The report, ‘Access denied: the state of the justice system in England and Wales in 2022’, paints a worrying picture in which 239 court closures since 2010 have left low-income clients unable to afford travel fares to their hearings, while many remaining courts are in crumbling buildings with leaks and infestations and even without basic facilities.
Meanwhile, LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012) ‘significantly’ restricted access to civil legal aid and the subsequent increase in litigants in person has resulted in cases taking longer and costing more. The Bar Council report highlights that litigants have had a ‘mixed experience’ of remote justice, which requires further investigation.
It also found barristers are diversifying away from legal aid work due to workload pressures and poor remuneration, further reducing the capacity of the system. Moreover, political attacks on the rule of law and anti-lawyer rhetoric are undermining confidence in the justice system.
The report combines data from the Bar Council’s Access to Justice dashboard with testimony from barristers and other practitioners who took part in a Justice Week workshop earlier this year.
Mark Fenhalls KC, chair of the Bar, said: ‘Through the evidence presented in this report, we make a special pleading that access to justice is properly recognised as a necessary pillar of a fair and just society.
‘The improved funding that has been available in the last two years cannot now be reversed without causing irrevocable damage to this vital public service. The consequences of cuts are not only a failing system, but one that ultimately costs more—both in terms of money and in human terms. The government must commit to long-term planning and resourcing of the system.’
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