Six million more people on low incomes will be able to get free legal help through a planned expansion to the legal aid scheme costing an extra £25m a year.
The new measures are expected to come into force over the next two years and will see the income thresholds to qualify for free magistrates' court representation and civil legal aid rise. Free legal representation will also be available to everyone in crown courts, regardless of their income.
The plans will mean that domestic abuse victims on Universal Credit and who are seeking a protection order from their abusive partners will also be able to get funding more easily and those who share a house with their abuser will also benefit from changes that mean cash held in assets like joint bank accounts will no longer be considered when assessing someone's financial eligibility for aid. The changes also mean that coercive control victims will be able to get legal help without needing to access funds from their joint assets.
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Legal ad provides support for people who are unable to afford legal representation or need financial help in taking issues to court. It's a Government-funded scheme that's designed to cover the cost of legal advice, representation in court, gathering evidence and court fees. It may also pay the other party's costs if you lose but it's not guaranteed to cover all your costs and you may still have to pay some of the costs upfront.
The main changes are:
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Crown court: The current upper income threshold of £37,500 is to be removed, meaning there will be no means-testing for legal aid in Crown Courts, although the Government says that those on higher incomes may be asked to contribute to their defence costs.
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Magistrates court: The maximum income threshold is increasing from £22,325 to £34,950.
- Civil cases: The maximum income threshold is increasing from £31,884 to £34,950.
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Under- 18s: You'll be eligible for free legal support without means-testing.
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If your child is on life support. Parents who are challenging medical decisions to withdraw their child's life support will qualify for legal aid regardless of income.
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If you're a domestic abuse victim: Your partner's assets will no longer contribute towards your earnings for legal aid applications. The changes remove means-testing on joint assets (for domestic abuse victims who are seeking certain protective court orders.
Lord Chancellor and Secretary of State for Justice, Alex Chalk, said: "Widening access to legal aid secures justice and strengthens the rule of law. These changes mean more vulnerable people like domestic abuse victims will be able to access the protection of the courts."
To qualify for legal aid, you'll still need to show that the problem is "serious". According to Money Saving Expert, examples of scenarios include:
- If you or your family are at risk of abuse or serious harm, for example domestic violence or forced marriage.
- You're at risk of homelessness or losing your home.
- You've been accused of a crime, face prison or detention.
- You're being discriminated against.
- You need family mediation, for example to help agree on how to split money and property if you and your partner separate.
- You're adding legal arguments or bringing a case under the Human Rights Act.
If you're applying for legal aid for a criminal case, you must also pass what's called the 'Interests of Justice' (IOJ) test, which determines who qualifies for legal aid based on the details of their case.
You may need to prove you cannot afford to pay for legal costs. But if you're in receipt of certain benefits and pass an IOJ test, you will qualify for free legal aid. These benefits include: income-based employment and support allowance, income-based jobseeker's allowance, income support, state pension guarantee credit, and Universal Credit. You can also qualify for free legal aid if you're under 18 and pass the IOJ test It's important to note though that a portion of any money or property you win in your case could be taken to to cover your legal costs (known as the "statutory charge").
If you want to claim legal aid and your case is civil, you can usually check your eligibility online and apply via Gov.uk. Alternatively, you can ask a solicitor who offers legal aid services to apply for you. If your case is about debt, discrimination, or involves special educational needs, you need to contact the Civil Legal Advice helpline. If your case is criminal, you should ask your solicitor or barrister if you can get legal aid.
