Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Going to court is stressful enough without worrying about how you'll pay the fees attached to it. The good news is that the courts and tribunals service in England and Wales runs a fee remission scheme, and there are several forms designed to help people on lower incomes or limited savings reduce or avoid paying altogether.
On this page I'll walk through the main help with fees forms you're likely to encounter, what each one does, and when you'd use it. Whether you're making a Court of Protection application for a relative, challenging a decision at tribunal, or dealing with an urgent matter, there is usually a route to request support with the cost. Understanding which form fits your circumstances is the first step.
What this document is
Help with fees (sometimes called fee remission) is the government scheme that lets people pay a reduced court or tribunal fee, or nothing at all, if their income and savings fall below set thresholds. The scheme is run by HM Courts and Tribunals Service and covers most civil court proceedings, family matters, and tribunal applications in England and Wales.
Different forms exist because different courts have slightly different processes. The EX160 covers general court and tribunal applications, the COP44A is specific to the Court of Protection, the EX160B deals with emergency situations where you need the court to act before your remission application has been decided, and the EX504 relates to fee references for certain graduated fee matters.
Eligibility generally looks at two things: how much you earn and how much you have in savings or capital. If you receive certain means-tested benefits, you may automatically qualify. You will usually need to provide evidence, such as bank statements, payslips or benefit letters, when you submit the form.
How to use this document
Work out which form fits your situation. The form you need depends on the court or tribunal you're applying to. For most civil and family matters, use the EX160. For Court of Protection applications, use the COP44A. For urgent or emergency applications where you cannot wait for a decision, the EX160B is the right route.
Gather the evidence you'll need. Help with fees decisions are based on financial information, so you should have recent bank statements, payslips, proof of any benefits you receive, and details of savings or capital. If you share finances with a partner, their information will usually be needed too, unless you're applying against them.
Complete the form carefully. Read each question before answering and be accurate about your income, savings, and household circumstances. Mistakes or missing information are the most common reason applications are delayed or refused, so take your time and double check the figures before you sign.
Submit the form alongside your court application. The help with fees form should usually go in at the same time as the main application or claim you're making. If you send the application in without it, you may be asked to pay the full fee upfront. Keep a copy of everything you send.
Wait for the decision and respond to any queries. HMCTS will assess your application and either grant full remission, partial remission, or ask you to pay in full. If they need more evidence they'll contact you, so respond quickly to avoid your main case being held up.
Eligibility is based on your disposable capital (savings and certain assets) and your gross monthly income. People on low incomes, those receiving qualifying means-tested benefits, and those with limited savings may get their fee fully waived or reduced. The thresholds change over time and depend on household size, so check the current figures on gov.uk before you apply.
Q What is the difference between form EX160 and form COP44A?
The EX160 is the general form used to request help with fees for most courts and tribunals in England and Wales. The COP44A is specific to the Court of Protection, which handles matters involving people who lack mental capacity to make certain decisions themselves. Use the form that matches the court you're applying to, otherwise your request may be rejected.
Q Can I still get help with fees if I have savings?
Possibly. The scheme applies a disposable capital test, so modest savings do not automatically disqualify you. The allowance depends on your age and the fee being charged. Larger fees often come with higher capital allowances. Certain types of capital, such as the home you live in and personal belongings, are usually disregarded in the assessment.
Q What happens if I need to act urgently and cannot wait for a decision?
If your matter is genuinely urgent, for example an emergency injunction, form EX160B allows the court to process your application while your help with fees request is being considered. You undertake either to pursue the remission application or to pay the fee if remission is refused. This is a safety net to avoid urgent matters being delayed by paperwork.
Q Do I need to pay anything if my application is successful?
If you qualify for full remission, you pay nothing. If you qualify for partial remission, you pay a reduced amount and HMCTS covers the rest. If your circumstances change significantly during the case, you may need to reapply for remission on any further fees that arise, because each fee is assessed separately.
Q What if my help with fees application is refused?
If your application is turned down, you'll usually be told why and given the chance to pay the fee or provide further evidence. You may also ask for the decision to be reviewed if you think it was wrong. If you genuinely cannot afford the fee, it is worth seeking guidance before abandoning your claim, as there may be other options available.
Q Can someone else apply for help with fees on my behalf?
Yes, in some situations. For example, if you are applying to the Court of Protection for a person who lacks capacity, you may apply for fee remission using their financial details, since the fee relates to their matter. A legal representative or litigation friend can also help complete the forms, but the financial information must reflect the correct person.
Choosing the right help with fees form, and getting the financial evidence right first time, can save weeks of delay on your case. An experienced legal adviser can talk through your situation on the phone and help you think through the practical steps based on what you describe.
✓Plain-English answers to your specific questions about fee remission
✓Guidance tailored to what you describe about your income and savings
✓A clearer view of which form fits your court or tribunal application
✓Practical perspective on your next steps before you submit anything
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.