Regulators urged to address access crisis

Access to justice in England and Wales is facing a severe crisis, with millions of individuals unable to navigate legal disputes. This alarming situation has been underscored by a recent report titled ‘Regulatory Leadership on Access to Justice’, which was commissioned by the Legal Services Consumer Panel (LSCP) in partnership with the Legal Services Board (LSB). Conducted by Nottingham Law School, the report calls upon legal services regulators to take decisive action to address the growing number of unmet legal needs, especially among vulnerable communities.

According to the LSB’s own research, approximately 3.6 million adults in England and Wales are grappling with unresolved legal disputes. Furthermore, nearly 90% of respondents believe that “the law is a game in which the skilful and resourceful are more likely to get what they want.” This disparity highlights a systemic issue where access to legal support is not equitably available, despite its importance in improving overall health, income, housing, and employment.

The report advocates for regulators to adopt innovative practices observed in other regions such as Canada and Australia, emphasising that while government funding is critical for access to justice, the real focus should also be on regulatory creativity, collaboration, and the removal of barriers that hinder access. The findings urge regulators to take inspiration from these examples to develop proactive strategies that facilitate access to justice for all.

Several barriers contributing to this crisis have been identified in the report, including the closure of legal advice centres and a general lack of public awareness regarding legal rights. As such, key recommendations by the report include revising codes of conduct to prioritise access to justice, creating innovation sandboxes to test new solutions, and fostering cross-sector collaboration with government bodies and charities to address the root causes of injustice. Additionally, it emphasises the need for public legal education initiatives to empower individuals with knowledge of their legal rights.

Dr Liz Curran, Associate Professor at Nottingham Law School, reflects on the gravity of the situation, asserting that “ensuring access to justice is essential for tackling inequality.” She critiques the current superficial fixes and calls for an evidence-based approach to significantly enhance access to justice. Curran highlights the need for action at multiple levels and reinforces that all regulators have a role to play in this critical endeavour.

Tom Hayhoe, Chair of the Legal Services Consumer Panel, stresses that “access to justice is a fundamental right,” yet many continue to lack essential information and support. He urges regulators to act firmly and swiftly, emphasising the need for “bold, coordinated action to improve the status quo.”

Catherine Brown, Interim Chair of the Legal Services Board, echoes this sentiment, noting that “one of the most pressing challenges facing the legal sector is unmet legal need,” particularly among those in vulnerable situations. She reassures that the LSB is committed to carefully considering the report's recommendations in relation to their statutory duties.

As the report makes clear, an urgent call to action has been made for all stakeholders in the legal services sector. It is imperative that proactive measures are implemented to ensure that access to justice is not merely a privilege for the few, but a right guaranteed for all.

The report can be found here: https://www.legalservicesconsumerpanel.org.uk/wp-content/uploads/2025/04/25.04.01-Regulatory-Leadership-on-Access-to-Justice-Report.pdf

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