If you’re involved with social services or facing care proceedings, one of the first questions many parents and carers ask is: “Can I get legal aid?” The good news is that in many situations, particularly when a local authority is involved in your child’s care, you may be entitled to legal aid, often without any cost to you.

In this guide, we explain who qualifies for legal aid in family court, how the process works, and what evidence you need to provide if you’re a relative or carer looking to be involved in public law proceedings.

Who Can Get Legal Aid for Care Proceedings?

If you’re a parent or person with parental responsibility and are involved in pre-proceedings or care proceedings brought by the local authority, you are automatically entitled to legal aid. This includes advice and full legal representation in court.

This applies whether:

• You are the child’s birth mother or father

• You hold parental responsibility through a Child Arrangements Order, Special Guardianship Order, or other legal means

• You have been notified by social services that a Letter Before Proceedings has been issued

If you’re unsure whether you have parental responsibility, a solicitor can help you clarify this quickly.

Legal aid in these situations is not means-tested, which means your income or savings do not affect your eligibility. You do not need to be receiving benefits or be unemployed to qualify. If you’re facing public law proceedings, the focus is on your legal role, not your finances.

What Is Pre-Proceedings Legal Aid?

Pre-proceedings legal aid is legal support available to parents or carers when the local authority is considering court action but hasn’t yet issued proceedings. If you’ve received a Letter Before Proceedings, this is your chance to get legal advice before the case reaches the Family Court.

At this stage, you’re entitled to free legal representation in formal meetings with social workers and the council’s legal team. Your solicitor can help you understand the concerns raised, support you in responding to them, and work with you to try to prevent the case from escalating into court proceedings.

This type of legal aid for care proceedings is critical, because once a court case begins, decisions about your child’s care may move quickly.

Can I Get Legal Aid for Family Court as a Relative?

If you’re a grandparent, aunt, uncle, older sibling, or other extended family member, you may also be eligible for public law proceedings legal aid, but the process is different from parents.

You could be entitled to legal aid if:

• You are being assessed or considered as a potential carer for the child (sometimes known as kinship care)

• You are applying for a Special Guardianship Order

• You want to challenge a negative assessment made by the local authority

• You have been joined as a party to the case by the court

For relatives, legal aid is means-tested, meaning your income, benefits, and savings will be considered. You must also show that your case has legal merit. A solicitor can help assess your eligibility and complete the application with you.

How to Qualify for Legal Aid as a Relative or Carer

If you are not a parent, but believe you may be entitled to legal aid, you’ll need to provide some key financial documents as part of the application process.

Here’s what’s typically required:

• Three months of recent bank statements from all accounts in your name (including joint accounts, even if you don’t use them often)

• Recent benefit letters showing what you receive (e.g. Universal Credit, Income Support, Guaranteed Pension Credit)

• Wage slips for the last three months if you are working

• Evidence of rent or mortgage payments, childcare costs, or other major outgoings if applicable

• National Insurance number and photo ID (such as a passport or driving licence)

These documents help the Legal Aid Agency determine whether your income and savings fall within the eligibility limits.

If you are financially eligible and the solicitor confirms that your case has merit, for example, if you’re applying to be assessed as a special guardian or want to challenge how the local authority has handled your involvement, you may receive full legal aid funding.

What If I Can’t Afford a Solicitor and Don’t Qualify?

Even if you don’t immediately qualify for legal aid, you should still contact a solicitor to discuss your options. You may be eligible for alternative funding, or the court may order the local authority to pay for an assessment or advice in certain circumstances, particularly if you’re a potential carer for the child.

In cases involving Special Guardianship Orders, local authorities are often required to fund legal advice for the relative or friend caring for the child, especially where it forms part of a formal care plan.

A family law solicitor will assess your circumstances and guide you through the next steps.

Why Legal Aid Is So Important in Public Law Family Cases

When it comes to care proceedings, pre-proceedings, or any involvement with children’s services, having a solicitor on your side can make a major difference. These are complex processes involving formal meetings, assessments, and, if the case escalates, court hearings that could affect where your child lives or who cares for them.

A solicitor can:

• Explain your rights clearly

• Represent you in pre-proceedings meetings

• Help you respond to assessments or local authority concerns

• Represent you in court, if needed

• Help identify and support kinship carers if the child cannot remain at home

Because of the serious nature of these cases, the government ensures that legal aid is widely available, especially to parents and carers.

Get Legal Help Early

If you’ve received a Letter Before Proceedings, been contacted by social services, or are worried about court involvement, you should seek legal advice immediately. Acting early improves your chances of working with the local authority and avoiding court action.

At Berkson Family Law, we are specialists in care proceedings legal aid, public law proceedings, and pre-proceedings legal advice. Our experienced solicitors can help you understand your legal rights, access the support you’re entitled to, and navigate the process with confidence.

We represent children, parents, guardians, and relatives across England and Wales, and we can help you find the best route forward for your family.

Contact us today for a free, confidential consultation.
Phone: 0151 236 1234
Email: info@berksonfamilylaw.co.uk