Guidance

How do I apply for legal aid?

Find out how to apply, what to prepare and where to get help with an application.

From:
Criminal Justice Hub
Published
Last updated
Applies to
England and Wales
All sections on this page

Legal aid is not one single application process. The right route depends on the type of legal problem.

For an explanation of the schemes and their eligibility rules, read who can apply for legal aid.

If you are unsure which route applies, contact a legal-aid provider and explain the problem, any deadline and any immediate risk.

If police are questioning you at a police station

You do not need to make a normal legal aid application before receiving advice at the police station.

Ask police for a solicitor immediately. You can ask for a solicitor of your choice or the independent duty solicitor on call. The duty solicitor is available 24 hours a day and does not work for the police.

Police should tell you about your right to free legal advice after arrest and before questioning. The usual rule is that police should not interview you until you have had the opportunity to speak privately to a solicitor.

The solicitor will advise on the appropriate way to provide advice and representation in the circumstances. Do not decide whether to answer police questions without legal advice.

Read GOV.UK: legal advice at the police station.

If your case is urgent

Tell the provider immediately if you face an urgent hearing, immediate risk of homelessness, domestic abuse, child removal proceedings, immigration detention or removal, police custody, a criminal court date, or another situation where delay could cause serious harm.

Different legal aid schemes have different urgent routes. Do not wait to gather every document before seeking help.

Decision times vary according to the scheme, the complexity of the case, the information provided and whether it is urgent. Published processing targets are not guaranteed decision dates.

Exceptional case funding decisions are usually made within 25 working days. Where an ECF case is urgent, the Legal Aid Agency aims to decide it within 10 working days. Tell the Legal Aid Agency or provider that the case is urgent on the application and in any email sent with it.

If you have been charged or have a criminal court case

Contact a criminal defence solicitor as soon as possible. You may be able to use the solicitor who helped you at the police station, ask for the court duty solicitor, or choose another criminal legal aid solicitor.

Your solicitor can check whether you qualify for criminal legal aid and make the application with you through the authorised criminal legal aid process.

Criminal legal aid for court representation usually depends on:

  • the interests of justice test—whether it is in the interests of justice for you to have legal representation; and

  • the means test – whether you meet the financial eligibility rules.

Take any charge sheet, bail notice, summons, court date, Single Justice Procedure notice or other police/court paperwork to your solicitor.

Read GOV.UK: legal aid after arrest or charge, criminal legal aid eligibility, and criminal legal aid applications.

Civil legal aid may be available for some non criminal legal problems. It is not available for every civil dispute.

A civil legal aid provider will normally consider:

  • Scope: Is this type of problem covered by civil legal aid?

  • Merits: Is there a sufficient legal case, and is funding justified?

  • Means: Do you meet the financial eligibility rules?

Start by using the GOV.UK civil legal aid checker or contacting a civil legal aid provider. A Law Centre or advice clinic may be able to help explain your options, but may not provide legal aid for every type of case.

Tell the provider at the first contact if you have a court hearing, risk of homelessness, domestic abuse concern, immigration deadline, child protection matter or another urgent issue.

Read GOV.UK: civil legal-aid eligibility and GOV.UK: apply for legal aid.

If your case may need exceptional case funding

Some civil cases are outside the normal legal aid scheme. Exceptional case funding, often called ECF, may be available where refusing legal aid would breach, or risk breaching, a person’s human rights or retained EU rights.

ECF is a separate application process. It is not automatic. You will need to explain the legal problem, why you cannot represent yourself effectively, the outcome sought, and why lack of funding would create a rights risk. Financial and merits rules also apply.

A legal aid provider can advise whether ECF may be appropriate and help with the application. Read GOV.UK: exceptional case funding and GOV.UK: apply for exceptional case funding.

What information might I need?

Take what you have. The provider can tell you what else is needed.

You may be asked for:

  • police, court, prison, tribunal, immigration or public authority paperwork;

  • details of any hearing, deadline or urgent risk;

  • letters, emails, messages, decisions, photographs or other relevant evidence;

  • information about income, benefits, savings, investments, property, debts and regular outgoings; and

  • information about a partner’s finances, where relevant.

For domestic abuse cases, the provider can explain what evidence may be accepted. Do not wait until you have every document before asking for help. Read GOV.UK: legal aid for domestic abuse.

Help with communication, disability or language needs

Tell the provider if you need:

  • an interpreter or British Sign Language support;

  • information in an accessible format;

  • help reading or completing forms;

  • a reasonable adjustment because of disability;

  • support because of mental health, learning disability, autism, brain injury or another communication need; or

  • extra time because you are in custody, hospital or a secure setting.

The provider should explain the process in a way you can understand and discuss what support can be arranged.

Ask the provider immediately whether you can request a review or an appeal, and what the deadline is. The route depends on the scheme and the reason for refusal.

For example:

  • if criminal legal aid is refused on interests of justice grounds, there is an interests of justice appeal process;

  • if you believe there is an error in a criminal means assessment, you can ask for a review;

  • if civil legal aid is refused or cancelled on merits grounds, you normally have 14 days from the date of the decision letter to appeal; and

  • civil means decisions generally have a right to review rather than a further appeal.

If your financial circumstances, evidence or urgent situation changes, tell the provider straight away. They can advise whether a review, appeal, amendment or new application is appropriate.

Read GOV.UK: criminal legal-aid eligibility and GOV.UK: civil merits appeals.

Quick guide: which route should I use?

Your situation What to do
Police want to question you at a police station Ask for your own solicitor or the duty solicitor immediately. The advice is free.
You have been charged or have a criminal court date Contact a criminal defence solicitor or ask for the court duty solicitor.
You have a family, housing, immigration, public law or other civil problem Use the GOV.UK civil legal aid checker or contact a civil legal aid provider.
Your civil case appears outside legal aid scope but raises serious human rights issues Ask a provider whether exceptional case funding may be appropriate.
You have an urgent hearing or immediate risk of harm Tell the provider at once and do not wait to assemble every document.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. Legal aid eligibility depends on current rules and your individual circumstances. Seek help promptly if you have a police interview, court date, urgent hearing, risk of homelessness, domestic abuse concern, detention issue or another time critical legal problem.

About this information

Last updated:

Updates to this page

  1. This guide now separates police station advice, criminal legal aid, civil legal aid and exceptional case funding. It also explains that each route has its own application process, eligibility rules and review rights.