Can I Get Legal Aid in England and Wales?

Who this guide is for

People in England or Wales who want to know if they can get legal aid to help pay for legal advice, or for someone to speak for them at a court or tribunal. It covers civil cases (such as housing, family, debt or discrimination problems) and criminal cases. In England and Wales legal aid is run by the Legal Aid Agency.

What this guide does not cover

• Legal aid in Scotland or Northern Ireland: see the Scotland guide or the Northern Ireland guide.
• The full working-out of disposable income and capital (allowances for a partner, children, housing and work costs, and what is not counted): the legal aid adviser does this. The GOV.UK checker gives a first answer.
• Whether your case is strong enough for legal aid: the legal aid adviser decides this.
• How much you would pay towards a Crown Court case, and when Crown Court legal aid is refused because of income: ask your solicitor.
• How to challenge a refusal of legal aid: ask the legal aid adviser or solicitor.
• How to apply for a protective order against an abuser: see the domestic abuse court orders guide for England and Wales.
• Paying for a lawyer privately, or no win no fee agreements.

At a glance

• Legal aid can help with the costs of legal advice, and can pay for someone to speak or negotiate for you at a court or tribunal.
• In a civil case you usually need to show you cannot afford to pay for legal costs and that your problem is serious. The type of problem matters too: many problems are not covered.
• Legal aid for a family court case about children, divorce or money after a break-up depends on evidence of abuse. Family mediation does not need that evidence.
• If you get a passporting benefit (Universal Credit, Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, or the Guarantee Credit part of Pension Credit), you pass the income part of the civil means test. Your savings and other capital are still checked.
• If you do not get one of those benefits, the civil limits in force from 6 April 2026 are gross income of £2,657 a month or less, disposable income of £733 a month or less and disposable capital of £8,000 or less.
• A legal adviser applies for civil legal aid for you. The only kind you can apply for yourself is exceptional case funding.
• Anyone questioned at a police station has the right to free legal advice.
• If you win money or property in a civil case, you may have to pay some of the legal aid back (the statutory charge).

What the rules depend on

1. Where is the case? England or Wales: this guide. Scotland or Northern Ireland: see that guide.
2. Is it a criminal case or a civil case? Criminal cases have their own rules (see "Criminal cases").
3. What is the problem about? Legal aid covers some kinds of civil problem and not others (see the lists below). If it is not covered, exceptional case funding may still be possible.
4. Is it a family case about children, divorce or money after a break-up? Is there evidence of domestic abuse, or of a risk of abuse to the child?
5. Do you get a passporting benefit? If not, what are your income and savings, and your partner's?
6. Is it about domestic abuse or forced marriage, a child in care, a child being abducted, or a mental health tribunal? Different money rules apply (see "Cases with different money rules").
7. For a criminal case: is it at the police station, the magistrates' court or the Crown Court, and are you under 18?

What civil legal aid can cover

You might be able to get legal aid for problems such as:

• homelessness, being evicted, losing your home, or serious disrepair
• protecting yourself or a child from abuse or harassment, such as domestic abuse or forced marriage
• poor quality care that you or a family member get because of age, disability or special educational needs
• advice on money, children or divorce if you have been in an abusive relationship
• a child in your family being at risk of being taken into care
• family mediation, for example when deciding child arrangements
• discrimination
• challenging the way the government has made a decision about you
• seeking asylum, or being a victim of human trafficking
• advice when a family member's death is going to a coroner's inquest

What civil legal aid does not usually cover

• A family court case about arrangements for your children, unless you have evidence that you or your child have been a victim of domestic abuse or that your child is at risk of abuse. A divorce or money case after separating needs evidence of domestic abuse. Without that evidence, legal aid usually covers family mediation only, unless exceptional case funding is granted.
• Debt problems, unless you might lose your home.
• Employment disputes, unless you are being discriminated against.
• Appeals about benefit decisions, unless the appeal is to the Upper Tribunal, the Court of Appeal or the Supreme Court.

If your human rights are at risk, you could still get legal aid for a case that would not usually be covered. This is exceptional case funding (see below).

The civil means test

• You usually give details and evidence of your income, benefits, savings and property, and those of your partner. If you are under 18, you may need to give information about your parents' or guardians' income.
• Passporting benefits: Universal Credit, Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, or the Guarantee Credit part of Pension Credit. They pass you through the income tests only. Capital is checked in every case.
• Gross income limit: £2,657 a month or less. If you have more than four children who depend on you, add £222 for the fifth child and each child after that.
• Disposable income limit: £733 a month or less. Disposable income is what is left after deductions such as tax, National Insurance, housing costs, childcare for work and fixed allowances for a partner and children.
• Disposable capital limit: £8,000 or less. For some immigration cases the capital limit is £3,000 instead.
• These are the limits in force from 6 April 2026.

