Author: Budget Legal Advice

If you rent your home under an assured shorthold tenancy in England or Wales, and you paid a deposit, your landlord is legally required to protect that money in a government-approved scheme. This is not optional guidance — it is a statutory requirement, and getting it wrong can carry real financial consequences for a landlord.

The three approved schemes

Landlords in England and Wales must use one of three government-approved tenancy deposit protection schemes:

• The Deposit Protection Service
• MyDeposits
• The Tenancy Deposit Scheme

Each works slightly differently in its detail, but all exist for the same legal purpose: holding the deposit securely and independently of the landlord, so that at the end of the tenancy you get it back provided you have met the terms of your tenancy agreement, not damaged the property, and paid the rent and bills you were responsible for.

The 30-day deadline

A landlord must place your deposit into one of the approved schemes within 30 days of receiving it. Within that same window, they must also give you certain “prescribed information” — details of which scheme is being used, the landlord’s and any letting agent’s contact details, and how to apply to the scheme if a dispute arises. Missing this deadline, or failing to provide the prescribed information properly, is where many tenants’ legal claims against landlords actually originate.

Getting your deposit back

At the end of the tenancy, once you and your landlord agree how much of the deposit should be returned, the landlord must repay it within 10 days of that agreement being reached. If there is a dispute over the amount — for example, the landlord wants to deduct money for cleaning, damage or unpaid rent that you disagree with — the disputed portion stays protected within the scheme until the disagreement is resolved, rather than simply being paid out to whichever side asks first.

Each scheme runs its own free alternative dispute resolution service, which is generally faster and cheaper than going to court, and is the route most tenancy deposit disputes are actually resolved through in practice.

What happens if a landlord doesn’t protect your deposit

If a landlord fails to protect your deposit within the 30-day window, or fails to give you the prescribed information, you can apply to the county court. Courts can order the landlord to either protect the deposit or return it, and can additionally order the landlord to pay you compensation of between one and three times the deposit amount. This is a meaningful financial penalty, deliberately set well above simply returning the deposit itself, and is one of the more consumer-friendly enforcement mechanisms in UK housing law.

A landlord who has failed to protect a deposit correctly is also generally unable to use the standard “Section 21” no-fault eviction route to end the tenancy until the position is put right, which gives tenants a further practical form of leverage.

Steps to take if you believe your deposit wasn’t protected

• Check directly with all three schemes — a landlord may not tell you which one they used, but you (or your solicitor) can search using the tenancy details.
• Keep a copy of your tenancy agreement and any records of when and how you paid the deposit.
• Request the prescribed information in writing if you were never given it.
• If the deposit was not protected at all, consider a county court claim for the statutory compensation described above, in addition to reclaiming the deposit itself.

FAQs

Does this apply to all tenancies?

It applies to assured shorthold tenancies in England and Wales, which covers the vast majority of private residential lettings. Some tenancy types, such as certain lodger arrangements where the landlord lives in the same property, fall outside these rules.

Can a landlord ask for a deposit above a certain amount?

Separately from deposit protection rules, the Tenant Fees Act 2019 caps deposits at five weeks’ rent for most tenancies (six weeks if annual rent is £50,000 or more), so it is worth checking the deposit amount itself is lawful, not just whether it was protected.

What if my landlord and I simply can’t agree on deductions?

Use the free dispute resolution service run by whichever scheme is holding your deposit before considering court action — it is specifically designed for exactly this situation and does not require legal representation.

Sources

• gov.uk: Tenancy deposit protection

When someone dies leaving an estate that needs to be formally administered, their executor or next of kin does not automatically have to instruct a solicitor. In England and Wales, individuals are entitled to apply for the Grant of Probate (or Letters of Administration, if there is no will) themselves, directly through HM Courts and Tribunals Service.

What probate actually is

A Grant of Probate is the legal document confirming an executor’s authority to deal with a deceased person’s estate — closing bank accounts, selling or transferring property, and distributing assets according to the will. If there is no valid will, the equivalent document is called Letters of Administration, and the process is broadly similar but the rules on who is entitled to apply differ, following the rules of intestacy.

Do you actually need a grant at all?

Not every estate needs probate. Smaller estates, or those where assets are held jointly and pass automatically to a surviving co-owner, may not require a formal grant at all. Banks and other institutions often set their own thresholds below which they will release funds without seeing a grant — this varies by institution, so it is worth checking directly with each one holding assets before assuming a grant is required.

The steps to apply yourself

• Register the death and obtain the death certificate.
• Value the estate — every asset (property, savings, investments, personal possessions) and every debt (mortgage, loans, credit cards) needs to be identified and valued as at the date of death.
• Check Inheritance Tax. Even where no tax is ultimately due, most estates need a return submitted to HMRC confirming the position, before or alongside the probate application.
• Apply for the grant, online or by post, once the estate has been valued and any necessary Inheritance Tax steps completed.

The online probate service is the route gov.uk directs most applicants towards, and it is designed to be used without a solicitor, walking the applicant through the required information stage by stage.

