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All Rights Guides
Access to Justice

Your Rights to Legal Aid

Legal aid provides government funding so that people who cannot afford a solicitor can still access justice. Since LASPO 2012 significantly cut the scope of legal aid, it is no longer available for most civil cases — but it remains available for many criminal cases, family cases involving domestic violence or child protection, immigration and asylum, housing, and mental health.

Last updated: 2026-03-08

Your Rights

Right to Criminal Legal Aid

If you are accused of a criminal offence and cannot afford a solicitor, you can apply for criminal legal aid. This covers advice at the police station (always free, regardless of means) and representation at court (subject to a means test for Crown Court cases).

LASPO 2012 Part 1, Criminal Legal Aid (General) Regulations 2013

Right to Civil Legal Aid (If In Scope)

You can get civil legal aid if your case is within scope AND you pass both the means test and merits test. In-scope cases include: family (domestic violence, child protection), immigration (asylum), housing (homelessness, disrepair, possession), mental health, community care, and discrimination.

LASPO 2012 Part 1 and Schedule 1

Right to Exceptional Case Funding

If your case is out of scope but refusing legal aid would breach your rights under the ECHR or retained EU law, you can apply for Exceptional Case Funding (ECF) from the Legal Aid Agency.

LASPO 2012 s.10

Right to Free Advice at the Police Station

If you are arrested or voluntarily attend a police station for interview, you have the right to free legal advice from the duty solicitor. This is not means-tested — everyone qualifies regardless of income.

PACE 1984 s.58, LASPO 2012

Common Myths

Myth

Legal aid has been completely abolished

Reality

Legal aid still exists for many types of cases. It has been reduced since 2012 but remains available for criminal cases, family (domestic violence), immigration (asylum), housing, and mental health.

Myth

If you own your home, you can't get legal aid

Reality

The means test for legal aid takes into account your equity in your home but applies a mortgage disregard. Many homeowners qualify, especially for in-scope family and housing cases.

Myth

Legal aid solicitors are not as good as private solicitors

Reality

Legal aid solicitors must meet the same professional standards and are regulated by the SRA. Many of the most experienced specialists in family, immigration, and criminal law work under legal aid contracts.

What To Do

1

Check if your case qualifies

Use the GOV.UK legal aid checker at gov.uk/check-legal-aid to see if your problem type is in scope.

2

Find a legal aid provider

Use the 'Find a legal aid adviser' tool on GOV.UK. You can also contact your local Citizens Advice or Law Centre.

3

Gather financial evidence

You will need proof of income, savings, and capital. If you receive passporting benefits, you automatically pass the means test.

4

Apply for Exceptional Case Funding if out of scope

If your case is not in scope but involves human rights issues, ask a solicitor to help you apply for ECF.

Key Legislation

  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Criminal Legal Aid (General) Regulations 2013
  • Civil Legal Aid (Merits Criteria) Regulations 2013
  • Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

Useful Contacts

Civil Legal Advice

Government legal aid helpline for civil cases.

Tel: 0345 345 4 345

Website

Legal Aid Agency

Administers legal aid in England and Wales.

Website

Law Centres Network

Free legal advice centres across the UK.

Website