Cases with different money rules

• Your finances are not taken into account for cases about mental health tribunals, children in care, or your child being abducted.
• If you are applying for an order to protect you from domestic abuse or forced marriage, the Legal Aid Agency waives all the upper income and capital limits. You may still have to pay a contribution.
• For a family case about children, divorce or money after separating, the evidence can come from, for example, the courts, the police, a multi-agency risk assessment conference (MARAC), social services, a health professional such as a GP, a refuge manager or a domestic abuse support service. You can talk to a legal aid solicitor or Civil Legal Advice before you have it, but they need to see it before deciding.

Exceptional case funding

• If your problem is not usually covered by legal aid, exceptional case funding can be granted where your human rights are at risk without it.
• A legal adviser can apply for you, or you can apply directly to the exceptional case funding team at the Legal Aid Agency. You do not have to name a solicitor in the application.
• Your finances are still checked: the application includes a means form.
• Send the forms by email to contactECC@justice.gov.uk.
• The Legal Aid Agency usually decides within 25 working days. If it agrees the case is urgent, it aims to decide within 10 working days. Say that it is urgent on the form and in the email.

Paying towards legal aid and paying it back

• Legal Help (advice from a legal aid adviser) and family mediation: you do not pay a contribution.
• Legal representation in court: you may have to pay a contribution from income if your disposable income is over £315 a month, and a contribution from capital if your disposable capital is over £3,000.
• Legal aid might not cover all the costs of your case, and you may have to pay some costs upfront.
• The Legal Aid Agency makes a claim on money or property you win in the case. This is called the statutory charge. If it is your home, payment can be put off and the debt secured on the home, like a mortgage.
• If legal aid is withdrawn, you may have to repay the full legal costs.

How to apply for civil legal aid

• Use the free "Check if you can get legal aid" service on GOV.UK. It asks about your problem, your income and your savings, then tells you what to do next: speak to a phone adviser, find a legal adviser near you, or find a mediator.
• The online check is guidance only. The phone adviser, legal adviser or mediator tells you whether you can get legal aid.
• You cannot apply for civil legal aid on your own. A legal adviser applies for you.
• Civil Legal Advice (CLA) gives free legal advice by phone if you are eligible. It covers problems including debt if your home is at risk, housing if you are homeless or at risk of eviction, domestic abuse, separating from an abusive partner, a child being taken into care, special educational needs, discrimination and some child abduction cases.
• Have these ready when you speak to CLA: recent payslips if you work, bank statements, details of savings, investments and benefits, and mortgage statements and a current valuation for any property you own.
• If you are worried about someone knowing you are applying, GOV.UK has advice on using the service safely.

Criminal cases

• Police station: you have the right to free legal advice if you are questioned there, whatever your income.
• The GOV.UK online checker is for civil cases only. If you have been charged with a crime, ask your solicitor or barrister whether you can get criminal legal aid.
• Magistrates' court: you need to pass two tests, the interests of justice test and a means test. Some cases pass the interests of justice test automatically, including cases sent to the Crown Court for trial, retrials and committals for sentence.
• You pass the criminal means test automatically if you are under 18, or if you get Universal Credit, Income Support, income-based Jobseeker's Allowance, income-based Employment and Support Allowance or the Guarantee Credit part of Pension Credit.
• Otherwise the means test uses your adjusted income: your household's yearly income, adjusted for the number of people in your household. In the magistrates' court, adjusted income of £12,475 or less passes; over £12,475 but under £22,325 depends on a full means test; £22,325 or more does not get legal aid there.
• If you fail the means test you can ask for a review on the grounds of hardship. It looks at spending not yet taken into account and the likely costs of the case.
• Crown Court trial: with adjusted income of £12,475 or less you get legal aid with no contribution from income. Above that, a full means test decides whether you pay a contribution from income, and some people with higher incomes may not get legal aid.

Deadlines

• Exceptional case funding: usually a decision within 25 working days, or 10 working days if the Legal Aid Agency agrees the case is urgent.
• This guide gives no time limit for applying for legal aid. Your legal problem may have its own deadline, such as a court or tribunal date: tell the adviser about it straight away.

Money figures

• Civil legal aid from 6 April 2026: gross income £2,657 a month (add £222 for the fifth and each further child); disposable income £733 a month; disposable capital £8,000 (£3,000 for some immigration cases).
• Civil contributions for legal representation: from income where disposable income is over £315 a month; from capital where disposable capital is over £3,000.
• Criminal legal aid adjusted income thresholds: £12,475 and £22,325 (see "Criminal cases").

Traps

• Passing the means test is not enough in a civil case: the problem must be one legal aid covers, and serious enough.
• Being on Universal Credit or another passporting benefit does not skip the capital check in a civil case.
• Being on Universal Credit does not bring a child arrangements or divorce court case into legal aid: the case itself needs evidence of abuse first.
• Most debt, employment and benefit appeal problems are not covered, unless your home is at risk, you face discrimination, or the appeal is to the Upper Tribunal or a higher court.
• You cannot apply for civil legal aid yourself. Exceptional case funding is the exception: you can apply directly.
• Money or property you win in a civil case can be used to pay the legal aid back.
• Scotland and Northern Ireland have their own legal aid schemes. The GOV.UK checker and Civil Legal Advice are for England and Wales.