Access to justice & funding

Question 1

What is public funding of legal services?

Answer 1

Money provided by the state to pay for the legal fees of those who cannot afford it - known as legal aid

Question 2

Legal aid

Answer 2

Under control of the Ministry of justice following the Legal Aid, sentencing and punishment of offenders Act 2012

Question 3

When is legal aid available?

Answer 3

• If the case is serious
• The person cannot afford to pay their legal fees
• If the case is eligible (domestic violence cases, or person at risk of losing their home)

Question 4

Who is legal aid governed by in civil cases?

Answer 4

Head of Civil legal aid

Question 5

What can clients go to legal aid solicitors for?

Answer 5

• Advice on the law
• Assistance in legal proceedings
• Assistance in enforcing decisions

Question 6

LASPO 2012 - what categories qualify for legal aid

Answer 6

• Welfare benefits
• Education
• Family/children & domestic abuse
• Mental health & community care

Question 7

LASPO 2012 - means testing

Answer 7

• If people are financially eligible for legal aid
• Those who earn the least will get the most help

Question 8

How is means testing conducted? (civil legal aid)

Answer 8

• Gross income is considered, not eligible if it is above £2,657 per month

Question 9

What happens if a person’s gross income is below £2,657?

Answer 9

• Disposable income is then looked at
• Calculated by taking away expenses such as tax and housing, childcare costs
• Not eligible if above £700

Question 10

If income falls below minimum level?

Answer 10

They will not be required to pay a contribution

Question 11

Minimum & maximum level

Answer 11

If a person’s income falls between the max and min level they pay a contribution

Question 12

If on income support or jobs seekers allowance?

Answer 12

Automatically qualify

Question 13

What is disposable capital?

Answer 13

• Assets owned by the individual
• Not eligible for legal aid if above £8,000 until spent same sum on legal fees