We use cookies to give you the best possible online experience. If you continue, we'll assume you are happy for your web browser to receive all cookies from our website. See our Privacy & Cookie policy statement for more information on cookies and how to manage them.

Applying for legal aid where there is little or no likelihood of success

It is not necessary to consult Legal Services, or that a formal process be applied, before an applicant is advised that s/he is ineligible for legal advice/aid or is unlikely to be legally aided. 

It would make very little sense to have such a requirement for the vast majority of cases where the subject matter is clearly out of scope, or the applicant does not have a case in law, etc.  Law centres have delegated authority to refuse legal aid on financial grounds. (Administrative Procedures Handbook)

If cases are clearly out of scope, there is a procedure in place (Administrative Procedures Handbook) for advising applicants of this and informing them that the matter will be referred to Legal Services if they wish.

The best course in all cases if you consider that an applicant is ineligible, or is unlikely to be legally aided given the merits of the case generally, is to inform the applicant that it is unlikely that we will grant legal advice/aid, but indicate that the case will be referred to Legal Services or other appropriate decision maker for decision if the applicant so wishes.