Where a DIY application gets harder

Straightforward estates — a will exists, is unambiguous, the executor named is willing and able to act, and the assets are simple (a house, some savings, no business interests or trusts) — are generally the most realistic candidates for a self-managed application. Complexity tends to arise where:

• There is no will, and the rules of intestacy need to be worked through to establish who is entitled to apply and inherit.
• The estate includes business assets, overseas property, or trust interests.
• There is a dispute among family members about the will’s validity or the executor’s conduct.
• Inheritance Tax is due and the estate’s value needs careful calculation, including any reliefs or exemptions claimed.

In these situations, many people still choose to instruct a solicitor for some or all of the process, even though the law does not require it — the self-service route exists as an option, not an obligation.

Costs either way

There is a court fee for applying for the grant itself, payable whether or not a solicitor is involved, with an exemption for smaller estates below a set value threshold. What a solicitor’s involvement adds is professional fees on top of that court fee — sometimes charged as a fixed fee, sometimes as a percentage of the estate’s value — in exchange for handling the administration, correspondence and any complications that arise.

FAQs

Can more than one executor apply together?

Yes. A will can name multiple executors, and up to four can be named on the grant itself, though only one needs to actively apply in many straightforward cases, with the others reserving their power to act later if needed.

What happens if I get something wrong on a DIY application?

HMCTS will generally query missing or inconsistent information rather than reject an application outright, but errors can cause delay. Executors also take on personal responsibility for correctly administering the estate, which is a separate consideration from simply completing the grant application form correctly.

Is the process the same in Scotland or Northern Ireland?

No. Scotland uses a different system called “confirmation,” and Northern Ireland has its own probate office and rules. This guide covers England and Wales only.

Sources

• gov.uk: Applying for probate

The Consumer Rights Act 2015 is the main piece of UK legislation setting out what you are legally entitled to when goods you have bought turn out to be faulty, not as described, or not fit for purpose. It applies across the United Kingdom and consolidated several older pieces of consumer law — including much of the old Sale of Goods Act — into a single, more modern framework.

The three core rights the Act gives you

Under the Act, goods you buy from a trader must be:

• Of satisfactory quality — free from defects, safe, and durable given the price and description.
• Fit for purpose — including any specific purpose you told the seller about before buying.
• As described — matching the description given by the seller, on packaging, online, or in advertising.

If goods fail on any of these points, you have a claim against the retailer you bought from — not the manufacturer — regardless of any separate manufacturer’s warranty.

The 30-day short-term right to reject

For most goods, you have 30 days from the date of purchase (or delivery, if later) in which you can reject faulty goods outright and get a full refund, with no obligation to accept a repair or replacement instead. This is often the strongest position a consumer is in, because after this window closes, the remedies available narrow.

After the first 30 days

Once the short-term right to reject has expired, the Act generally gives the trader the first opportunity to put things right, usually through:

• Repair or replacement, which the trader must carry out within a reasonable time and without significant inconvenience to you.

If a repair or replacement is not possible, does not work, or takes an unreasonably long time, you may then be entitled to:

• A price reduction, or
• A final right to reject for a refund — though after six months from purchase, a deduction can sometimes be made for the use you have already had of the goods.

The six-month presumption

Within the first six months after purchase, if a fault appears, it is presumed in your favour that the fault was already present at the time of sale — it is up to the retailer to prove otherwise if they want to dispute your claim. After six months, the burden shifts, and you may need to show the fault existed at the point of purchase rather than being caused by wear, misuse or an unrelated later event.

Services and digital content too

The Act does not just cover physical goods. Services you pay for must be carried out with reasonable care and skill, within a reasonable time if no time was agreed, and for a reasonable price if none was agreed in advance. Digital content — apps, games, streamed media, downloaded software — must also be of satisfactory quality, fit for purpose and as described, giving you broadly parallel protection to physical goods.

What the Act does not do

It does not require a trader to accept returns simply because you have changed your mind about an in-store purchase — that is a matter of the retailer’s own returns policy, not a legal right, unless the purchase was made online, by phone or at a distance, in which case separate distance-selling cancellation rights can apply instead.

Making a claim in practice

• Contact the retailer first, in writing where possible, setting out the fault and the date of purchase.
• Keep your receipt or other proof of purchase — a bank statement showing the transaction is generally sufficient if you no longer have the original receipt.
• State clearly which remedy you are seeking under the Act, and by when.
• If the retailer refuses a legitimate claim, small claims court action (see our separate guide on bringing a money claim without a solicitor) is the usual next step for lower-value disputes.

FAQs

Does the Consumer Rights Act apply to second-hand goods?

Yes, though what counts as “satisfactory quality” is judged against the price paid and the age and condition the item was described as being in — a fault a buyer should reasonably expect in a used item at a low price is treated differently from the same fault in a new one.

Can a trader refuse a refund and only offer a repair?

Only outside the initial 30-day window, and even then only where repair or replacement is a genuinely available and reasonable remedy. Within the first 30 days, for a genuine fault, you are entitled to reject the goods and choose a refund.

Does the Act apply to purchases from private individuals, not businesses?

