Legal Aid Eligibility
If you are worried about paying for legal advice, checking legal aid eligibility is an important first step. Legal aid can help with the cost of legal advice or representation in some family law, domestic abuse and care proceedings cases.
Some people may need a financial assessment, often called the means test. Other routes are treated differently, including parents in certain care proceedings and people applying for protective orders in domestic abuse cases where the Legal Aid Agency waives upper eligibility limits.
National Legal Service Solicitors is a major legal aid provider for family law, domestic abuse and care proceedings in the UK. A solicitor can explain whether legal aid may be available and what information may be needed.
Speak to NLS about legal aid eligibility. Call 020 3601 5051 or complete our contact form to request a callback.
Am I eligible for legal aid?
Legal aid eligibility depends on the type of case, your financial circumstances and whether any evidence is needed. In many family law cases, you may need to pass a means test and show that the case is within the types of work legal aid can cover.
There are important exceptions and special routes. Parents in certain care proceedings are usually covered by a non-means and non-merits tested legal aid route where they have parental responsibility. For domestic abuse protective order applications, the Legal Aid Agency waives upper eligibility limits, although a contribution may still be required.
Means-tested vs non-means and non-merits tested legal aid
Below is a quick overview of the main routes. It is a general guide only – the correct assessment depends on the type of case, the evidence available and the person applying.
| Route | What it means | Examples |
|---|---|---|
| Means tested | Your income and capital are assessed. | Many private family law cases. |
| Evidence-based route | Evidence may bring the case within scope. | Some domestic abuse or child abuse cases. |
| Non-means and non-merits tested | The usual financial and merits tests do not apply. | Parents with parental responsibility in certain care proceedings. |
| Upper eligibility waiver | Upper financial limits are waived, but a contribution may still apply. | Domestic abuse protective order applications. |
If you are unsure which route applies, it is sensible to ask for an assessment. A solicitor can explain the correct legal aid route based on your case.
The legal aid means test explained
The means test is the financial assessment used in many civil legal aid cases. It looks at income, savings, investments, property and sometimes a partner’s financial position.
GOV.UK states that to get legal aid, you usually need to show that your income and the value of your savings, investments and property are below certain limits. The current gross monthly income limit is usually £2,657, with additions for the fifth and each further child dependant.
The main financial limits are:
| Assessment area | Current general civil legal aid limit |
|---|---|
| Gross monthly income | £2,657 or less, with an addition for the fifth and each further child dependant. |
| Disposable monthly income | £733 or less. |
| Disposable capital | £8,000 or less in most civil legal aid cases. |
Non-means and special legal aid routes
Not every family law case is assessed in the same way. Some urgent or child-focused cases have different legal aid rules because of the nature of the proceedings.
This is particularly important where care proceedings have started or where domestic abuse protective orders are needed. These routes should be checked carefully before assuming that cost is a barrier.
Care proceedings
Parents in care proceedings may qualify for legal aid without the usual means and merits tests where they have parental responsibility for the child. Legal Aid Agency guidance describes Special Children Act proceedings, including care orders, supervision orders, child assessment orders and emergency protection orders, as non-means and non-merits tested for the child and for parents or parties with parental responsibility.
If children’s services have started care proceedings or you have received court papers, speak to a solicitor quickly. NLS care proceedings solicitors can explain the process and whether this legal aid route applies.
Domestic abuse protective orders
Legal aid may be available where you need protection from domestic abuse. For applications for orders protecting from domestic abuse or forced marriage, the Legal Aid Agency waives all upper eligibility limits, although a contribution may still be required.
This may be relevant for protective orders such as non-molestation orders or occupation orders. If you need advice about legal aid for domestic abuse, a solicitor will explain what evidence may be needed and whether the upper eligibility waiver applies.
Private family law and child arrangements
Some private family law cases may be within legal aid scope where there is evidence of domestic abuse or child abuse. This may include certain child arrangements cases, depending on the evidence, the financial assessment and the merits of the case.
The Legal Aid Agency guidance explains that most private family law cases involving children or finances are within scope only where there are issues concerning domestic abuse or child abuse and specific evidence is provided.
If you are unsure whether your case is within scope, our legal aid family lawyers can assess your position and explain what may happen next.
Gateway evidence for domestic abuse legal aid
Gateway evidence is proof that shows you or your child have experienced domestic abuse for the purpose of legal aid. It is often needed in private family law cases where domestic abuse brings the case within legal aid scope.
You do not have to get evidence before speaking to a legal adviser, but the adviser will need to see it before deciding whether you can get legal aid.
