A groundbreaking report, ‘Regulatory Leadership on Access to Justice’, commissioned by the Legal Services Consumer Panel (LSCP) in collaboration with the Legal Services Board (LSB), has issued an urgent call to action for legal services regulators to tackle the growing crisis of unmet legal needs in England and Wales.
Conducted by Nottingham Law School, part of Nottingham Trent University, the report highlights the critical role regulators must play in ensuring access to justice for all, particularly for the most vulnerable in society.
According to LSB’s own research[1] in England and Wales, 3.6 million adults have an unmet legal need involving a dispute. And nearly nine in ten say ‘the law is a game in which the skilful and resourceful are more likely to get what they want’.
Resolving legal issues can lead to significant improvements in health, income, housing, and employment, yet too many individuals are experiencing dwindling and no access at all. The report draws on innovative approaches from regulators in jurisdictions like Canada and Australia, demonstrating that whilst government funding is critical to access to justice — it is also about regulatory creativity, collaboration, and removing barriers. It calls on regulators in England and Wales to take inspiration from abroad and act decisively.
Key Recommendations:
The report identifies several systemic barriers to access to justice, including the closure of legal advice centres, legal aid deserts, and a lack of public awareness about legal rights. It calls on the LSB and frontline regulators to take a proactive leadership role in addressing these challenges. There are a number of key recommendations, including:
- Revising Codes of Conduct: Frontline regulators, with strategic direction from the LSB, should revise codes of conduct to place greater emphasis on access to justice, the rule of law, and equality before the law.
- Innovation Sandboxes: The LSB should explore the creation of an access to justice innovation sandbox to test and trial new solutions.
- Cross-Sector Collaboration: The LSB should lead efforts to foster collaboration across sectors, including government, charities, and other regulators, to address systemic causes of injustice.
- Public Legal Education (PLE): Regulators should support tailored and strategic PLE initiatives to empower individuals with knowledge of their legal rights and duties.
- Regulation of Paralegals: The LSB should investigate mandatory regulation of paralegals to expand the pool of trusted intermediaries who can assist the public in navigating legal processes.
- Holistic, People-Centred Services: Regulators should promote integrated legal services that address barriers to access, particularly for disadvantaged groups
Dr Liz Curran, Associate Professor, Nottingham Law School:
“Ensuring access to justice is essential for tackling inequality. For too long, efforts have been limited to superficial fixes, failing to address a deep-rooted issue that disproportionately affects the poorest and most disadvantaged.
“Maintaining the status quo is not an option, as both statistical and qualitative data highlight the real harm caused by inaction. A creative, problem-solving, and evidence-based approach is crucial.
“This research report demonstrates what can be achieved and how. It showcases successful examples of intentional regulatory action in other jurisdictions that have improved access to justice. It offers a wealth of ideas for action at multiple levels and in various ways. Under the leadership of the oversight regulator, the LSB, all regulators have a role to play, and collaboration across sectors is key to driving progress.”
Tom Hayhoe, Chair of the Legal Services Consumer Panel:
“Access to justice is a fundamental right, yet too many do not have access to the information, advice, and help they need. This report is firmly focused on what regulators can do, because they have a statutory obligation to act—and we are convinced they have levers yet to be utilised to advance this mission. We are asking all regulators, including the LSB, to step up and act now. We need bold, coordinated action to improve the status quo.”
Catherine Brown, Interim Chair of the Legal Services Board:
“One of the most pressing challenges facing the legal sector is unmet legal need. Too many people in England and Wales do not get the help they need when faced with a legal problem, particularly if they are on a low income or in a vulnerable situation. This report makes detailed recommendations to us and the frontline regulators, which we will carefully consider in relation to our statutory duties, the broader regulatory framework and the interests of the public.”
The full Regulatory Leadership on Access to Justice report can be found here.