No. It only applies to purchases from a trader acting in the course of a business. Buying from a private seller — for example through a classified ad — falls outside the Act, though separate rules about goods being “as described” can still apply.

Sources

• legislation.gov.uk: Consumer Rights Act 2015

A County Court Judgment (CCJ) is a court order made in England and Wales when someone is found to owe money and does not pay it, or does not respond to a claim at all. It is a civil, not a criminal, record — but it can affect your finances for years, which is why understanding how CCJs are recorded, and how to challenge one you believe is wrong, matters.

How a CCJ gets registered

When a money claim is issued in the county court and the person being sued (the defendant) either does not respond within the time allowed, or the court finds against them, a judgment is entered. Details of the judgment — the amount owed, the date, and whether it has since been paid — are sent to the Register of Judgments, Orders and Fines, the official statutory register for England and Wales, operated by Registry Trust on behalf of the Ministry of Justice.

This register is publicly searchable, and it is exactly the kind of record credit reference agencies draw on when compiling your credit file. A judgment normally stays on the register, and therefore on your credit file, for six years from the date it was made, regardless of whether you eventually pay it off. Paying it within one month of judgment allows it to be marked “satisfied” and, in some circumstances, removed from public record — which is one reason acting quickly matters if a judgment has just been entered against you.

Why a CCJ can happen without you realising

Judgments are frequently entered simply because the defendant never responded — not because the debt was necessarily proven beyond doubt in a contested hearing. Court papers sent to an old address, a change of address that was never updated with a creditor, or genuine confusion over who the claim was against, are all common, ordinary reasons a judgment can be registered against someone who had a real defence but never got the chance to make it.

Applying to set a judgment aside

If you believe a CCJ was wrongly entered against you, England and Wales courts allow you to apply to have it “set aside” using form N244, the general application notice used across the civil courts. The form itself explains that it can be used to “ask a court to set aside or vary a judgment or suspend an enforcement process.”

Grounds commonly relied on include:

• You never received the claim form, so had no real opportunity to respond.
• There was a procedural error in how the claim or judgment was handled.
• You have a genuine defence to some or all of the claim that has not yet been heard.

The application carries its own court fee, and the court will want a clear explanation both of why you did not respond originally and what your defence actually is — a bare assertion that you “don’t owe the money” without any supporting detail is unlikely to succeed on its own. If the court grants the application, the case is typically relisted for a proper hearing rather than the judgment simply disappearing outright.

Timing matters

Applications to set aside a judgment should be made promptly once you become aware of it. Courts are entitled to take delay into account, and the longer you wait after discovering a CCJ exists, the harder it can be to persuade a judge that you have acted reasonably.

Checking whether a CCJ exists against you

Because judgments are recorded on the statutory register, you (or anyone else) can search it directly rather than relying solely on a commercial credit report, which may present the same information differently. This is useful both if you suspect a judgment has been entered without your knowledge, and if you are trying to confirm that a judgment you have since paid has been correctly marked as satisfied.

FAQs

Does paying off a CCJ remove it from my credit file immediately?

No. It remains on the register for six years from the judgment date, but if paid in full within one month it can be marked satisfied, and in some circumstances removed from the public register — which is different from your credit file record of the judgment itself.

Is a CCJ the same across the whole UK?

No. This is a specifically England and Wales civil court mechanism. Scotland uses a different system through the sheriff courts, and Northern Ireland has its own separate county court procedure.

Do I need a solicitor to apply to set aside a judgment?

Not necessarily. Form N244 can be completed and submitted by an individual directly, though the underlying legal test for setting aside a judgment can be genuinely complex, and getting advice before applying is worth considering for anything beyond a straightforward missed-paperwork situation.

Sources

• TrustOnline: Register of Judgments, Orders and Fines (Registry Trust, on behalf of the Ministry of Justice)
• gov.uk: Form N244 — application notice
• gov.uk: Make a court claim for money

Court fees can be a genuine barrier to justice. Issuing a straightforward money claim in England and Wales can cost several hundred pounds before a case is even heard, and fees rise sharply for higher-value claims. The Help with Fees scheme exists precisely for this reason: it lets people on low income or with limited savings apply to have court and tribunal fees reduced or waived entirely.

What Help with Fees actually covers

Help with Fees applies to fees charged by Her Majesty’s Courts and Tribunals Service (HMCTS) in England and Wales, including issuing a county court claim, applying for a divorce, or bringing certain tribunal proceedings. It does not cover a solicitor’s own charges — only the fee the court itself charges for the service. If you win your case, the court can still order the other side to repay you the fee, even if you paid nothing yourself because your fee was waived.

Who qualifies

Eligibility is assessed across three separate tests, and you generally need to satisfy the savings and either the benefits or income test.

