Funding for Children Cases
Legal Aid for Child Arrangements
Legal Aid is not usually available for every private dispute about children. In a qualifying case, the statutory scope gateway, evidence requirements, financial eligibility and applicable merits tests are separate requirements. Meeting one does not guarantee funding.
Which child arrangements cases may be in scope?
An adult applying for help in ordinary private law children proceedings will usually need to show that a statutory gateway applies. The main gateways are domestic abuse and child abuse. The application must also relate to proceedings covered by the relevant gateway; an allegation or concern on its own does not bring every case into scope.
Domestic abuse is not limited to physical violence. Depending on the circumstances, it can include controlling or coercive behaviour, psychological, physical, sexual, economic or emotional abuse. For the domestic abuse gateway, the applicant must have been, or be at risk of being, a victim of abuse by the other person in the relevant family relationship.
The child-abuse gateway is distinct: the child who is, or would be, the subject of the order must be at risk of abuse from someone other than the person applying for Legal Aid, and the case must concern an order covered by that gateway.
Section 8 Children Act 1989 proceedings can include child arrangements, prohibited steps and specific issue orders, subject to the gateway conditions. Public law care proceedings have a different funding route and rules. Social services involvement does not, by itself, make a separate private dispute eligible.
- Domestic abuse: the applicant has experienced, or is at risk of, domestic abuse by the other person in the relevant family relationship.
- Child abuse: the child is at risk of abuse by someone other than the applicant, and the proceedings concern an order covered by the statutory gateway.
- Covered order examples: child arrangements, prohibited steps and specific issue orders under section 8, where the relevant gateway conditions are met.
- Care proceedings: different public law rules apply; social services involvement alone does not qualify a private children case.
Domestic abuse: what evidence may be accepted?
For the domestic abuse gateway, evidence must be in one or more of the forms prescribed by the Civil Legal Aid (Procedure) Regulations 2012. Examples include relevant arrest, caution, conviction or ongoing criminal proceedings; qualifying protective orders or undertakings; court findings or expert reports; and qualifying letters or reports from health professionals, safeguarding bodies, public authorities or domestic abuse support organisations.
Evidence of economic abuse may also be relevant where it meets the applicable requirements. The source and content of the document matter: for example, a police incident number, a general GP letter or a safeguarding report does not automatically meet the prescribed test. The requirements differ by evidence type. We can help identify what may be needed; you do not need to obtain every document before speaking to an adviser.
This is a non-exhaustive guide, not a promise that a particular document will be accepted. If you rely on the child-abuse gateway, the evidence and gateway requirements for that route must also be checked.
- Relevant arrest, police caution, conviction or criminal proceedings that have not concluded.
- A qualifying protective injunction, protection notice or undertaking.
- A court finding of domestic abuse or a qualifying expert report prepared for court proceedings.
- Qualifying letters or reports from health professionals, safeguarding forums, public authorities or domestic abuse support organisations.
- Documents relating to economic abuse, if they satisfy the requirements for the evidence category relied on.
The legal aid means test
For most civil legal aid, the general financial limits below apply. Figures checked on 7 October 2026; limits and guidance can change. The Legal Aid Agency calculates disposable income and capital under detailed rules, so they are not simply your take-home pay or the total shown in a bank account.
| Assessment | General limit |
|---|---|
| Gross monthly income | £2,657 |
| Disposable monthly income | £733 |
| Disposable capital | £8,000 |
- Dependants: add £222 to the gross monthly income limit for the fifth and each further qualifying dependent child.
- Benefits: Universal Credit and certain other named benefits passport you through the income assessment, but your capital must still be assessed.
- Property and savings: savings, investments and an interest in property may count, subject to applicable deductions and disregards.
- Partners: a partner’s resources may need to be included, subject to the rules and relevant exceptions.
- Contributions: for licensed work, a contribution may be required if disposable income is over £315 a month and/or disposable capital is over £3,000. The contribution rules differ for controlled work.
Financial eligibility is not the merits test
Financial eligibility and the applicable merits requirements are normally separate, cumulative tests. For full representation in a private law children case, the Legal Aid Agency must be satisfied that the case falls within a permitted prospects-of-success category and that the reasonable private paying individual test is met.
In plain English, the Agency considers the proposed case and its prospects, the likely benefit of the legal work, and whether that benefit justifies the likely cost. Passing the means test and providing qualifying abuse evidence do not, by themselves, establish entitlement to representation.
What to gather before an eligibility check
The evidence needed depends on the type and stage of funding. The Legal Aid Agency’s requirements differ between controlled work and licensed representation. These documents can help a solicitor identify the right route and assess your circumstances:
- Court applications, orders, case papers and any upcoming hearing dates.
- Documents that may support the domestic abuse or child-abuse gateway.
- Benefit award details and evidence of income.
- Bank statements and details of savings, investments and property.
- Housing costs, childcare costs and details of dependants.
- A short account of the dispute, the child arrangements sought and the outcome you hope to achieve.
Official guidance and legislation
Common questions
Does Universal Credit automatically qualify me?
No. It usually passports you through the income assessment, but capital must still be assessed and your case must be in scope and meet the applicable merits requirements.
Does social services involvement automatically qualify me?
No. Public law care proceedings have a different funding route. A private child arrangements dispute must meet its own statutory scope gateway and other requirements.
Is Legal Aid always free?
No. Contributions can be required for licensed representation if your assessed disposable income or capital is above the relevant contribution thresholds.
Does domestic abuse have to be physical?
No. Depending on the circumstances, domestic abuse can include controlling or coercive behaviour, and psychological, economic, emotional, sexual or physical abuse.
Can I qualify if I have not experienced domestic abuse myself?
Potentially. The separate child-abuse gateway may apply where the child is at risk of abuse from someone other than the applicant and the proceedings concern an order covered by that gateway.
Does domestic abuse evidence guarantee Legal Aid for a child arrangements case?
No. The evidence must meet the prescribed requirements, the case must be in scope, and you must meet the financial and applicable merits tests. A means-test waiver is limited to specified applications for protection from domestic abuse or forced marriage, and committal for breach; it is not a general waiver for child arrangements proceedings simply because domestic abuse is alleged.