Legal Aid funding is financial assistance provided to an individual in certain circumstances to meet the costs of legal advice, family mediation, legal representation, and assistance at Court.
There are different kinds of Legal Aid funding available. Sometimes someone can be assisted using a lower level of funding called Legal Help. This enables us to liaise with an opponent to determine whether matters can be resolved without the need to make any application to the Court.
Where an urgent application needs to be made or where matters are not able to be resolved via negotiation or mediation, we can apply to the Legal Aid Agency. This is for a public funding certificate to cover the legal costs of making those applications. As well as to represent someone within court proceedings.
When is it available?
Legal Aid is still available and can pay for legal representation in some matters such as applications for Non-Molestation orders and Occupation orders. As well as cases involving social services and in some cases, applications involving children or finances as well as family mediation.
Protective Injunctions
Provided there is merit to the application, an individual will always be eligible for legal aid to make an application to the Court for a protective injunction such as a Non Molestation Order or an Occupation Order. Sometimes, the individual must pay a financial contribution towards the legal aid funding.
Financial Matters
If the individual is on certain welfare benefits, they are unlikely to have to contribute to the costs of making an application for a protective injunction. If they are working, own their own house or have savings, the Legal Aid Agency may ask them to contribute to some of the cost of making the application, however Legal Aid will still be available.
Social Services
If social services have concerns about a child or children and make an application to the Court, then the parents will always be granted legal aid to enable them to be represented within proceedings.
Domestic Reasons
If an individual has evidence of domestic violence or abuse perpetrated by the opponent on a case or the opponent is a risk to the child/children, then they may be eligible for legal aid. This is to assist in applications relating to the children or finances stemming from divorce, dependent upon their financial situation and the merits to the case.
What evidence can be used to prove there has been domestic abuse?
Some examples that can be used to evidence domestic abuse to support an application for legal aid for children and financial matters include:
- An injunction against the opponent
- A restraining order
- Evidence from a GP
- Evidence from a specific type of support worker
- A conviction or a letter from a social worker
Does Legal Aid have to be paid back?
If an individual receives public funding for children matters or injunction matters, then they will not have to pay back their legal fees to the Legal Aid.
If an individual receives a public funding certificate to assist someone being represented on an application for financial proceedings following divorce, then the statutory charge may apply.
The charge could see that individual having to pay back all of the costs for any work undertaken under the Legal Aid scheme. This is what is known as a statutory charge. The repayment would be at legal aid rates. This will always be discussed with someone by their legal representative prior to making any application.
Summary
Legal Aid is available in many cases. If someone thinks that they may be eligible for Legal Aid, they can contact any Legal Aid solicitor. The solicitor will be happy to undertake an assessment to determine whether they could receive public funding. Funding to assist them in Court proceedings or to provide them with legal advice or legal representation.
For more information on case funding visit our legal aid funding and fees page.