• Savings test. If you are 61 or under, you typically need savings under £3,000 to £4,250 depending on the size of the fee (the lower the fee, the lower the savings threshold, up to £4,250 for fees of £1,420 or less). If you are 66 or over, you can hold savings up to £16,000 regardless of the fee amount.
• Benefits test. You may automatically qualify if you receive income-based Jobseeker’s Allowance, income-related Employment and Support Allowance, Income Support, Pension Credit (Guarantee Credit), or Universal Credit with annual earnings below £6,000.
• Income test. If you are not on a qualifying benefit, your monthly income is assessed against thresholds that currently sit around £1,420 for a single applicant or £2,130 for someone with a partner, with additional allowances for dependent children.

Depending on where your income and savings fall within these bands, you may get full remission (paying nothing) or partial remission (paying a reduced fee).

How to apply

There are two routes:

• Online, as part of submitting your court application through the relevant online service.
• By post, using form EX160, sent together with your court form to the address specified on the form.

You need to apply separately for each individual fee you want help with — an approval for an issue fee does not automatically cover a later hearing fee, for example. If you have already paid a fee and later realise you may have qualified for help, you can apply for reimbursement, but only within three months of paying, by sending your application directly to the court or tribunal that charged it.

If you don’t have easy internet access or find the online process difficult, support is available by phone to help you complete an application, rather than being left to navigate the paper form alone.

What to have ready before you apply

• Details of your income for the last month (or an average of the last three months if it varies).
• Evidence of any qualifying benefit, such as an award letter or online journal screenshot for Universal Credit.
• A note of your savings and investments, including anything held jointly.
• The fee number or fee amount from the HMCTS fees schedule for the specific application you are making.

Common mistakes to avoid

A frequent issue is applying for help with fees using out-of-date income figures — the assessment looks at your current financial position, not what it was when a dispute first arose months earlier. Another is assuming a single approval covers an entire case from start to finish; multi-stage proceedings, such as a claim that proceeds to a hearing, often carry more than one separate fee, each of which needs its own Help with Fees reference if you want it covered.

FAQs

Does Help with Fees cover a solicitor’s charges?

No. It only ever covers the fee the court or tribunal itself charges. Solicitor or legal representative fees are a completely separate cost, and if you need help with those you may want to look at legal aid eligibility or a fixed-fee arrangement instead.

What happens if I lose my case after getting a fee waiver?

You do not have to repay the waived fee simply because you lost. The scheme assesses your financial circumstances at the time you apply, not the outcome of the case.

Can I get help with fees for a divorce application?

Yes, the scheme covers the standard divorce application fee in England and Wales, alongside county court and many tribunal fees, provided you meet the savings, benefits or income criteria.

Sources

• gov.uk: Get help with court and tribunal fees
• gov.uk: Make a court claim for money

This article covers Acas early conciliation and employment tribunal time limits in Great Britain (England, Wales and Scotland). Northern Ireland has a separate system – see the note at the end. This is general information, not legal advice, and exact deadlines depend on your specific claim.

Why you almost always have to contact Acas first

Before you can bring most types of claim to an employment tribunal in Great Britain, the law requires you to first notify Acas (the Advisory, Conciliation and Arbitration Service) and go through “early conciliation.” This applies to the great majority of tribunal claims – unfair dismissal, discrimination, unlawful deductions from wages, redundancy disputes and more – though a small number of exemptions exist for specific circumstances, such as certain group claims or urgent applications, so check current guidance rather than assuming your situation is exempt.

How early conciliation works

You submit an early conciliation notification to Acas, online or by phone, giving basic details about yourself and your employer. Acas then contacts both sides to see whether the dispute can be resolved without going to a tribunal at all – this is free, confidential, and doesn’t commit either side to settling. The conciliation window runs for up to six weeks, though it can end earlier if either side confirms they don’t want to conciliate, and it can potentially be extended by agreement in some cases. At the end of the process, whatever the outcome, Acas issues an Early Conciliation Certificate with a unique reference number. You need that number to submit a tribunal claim (an ET1 form) – without it, in most cases a tribunal cannot accept your claim.

The time limit clock doesn’t stop while you decide – but it does pause during conciliation

Most employment tribunal claims have a strict time limit, usually three months less one day from the date of the event you’re complaining about – for a dismissal, that’s normally the effective date of termination. Some claim types run to different limits (equal pay and redundancy payment claims, for example, typically allow six months), so don’t assume the three-month rule applies to every situation. Contacting Acas for early conciliation pauses this countdown for the time you’re in the process, effectively extending your overall deadline to reflect the time spent conciliating – the exact calculation is technical and depends on when you notified Acas and when your certificate was issued, so if you’re close to a deadline, check the precise date with Acas or a legal adviser rather than estimating it yourself.

The single most common way people lose the right to bring an otherwise valid claim is simply running out of time – tribunals have very limited discretion to accept a late claim, generally only where it genuinely wasn’t reasonably practicable to claim in time. Don’t wait until you’re sure you want to proceed before contacting Acas; starting early conciliation preserves your position while conciliation is tried.

What conciliation actually achieves

A meaningful proportion of disputes that go through Acas early conciliation settle without ever reaching a tribunal hearing – sometimes through a financial settlement, sometimes through a reference agreement, an apology, or a change to a dismissal record. Acas conciliators are neutral; they don’t represent either side or give legal advice about who’s right, but they can help both sides understand realistic outcomes and facilitate a settlement (often recorded in a COT3 agreement, which is legally binding once signed).

