The new means test was only introduced in magistrates courts on 2 October 2006. It is too early to draw firm conclusions about its overall impact. Delays and ineffective hearings have been reported in some areas, particularly where solicitors are operating protocols. In other areas, the new scheme is starting to work effectively, as practitioners and others adjust to the new scheme. The Government will continue to monitor implementation closely, and will keep the working of the scheme under active review.
There is no residence, nationality or citizenship qualification for receiving civil legal aid funding. Funding is available to anyone who qualifies, provided the applicant is using the courts of England and Wales and the case is within the scope of the scheme. Each application for funding is treated on an individual basis and is subject only to the statutory tests of the means of the applicant and the merits of their case.