Oxford Centre for Socio-Legal Studies provides evidence to the Justice Select Committee Inquiry into Access to Justice

In July of last year, the Justice Select Committee launched an inquiry into access to justice which covers a number of issues being explored by a team of researchers based at the Oxford Centre for Socio-Legal Studies.  The research in question is being funded by the Nuffield Foundation for two years from July 2025 and is being led by Professor Linda Mulcahy and Matthew Nesvet in partnership with the Access to Justice Foundation and Professor Neil Rickman at the University of Surrey.  The focus is on examining a range of international models with the potential to increase funding for free legal advice. The research team submitted a 30-page report which analysed newly accumulated data to the inquiry during its consultation process. 

The research team is particularly keen to draw attention to the in-depth qualitative and quantitative research they have been undertaking with a view to fuelling evidence-based policy debate about the ‘Interest on Lawyers Trusts Account’ (IOLTA) programmes, which operate in 78 other jurisdictions across the world. Linda Mulcahy explained:

Since severe cuts to the legal aid budget were introduced in 2013 the free legal advice sector has been in crisis.  There is an urgent need to find additional ways of funding their work which serves to uphold the rule of law and ensure that everyone has access to justice.  The free legal advice sector, which is made up of law centres and advice clinics across the country, frequently intervenes to help people during times of crisis and to prevent a downward spiral in their fortunes.  Not only are these centres having to shut down, but there is a danger of their specialist skills not being passed on to a new generation.  

In other jurisdictions such as the US, Australia and Canada, IOLTA programme have developed to support the free legal advice sector. These schemes collect the many small amounts of interest which accumulate on client money temporarily held by solicitors and reinvest it in Access to Justice Foundations designed to support free legal advice and other initiatives. The project is also exploring other funding initiatives such as residual funds in collective actions, better used of the apprenticeship levy and legal expenses insurance as part of a new mixed funding portfolio initiative. 

See further details of the evidence submitted to the Inquiry.