Awareness around legal aid exemptions needs to be considered when applying
Legal Aid in the UK is designed to help individuals with limited financial means access legal representation and advice. However, legal aid exemptions need to be considered. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) significantly restricted the scope of civil legal aid, removing many areas of law from eligibility.
One major category excluded from Legal Aid is most private family law cases, such as divorce, child contact, or financial disputes following separation. Legal Aid is only available for these matters if there is clear evidence of domestic abuse or child abuse. This requirement often places the burden on applicants to provide specific documentation to prove abuse, which can be a barrier to access.
Additionally, Legal Aid generally does not cover personal injury claims, except in very limited circumstances, such as clinical negligence involving children with severe disabilities resulting from birth-related injuries. Employment disputes, including unfair dismissal or workplace discrimination, are also excluded unless they fall under discrimination law and the case has potential to go before a tribunal.
Other excluded areas include wills and probate (except where there’s a risk to the applicant’s home), property disputes, defamation and libel, and most immigration cases—except where asylum, detention, or domestic abuse issues are involved. Small claims in civil court—generally those under £10,000—are not eligible either.
In criminal law, Legal Aid is more widely available, but eligibility is means-tested and depends on the seriousness of the offence. Minor offences that don’t carry a risk of imprisonment might not be eligible.
The removal of these cases from Legal Aid has been controversial, as it often leaves vulnerable individuals without legal support. Campaigners and legal professionals have called for a review of the system to improve access to justice for all.
Financial Means Test
The first key criterion is financial eligibility. To qualify for legal aid, an individual must pass a means test, which assesses both their income and capital (savings or valuable assets). For most civil and family cases, if a person’s gross monthly income exceeds a certain threshold, they will not be eligible. As of 2024, the threshold for gross income is around £2,657 per month, although some allowances (such as child care or housing costs) are deducted. If the applicant’s disposable income (after deductions) is above £733, they will not qualify. Furthermore, if a person has more than £8,000 in savings or assets, they are typically not eligible for legal aid.
Bryan & Armstrong can support you with all aspects of family law, from divorce, domestic abuse, legal aid, unmarried couple disputes, arrangements for children and starting a new relationship
