Courts: Disability

Legally-aided advice and representation is available to disabled people on the same basis as it is to the wider population. The issue must usually be in-scope of legal aid, and applicants are subject to means and merits tests, if applicable.

Duty solicitors may be available in some proceedings to help ensure individuals, regardless of disability, are able to access representation.

The Housing Loss Prevention Advice Service offers on the day in-court emergency representation to anyone at risk of losing their home.

At the magistrates’ court, a disabled person who has been charged with a criminal offence is entitled to the same legal protections and support as any other defendant. This includes access to the Court Duty Solicitor Scheme, which provides free legal advice and assistance to unrepresented individuals on their first appearance.

With regards to financial eligibility for legal aid, there are several disability-related payments that are disregarded from the income assessment for criminal and civil legal aid. These include Disability Living Allowance, Personal Independence Payment, direct payments and Attendance Allowance.

Our current grant programmes are providing over £6 million of grant funding up to March 2026 to over 60 organisations across the advice sector. This funding will help organisations to sustain and improve their legal support provision, including support at court where necessary.

HM Courts & Tribunals Service (HMCTS) provides reasonable adjustments for disabled court and tribunal users in accordance with its legal duty under the Equality Act 2010. To meet its wider Public Sector Equality Duty and the commitments in its vulnerability action plan, HMCTS also has a wider duty to take steps to avoid treating people less favourably because of their disability. Court and tribunal users are encouraged to get in touch with HMCTS to discuss any particular adjustments or support they require, to enable their individual needs to be met when they attend court.