If you are being abused and you cannot afford to pay a solicitor, you may be eligible for legal aid if you have evidence that you or your children have been victims of domestic abuse or violence and you cannot afford to pay legal costs.
Legal aid is a government scheme which helps victims pay for legal advice and help, representation and/or family mediation. Sometimes it can also pay for things like an expert’s opinion or court fees.
The evidence must show that you are or are at risk of being a victim of domestic abuse or violence from the other party in the case arising from a family relationship between you and the other party.
To claim Legal Aid, you must make an application to the Magistrate’s Court and certain criteria must be met. The criteria is usually based on a person’s financial circumstances, so it considers household income, outgoings, capital and equity. If you are claiming certain benefits such as Jobseeker’s Allowance (JSA), income support or a guaranteed pension, you automatically pass this test and are eligible for Legal Aid. That said, if you and/or your partner receive an income (other than benefits) over a certain amount you will not be qualified for Legal Aid.
There is a high threshold to meet the legal aid eligibility criteria. There is a three-part test:
Means assessment
This focuses on your income and assets. If you are on Universal credit, you will automatically satisfy this element. If you are working, you will be expected to pay a lump sum or a monthly contribution to your legal aid. This monthly sum will be calculated during the application.
Merits assessment
This will assess whether there are legal merits to your case. For example, the Legal Aid Agency will be unlikely to fund a case where there are no reasonable prospects of success.
Evidence of domestic abuse
In addition to the means and merits test above, ‘gateway evidence’ is needed showing that you are a victim of domestic violence from the other party to the proceedings. You will need to provide documentary evidence from an independent person such as a Doctor, Support Worker, Social Worker. Unfortunately, your word about what you have suffered is not enough. The law states that you need evidence to prove what you have been through. The letter must follow a certain format and the Legal Aid Agency will only accept this evidence in this format.