If conciliation doesn’t resolve it

If no settlement is reached, or either party doesn’t want to conciliate, you’re free to submit your ET1 claim to the employment tribunal once you have your certificate number, provided you’re still within your time limit as extended by the conciliation period. Acas conciliators can continue to be available to help settle the case even after a tribunal claim has formally started, right up until a hearing.

Practical steps if you think you have a claim

• Work out the date of the act you’re complaining about and count forward to identify your normal deadline;
• Contact Acas for early conciliation as soon as you’re seriously considering a claim – don’t leave it until close to the deadline;
• Keep the Early Conciliation Certificate and reference number safe – you’ll need it to submit an ET1;
• If you’re near a deadline and unsure how the extension applies to your case, get advice quickly rather than guessing.

Northern Ireland: a different system

The Acas early conciliation process described above applies in England, Wales and Scotland. Northern Ireland has its own separate employment dispute resolution system, run by the Labour Relations Agency (LRA), with its own tribunal system and rules. If you’re bringing a claim in Northern Ireland, the process and time limits above do not apply – contact the LRA directly.

Sources

• Acas, early conciliation – acas.org.uk/early-conciliation
• GOV.UK, “Make a claim to an employment tribunal” – gov.uk/employment-tribunals
• Citizens Advice, employment tribunal time limits – citizensadvice.org.uk
• Labour Relations Agency (Northern Ireland) – lra.org.uk

This article explains Lasting Power of Attorney (LPA) in England and Wales, where it is governed by the Mental Capacity Act 2005 and administered by the Office of the Public Guardian (OPG). Scotland and Northern Ireland have separate legal systems for powers of attorney – see the note at the end. This is general information, not legal advice.

Why an LPA exists at all

An LPA lets someone (the “donor”) formally appoint one or more people (their “attorneys”) to make decisions on their behalf if they’re ever unable to make those decisions themselves – because of illness, an accident, or a condition like dementia. Without one in place, if a person loses mental capacity, their family cannot automatically step in: they have to apply to the Court of Protection to be appointed as a “deputy,” which is slower, more expensive, and comes with ongoing court supervision and annual fees. Setting up an LPA while you still have full mental capacity avoids all of that, but crucially, you can only make one while you do have capacity – you cannot set one up for someone else, or for yourself, after capacity has already been lost.

The two types are not interchangeable

Property and Financial Affairs LPA

This covers decisions about money and property – managing bank accounts, paying bills, collecting income and benefits, dealing with investments, and buying or selling property. Depending on what the donor specifies when setting it up, this type of LPA can be used with the donor’s consent even while they still have capacity (useful if, say, a physical illness makes it hard to get to the bank), or restricted so it only comes into effect once capacity is lost.

Health and Welfare LPA

This covers decisions about daily routine, medical care, and where the person lives, including moving into residential care. Unlike the Property and Finance version, a Health and Welfare LPA can only be used once the donor has actually lost the mental capacity to make the specific decision themselves – it cannot be used while they still have capacity, even with their agreement. It can also, if the donor specifically chooses to include this, give the attorney authority to make decisions about life-sustaining treatment; if this box isn’t ticked on the form, that specific decision stays with medical professionals under separate best-interests rules.

You can set up one type or both, and they can name the same attorneys or different ones – it’s common, for example, to appoint a spouse for both but add an adult child as a replacement attorney only for finances.

Choosing attorneys

Attorneys must be 18 or over and, practically speaking, someone you trust completely and who is comfortable acting in the role. You can appoint more than one attorney and decide whether they must act “jointly” (all agreeing on every decision), “jointly and severally” (any one of them can act alone), or a mixture for different types of decision. You can also name replacement attorneys to step in if your first choice can no longer act. Joint appointments avoid one person having unchecked control, but they can be impractical for day-to-day decisions if attorneys live apart or don’t always agree.

The certificate provider

Every LPA needs an independent certificate provider to confirm the donor understands what they’re signing and isn’t being pressured into it. This has to be either someone who has known the donor personally for at least two years, or a relevant professional such as a GP, solicitor, or other qualified assessor – and it cannot be one of the attorneys or a business partner of theirs. This safeguard exists precisely to prevent the kind of financial or welfare abuse that unsupervised, informal arrangements can allow.

Registration is compulsory before use

An LPA has no legal effect until it’s registered with the Office of the Public Guardian, even if it’s been correctly signed and witnessed – you cannot rely on an unregistered LPA in an emergency. Registration can be done as soon as the LPA is signed (recommended, so it’s ready when needed) or later. A fee applies per LPA registered, with a reduction available for people on a low income and an exemption for people receiving certain means-tested benefits – check the current fee and eligibility on GOV.UK, as fees are periodically reviewed. Registration typically takes several weeks, longer if anyone raises an objection during the statutory notice period.

