Legal Aid

Public Funding (Legal Aid / Legal Help) is the scheme whereby the Legal Services Commission (LSC) will pay your solicitors, barristers and other fees relating to your case.

The Legal Services Commission grants franchises in different areas of law to firms who meet its stringent standards for quality service provision. Hartnell Chanot & Partners holds a franchise in Family Law and is therefore able to offer Legal Aid / Legal Help to eligible clients.

Am I Eligible For Legal Aid?

If your gross monthly income is over £2,657 you won't get Legal Help. 'Gross income' means before tax and national insurance are taken off and it excludes certain social security benefits. If you have more than four children, this limit may go up for the fifth and each additional child. You have to include your partner's income unless your partner is the person who you are in dispute with.

If your gross monthly income is £2,657 or less, your solicitor will check out your disposable income. 'Disposable income' is the amount of income you have left after deductions have been made for national insurance, child support and tax. Also, if you have a partner who isn't earning or if you have children, a certain amount of your income won't be taken into account. If your partner is earning, their income will be taken into account, unless your partner is the person who you are in dispute with.

To qualify for Legal Help, your disposable monthly income cannot be more than £733. If you are within this limit, you don't have to pay anything towards Legal Help. If you have disposable capital (savings) of over £8,000, you won't get Legal Help.

You should be aware that in some circumstances it is not a "gift" but is treated like a loan.

There are three types of LSC public funding available as follows:

1. Legal help scheme - this enables us to give you advice and assistance but does not cover legal representation at court or on your behalf at a tribunal which is covered by other LSC funding.
2. General Family Help - this is for work needed which is beyond simple advice and assistance e.g. further negotiations in relation to child contact arrangements, or in relation to financial issues arising on a divorce.
3. Legal representation - this covers the situation where you need to make an application to the court to determine issues such as financial arrangements arising from your separation / divorce or in relation to the children.

This is a complex area and the solicitor dealing with your case will be very pleased to answer any questions you may have. 

Alternatively, you may approach the LSC direct. Their local office telephone number is 01179 302 3000. If you have a certificate number you should have this to hand when you telephone. You should make a note of the name of the person you speak to for future reference.

You may find the Direct Gov website useful for further information.

We have a contract to undertake legal aid work in Exeter and Plymouth.