The idea of appearing in court or making an application to court can feel worrying – especially because there are often fees involved.
If money is tight, you may be able to get help with court fees.
It can sometimes be difficult to understand who is entitled to help with court and tribunal fees, so we’ve put together a quick guide that will help you understand what help is out there, who is entitled to support, and how you may be able to access it.
What are court fees?
If you are going to court – whether it’s your decision or not – you’ll usually have to pay a fee.
As well as this initial fee, you’ll sometimes have to pay a ‘hearing fee’ too. A hearing is usually the second step in the court process – where a judge will be asked to make a legal decision if both sides can’t come to a settlement themselves.
Some examples of when you might have to pay a court fee
As you can imagine, courts are there to help settle all kinds of legal issues – so there are lots of different reasons you may have to pay county court costs.
More often than not, these fees crop up when people are going to family court to discuss divorce, maintenance, or parental rights relating to a child. Also, fees are usually due when discussing financial issues – such as setting aside a County Court Judgment (CCJ) or when debt collection issues reach a court level.
Getting help with court fees
There are two kinds of support you can get with the fees that relate to court or tribunal cases – legal aid and support with court costs through the government’s EX160 form.
Legal aid is only available for certain kinds of case – whereas more general help paying court costs is available for any kind of case for eligible people.
Let’s take a look at both in detail.
It’s important to note that legal aid and other kinds of support for court costs are not linked, so even if you’re not eligible for legal aid, it doesn’t mean you can’t explore additional help.
Legal aid
Legal aid is designed to help with the costs of legal advice, family mediation, and representation in a court or tribunal.
To get this kind of help, you’ll need to prove that:
- The case is one that’s eligible for legal aid
- The problem is a serious one that must be heard in court
- You cannot afford the costs involved
Some examples of instances when legal aid is available include:
- If you’ve been accused of a crime and you face prison or another kind of custodial sentence
- You’re facing discrimination
- You or your family are at risk of abuse – for instance, because of domestic violence or forced marriage
- You could face losing your home or homelessness
- You need family mediation
- You have a case that you need to add a legal argument to – or your case falls under the Human Rights Act
Unless you’re a legal expert, it can be difficult to understand if those things apply to you. However, it’s possible to get free help through Citizen’s Advice to help you understand your case.
Alternatively, if you have internet access, you can use the .GOV service to check if you’re eligible for legal aid. The online checking service only works if you’re looking at non-criminal case (called ‘civil’ cases). If you’re being charged with a crime, your appointed solicitor or barrister will be able to offer advice.
EX160C support with court costs
The government’s scheme to help people with court costs is designed for people who simply cannot afford the costs, no matter what kind of case they’re involved with.
The scheme is often given the name ‘EX160’ – as this is the name of the form that you need to complete to apply for help. It’s also sometimes referred to as ‘fee remission’.
Who can get help with court fees?
According to the most up to date information from the government website, the following people can apply for this kind of support:
- People with little or no savings or investments
- People who receive certain benefits
- People who are on a low income
It’s usually only individuals who can apply for this kind of support with fees – but there are some exceptions, including sole traders (people who run their own business).
Is help only available for UK nationals?
Support is available for both UK nationals and non-UK nationals. Support is available as long as your case is being heard by a UK court or tribunal.
However, when cases are being heard by the Immigration and Asylum Chamber (also know as the ‘First-tier Tribunal) you will not be eligible for support if you are not in the UK at the time of starting your appeal.
Which benefits make someone eligible for court fee support?
As we’ve already mentioned, being eligible for certain benefits can make you eligible for support with court and tribunal fees. They include the following benefits:
- Income Support
- Universal Credit (as long as you earn less than £6,000 a year)
- Income-based Jobseeker’s Allowance (JSA)
- Income-related Employment and Support Allowance (ESA)
- Pension Credit (Guarantee Credit)
- Scottish Civil Legal Aid (not Advice and Assistance, or Advice by Way of Representation)
What happens if you’re not on benefits but have a low income?
If you don’t received any of the benefits mentioned above, you may still be eligible if your income is considered to be very low. According to the detailed guidance from the government, a low income means:
- £1,085 per month (before tax) if you are single
- £1,245 per month (before tax) if you are in a relationship
How to apply
There are two ways to explore getting support with court costs.
You can apply for help with court fees online by visiting: https://www.gov.uk/get-help-with-court-fees
Alternatively, you can download paper versions of the forms needed here: https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
Getting further advice
If you need further assistance with either getting support with court-related costs or understanding whether or not your case is eligible, you can explore the government guidance in detail here: https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees/how-to-apply-for-help-with-fees-ex160a
