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Getting legal help - the guide for single parents

Where can I get legal help?

General help agencies

These are advice agencies such as Citizens Advice, local authorities and charities, which have been certified by the Legal Services Commission to provide free legal advice services to the public. They should display a certificate showing the Community Legal Advice logo. They can provide information about legal services, advise you about your rights, help you to fill in forms and write letters on your behalf. They can also negotiate for you and, in some cases, represent you at tribunals or other formal hearings. Contact Community Legal Advice to find your nearest advice centre.

Solicitors

Solicitors are legally qualified people who can:

• advise you about the law;
• negotiate with someone on your behalf;
• manage your case if you are going to court or attending another type of hearing; and
• represent you if you are going to court or instruct a barrister to represent you.

Solicitors can help with all kinds of legal matters but you need to find one who is experienced and knowledgeable in the area of the law you need help with.

How do I find a solicitor?

If you are applying for financial help for your legal costs, the solicitor must have a Community Legal Advice contract. You can find details of these solicitors in the ‘Find a Legal Adviser’ section of the Community Legal Advice website. Not all solicitors do publicly-funded work.

For family law solicitors who take a non-confrontational approach to relationship break-ups, contact Resolution. You can also search the Law Society’s website for solicitors listed by area and specialist knowledge.

How much will a solicitor cost?

Solicitors can be very expensive but if you are in need of their advice or representation you should arrange to see one. The solicitor is required to give you an estimate of the likely costs involved and is also obliged to tell you if you may be entitled to Legal Aid (public funding).

Solicitors charge for all their services including, for example, giving advice, writing letters and photocopying, so make sure that you ask about their charging structure. To make the most cost-effective use of your time with the solicitor, make a list of what you want to discuss and take any relevant documents with you. Remember to make a clear note of the advice you are given. For information about keeping legal costs down, see the information on mediation in our factsheet Help with reaching agreements when a relationship ends.

Useful Organisations

Organisation: Citizen’s Advice

Details: Information and advice on a wide range of issues including benefits and tax credits. Check your telephone directory for your local bureau or find details on the website.

Phone:

URL: http://www.citizensadvice.org.uk




Organisation: Community Legal Advice

Details: Telephone advice on benefits, housing, employment, debt, welfare benefits and family law for people who are eligible for public funding.


Phone: 0845 345 4345

URL: http://www.communitylegaladvice.org.uk




Organisation: Law Society

Details: Use the website to find a solicitor in your area.

Phone:

URL: http://www.lawsociety.org.uk




Organisation: Resolution

Details: Association of solicitors specialising in family law, who adopt a constructive, non-confrontational approach to family problems. It can provide a list of local members. The website contains free information on issues such as splitting up, parenting apart and child maintenance. Resolution produce a booklet, Separation and divorce – Helping parents to help children, a practical guide to handling the emotional aspects of separation or divorce.

Phone: 0845 758 5671

URL: http://www.resolution.org.uk

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Getting legal help - the guide for single parents

How can I get legal help?

Free or low-cost first interviews

Some solicitors offer the first interview free of charge (or at a low cost), whether or not you qualify for Legal Aid.

Pro Bono service

Free specialist advice and representation offered by some solicitors and barristers. This is usually for people who do not qualify for public funding, cannot afford to pay for legal assistance and whose cases are judged to be deserving. For more information, contact the Bar Pro Bono Unit.

Law Centres

Staffed by legal workers and often also by solicitors or barristers working as unpaid volunteers. They can give free initial advice and may also be able to take on your case. Generally, they do not deal with divorce or private family law work. Check with the Law Centres Federation to see if there is a Law Centre near you and which areas of the law they specialise in.

Community Legal Advice

You may be able to receive free advice from a specialist legal adviser about benefits and tax credits, debt, education, employment law, family law or housing if you qualify for Legal Aid. Contact their helpline for details.

Employers, trade unions and insurance policies

You may be entitled to free legal advice from an employer assistance programme or trade union. These can sometimes offer help with your legal fees or a telephone advice service. Also, check your insurance policies (such as car or household) to see whether free legal advice is offered as part of the cover.

Citizen Advocacy

A free service that helps people with disabilities to deal with officials or the courts. Find out about local schemes by contacting Advocacy Resource Exchange.