How this differs from an ordinary power of attorney

An ordinary (non-lasting) power of attorney is only valid while the donor still has mental capacity, and it’s automatically revoked the moment they lose it – it’s typically used for a temporary or specific purpose, like someone going abroad and needing a family member to handle a house sale in their absence. It is not a substitute for an LPA and offers no protection if capacity is lost while it’s in use.

Scotland and Northern Ireland: different systems

The details above apply to England and Wales only. Scotland has its own power of attorney system under the Adults with Incapacity (Scotland) Act 2000, registered with the Office of the Public Guardian (Scotland), with its own continuing (financial) and welfare powers of attorney and separate forms and fees. Northern Ireland’s capacity law framework is separate again. If you or the person you’re helping live in Scotland or Northern Ireland, use the relevant local system rather than the England and Wales process described here.

Sources

• GOV.UK, “Make, register or end a lasting power of attorney” – gov.uk/power-of-attorney
• Office of the Public Guardian – gov.uk/opg
• Office of the Public Guardian (Scotland) – publicguardian-scotland.gov.uk
• Age UK, guide to Lasting Power of Attorney – ageuk.org.uk

This article explains how to complain about a solicitor regulated in England and Wales, and which of the two main bodies – the Legal Ombudsman or the Solicitors Regulation Authority – actually deals with your type of complaint. It is general information, not legal advice.

Two different bodies, two different jobs

People often contact the wrong organisation first, which wastes time. The Legal Ombudsman (LeO) and the Solicitors Regulation Authority (SRA) are separate bodies with genuinely different roles:

• The Legal Ombudsman deals with complaints about the service you received – poor communication, unreasonable delay, overcharging, or a firm not doing what it said it would. It can order compensation to you personally.
• The SRA deals with conduct and regulatory issues – dishonesty, stealing or misusing client money, serious breaches of professional ethics, or a solicitor acting while not properly authorised. The SRA disciplines the solicitor or firm; it does not generally pay compensation to you directly, though a separate SRA Compensation Fund exists for specific situations, such as a firm dishonestly failing to account for your money and being unable to repay it, and grants from that fund are discretionary rather than guaranteed.

Some situations involve both – for example, a firm that lost your money through dishonesty has both let you down on service (LeO territory) and potentially committed serious misconduct (SRA territory). You can raise a matter with both bodies where that’s genuinely the case.

Step 1: always complain to the firm first

Every SRA-regulated firm is required to have a written complaints procedure and to tell clients about it, including who to contact and the time limits involved. Put your complaint in writing, be specific about what went wrong and what outcome you want, and keep a copy. The firm has up to eight weeks to investigate and give you a final response before you can escalate to the Legal Ombudsman – if they don’t respond within that window, or you’re unhappy with their final response, that’s when LeO becomes available.

Step 2: the Legal Ombudsman

The Legal Ombudsman is free to use and independently investigates unresolved service complaints against solicitors and other legal service providers in England and Wales. There are time limits for referring a complaint, generally measured both from when the problem happened and from the firm’s final response – the current time limits are set out in the Legal Ombudsman’s scheme rules, so check these directly rather than assuming, since missing them can mean your complaint isn’t accepted. LeO can direct a firm to apologise, put something right, refund or reduce fees, or pay compensation for distress and inconvenience up to a cap set out in its scheme rules.

Not everyone can use the Legal Ombudsman – it’s aimed at individual consumers and small businesses/charities below certain size thresholds, rather than large commercial clients, and there are some categories of legal work it doesn’t cover. Its website confirms eligibility before you submit a full complaint.

Step 3: the Solicitors Regulation Authority

If what happened looks more like a breach of professional rules than a service failure – dishonesty, a conflict of interest that wasn’t disclosed, misuse of client money held in a client account, or someone practising without proper authorisation – report it to the SRA. The SRA can investigate, and depending on severity, issue a warning, impose conditions on a solicitor’s practice, fine the firm or individual, or refer the most serious cases to the independent Solicitors Disciplinary Tribunal, which can suspend or strike a solicitor off. The SRA’s role is protecting the public and regulatory standards generally, not resolving your individual dispute or compensating you – for that, you generally still need the Legal Ombudsman route (or, in the most serious dishonesty cases involving unrecoverable losses, an application to the SRA Compensation Fund).

What to have ready before you complain

• A clear, dated timeline of what happened;
• Copies of relevant correspondence, invoices and the retainer or engagement letter;
• The firm’s final response letter, if you’ve received one;
• A clear statement of what outcome you’re asking for – an apology, a fee refund, compensation, or a regulatory investigation.

If your complaint involves both money and conduct

It’s legitimate to complain to the Legal Ombudsman about the service failure and separately report the conduct issue to the SRA – they run independently of each other. Be aware, though, that the SRA’s process is about regulatory outcomes (protecting the public, disciplining the solicitor) and won’t itself get your money back; keep pursuing the Legal Ombudsman route, or a separate legal claim, for that.

How long the process typically takes

Timelines vary a lot depending on the complexity of the complaint, but a firm’s internal process generally has up to eight weeks before you can escalate, and the Legal Ombudsman’s own investigation can take longer for more complex cases than a straightforward billing dispute. Being organised from the outset – a clear written complaint, a full set of supporting documents, and a specific outcome you’re asking for – tends to keep things moving faster than a vague or informal complaint that leaves the firm or the Ombudsman having to chase you for clarification.

