Legal Aid in York: An Introduction
Legal aid is a government-funded attempt to ensure that people who cannot otherwise afford legal representation are protected within the law. Its aim is to ensure that all people can fairly engage with the legal system, so that they can seek justice and effectively defend themselves against prosecution.
It recognises that the law can be complicated to navigate, and that the quality of representation can have a big impact on the outcome of court trials and financial cases . Legal aid provides individuals with state-funded support, including legal advice, assistance covering essential case management elements, and representation in court. Unfortunately, not every individual qualifies for legal aid, as not everyone has the same financial or personal needs from within the legal system.
In York, as in the rest of England and Wales, legal aid is provided by the government, governed by the Legal Aid Agency. This section will provide an overview of legal aid, its importance, and the particulars of how legal aid is made available to those who need it most in York.
Eligibility for Legal Aid in York
Eligibility for legal aid in York is dependant on certain criteria. There are a number of financial eligibility requirements you must meet as well as some rules regarding the type of legal assistance you need.
Financial Requirements
The first factor determining whether or not you qualify for legal aid in York is your net annual income (after taxes) and "capital". This includes money held in all bank accounts and any property that isn’t your home. You must also be in receipt of certain benefits to be considered eligible for legal aid in York including:
If your net annual income is below £12,475, you will be eligible regardless of your capital. If your net annual income is between £12,475 and £21,500, you may be eligible if your capital is below £8,000. If your net annual income is above £21,500, you will not be eligible for legal aid in York unless you qualify for Exceptional Case Funding.
Types of Cases Covered
Generally speaking, legal aid in York covers:
Obtaining legal aid in York for matters of divorce is a separate issue. Where there is domestic abuse or the risk of domestic abuse, legal aid may cover applications for a non-molestation order and/or an occupation order. You can obtain legal aid in York for a divorce if domestic abuse was a factor of the failed marriage. However, the divorce itself can be covered by a ‘family fixed fee’ which is different to legal aid.
Who Doesn’t Qualify for Legal Aid in York?
If you do not qualify financially for legal aid in York, you will not qualify at all (unless you qualify for Exceptional Case Funding). Therefore, common exclusions from legal aid in York are:
There are some exceptions to this rule. If you have been the victim of domestic abuse or child abuse and are bringing a case against your abuser, you may still qualify for legal aid in York.
If you are under the age of 18, you will qualify for legal aid in York if you are not living with either parent, or they have been granted court orders relating to their parental rights and responsibilities. If you are over the age of 18, you will need to provide official support from an adult related to you who is making a Statement of Truth on your behalf.
Available Legal Aid Services in York
A wide range of legal aid services are available to the public in York. These include civil legal aid, criminal legal aid, and family legal aid. Each of these categories covers a multitude of legal issues.
Civil legal aid services cover a variety of topics, including employment law, housing disputes, immigration and asylum issues, debt and bankruptcy matters, and mental health issues. Civil legal aid is available for both applicants and defendants in cases that have significant and potentially life-altering implications. Some common types of civil court matters that receive legal aid funding are landlord-tenant disputes, debt collection lawsuits, family law issues, child custody disputes, education and special education matters, housing and homelessness issues, and mental health appeals.
Criminal legal aid is available to all individuals who find themselves facing a criminal case in state or federal court, which can include any of the following:
When criminal charges are brought against an individual, that person has the right to an attorney, whether he or she can afford one or not. If you do have financial resources, the court will look at whether or not you would have an unreasonable burden to hire or pay for your own representation. If so, legal aid services are available for criminal cases.
Family legal aid is used to fund cases that relate to divorce, property division, spousal support, child support and custody, and visitation. If you have a divorce or other family law matter on the horizon in which you are the "respondent" or "defendant," you may qualify for legal aid funding so you can afford top-notch representation and advocate strongly on your behalf through the legal system.
Note that the government does not simply pay for your lawyer based on your application. You are still responsible for repayment of the costs associated with the legal services you receive during the process, and these costs are monitored as the case progresses.
How to Access Legal Aid in York
Whether in York or elsewhere in the UK, if you are seeking legal aid there are a number of steps in the process. First, you need to make sure you are eligible. Then you can prepare an application and submit it, with all necessary documentation, for review by the Legal Aid Agency. If your application is approved you will receive a legal aid certificate that specifies what you are eligible for.
Usually, it takes around 20 days to obtain an answer on an application for legal aid in York, though it may take longer to obtain the necessary supporting information.
In order to be eligible for legal aid in York you typically need to be entitled to one of several different types of benefits, such as Employment and Support Allowance, Universal Credit, Housing Benefit, Tax Credits, or Income Support. Alternatively, you may qualify by virtue of your income being below a certain level, or if you are under a prescribed age limit. If you are ordered by the court to receive legal aid then you will also be eligible.
Once you have determined that you are eligible for legal aid, it’s time to prepare your application. The first part is obtaining the relevant forms, which you can get from a local solicitor, from online forums, or from the Legal Aid Online website.
