A new report has challenged legal regulators to exercise their "statutory obligation" to improve access to justice through innovative solutions ranging from regulatory sandboxes to tapping into interest from client accounts as new funding sources.
The report, "Regulatory Leadership on Access to Justice," commissioned by the Legal Services Consumer Panel in collaboration with the Legal Services Board (LSB) from Nottingham Law School, highlights that legal regulators in England and Wales are uniquely positioned as "amongst a very few, possibly the only, entities" with a legal mandate to address justice accessibility.
According to the research, England and Wales face significant unmet legal needs stemming from insufficient funding and widespread distrust in legal systems.
The report emphasises that resolving legal issues can dramatically improve outcomes in health, income, housing, and employment.
"For too long, efforts [to ensure access to justice] have been limited to superficial fixes, failing to address a deep-rooted issue that disproportionately affects the poorest and most disadvantaged," said project lead Dr. Liz Curran, associate professor at Nottingham Law School.
Among the creative solutions proposed are:
The report argues that access to justice needs "greater prominence" across policy making, strategy development, and operational delivery, while calling for a "cementing" of professional identity that embraces broader societal responsibility.
"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," said Tom Hayhoe, chair of the Legal Services Consumer Panel.
Researchers also recommended exploring expanded legal expenses insurance and addressing regulatory fragmentation, which participants viewed as creating consumer confusion, hindering innovation, and diverting resources away from "real law."
The report urges immediate action within the current regulatory framework, calling for revised codes of conduct with greater focus on access to justice and enhanced collaboration across sectors to "stimulate a passion for improved access to justice which averts siloed thinking."
"Maintaining the status quo is not an option," Dr. Curran warned, as both statistical and qualitative data demonstrate "the real harm caused by inaction."