The justice system in England and Wales is failing to meet people’s needs, with cuts to legal aid forming part of a wider pattern of declining investment and support, warns a new report.
The findings present a stark picture of a system under strain, with austerity and sustained underfunding having far-reaching consequences.
The report, which is based on a comprehensive review of existing research, highlights how reduced funding has limited access to legal representation, weakened vital support services, and left many struggling to engage fully in the courts and tribunals system.
This means people facing legal issues are too often navigating complex processes alone – without the advice, guidance or support they need to ensure good experiences and fair outcomes.
Beyond the impact of legal aid cuts, poor experiences are also driven by wider systemic and cultural issues within the justice system. Many people encounter processes that are fragmented and not designed around their needs. Gaps in clear information, inconsistent support and under-resourced services leave people confused and without appropriate assistance, while power imbalances, legal language and professional practices can make people – particularly those without representation – feel “out of place, like outsiders”.
Lead author Dr Anna Tsalapatanis (UCL Social Research Institute) said: “People are often not given the information, emotional support and practical help they need, leaving many without a clear understanding of what to expect or how to properly understand legal processes and take part in their case.
“This risks undermining both access to justice and confidence in the system, with vulnerable individuals disproportionately affected.”
Commissioned by the Nuffield Foundation as part of its Public Right to Justice programme, the report highlights the importance of access to affordable legal advice and representation but shows that this access has been severely restricted by reductions in legal aid eligibility, limited availability of providers, and wider cuts to the legal services sector.
It also stresses that changes to legal aid alone are not enough and must form part of a broader programme of civil justice reform and investment aimed at rebuilding support services and improving access to information, helping to ensure people can participate effectively at every stage of their case.
Dr Tsalapatanis said: “Our report makes it clear that policymakers need to take urgent action to reverse the long-term impact of cuts and prioritise helping people through the justice system. Without reform, the gap between what people need and the support available will continue growing, leaving even more people excluded from fair and effective justice.”
Rob Street, Director of Justice at the Nuffield Foundation, said: “This report highlights a justice system that many people find confusing, stressful and difficult to navigate, due to poor information, patchy support and complex processes, and underlines the importance of making it more focused on the needs of the people who use it.
“Through our Public Right to Justice work, we are highlighting where the system is falling short and coming up with solutions to make justice more accessible, efficient and effective for everyone.”
