Access to justice in crisis: regulators must step up now
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.
By Helen Breese | Published on 1 April 2025
Categories: Press office; Research; Nottingham Law School;
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.
Notes for Editors
Notes to editors
For further information or to schedule an interview, please contact Lola.bello@legalservicesconsumerpanel.org.uk.
Or
Helen Breese, NTU Public Relations Manager, on telephone +44 (0)115 848 8751, or via email
About Nottingham Trent University
Nottingham Trent University (NTU) has been named UK ‘University of the Year’ five times in six years, (Times Higher Education Awards 2017, The Guardian University Awards 2019, The Times and Sunday Times 2018 and 2023, Whatuni Student Choice Awards 2023) and is consistently one of the top performing modern universities in the UK.
It is the 3rd best modern university in the UK (The Times and Sunday Times Good University Guide 2023). Students have voted NTU 1st in the UK for student employability (Uni Compare 2025)
NTU is the 5th largest UK institution by student numbers, with over 40,000 students and more than 4,400 staff located across six campuses. It has an international student population of almost 7,000 and an NTU community representing over 160 countries.
NTU owns two Queen’s Anniversary Prizes for outstanding achievements in research (2015, 2021). The first recognises NTU’s research on the safety and security of global citizens. The second was awarded for research in science, engineering, arts and humanities to investigate and restore cultural objects, buildings and heritage. The Research Excellence Framework (2021) classed 83% of NTU’s research activity as either world-leading or internationally excellent.
NTU was awarded GOLD in the national 2023 Teaching Excellence Framework (TEF) assessment, as it was in 2019.
NTU is a top 10 for sport (British Universities and Colleges Sport league table 2023).
NTU is the most environmentally sustainable university in the UK and second in the world (UI Green Metric University World Rankings, 2023).
About the Legal Services Consumer Panel (LSCP):
The LSCP is an independent statutory body that represents the interests of consumers in the legal services market. It works to ensure that legal services regulation is focused on delivering positive outcomes for consumers. About the Legal Services Board (LSB):
The LSB is the oversight regulator for legal services in England and Wales. It was established under the Legal Services Act 2007 to ensure that regulation in the legal sector is carried out in the public interest and that the objectives of the Act are met.
4. About Nottingham Trent University (NTU) research team:
Associate Professor Liz Curran (Project Lead) has been a legal practitioner, researcher, program evaluator and educator and worked in private and public law practice. Her international research is on access to justice and effective practice, and impact including pioneering work on Health Justice Partnerships since 2001. Liz has worked for non-government organisations (NGO), government, as a consultant, senior adviser and the director of charities, a human rights NGO, and legal practices. She has been a clinical legal education supervising solicitor. She is on a range of Boards and Advisories on access to justice. She works on policy, law reform, research, and legal empowerment. Her book 'Better Law for a Better World' (Routledge UK) examines evidence-based innovations & practical ways to improve justice.
Professor Jane Ching has worked on projects for legal and educational regulators and professional bodies in, to date, more than 20 different countries. She was part of the team for the influential Legal Education and Training Review in 2011-2013, commissioned by the BSB, SRA and CILEx Regulation, the most comprehensive review of legal education in England and Wales since 1971, informing LSB policy and that of the front-line regulators.
Professor Jane Jarman practised as a professional indemnity litigation solicitor for many years, specialising in professional negligence claims against solicitors. She has advised regulators on legal education and professional regulation in the UK and internationally. Her expertise is in intellectual property, legal professional privilege and professional ethics as well as the education of legal practitioners and regulation of legal practice. Jane supports and advises on regulatory, and compliance matters within NLS Legal (Nottingham Law School’s teaching law firm) and utilises her expertise to support its Business and Enterprise Law Service and Intellectual Property Service.