Access to justice for litigants in person (or self-represented litigants) report

This major report by the Civil Justice Council (CJC) sets out a range of recommendations to help make the justice system fairer and simpler for people going to court without a lawyer. Findings highlight public legal education as the true starting point for the public and for those who could become self-represented litigants.

Read the report: Access to justice for litigants in person (or self-represented litigants) (1.3 MB)

A working group set up by the CJC was asked to consider what steps could be taken to improve access to justice for litigants in person (or self-represented litigants) and what steps could be taken to prepare for the possibility that the number of self-represented litigants will dramatically increase.

A root cause of the problem is the present civil justice system. The working group said that while it was of real quality, it was designed for lawyers and ‘far too complex and obscure for those representing themselves’. The second major concern was the anticipated increase in the numbers of self-represented litigants following the government’s introduction of the Legal Aid, Sentencing and Punishment of Offenders Bill, which drastically reduces the scope and availability of legal aid.

Chairman of the working group, Robin Knowles QC, said:

‘We know there will be an increase in the numbers of self-represented litigants at just the time when the advice sector is also facing cuts in funding. We have attempted to set out the impact on access to justice, but we have also made a number of constructive recommendations about things that can be done.'

The fear is that many individuals will not know how to bring or defend legal proceedings in the absence of legal advice and representation and will either suffer a reduction in the quality of justice or they will entirely abandon their efforts to enforce or defend their rights, or will try to take their cases to court, but not do so properly.

Recommendations

The report sets out a range of practical recommendations to address some of the problems faced by litigants. In the short term, its recommendations include improving the accessibility, currency and content of existing online resources; producing a ‘nutshell’ guide for self-represented litigants; guidance for court staff and legal professionals when dealing with self-represented litigants as well as freeing up in-house lawyers to provide pro bono services. The working group stressed that everything must be done to simplify and demystify the law and the system, including its language.

For the medium term, that is over the period between now and 2014, a further ten recommendations are made, including the availability of a primary website that draws best guidance together and is kept up to date; a systematic review of court leaflets; forms and information; increasing the number of courts that offer Personal Support Units and information officers to assist litigants as well as improving access to legal advice.

A further five recommendations to be addressed before 2016 include the development of public legal education.

Public legal education

The working group recommend that public legal education be developed saying that it offers ‘the opportunity for increasing public understanding of the law and of rights and obligations under the law, including the ability to recognise problems and access help with those problems where help will be needed.’

The Master of the Rolls, Lord Neuberger of Abbotsbury (and CJC chairman) likened the situation to the medical profession. He said, ‘We all know that in medicine prevention is better than cure. There’s no reason that can’t apply in law’. ‘So many people end up in such a mess because they do not have the basic knowledge of the legal system; getting into schools [to teach more about the law] is essential for judges and lawyers.’

Reference is made to complying with the regulatory objectives set by the Legal Services Act 2007 which expressly include increasing public understanding of the citizen's legal rights and obligations. The report says, ’This regulatory objective, alongside the related objectives of promoting the public interest and promoting the interest of consumers, is now more important than ever in light of the proposed reductions and changes to legal aid.’

The report highlights the recommendations made by the PLEAS taskforce for the strategic development of public legal education and says that future work should build on these, as well as subsequent work carried out by Plenet and the new charity, Law for Life.

Information and guidance

The report recommends that there should be one primary ‘go to’ website to provide access to co-ordinated materials for self-represented litigants. It should have links to an informed choice of the best information and be provided free of charge. The report stresses that the website should always be kept up to date and suggests that, ‘Advicenow would seem well placed to fulfil such a role requiring discerning independence’.

They further recommend that the primary website, and all information offered to users by way of a link should comply with the Better Information Handbook published by Advicenow.

Throughout the report the Civil Justice Council referred very positively to Advicenow, a project of Advice Services Alliance citing their website as a good example of best practice. This was illustrated with reference to Advicenow’s advice guides, and in particular ‘Seven steps to solving a problem’ as well as their recent ‘Going to Court’ guides written and produced by Advicenow for the Royal Courts of Justice Advice Bureau. Their support of Advicenow was confirmed by their recommendation that it should ‘be enabled to review and enhance its website and guides’.

Civil Justice Council

The Civil Justice Council is an independent advisory public body established under the Civil Procedures Act in 1997. Its aim is to provide advice and make recommendations on how to make the civil justice system more accessible, fair and efficient.

More about the Civil Justice Council

The 94-page report on future support for self-represented litigants began in July 2011 and was published in November 2011. The chairman of the working group is Robin Knowles CBE, QC (Council member of the Civil Justice Council). Members of the group include The Hon Mr Justice Ross Cranston, Amanda Finlay CBE, formerly of the Ministry of Justice (Council member of the CJC) and Professor Dame Hazel Genn DBE.

Read the report: Access to justice for litigants in person (or self-represented litigants) (1.3 MB)

February 2012