McKenzie Friends

This is someone, who is not usually legally qualified, that can give you support and advice in court. This could be a friend or advice worker. They are not allowed to speak on your behalf but they can help by taking notes or reminding you of what you want to say. A McKenzie friend can be helpful if you are not being represented in court by a barrister. You do not have a legal right to this but the court will usually allow it, as long as they are not causing a disruption to the proceedings.

Useful Organisations

Organisation: Advocacy Resource Exchange

Details: Maintains a database of Citizen Advocacy schemes in the UK and can help you to fi nd a local advocate.

Phone: 0845 122 8633

URL: http://www.advocacyresource.org.uk




Organisation: Bar Pro Bono Unit

Details: Puts people in touch with barristers who can give advice, and/or represent them in any court or tribunal in England or Wales, free of charge. Resources are limited.

Phone: 020 7611 9500

URL: http://www.barprobono.org.uk




Organisation: Community Legal Advice

Details: Telephone advice on benefits, housing, employment, debt, welfare benefits and family law for people who are eligible for public funding.


Phone: 0845 345 4345

URL: http://www.communitylegaladvice.org.uk




Organisation: Law Centres Federation

Details: Puts people in touch with local law centres. Provides information on their website about what law centres do and what they deal with.

Phone: 020 7387 8570

URL: http://www.lawcentres.org.uk




Organisation: Law Society

Details: Use the website to find a solicitor in your area.

Phone:

URL: http://www.lawsociety.org.uk

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Getting legal help - the guide for single parents

Help with legal costs

The following is only a general guide to the help available for legal costs. Your solicitor or other legal adviser can give you more information as to how these rules apply to your particular case and help with your application.

It is important to note that if you recover or keep any property or money, you may have to pay back any help with legal costs that you receive from public funding.

Public funding for legal costs is commonly known as Legal Aid. To qualify for help from this scheme you will need to see a legal adviser who has a Community Legal Advice contract.

There are different levels of funding available under different schemes, depending on what your legal costs are for. You can move from one scheme to another depending on your circumstances and how much work needs to be done on your case.

The different types of help available

Legal Help

This is for initial advice and assistance with your legal problem and is the first stage of Legal Aid. Help may include written and verbal advice and negotiating on your behalf. It can include help in making a will but only for people in certain circumstances, such as single parents who wish to appoint a guardian or parents who want to make provision for a child with a disability. There is a limit on the cost of work done by your adviser. You do not have to pay a contribution towards the cost of this help.

Help at Court

This covers the costs of a solicitor or adviser speaking on your behalf at a court hearing. This is different to the representation that you would need if you were making or defending a claim. You may need this help if, for example, issues to do with your children are not dealt with as part of divorce proceedings or because you are applying to the court to suspend a warrant for possession of your home. There is a limit on the cost of work done by your adviser. You will not have to pay a contribution towards the cost of this scheme from either your capital or income.

Family Mediation

If you are trying to resolve a dispute after a relationship has ended – for example, about children, property or money – you may wish to use a mediator. This funding covers the cost of the initial meeting (called an ‘intake assessment’) to assess whether Family Mediation is a suitable way of attempting to resolve the dispute. If you qualify you will get help for the mediation itself and you do not have to make any contribution towards the costs. The mediator will work out your eligibility and complete the form at the initial meeting.

Help with Mediation

This is for legal advice needed to support family mediation (for example, advice from your solicitor while you are going through the mediation process and help with making any agreement into a court order). There is usually a limit on the amount of costs that can be paid for under this scheme. If you have already received funding for Family Mediation you will automatically qualify and you will not have to make a contribution towards the costs.

General Family Help

This is to help resolve family disputes before a case goes to court, if mediation fails or if the mediator certifies that mediation is unsuitable for you. It is available to cover the costs of your solicitor obtaining information, negotiating and trying to reach a settlement. It can also cover the issuing of court proceedings and if necessary, representation in court (not contested final hearings). The limit to the costs is usually £1,500 and you may have to contribute towards this.

Legal Representation

This is to help take a case to court. It can cover investigation into the strength of a claim before granting Full Representation for a case to go to court (not available for family law cases), as well as Full Representation to cover the costs of the work leading up to hearings and legal representation in court. The initial work on the case is likely to have been covered under the Legal Help scheme. This is available for family and most civil cases. The rules for qualifying and the limits to the amount of work a solicitor can do for both parts of this scheme are complicated and will depend on your case. In an emergency situation you can be granted emergency Legal Representation straight away. Your solicitor can advise you and will explain about the criteria that apply to you. You may have to repay these costs if you recover or keep any money or property and you may also have to make contributions towards the costs of the case.

