The short answer
You never apply to the Legal Aid Agency yourself. You apply through a provider that holds a contract with it: an authorised mediation service for mediation, or a solicitor’s firm with a legal aid contract for representation. The provider assesses you against the Agency’s rules and tells you the answer.
Key points
- There is no direct application to the Legal Aid Agency by a member of the public.
- For mediation you usually get an answer at the MIAM, the same day.
- For a solicitor, initial help can be quick but full representation takes longer.
- Gather your financial evidence first. It is the same paperwork either way.
- Ring more than one provider. Contracts have capacity limits and being turned away is often about their caseload.
What to gather before you ring anyone
- Payslips for the last three months, or accounts and tax returns if you are self-employed
- Bank statements for all accounts, usually the last three months
- Award letters for any benefits
- Your rent or mortgage statement
- Details of savings, investments and any property
- If you have children, evidence they live with you
- For the abuse gateway, whatever evidence you have. The accepted list is broader than most people expect
Having this ready is the single thing that speeds the process up.
Applying for mediation legal aid
- Find an authorised mediation service that holds a legal aid contract. Not all do, and the number has been falling. The GOV.UK finder for legal aid family mediators lists exactly those.
- Book a MIAM and say when you book that you want to be assessed for legal aid, so they ask you to bring the right documents.
- At the MIAM the mediator assesses your finances and whether mediation is suitable.
- You are usually told there and then. This is controlled work, which the provider decides itself under its contract.
If you qualify, the MIAM you have just had is free, and so are the sessions that follow.
Applying for solicitor legal aid
- Find a firm with a legal aid contract in family law. Use Find a legal aid adviser on GOV.UK.
- Explain at the first call which gateway you think applies, and what evidence you have.
- The firm assesses your means and the merits, and applies to the Legal Aid Agency for anything above initial advice.
- Legal Help can often be granted quickly by the firm. Full representation is decided by the Agency and takes longer.
Where there is immediate risk, funding can be granted urgently and the finances checked afterwards. Say so on the phone if that is your position.
Common and costly mistake
Giving up after one refusal from one firm. Legal aid contracts carry capacity limits, and firms turn work away when they are full. That is not an assessment of your eligibility, and the next firm may take it.
The other one is not telling your provider when your circumstances change. Coming into money mid-case, including from the settlement itself, can end your funding, and failing to report it can mean the certificate is revoked and the costs land on you.