What is Legal Aid?
Brendan Fleming is one of the firms of solicitors in Birmingham that offers legal aid; but what is legal aid, exactly?
Legal aid helps with the costs of legal advice for people who can't afford it. Legal aid in England and Wales is administered by the Legal Services Commission, and today costs the taxpayer £2bn a year — a higher per capita spend than anywhere else in the world — and is available to around 29% of adults.
Legal aid is very important in granting access to justice for those who otherwise could not afford legal advice or legal representation. By ensuring equity before the law, the right to counsel and the right to a fair trial, legal aid helps to maintain an individual's basic human rites.
If you need help with the costs of legal advice, you can apply for legal aid. Whether you will receive it will depend on:
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the type of legal problem you have;
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your income (how much you earn) and how much capital (money, property and belongings) you have – called ‘financial eligibility’; and
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whether there is a reasonable chance of winning your case and whether it is worth the time and money needed to win.
Legal aid is available for many types of civil legal problem. A civil legal case is one in which you have a dispute with a person, company or other organisation.
Civil disputes can be with an individual person, a company, or a government department or agency. They include cases to do with your home, your relationships (for example, if you are separating or divorcing), or your money (for example, if you have difficulty receiving benefits).
Legal aid is only available for certain types of help and certain types of case.
For most cases, you must be ‘financially eligible’ to receive legal aid. However, you can receive legal aid for some types of help regardless of how much money you have. These include, for example, getting a barrister or solicitor to represent you at a Mental Health Review Tribunal, or if the local council starts care proceedings in relation to your children.
There are different levels of legal aid, and you will receive the level you need based on an assessment of your application. The levels are:
- Legal Help – initial advice and help with your problem;
- Help at Court – a solicitor or adviser to speak on your behalf (without formally representing you) at a court hearing;
- Family Mediation – mediation in family disputes, for example if you and your partner are separating or divorcing;
- Family Help – help with negotiation and obtaining court orders in family disputes; and
- Legal Representation – a barrister or solicitor to represent you in court if you are taking or defending court proceedings.
The provision of legal aid is governed by the Access to Justice Act 1999 and supplementary legislation.
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