Useful Organisations

Organisation: Community Legal Advice

Details: Telephone advice on benefits, housing, employment, debt, welfare benefits and family law for people who are eligible for public funding.


Phone: 0845 345 4345

URL: http://www.communitylegaladvice.org.uk

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Getting legal help - the guide for single parents

Do I have to repay any of the help I receive for legal costs?

If you receive money or property as a result of your case, you may have to repay your legal help costs (less anything you have already paid as a contribution). This is known as the Statutory Charge. ‘Property’ means any possessions including money, a house, land, objects or insurance policies. You do not have to repay the costs of Family Mediation and Help with Mediation.

If you receive help under the Legal Help or Help at Court scheme you will not have to repay the costs if the only property transferred to you is your main or only home. The Legal Services Commission does not always insist that you pay back any costs. For example, they may not ask you to pay anything back

• if you are on a low income;
• the value of your settlement is so low that if you paid the Statutory Charge there would be hardly any benefit to you; or
• the property is an essential item such as furniture, a cooker or a fridge.

You may have to repay the costs from any settlement you may receive under all other schemes, depending on your circumstances. The repayment can be postponed in certain circumstances, for example if the property that you got or kept is your home. You will be charged interest on the amount repayable (currently eight per cent per year) and will be sent an annual statement of the interest due. Your solicitor has a duty to tell you about the Statutory Charge from the start and keep you informed about the costs of the case.

The disposable income limit also does not have to be applied in cases where domestic violence has taken place. The Legal Services Commission decide whether the income limit should be applied. Income and capital limits are not applied in public law cases, for example, where a local authority is applying for an order in relation to a child.

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Getting legal help - the guide for single parents

Financial eligibility for legal aid

The calculation to see if you are entitled to legal aid can be tricky. The information below is just a guide. Your legal adviser should be able to do an accurate calculation for you.

Type of service available

Legal Help
Help at Court
Family Mediation
Help with Mediation
Legal Representation for asylum and immigration cases

Income limit

• Gross income of £2,657 or less per month (if you receive Child Benefit for more than four children add £222 to this figure for each additional dependent child)
• Disposable income of less than £733 per month
• You automatically qualify if you receive Income Support, income-based Jobseeker’s Allowance or Guarantee Pension Credit

Capital limit

• £8,000 or less. (For legal representation for immigration cases the threshold is £3,000)
• You qualify if you receive Income Support, income-based Jobseeker’s Allowance or Guarantee Pension Credit

Who assesses eligibility?
Provider of service (for example, a solicitor)

Type of service available

General Family Help
Full Representation
Emergency Representation
Investigative Help

Income limit

• Gross income of £2,675 or less per month (if you receive Child Benefit for more than four children add £222 to this figure for each additional dependent child)
• Disposable income under £316 per month - no contribution
• Disposable income £316-£465 per month - monthly contribution of one quarter of your income that is more than £311
• Disposable income £466-£616 per month - monthly contribution of £38.50 plus one third of your income that is more than £465
• Disposable income £617-£733 per month - monthly contribution of £88.85, plus one half of your income that is more than £616
• Disposable income Over £733 per month - not eligible

Capital limit

• £8,000 or less. If you have more than £3,000 you will have to make a contribution on the amount of your capital that is over £3,000, in addition to any monthly contribution
• You qualify if you receive Income Support, income-based Jobseeker’s Allowance or Guarantee Pension Credit

Who assesses eligibility?
Legal Services Commission

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Getting legal help - the guide for single parents

Disposable income and capital

Working out your disposable income

Step one

Add together your gross monthly income including:

• Benefits
• Tax Credits
• Wages
• Profits from a business
• Maintenance
• Pensions
• Student support
• Income from savings
• Money from family and friends
• Other income

This is Total A

The following benefits are not counted: Disability Living Allowance, Attendance Allowance, Carer’s Allowance, War and War Widows’ Pensions, Severe Disablement Allowance, Exceptionally Severe Disablement Allowance (part of Industrial Injuries Disablement Benefit), Community Care Direct Payments from social services, Fostering Allowance over £198.06 per month for each dependent child, and payments made under the Earnings Top-up Scheme.

