What is... Legal Aid?

Access to justice is a cornerstone of any fair legal system. But what happens if someone simply cannot afford to pay for legal advice or representation?

This is where Legal Aid comes in.

Legal Aid is a government-funded scheme that helps people meet the costs of legal advice, family mediation, and representation in court. It exists to ensure that the ability to pursue or defend a case isn’t limited only to those who can pay privately.

A Brief History of Legal Aid

The idea of state-funded legal assistance dates back to the mid-20th century. The Legal Aid and Advice Act 1949 first introduced the concept in England and Wales, aiming to give people of limited means the chance to secure justice.

Since then, the scheme has gone through major reforms, most recently under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which significantly narrowed the types of cases that qualify.

What Legal Aid Covers

Legal Aid isn’t available for every case, and eligibility depends on both the type of case and the applicant’s financial situation. Broadly, Legal Aid can cover:

• Criminal cases – ensuring defendants have representation if they cannot afford it.

• Family law cases – particularly where there are issues of domestic abuse, child protection, or forced marriage.

• Housing cases – for example, if someone is at risk of losing their home.

• Debt and welfare benefits – where immediate housing security is at stake.

• Immigration and asylum cases – in limited circumstances.

Civil claims such as personal injury are generally excluded, unless there are exceptional circumstances.

Who Qualifies for Legal Aid?

There are three main tests:

1. Scope Test – is the type of case eligible for Legal Aid?

2. Means Test – does the applicant’s income and savings fall below the thresholds set by the Legal Aid Agency?

3. Merits Test – is the case strong enough to justify public funding, and is it reasonable to provide Legal Aid given the likely cost and outcome?

This ensures that only cases with genuine legal merit and applicants with genuine need are funded.

How Legal Aid Helps in Practice

For individuals, Legal Aid can mean the difference between navigating the court system alone and having qualified representation. It allows them to challenge unfair decisions, defend themselves in criminal proceedings, or protect their family and home.

For solicitors, Legal Aid cases often involve additional administration, strict funding criteria, and capped fees. However, they also provide an essential public service, ensuring that justice is not out of reach for vulnerable groups.

The Medico-Legal Angle

In clinical negligence cases, Legal Aid is now extremely limited. Since LASPO, most medical negligence claims cannot be funded by Legal Aid, except in very specific cases such as those involving children with severe neurological injury sustained at birth.

This is why many clinical negligence firms rely on Conditional Fee Agreements (CFAs) or After the Event (ATE) insurance instead. For expert witnesses, it’s useful to understand that while Legal Aid may not cover their instruction in most negligence claims, funding structures like CFAs still allow cases to proceed.

Final Thoughts

Legal Aid remains an essential pillar of access to justice in England and Wales. While reforms have restricted its availability, it continues to support those who would otherwise struggle to protect their rights in family, criminal, housing, and certain civil law areas.

For solicitors, clinicians, and expert witnesses, understanding the scope and limits of Legal Aid is vital. It shapes the types of cases that come forward, the funding available for reports and representation, and ultimately, the way justice is delivered.