legal aid without means testing if you are a parent whose children are taken into care.
Other types of legal helpThere are a helpful range of sources you can go to for assistance depending on what your question is. Some agencies are better suited for particular issues than others.
General advice: Citizens' Advice Bureau
The Citizens' Advice Bureau provides impartial and free advice on all kinds of problems, particularly issues related to welfare benefits and social security. It can be useful for making phone calls, writing letters and even providing representation at tribunals.
It can also suggest the names of local solicitors who specialise in the area with which you are concerned and will give you a list of firms that offer a free or fixed-fee initial interview.
You can find a Citizens' Advice Bureau in almost every town. You can find your nearest Citizens' Advice Bureau on their website. The Citizens' Advice Bureau in Scotland also provides a list of offices online, as does Citizens' Advice Northern Ireland.
Advice guide is the website set up by the Citizens' Advice Bureau to provide advice for England and Wales, Scotland and Northern Ireland.
Legal advice and representation: Law Centres Law Centres are grant-funded institutions that provide free and independent legal advice and can even represent people in legal proceedings. They specialise in certain areas of law such as welfare rights, immigration and nationality, housing and homelessness, employment rights, and sex and race discrimination, but also provide advice on other areas. If you are visiting a law centre make sure:
- You go well prepared with all the papers relating to your case
- You are clear about what you want to get out of your session
Law centres can represent you in areas where there is no legal aid, such as industrial and immigration tribunals.