Legal aid is only available for private law children cases if the applicant demonstrates their case is within scope and passes the means and merits test. First, your case must fall within scope by showing evidence of domestic or child abuse or a real risk of abduction. Acceptable evidence includes a non-molestation order, police caution, social services letter, or a letter from a GP or refuge confirming injuries or admissions. Cases involving a Local Authority child-protection plan also remain in scope. Even then, the Legal Aid Agency will consider merits to publicly fund your case. This means your  application must have a reasonable prospect of success and legal proceedings must be the proportional way to handle the dispute.

For the means assessment – your gross monthly income must be £2,657 or below. If you support more than four dependent children, you can add an extra £222 to this limit for the fifth child and for each additional child after that. Disposable monthly income must not exceed £733, and disposable capital (excluding a modest home disregard) must be below £8,000. If you own a share of a property, only the equity countable to you is assessed; jointly owned family homes receive some protection. Applicants on Universal Credit or Income Support usually pass the income test automatically, but you must still provide bank statements, pay slips and evidence of benefits.

If you and your case meet the above criteria, legal aid pays the solicitor’s hourly rate, court fees, expert reports and any barrister briefed for hearings. You pay nothing unless your financial circumstances improve during the case. Legal aid also covers family mediation in its entirety.

Otherwise, legal aid is generally unavailable. A solicitor will gauge eligibility at the first meeting. Bring proof of income, benefits letters and any police or medical documents so the application (if viable) goes to the Legal Aid Agency swiftly. If legal aid is granted, your solicitor can prepare and issue the C100 application on your behalf.