Legal aid

This advice applies in Scotland only. Read our UK-wide page on legal advice.

Legal Aid is a service that can help with legal costs if you can’t afford legal representation and court access. It’s a way to ensure that everyone has equal access to justice.

In this article

Who qualifies for Legal aid?

Applicants need to prove they can’t pay, and that the matter is important.

A parent or carer can request legal aid in the name of a young person under the age of 16, rather than in their own name. This is useful when making a guardianship application. As most young people have little or no personal income or savings, they may be more likely to qualify.

If you are applying for welfare powers, for example in a guardianship or intervention order, legal aid is likely to be awarded regardless of the level of income or savings.

Finding a Solicitor

A solicitor has to apply to the Scottish Legal Aid Board on your behalf.

Many people report it is difficult to qualify for legal aid or to find a solicitor to accept legal aid cases.

The Law Society of Scotland has an online directory of solicitors that will take legal aid cases and you can search for legal services where you live.

Appealing a decision

If you are refused legal aid, your solicitor can ask the Scottish Legal Aid Board to reconsider their decision. However if the decision still stands following an appeal, it is likely you will have to pay privately.

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