These forms will ask about your finances, including how much you earn from your job or any other insurance, how many bills you pay, etc. You may also be required to provide tax information, such as P60 or P45 information, and pay-slips to properly demonstrate your current income.
You’ll need to supply all of this information when you submit your application to the Legal Aid Agency for review. When you do so, you should also include any court orders, evidence of any personal injury you have suffered, and all contact information for any experts or other relevant parties in your case.
Legal Aid Services and Resources in York
The following are some of the key legal aid providers in York. This includes government bodies, non-profits and private law firms that may offer the services you need.
The Judiciary of England and Wales provides information on its website related to impending legal issues for individuals throughout the country. Though most of the information applies to cases in front of the High Court, County Court and Magistrates court, there’s a wealth of basic information on a range of legal topics.
Citizens Advice is one of the foremost resources available to English citizens in need of free legal advice and assistance. The York branch has locations in both Acomb and York city. Citizens Advice provides access to legal advice by telephone, email and in person .
The York & North Yorkshire Law Centre focuses on providing legal advice, assistance and representation to citizens living across York and North Yorkshire that might not be able to afford traditional legal fees. The centre specializes in housing, employment, social security and other areas of the law, including complex litigation.
There are more than 30 law firms serving the greater York area. Private solicitors offer an array of legal services to clients throughout York. Many specialize in certain areas of the law, but even a generalist can provide needed legal representation. Listing a number of these firms here is not meant to be an endorsement of any of them. It’s up to the individual to find a law firm that’s right for their particular needs.
Obstacles to Legal Aid in York
As with many legal aid services across the country, York has seen a decline in the availability of these essential legal services. Many local solicitors do offer legal aid services, but the number of them is steadily decreasing each year. It has been estimated that the number of local legal aid providers has dropped from around 40 to only 3 in recent years.
So what challenges face legal aid in York?
Funding
Like many areas across the country, legal aid agencies in York are struggling with funding unavailability. In 2012, the government announced further cuts to legal aid. Fees for legal aid work were already 20 per cent down from pre-2010 levels, and access to justice through free legal advice from face-to-face law centres, phone advice helplines and local solicitor firms was cut. Legal Aid, Sentencing and Punishment of Offenders Act 2012 meant that funding was reduced to all areas except asylum, domestic violence and child protection. Since then, the NHS has ceased fees for cases before the Court of Protection, and fees for some other health-related cases have been slashed.
Paying for legal aid
The Justice Secretary stated that "We have supported the most vulnerable in society by protecting legal aid in areas such as clinical negligence, medical treatment cases and domestic violence cases". This is widely disputed and the reality is that legal aid can no longer be relied upon for many matters, often leaving the most vulnerable in society without representation or advice.
Accessing legal aid
There is often a misunderstanding of the truth behind legal aid. For many people, legal aid depends upon means testing – but in order to be eligible, you must have less than £733 in your bank account. You must also have cash that is not doubled or tripled in value. Having as little as £1,000 can prevent you from being offered legal aid.
Local challenges
Even if you are eligible for legal aid, finding a reputable solicitor who offers legal aid can be difficult. Many local solicitors will not take on legal aid work, either as they do not wish to or want to. This means that the supposedly high availability of legal aid does not translate into a willingness to provide that service.
In 2015, a commitment was made by the government to increase the number of lawyers willing to take on legal aid work. While at least 21,000 people were assisted through legal aid in York in 2016, it is believed that 200,000 people were denied access to this important free legal assistance.
Legal Aid Success Stories in York
Over the years, many York residents have benefitted from the legal aid system, finding the support and representation essential to resolving their legal challenges. From family matters to housing issues, the positive impact of legal aid is clearly evident in the real-life examples of those who have utilised these services. Sarah, a single mother battling against an often unresponsive and hostile benefit system, was facing eviction due to her inability to manage the complexities of her housing situation while dealing with a disability. Legal aid via a local solicitors allowed Sarah to not only keep her from homeless but helped her access the supports and entitlements she desperately needed. Today, Sarah is not only financially secure but also a happy and proud active member of her local community. Tom, a young man facing a driving offence that could potentially land him a criminal record, was referred to a specialist legal aid solicitor for support . Due to the nature of his case, Tom’s legal aid was funded through the Criminal Defence Solicitors’ Duty Scheme. With the help of the duty scheme solicitor, Tom was able to argue his case presenting evidence that convinced the judge to dismiss the charges. In doing so, Tom avoided both a large fine and gaining a criminal record. Emma and her children, former domestic abuse victims, were struggling to escape a cycle of violence despite having moved to a refuge outside of York. When applying to extend her housing benefits Emma encountered a brick wall concerning the abusive behavior of her former partner with regard to their financial accounts and joint assets. Emma had been coerced into signing papers that granted her abuser sole access to her finances, a fact that she could only prove due to the tireless work of her legal aid solicitor. With a newly secured settlement paid into her new account, Emma and her children start a life free from the threat of abuse.