Step two

Add together the following monthly outgoings:

• Income Tax
• National Insurance contributions
• Childcare payments (if it is so you can go to work)
• Maintenance you are paying
• £45 if you go to work
• Housing costs, for example rent (less any Housing Benefit) or mortgage payments, mortgage endowment payments
• An allowance of £243.81 per month for each dependent child

This is Total B

Step three

Deduct Total B from Total A to work out the amount of your monthly disposable income

When looking at your income, the figure used to work out your entitlement is the amount you received in the last calendar month up to the day you apply. If your income changes from month to month, you can delay your application as long as you are not deliberately depriving yourself of income. If you need legal help in the meantime, you will have to pay for the costs.

Working out your disposable capital

Add together any savings or investments including: bank and building society savings; premium and income bonds and National Savings certificates; stocks, shares and other investments; the value of property or land that is not your home; and the equity value of your home that is more than £100,000.

The equity value of your home is worked out by deducting the amount of the outstanding mortgage up to £100,000 from the value of the property. If this amount is more than £100,000 the excess is counted as capital. If the case is to resolve a dispute about any of the property listed above, it will not be counted as part of your disposable capital. However, for Legal Representation (non-immigration cases) and General Family Help, this is limited to £100,000.

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Getting legal help - the guide for single parents

Further help and information

The following organisations can all offer further help and information.

Useful Organisations

Organisation: Advocacy Resource Exchange

Details: Maintains a database of Citizen Advocacy schemes in the UK and can help you to fi nd a local advocate.

Phone: 0845 122 8633

URL: http://www.advocacyresource.org.uk




Organisation: Bar Pro Bono Unit

Details: Puts people in touch with barristers who can give advice, and/or represent them in any court or tribunal in England or Wales, free of charge. Resources are limited.

Phone: 020 7611 9500

URL: http://www.barprobono.org.uk




Organisation: Citizen’s Advice

Details: Information and advice on a wide range of issues including benefits and tax credits. Check your telephone directory for your local bureau or find details on the website.

Phone:

URL: http://www.citizensadvice.org.uk




Organisation: Community Legal Advice

Details: Telephone advice on benefits, housing, employment, debt, welfare benefits and family law for people who are eligible for public funding.


Phone: 0845 345 4345

URL: http://www.communitylegaladvice.org.uk




Organisation: Coram Children’s Legal Centre

Details: The child law advice line provides legal advice and information on all aspects of law and policy affecting children. Information is available on parental responsibility, contact and residence disputes.

Phone: 0808 8020 008

URL: http://www.childrenslegalcentre.com




Organisation: Disability Law Service

Details: Free legal advice and representation to disabled people and their families, carers and enablers on a range of issues.

Phone: 020 7791 9800

URL: http://www.dls.org.uk




Organisation: Gingerbread Single Parent Helpline

Details: Free information on a range of issues including maintenance, benefits, tax credits, debt, employment, education, legal rights and holidays. Open Mondays to Fridays, 9.00am – 5.00pm, with extended opening on Wednesdays to 8.00pm.

Phone: Freephone 0808 802 0925

URL: http://www.gingerbread.org.uk




Organisation: Gingerbread Single Parent Information Online

Details: All our information for single parents available online.

Phone:

URL: http://www.gingerbread.org.uk/information




Organisation: Law Centres Federation

Details: Puts people in touch with local law centres. Provides information on their website about what law centres do and what they deal with.

Phone: 020 7387 8570

URL: http://www.lawcentres.org.uk




Organisation: Law Society

Details: Use the website to find a solicitor in your area.

Phone:

URL: http://www.lawsociety.org.uk




Organisation: One Parent Families Scotland Lone Parent Helpline

Details: Run by our partner organisation, the Lone Parent Helpline provides confidential advice and information for single parents in Scotland.

Phone: 0808 801 0323

URL: http://www.opfs.org.uk




Organisation: Resolution

Details: Association of solicitors specialising in family law, who adopt a constructive, non-confrontational approach to family problems. It can provide a list of local members. The website contains free information on issues such as splitting up, parenting apart and child maintenance. Resolution produce a booklet, Separation and divorce – Helping parents to help children, a practical guide to handling the emotional aspects of separation or divorce.

Phone: 0845 758 5671

URL: http://www.resolution.org.uk




Organisation: Rights of Women

Details: Free, confidential legal advice by telephone for women on a wide variety of issues. Specialist areas include family law, lesbian parenting, divorce/relationship breakdown, children/contact issues and domestic violence.

Phone: 020 7251 6577

URL: http://www.rightsofwomen.org.uk

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