Your eligibility for legal aid depends on two factors, your means (finances) and the merits (the strength) of the case. When providing publicly funded services, it is our responsibility to ensure you meet the criteria for funding before we can provide you with assistance in your case.
The ‘means test’ requires us to confirm what benefits you are receiving, the details of any income you receive and the amount of capital you have, such as any savings or property you own. We are required to provide evidence of this to the Legal Aid Agency and so may ask you to bring documents such as bank statements, pay slips and benefits letters to our first meeting.
Some individuals may be entitled to non-means tested legal aid, for example those who are represented in proceedings before the First-tier Tribunal (Mental Health) and those who are challenging their detention under the Deprivation of Liberty Safeguards. Where we act for the person detained under the safeguards in a Section 21A Court of Protection application, there is no requirement to complete means forms. There are also special rules for those over the age of 60. We will advise you of these factors where they are relevant.
