Public Funding – "Legal Aid"

Applying for Public Funding

In April 2000, what used to be known as Legal Aid was replaced by a system called Community Legal Service ("CLS") Funding. This is administered by the Legal Services Commission ("LSC").
CLS Funding (sometimes referred to as "Public Funding") is available to those on low incomes who need financial assistance in making a legal claim.  It is also only available if your solicitor is approved by the LSC; Michelmores is one of a limited number of firms that has this kind of approval for clinical negligence work.

Will I qualify?

For an application for Public Funding to be successful, applicants need to satisfy 2 criteria:

Merits: the LSC has to be satisfied that you have a reasonable chance of winning your case. You also have to show that you have a reasonable chance of being awarded an amount of compensation which justifies the expense (this factor - the "costs/benefits ratio" - will be reconsidered at various stages throughout a claim).  Putting forward an application that demonstrates that your case is worth pursuing is largely your solicitor's responsibility (although, naturally, he or she will only be able to do so with your assistance).

Means: the LSC has to be shown that you cannot afford to finance the case yourself, and that you do not have other sources of legal funding available to you.

If you are on Income Support or Jobseeker's Allowance, you automatically qualify for Funding. If you are in paid employment (or are receiving other kinds of benefits), your income and your capital (savings and assets) will be assessed.  The CLS website provides a calculator, which will give you an indication of whether you may be financially eligible for Public Funding.
Children are assessed on the basis of their own means, and not those of their parents. This means that, with very few exceptions, they will be eligible for Funding.

If the LSC thinks that an applicant meets these criteria, they will issue a Funding certificate.

In some cases, Public Funding will be conditional upon the applicant making a contribution to their costs. Such a contribution will either come as a one-off payment from capital or as a regular, monthly payment (for the entire length of the case). If, having assessed your application, the LSC decide that you fall into this category, they will send you a letter, setting out the terms under which they are prepared to fund your claim. It is up to you whether you accept their offer, or seek an alternative source of funding.