How do I apply?
For the first stage, Legal Help, contact any solicitor who displays the CLS
logo. Your local Citizens Advice Bureau will have a list. The application form
is simple and will be completed at the first interview. Remember to take with
you proof of your means (eg benefits book or payslip) as your solicitor is
obliged to check this and take a copy for the file.
Criminal Legal Aid : this may be automatic, in the Police
Station or first Court appearance. Your solicitor will help you complete the
application form which will then be sent to the Court.
Civil and Family Legal Aid : your solicitor will provide the
forms which are very detailed. Your employer will also be asked to complete a
pay statement. The forms will then be sent to the LSC's Regional Office for
decisions whether to grant Legal Aid and if so, if you qualify on the means
test. If they calculate a contribution is payable, they will make an offer first
which you can choose whether or not to accept. This process may take between one
and four weeks depending on all sorts of things.
What about emergencies?
In emergency cases, such as domestic violence or child abduction, Emergency
Legal Aid can be authorised by your solicitor under "devolved powers". You will
need to complete all the forms on the spot, and the solicitor must be satisfied:
- You have a strong case
- Court action needs to be taken (or defended) immediately
- You qualify on the means test
Can I get Legal Aid if I am abroad?
Yes - provided the court proceedings are in England and Wales and concern
English law, and you either are already a party to the proceedings or are likely
to become so. The same means test applies and there are special forms for
it.
Can any solicitor help?
No - only those firms, like Fisher Jones Greenwood, who have a special
contract with the Legal Services Commission can now provide help or
representation, and it must cover the sort of case you are concerned with. Some
firms have a general contract which will enable them to provide first stage help
but not court representation ("specialist help"). In some areas there are very
few firms with specialist experience in law categories such as mental health or
Immigration; in some parts of the country few solicitors firms will take Legal
Aid cases at all. A solicitor is not bound to provide Legal Aid but he/she must
tell you about it.
How do I find out which solicitors firm can help?
Look at the CLS web
site, but check with the firm first before fixing an appointment that they
will provide Legal Aid.