What if your application for legal aid is refused?

If we refuse your application, we will tell you and your solicitor the reasons for this decision.

You or your solicitor can ask us to reconsider our decision – in civil and criminal cases you have 15 days to do so from the date we refuse the application. In children's cases you have 14 days.

If you ask us to reconsider the decision, make sure you tell us the reasons why we should.

Some of the reasons we can refuse an application

Criminal legal aid

• Your disposable income is more than the normal limit for granting criminal legal aid.
• Your disposable capital or savings are higher than the normal limit for granting criminal legal aid.
• In summary criminal cases, we do not consider it is in the interests of justice to make legal aid available due to the nature of the charges and/or the other circumstances in the case.

Civil legal aid

• Your disposable income is more than the limit allowed for civil legal aid.
• Your disposable capital exceeds the upper limit for civil legal aid and we don’t think there is a good reason to grant legal aid despite this.
• We don’t think you have a legal basis for your application.
• We don’t think it is reasonable for you to get legal aid for the case, for example because your prospects of success are not good or because you have not tried to resolve matters without going to court.
• You have other rights and facilities that you can use for the case.

Children's legal aid

• Your disposable income is more than the normal limit for granting children’s legal aid.
• Your disposable capital or savings are higher than the normal limit for granting children’s legal aid.
• We don’t think it is reasonable to grant legal aid for the case.
• You have other rights and facilities that you can use for the case.