Am I eligible for Legal Aid?

What is Legal Aid?

Legal aid can help meet legal costs of a client for family matters, providing they meet certain criteria set by the Government.

Poole Alcock offer Legal Aid with all family matters, where a client is able to meet that criteria.

What types of legal aid are there?

There are two types of legal aid funding we can assist you with, Legal Help and Public Funding.

Legal Help is the lowest level of funding, which covers basic advice prior to Court proceedings being issued, together with divorce matters.

Public Funding is the next level of funding and can be applied for when a matter goes to Court.

What family matters can you get legal aid for with us?

Poole Alcock offer Legal aid for the following family issues:

• applications for a non-molestation order or occupation order;
• applications for a Child Arrangements Order, Prohibited Steps Order or Specific Issue Order, if you or your child have suffered or are at risk of suffering violence or abuse from the other party
• applications for forced marriage protection orders;
• applications for Divorce and financial matters;
• proceedings brought by the local authority for a care order or supervision order;
• cases where your child has been or is about to be taken out of the UK without your consent;

What do we require from you?

When looking to assess people for Legal Aid we need to look at your Merits and then Means

• Test 1 – Are you what the Government calls a victim of domestic abuse, or are you the parent of a child who is at risk of abuse from the other party?

Unless you are applying for a Non Molestation Order or Occupation Order we will always require evidence of Domestic Abuse. What we can and cannot accept as evidence is set by the Legal Aid Agency and this is quite particular.

We will not be able to assess you (unless you are seeking a Non Molestation Order or Occupation Order) without this evidence

• Test 2 – Financial Eligibility

Most family cases will be means tested; so you will have to show that your income falls below the threshold that the Legal Aid Agency sets.  You will be required to give information about your income, benefits, savings, property and shares and those of your partner.

For some cases you can get legal aid regardless of your financial means. Non-means tested legal aid is available if your child is subject of care or supervision proceedings.

In all cases, we require the following:

If you’re working:

• Last 3 months wage slips/2 years’ worth of accounts if self employed
• Last 3 months bank statements for all bank accounts that you hold (whether in your sole name or joint, including savings accounts, ISA’s etc.)
• Please highlight your rent/mortgage payments within the statements and any housing benefit payments you may receive
• Your latest tenancy agreement for the house you live in/latest mortgage statement if you own your property (either jointly or in your sole name)
• If you own a vehicle on finance, a receipt/finance letter showing the amount of finance outstanding

If you are not working:

• A letter from the benefits office confirming the benefits you receive which must be dated within the last 14 days or screen shot of your Universal Credit Claim
• Last 3 months bank statements for all bank accounts that you hold (whether in your sole name or joint, including savings accounts, ISA’s etc.)
• Your latest tenancy agreement for the house you live in/latest mortgage statement if you own your property (either jointly or in your sole name)
• If you own a vehicle on finance, a receipt/finance letter showing the amount of finance outstanding

We will let you know throughout the application process if we need anything further and will discuss the merits of your case during your initial appointment.

Please be aware that the decision about whether you are entitled to Legal Aid is made by the Legal Aid Agency and not Poole Alcock.

If you have any questions about the stages of a Legal Aid application then please do not hesitate to contact us on 01270 613939 or via our contact form.