Exemptions
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.