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Legal Q&A: Legal aid for unaccompanied children's immigration cases

What is legal aid?

Legal aid is funding provided by the government to help meet the costs of some types of legal advice to people otherwise unable to afford legal representation. Not all areas of law are eligible for legal aid - most immigration and private family cases are not eligible. Legal aid is also subject to a means and merits test - a financial test and a judgment on the strength of their case.

What is Exceptional Case Funding?

Exceptional Case Funding (ECF) was designed to be a safety net to allow for legal aid to be granted in cases where failing to provide funding would risk a breach of someone's human rights or European Union law. Whether it is granted will depend on the importance of the issues at stake; the complexity of the procedural, legal and evidential issues and the ability of the individual to represent themselves (or to participate in the process) without legal assistance, bearing in mind their age and mental capacity.

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