Sources

• Legal Ombudsman – legalombudsman.org.uk
• Solicitors Regulation Authority, reporting a concern – sra.org.uk/consumers/problems
• SRA Compensation Fund – sra.org.uk/consumers/compensation-fund
• Citizens Advice, complaining about a solicitor – citizensadvice.org.uk

This article covers the small claims process in England and Wales. It is general information, not legal advice. Scotland uses a different system (Simple Procedure in the Sheriff Court) and Northern Ireland has its own small claims court – the detail below does not apply there.

What the small claims track actually is

The small claims track is not a separate court – it’s a way that money claims in the County Court are handled once a claim is defended and allocated. It was designed so people can realistically represent themselves: the procedure is simpler than for higher-value claims, hearings are more informal, and – crucially – the losing side generally cannot be made to pay the winning side’s solicitor’s costs, beyond fixed amounts like the court fee and limited expert or witness expenses. That costs protection is the main reason people bring small claims without a solicitor: even if you win, hiring one would usually cost more than you could recover.

As a general guide, money claims up to £10,000 are normally suitable for the small claims track. Personal injury claims and housing disrepair claims have their own, lower thresholds and additional pre-action steps, so don’t assume the £10,000 figure applies if your claim involves an injury or a landlord’s repair failures – check the current rules on GOV.UK or get specific advice before you start.

Before you claim: the pre-action steps

Courts expect you to have tried to resolve the dispute first. In practice that means sending the other side a clear letter (sometimes called a letter before claim or letter before action) setting out what you’re owed, why, and a reasonable deadline to respond – usually 14 to 30 days depending on the type of claim. Keep a copy and proof of sending. If you skip this step, a judge can penalise you on costs even if you ultimately win, and it often resolves the dispute without needing court at all.

Starting the claim: Money Claim Online

For most straightforward money claims against one or two defendants in England and Wales, you can issue a claim through Money Claim Online (MCOL) or the newer online civil claims service, both accessed via GOV.UK. You’ll need the defendant’s name and address, a clear statement of what you’re claiming and why, and to pay a court fee that scales with the amount claimed – the fee is added to what you’re claiming back, so if you win, the other side generally has to cover it too.

What happens after you issue

• The defendant has 14 days to respond after being served with the claim – they can pay, admit part of it, defend it, or file an Acknowledgment of Service to get a further 14 days (28 in total) to prepare a defence;
• If they do nothing, you can apply for default judgment without a hearing;
• If they file a defence, the court sends both sides a directions questionnaire and the case is allocated to a track – usually small claims if the value fits and the case isn’t unusually complex;
• Once allocated, the court gives directions on what evidence to exchange and by when, and lists a hearing date.

Mediation: usually the next step, not the last resort

In recent years, free mediation through HM Courts & Tribunals Service’s Small Claims Mediation Service has become the default step for most defended small claims before a case reaches a hearing – a short telephone appointment with a trained mediator to see if the dispute can be settled without a judge deciding it. It’s worth taking seriously: it’s free, confidential, and if it doesn’t work you still go to a hearing, but a large proportion of small claims that go to mediation do settle there.

The hearing itself

Small claims hearings are deliberately less formal than higher-value trials. They’re usually held in front of a District Judge, sometimes in a normal courtroom and sometimes in a more informal setting, and the judge often takes an active role in asking questions rather than leaving it entirely to the parties. Strict rules of evidence that apply in higher courts are relaxed. You should still bring organised paperwork – the contract, invoices, messages, photos, or whatever documents support your version of events – and a short, chronological written summary helps both you and the judge.

If you win but they don’t pay

A judgment isn’t the same as getting your money. If the other side doesn’t pay voluntarily, you’ll need a separate enforcement step, such as a warrant of control (to send bailiffs to seize goods), an attachment of earnings order (deducted from their wages), or a charging order against property they own, each with its own application and fee. Before choosing, it’s worth checking whether the debtor actually has money or assets worth pursuing – enforcement costs money and time, and there’s no guarantee of recovery even with a judgment in your favour.

When it’s worth getting advice despite the low cost-risk

The small claims track is built for self-representation, but that doesn’t mean every case is simple. If the legal issue itself is genuinely unclear (not just the facts), if the other side is a business with in-house legal support, or if the claim is close to the track’s value threshold and could be allocated to a more complex track with real costs exposure, a short paid consultation with a solicitor before you file can be worth it even if you go on to run the case yourself.

Sources

• GOV.UK, “Make a court claim for money” – gov.uk/make-court-claim-for-money
• GOV.UK, “Money Claim Online” – gov.uk/make-money-claim
• HM Courts & Tribunals Service, Small Claims Mediation Service – gov.uk/guidance/small-claims-mediation-service
• Citizens Advice, taking someone to court for money – citizensadvice.org.uk

This article explains how legal aid works in England and Wales. It is general information, not legal advice, and eligibility depends on your individual circumstances. Legal aid rules are different in Scotland and in Northern Ireland – see the note at the end.

