What is Legal Aid?
Legal Aid (also known as Community Legal Service
Funding, and Public Funding) is a
system of government funding for those who cannot afford to pay for
legal advice and representation. It is administered by the
Legal Services
Commission.
Hodge Jones & Allen has specialised in legal aid work ever
since the firm was established in 1977. We are one of the leading
providers of public funding services in England & Wales.
The Access to Justice Act 1999 has made some important changes
to the legal aid system.
Franchises
The Legal Services Commission grants franchises in different
areas of law to firms who meet its stringent standards for quality
service provision.
Hodge Jones & Allen holds franchises in Crime, Family,
Personal Injury, Clinical Negligence, Housing, Public Law and
Actions against the Police.
Availability
Public Funding is available for any legal problem involving
English law with some exceptions. Public Funding is not usually
available for most personal injury cases arising from negligence
(other than clinical negligence). These cases are instead normally
pursued under conditional fee agreements. Also excluded from Public
Funding are most cases arising out of the carrying on of a
business, cases involving disputes about a partnership, company or
trust, boundary disputes and defamation cases.
Public Funding variations:
The most commonly used forms of Public Funding are Legal Help
and Legal Representation.
Legal Help
Legal Help means legal advice and assistance from a solicitor
who has a contract with the Legal Services Commission to provide
it. We can give general advice, write letters, negotiate, get a
barrister's opinion and advise you if you have to go before a court
or tribunal. You have to satisfy a financial eligibility test.
Legal Representation
This is a form of Public Funding you need to take or defend
court proceedings. Although the Legal Services Commission can
impose limitations and conditions on the extent of funding, in
principle it can cover all work needed to take proceedings to trial
and beyond.
It is available in both family and civil cases but different
criteria apply for different types of case.
Criminal Legal Aid
Criminal Legal Aid is currently run by the Legal Services
Commission. Hodge Jones & Allen has a contract allowing us to
provide advice and representation at police stations and in the
Magistrate's court, the Crown Court and appeals to higher courts.
Duty solicitors are available for free advice and attendance at
police stations 24 hours a day.
Family Mediation
We have a contract with the Legal Services Commission to offer
mediation in family disputes as an alternative to court
proceedings.
Mediation can help with disputes relating to children, money and
property. A Mediator does not make decisions for you but helps you
and your partner to reach your own decision in a neutral
environment.
Will I qualify for Legal Aid?
To get Public Funding, you must satisfy a legal merits test and
a financial eligibility test.
For the financial test your income and savings must be below a
certain limit. If you live with a partner or are married, your
partner or spouse's income and capital will be added to yours
(unless there is a dispute between you). If you are between the
lower and the upper financial limits you may be asked to pay a
contribution to legal aid form your capital or income. In civil
cases this may be monthly payment throughout the life of the
case.
Community Legal Service Partnership
Hodge Jones & Allen is involved in the Camden Community
Legal Service Partnership involving Camden Council and local
solicitors and not-for-profit agencies.
How do I apply?
For more information please contact us. We will be able to
advise you on how to proceed during our first interview.