A lack of free advice and representation is undermining UK's rule of law, warns new JUSTICE report

Published:

January 13, 2026

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Millions of people are being denied access to their legal rights across the UK, JUSTICE finds in a new report, warning that a lack of free advice and representation is undermining the rule of law.  


The report, The Rule of Law: Building Resilience Through Culture & Practice, offers a fresh assessment of the UK's commitment to the rule of law - the idea laws should be open, accessible and apply equally to all members of society - and sets out practical steps that could improve adherence to this core constitutional principle.  

In the last year alone, nearly 42 million people across England and Wales were unable to access a community care legal aid provider in their local area. This left 70 per cent of the population with no realistic means of challenging decisions about their care, unless they could afford substantial fees for private representation.

 
Parents face similar challenges in the family courts, which make life-changing decisions about child custody and visitation rights. As of September 2025, only 15% of cases featured represented parties on both sides, with almost half of all cases (47%) featuring no lawyers at all.  

Justice has also become increasingly hard to access in the criminal courts, as record backlogs leave victims and defendants waiting years for their cases to be heard. One Crown Court recently offered a trial date as late as 2029.  

The government has claimed that reducing the role of juries will speed up the process, without providing evidence. JUSTICE, among other experts, has warned the move will lead to more miscarriages of justice, especially for people of colour. Delays stem from court closures, crumbling infrastructure and legal aid cuts, not juries – urgent investment is needed.

Meanwhile, trust in the police is at historic lows following the murder of Sarah Everard and recent findings of institutional misogyny, racism and misconduct, giving the public even less faith that their legal rights will be defended.  

JUSTICE warns that failing to address these issues risks a complete collapse in confidence in the Rule of Law among the public, increasing the likelihood of social unrest and disorder.    

Stephanie Needleman, Legal Director of JUSTICE, said: “London’s commercial courts continue to attract record numbers of international litigants, proving that when the rule of law works, it commands a global confidence. But it cannot be a privilege reserved for corporations. Its protections must reach every person in this country, whatever their background.  


“That means safeguarding core rights like trial by jury, one of the few pillars of our justice system that still enjoys public trust, while tackling the barriers that leave millions unable to enforce their rights. This report sets out a blueprint for change: better lawmaking, stronger oversight, and practical steps to ensure the rule of law is a lived reality for all.”  

To improve access to justice, the report makes the following recommendations:  

  • Fund early legal advice: funding for legal aid has never recovered from devastating cuts introduced in 2013. Prioritising early advice can help solve problems before they reach the courts and incur unnecessary costs.
  • Adopt cross-department funding models; decisions made across government impact the justice system, but departments can ignore this under the current funding structure.
  • Funding decisions should encourage cross-departmental collaboration to achieve specific goals around improving access to justice.
  • Expand awareness of rights: Government and Parliament should make the law relatable through public legal education in schools and communities, focusing on everyday issues people understand, from housing repairs to employment rights, and countering misinformation that corrodes trust.  

In the forward to the report, Lord Strathclyde, Chair of the House of Lords Constitution Committee, writes:

“We welcome this new report from JUSTICE which warns of the danger of taking the rule of law for granted, and which emphasises the need for cultural change to protect it.”  

The report also calls for urgent cultural and structural reforms to strengthen the rule of law. It urges:

  • Improvements to lawmaking: at present, rushed, complex legislation during crises like Covid-19 left even senior judges describing rules as a “bewildering flurry,” while immigration law has become “byzantine,” scattered across thousands of pages. Parliament should be empowered to amend statutory instruments and end the culture of skeleton bills and Henry VIII clauses that bypass scrutiny.  
  • Training: MPs and civil servants should receive mandatory constitutional training, addressing gaps so stark that some parliamentarians recently asked whether the Supreme Court publishes reasons for its decisions.  
  • Regulatory bodies must be depoliticised, with greater independence for the Equality and Human Rights Commission, which has seen enforcement activity decline and faces structural dependence on government.  
  • Use of AI: The report warns that unregulated legal AI tools, already used by litigants, risk embedding bias and misinformation; robust oversight and standards must be in place before widespread adoption.
  • Judicial diversity cannot remain aspirational: despite progress in tribunals, the senior courts remain overwhelmingly white and male, with zero ethnic minority representation in the Supreme Court. Diversity targets with teeth, transparent selection processes, and career pathways are essential to restore legitimacy and public confidence.

Click here to read the report today.

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Together, we can transform the justice system

Stand with us to strengthen the rule of law and ensure everyone can rely on our legal system.