What legal aid actually is

Legal aid is government-funded help with legal costs, administered in England and Wales by the Legal Aid Agency (LAA), an executive agency of the Ministry of Justice. It can cover advice, representation in court, mediation, or a combination of these, depending on the type of case. Legal aid is not a general fallback for anyone who can’t afford a solicitor – it is restricted to specific categories of case (known as being “in scope”) and, for most civil matters, to people who pass both a means test (based on income and capital) and a merits test (based on whether the case has a reasonable chance of success and is a sensible use of public money).

Why scope matters so much

The single biggest reason people are surprised to be refused legal aid is that their type of problem simply isn’t covered any more. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed large areas of civil law from scope, including most private family law disputes (such as ordinary divorce or child arrangements disagreements), most debt and welfare benefits matters, and most employment cases. If your case isn’t in one of the remaining protected categories, you generally cannot get legal aid for it regardless of your income, though some family cases can still qualify if there is evidence of domestic abuse or a child protection concern.

Areas that generally remain in scope

• Domestic abuse and forced marriage protection, including injunctions;
• Child protection and care proceedings brought by a local authority;
• Special educational needs (SEN) disputes with a local authority;
• Housing cases where you are at risk of losing your home – for example repossession, eviction, or serious disrepair affecting health;
• Homelessness applications and reviews;
• Community care and some mental health tribunal cases;
• Asylum cases and immigration detention;
• Discrimination claims;
• Clinical negligence specifically relating to babies who suffered neurological injury during birth.

This list is not exhaustive and the detailed rules within each category are technical – whether a specific case qualifies often turns on the exact facts, so it is worth getting an actual assessment rather than assuming either way from a general list like this one.

The means test: what it looks at

For civil legal aid, the LAA assesses your gross income, disposable income (after certain allowances for tax, housing costs, childcare and dependants) and disposable capital (savings, investments and equity in property above certain thresholds). The exact income and capital limits are reviewed and can change, and some categories of case – such as domestic abuse injunctions and some children’s cases – have different or relaxed means-testing rules. Rather than relying on a fixed figure, use the official “Check if you can get legal aid” tool on GOV.UK, which applies the current thresholds to your actual circumstances.

The merits test

Passing the means test is not enough on its own. The LAA (or, for criminal cases, the court) also has to be satisfied that funding your case is a reasonable use of public money – broadly, that it has a real prospect of success and that the likely benefit justifies the cost. Cases that are very weak, or where the cost of funding would be disproportionate to what’s at stake, can be refused even if you are financially eligible.

Criminal legal aid works differently

If you are questioned at a police station, advice from the duty solicitor is free and not means-tested, regardless of your income. Legal aid for representation at the magistrates’ or Crown Court is assessed differently from civil legal aid: magistrates’ court legal aid is means-tested (and for higher earners, may not be available, or may come with a requirement to pay privately if convicted), while Crown Court legal aid involves a means assessment that can require an income-based contribution during the case, which may be refunded if you are acquitted.

Free or low-cost alternatives if you don’t qualify

• Civil Legal Advice (CLA): a free, confidential telephone service for people who are financially eligible on specific topics such as debt, discrimination, special educational needs and some housing and family issues, even where you wouldn’t otherwise know where to start.
• Law centres and pro bono clinics: some areas have law centres or university law clinics offering free advice on a limited range of matters, though capacity is often stretched.
• Citizens Advice: a good first stop for understanding your options and whether your issue might be in scope for legal aid at all.
• Conditional fee (“no win, no fee”) agreements: for certain types of civil claim, notably personal injury, a solicitor may take a case on this basis instead of legal aid.
• Trade union or insurance-backed legal cover: check whether an existing union membership, home insurance or car insurance policy includes legal expenses cover for your type of problem.

How to actually apply

You don’t apply to the Legal Aid Agency directly in most cases – you approach a solicitor or advice provider with a legal aid contract for the relevant category of work, and they assess your eligibility and submit the application on your behalf. Not every firm does legal aid work, and not every firm does it for every category, so it’s worth checking specifically before you get in touch. The Law Society’s “Find a Legal Aid Solicitor” search lets you filter by location and type of problem.

Scotland and Northern Ireland: different systems entirely

Everything above describes England and Wales. Scotland has its own legal aid system run by the Scottish Legal Aid Board (SLAB), with different scope rules, thresholds and application routes. Northern Ireland has its own separate legal aid system too. If you are based in Scotland or Northern Ireland, don’t rely on the England and Wales rules above – check with SLAB or the Northern Ireland system directly.

Sources

• GOV.UK, “Check if you can get legal aid” – gov.uk/check-legal-aid
• GOV.UK, “Legal aid” overview – gov.uk/legal-aid
• The Law Society, Find a Legal Aid Solicitor – lawsociety.org.uk
• Citizens Advice, legal aid guidance – citizensadvice.org.uk
• Scottish Legal Aid Board – slab.org.uk