Gateway evidence may include evidence from:
- the court
- the police
- a health professional
- a refuge manager
- a domestic abuse support service
- children’s services
- a MARAC
- a bank, employer, education provider or benefits provider where relevant
You should not try to gather evidence if doing so could put you or someone else at risk. A solicitor can explain what evidence may be accepted and how to approach this safely.
Legal aid eligibility checklist
This checklist can help you understand what may be relevant before speaking to a solicitor. It is not a substitute for a formal legal aid assessment.
You may be asked about:
- the type of family law issue you need help with
- whether care proceedings have started
- whether children’s services are involved
- whether domestic abuse or child abuse is relevant
- whether you have gateway evidence
- your income before tax and deductions
- any benefits you receive
- your savings, investments and property
- whether you have a partner whose finances may need to be assessed
- whether the case is urgent
If you do not have all this information, you can still ask for advice. A solicitor can explain what is essential and what can be gathered later where appropriate.
What happens next?
The next step is usually an initial eligibility assessment. A solicitor will ask about the legal issue, the urgency, your financial circumstances and any evidence needed.
If legal aid appears available, your solicitor will explain the application process and what information the Legal Aid Agency may need. If legal aid is not available, they can explain whether another funding route may need to be considered.
The process usually involves:
- Identify the legal issue
The solicitor checks whether the case is a type of matter legal aid can cover. - Check the funding route
They consider whether the case is means tested, non-means and non-merits tested or subject to a special rule or waiver. - Review finances and evidence
You may be asked for income, capital and evidence documents depending on the case. - Apply where appropriate
If legal aid appears available, your solicitor will explain the application process and next steps.
NLS has a strong legal aid family law practice and supports people across domestic abuse, care proceedings, child arrangements and related family law issues. If you are unsure whether you qualify, asking for an assessment can help you understand the options before deciding what to do next.
If you are based in or near Birmingham, our legal aid solicitors in Birmingham can explain whether legal aid may be available for your family law matter and what information may be needed for an assessment.
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Frequently asked questions
- What is legal aid eligibility?
Legal aid eligibility means whether you qualify for public funding for legal advice or representation. It usually depends on the type of legal problem, the merits of the case and your financial circumstances.
Some family law cases are treated differently. For example, parents in certain care proceedings may be covered by a non-means and non-merits tested route.
- What is the legal aid means test and how is it calculated?
The means test is the financial assessment used in many civil legal aid cases. It looks at income, savings, investments, property and sometimes a partner’s finances.
The general civil legal aid limits include a gross monthly income limit of £2,657, a disposable income limit of £733 and a disposable capital limit of £8,000 in most civil cases. The detailed calculation depends on your circumstances.
- What income and savings thresholds apply?
In many civil legal aid cases, the gross monthly income limit is £2,657 and the disposable income limit is £733. The disposable capital limit is usually £8,000.
There are exceptions and some cases are treated differently. You may still be eligible with assets over £8,000 in certain situations, including where your case is about domestic abuse or forced marriage.
- What counts as gateway evidence for domestic abuse legal aid?
Gateway evidence is evidence that shows you or your child has experienced domestic abuse. It may come from the police, court, a health professional, a refuge manager, a domestic abuse support service, children’s services or another accepted source.
You do not need to gather evidence before speaking to a legal adviser. If collecting evidence could increase risk, get advice first.
- Do I still qualify if I own my home?
Owning your home does not automatically mean you cannot get legal aid. The assessment may consider the equity in your property and whether any disregard, exception or special rule applies.
Because property assessments can be complicated, it is sensible to ask a solicitor to check your circumstances before assuming you are ineligible.
- Can I get legal aid if I am just over the threshold?
You may not qualify under the usual means test if your income or capital is over the relevant limit. However, some cases have special rules, exceptions or waivers.
For domestic abuse protective order applications, the Legal Aid Agency waives upper eligibility limits, although a contribution may still be required. You should ask for an assessment if you are unsure.
- Is legal aid different for care proceedings?
Yes. Parents and people with parental responsibility in certain care proceedings are usually covered by a non-means and non-merits tested legal aid route.
This can apply to Special Children Act proceedings such as care orders, supervision orders, child assessment orders and emergency protection orders. A solicitor can confirm whether this applies to your situation.
- Can I get legal aid for family court in the UK?
Legal aid may be available for some family court cases, but not all. It depends on the type of case, whether it is within legal aid scope, any evidence required and your financial circumstances.
Legal aid may be available for care proceedings, some domestic abuse cases and some child arrangements cases involving domestic abuse or child abuse evidence. A solicitor can assess which route applies.