Family Solicitors

Months after the Legal Aid Agency confirmed that personal data belonging to hundreds of thousands of legal aid applicants in England and Wales — dating back to 2010 — was accessed and downloaded in a major cyber-attack, large parts of the system remain offline.

While services are rebuilt, some lawyers remain unable to access case records or submit bills, particularly in civil matters, what does this mean for clients now and in the future.

Child Care caseworker Nina Brinklow discusses the recent cyber-attacks and examines how the guidance has changed on making applications, since the LAA’s online portal is inaccessible and is likely to remain so for the foreseeable future.

What Is Legal Aid?

Legal Aid is a government-funded service designed to help people cover legal costs for advice, mediation, and representation in courts or tribunals. It supports those who may be vulnerable due to abuse, discrimination, forced marriage, or criminal allegations, ensuring that justice is accessible regardless of financial means.

More than free legal services, Legal Aid is a commitment to fairness and equality within the justice system.

Who Qualifies for Legal Aid?

Eligibility is determined through three key assessments:

1. Financial Means Test

Your income, savings, and benefits are assessed. Individuals receiving certain benefits (e.g. Universal Credit) may automatically qualify. Others may receive partial aid, with contributions toward legal costs if above the income threshold.

2. Type of Legal Issue

Legal Aid is available in specific areas such as:

• Family law matters involving domestic abuse or child protection:
• Care Proceedings including discharge of orders in the future.
• Child Arrangements Order
• Specific Issue Order
• Prohibited Steps Orders
• Female Genital Mutilation
• Forced Marriage Protection Orders
• Special Guardianship Orders

For private law children matters, proof of domestic violence or risk to children is essential.

3. Merit Test

The case must have a reasonable chance of success and justify the use of public funding.

Once the provider firm submits the application (along with financial documents and case details), the Legal Aid Agency reviews it for eligibility. Work on the case begins only after formal approval — applications may take a few weeks to process.

Children in Care Proceedings and their parents or carers with Parental Responsibility automatically qualify.

?? The 2025 Cyber-Attack

On 23 April 2025, the Legal Aid Agency experienced a significant cyber-attack, exposing more than a decade’s worth of sensitive applicant data — including personal and financial information.

Immediate Impact

Digital services used by Legal Aid providers were disabled. Providers lost access to:

• Active applications and certificates
• Payment requests
• Permission systems for case work

The Agency initially predicted a short-term shutdown.

Further Revelations

On 16 May 2025, the breach was found to be more extensive. Affected data included:

• Names and contact details
• Dates of birth
• National Insurance numbers
• Criminal and employment history
• Financial records

Applicants were informed and advised to take protective steps.

Transition to Paper-Based Applications

Due to the outage, online processes were replaced with a paper-based system — significantly slower and more labour-intensive. Key challenges include:

• No way to submit or amend applications online
• Uncertainty over pre-shutdown applications
• Increased staff workload with no additional compensation (as delays are treated as non-recoverable office overheads)

Updated Guidance from the Legal Aid Agency

As of June, the Agency has issued new guidance for providers:

• Systems may be partially restored by September
• Until then, applications must include:
• Civil means assessment forms
• Financial documentation
• Statements of case
• Valid domestic abuse evidence
• Court documents and barrister’s opinions (if relevant)
• Opponent statements or expert reports (as applicable)

Can You Still Access Legal Aid?

Yes — Legal Aid is still available. While the process may take longer due to the system disruption, support remains in place to help those who qualify.

If you would like more information or assistance with funding applications, we encourage you to get in touch. Justice should never be out of reach.

About the Author

Nina Brinklow is a Caseworker in the Child Care department at Duncan Lewis, based in the Milton Keynes office. Nina assists Sophie Rayment in representing clients in both private and public law children matters. She also assists clients in relation to domestic abuse issues including non-molestation orders and occupation orders.

For advice or assistance on family matters, please contact Nina via email at ninab@duncanlewis.com

Why Duncan Lewis?

Duncan Lewis Solicitors, an award-winning law firm, is renowned for its exceptional legal services and commitment to justice. It is the largest legal provider in the UK. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the LexisNexis awards 2024, further establishing its credentials as one of the leading law firms in the UK.