Legal aid in the UK: who can get a free lawyer and how to apply

When a dispute reaches court, the first question is usually not legal but financial: who pays the solicitor. For some types of case the state pays, and that is called legal aid. The list of qualifying problems is closed and the income and savings limits are strict, but there are important exceptions: for some categories your finances are not checked at all, and checking whether you qualify is free. Here is how the system works in England and Wales and where to start.

What is legal aid and who pays for it?

Legal aid is the state paying for legal advice, and for someone to speak or negotiate for you at a court or tribunal, when you cannot afford it yourself.

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The scheme is run by the Legal Aid Agency, part of the Ministry of Justice. The money does not go to you — it goes to a legal adviser who holds a contract with the agency. Scotland and Northern Ireland have separate rules and separate agencies; everything below applies to England and Wales.

What problems can you get legal aid for?

The list is closed: legal aid covers cases about your home, your safety, your children and basic rights, not disputes about money.

GOV.UK lists, among others: homelessness, eviction, losing your home or serious disrepair; protecting yourself or a child from abuse or harassment, including domestic abuse and forced marriage; poor quality care you or a family member receive because of age, disability or special educational needs; advice on finances, 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 agreeing 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 goes to a coroner's inquest.

A separate group of cases is funded whatever your finances: children in care or being taken into care, cases heard by a mental health tribunal, and cases about a child being abducted out of or into the UK.

What is not covered?

The three most common refusals are debt, employment disputes and benefit appeals.

Debt problems are not covered unless you might lose your home. Employment disputes are not covered unless you are being discriminated against. Appealing a benefits decision is not covered unless the appeal has reached the Upper Tribunal, the Court of Appeal or the Supreme Court. If your human rights are at risk there is still a separate route — exceptional case funding, below.

What income level qualifies for legal aid?

The income threshold is a joint monthly income of £2,657 or less before tax and deductions for you and your partner — or receipt of a qualifying benefit.

The qualifying benefits are Universal Credit, the Guarantee Credit element of Pension Credit, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, and Income Support. If you get any of these, the income test is treated as passed.

There is an exception to the threshold: you may still qualify on a higher income if your case is about domestic abuse or forced marriage.

How much can you have in savings, and how is your home counted?

The usual ceiling is £8,000 of assets for you and your partner together.

Assets mean savings and investments, plus any equity in your home above £100,000. Equity is the current value of the property minus the outstanding mortgage: on a £400,000 flat with a £330,000 mortgage, equity is £70,000 and nothing counts; with a £250,000 mortgage, equity is £150,000 and £50,000 goes over the limit.

You may still qualify with assets above £8,000 if you are over State Pension age, if the dispute is about who owns your home, or if the case is about domestic abuse or forced marriage.

Note too that legal aid does not always cover everything. You may be asked to pay some costs upfront, and if you win money or property you may have to pay some of the cost back. Your legal adviser must explain this before starting.

How do you check whether you qualify?

Use the free "Check if you can get legal aid" service on GOV.UK: it asks about your problem, income and savings, then tells you what to do next.

One detail costs people time: you cannot apply for legal aid yourself. A legal adviser applies for you. The service either puts you through to phone advice or shows you how to find an adviser or mediator near you, and that adviser decides whether you can get legal aid. Checking eligibility is free.

Before you speak to an adviser, gather recent payslips if you are working, bank statements, details of savings and investments, details of any benefits you receive, and mortgage statements plus a current valuation if you own property.

What if English is not your first language?

Civil Legal Advice provides a free interpreting service if English is not your first language.

The Civil Legal Advice number is 0345 345 4345, open Monday to Friday 9am to 8pm and Saturday 9am to 12:30pm. If you cannot hear or speak on the phone, use Relay UK: dial 18001 then the number; a British Sign Language interpreter is also available. Calls are charged at your provider's rate, but you can ask CLA to call you back. CLA covers debt where your home is at risk, homelessness and eviction, domestic abuse, separating from an abusive partner, children being taken into care, special educational needs, discrimination and some child abduction cases. We looked at how interpreting works inside the courts themselves in a separate piece.

What are you entitled to if the police arrest you?

Free legal advice at the police station is available to everyone, whatever your income or savings.

The custody officer must help you get it. You can choose advice by phone, the police station's duty solicitor, or your own legal adviser. If you are charged and have to go to court, a solicitor will check whether you qualify for legal aid; you can stay with the same firm that helped at the station, ask for the court duty solicitor, or find your own. Representation in court is automatic if you are under 16, under 18 and in full-time education, or on certain benefits. What to say and sign during a detention is set out in our guide to your rights on arrest.

What if your landlord starts eviction proceedings?

A separate scheme applies here — the Housing Loss Prevention Advice Service (HLPAS) — and it does not check your finances at all.

Help is available from the moment you receive written notice that someone is seeking possession of your home, whether that is an email from your landlord or a letter from a creditor. A government-funded housing expert identifies the cause and suggests solutions, covering illegal eviction, disrepair and housing conditions, rent arrears, mortgage arrears, welfare benefit payments and debt. If it goes to a hearing, the same adviser gives free advice and representation at court: arrive at least 30 minutes early and ask the court usher, who will direct you. Find your nearest HLPAS provider by postcode at find-legal-advice.justice.gov.uk. On challenging a rent increase before it ever reaches court, see our separate guide.

What is exceptional case funding?

It is the fallback route for cases that are not normally covered: funding is granted if refusing it would breach your human rights.

You still have to pass the financial test. On top of that you must show that being refused legal aid would infringe your rights under the European Convention on Human Rights or your retained EU rights to legal representation. The route is most used for immigration, family and housing cases, welfare benefits disputes and coroner inquests. The application explains why you cannot handle the case yourself — complexity, difficulty reading or writing, how much is at stake. Most people apply through a lawyer; to apply yourself, complete form CIV ECF 1 with CW1 or CW2 and send it to contactECC@justice.gov.uk, though inquest applications must go through a lawyer.

Where do you go if legal aid is refused?

Three free sources remain: the Law Centres Network, Citizens Advice and AdviceNow.

It is also worth checking whether you have legal expenses cover — it is often bundled with home or motor insurance — and whether your trade union offers legal support. Many firms give a first consultation free or at a fixed fee, and there is separate help with paying court fees. If the dispute is purely about a modest sum of money, it is cheaper to go without a lawyer: we set out how in our piece on the small claims court. One more detail from the GOV.UK guidance: if you do not want anyone at home to know you are applying, the site explains how to leave the page quickly and clear your browsing history.