Fair and functioning justice is a cornerstone of a democratic society. We have a notional right to this, but doubts remain about whether the justice system delivers on that ideal and provides the public with proper access to the protections it promises.
Recent proposals to restrict trial by jury have kept a firm spotlight on the faltering state of criminal justice, but running in parallel is a less visible but equally critical crisis in the wider justice system.
Recognising this, the Nuffield Foundation has launched Public Right to Justice (PRTJ) to understand and address the challenges facing the civil, family and tribunal systems in England and Wales. The programme will explore evidence-led solutions to help shape reforms, drawing on research, innovation and the experiences of people navigating complex and often frustrating processes to access their rights.
It is often only in moments of great personal stress that people discover the flaws in our justice system, with evidence showing that the most disadvantaged face the greatest barriers to accessing justice and achieving fair outcomes. As with criminal justice, the consequences can be the same: often inadequate remedies, diminishing public trust and a declining ability of the state to uphold its duty to deliver fair, timely and accessible justice. Meanwhile, developments such as the deployment of AI and related technologies, and new models of dispute resolution, bring opportunities for change but also potential risks and tensions.
What do we know about the state of civil and family justice, and tribunals? The data indicates that demands on the system are increasing across different jurisdictions. The most recent Ministry of Justice statistics reveal an average 74-week wait for all but the smallest civil claims to reach a hearing, up from 53 weeks 15 years ago. The backlog of open tribunal cases rose by 18% to 794,993. There was a 33% increase in Employment Tribunal (single claims) open cases, and a huge jump in appeals to the Special Educational Needs and Disability Tribunal, where the backlog is up 44% compared with 2024. In the family courts, the numbers of both public and private law new cases have increased, and the number of resolved cases has fallen compared to the same period last year.
Behind the numbers sit a host of societal impacts, such as businesses unable to claim money owed, or parents who can’t work because they care for a child at home due to a lack of appropriate school provision. The impact on people unable to access justice ripples across lives and livelihoods, while also driving demand for other public services when legal problems cannot be resolved. For example, data recently collected from GPs suggests that as many as 200,000 consultations a day involve people seeking help with non-medical issues such as debts, relationships or housing.
At the Nuffield Foundation, we believe that the effective use of data and research plays a vital role in better identifying and understanding the challenges, and also in catalysing action through developing and testing solutions.
Insights from a conference we hosted, Where has my justice gone?, and the accompanying report by Dr Natalie Byrom, revealed the depth of the problems. They highlighted how more than a decade of funding cuts to courts and legal aid have left growing numbers of people managing legal problems without advice or representation, particularly in family, housing, welfare and immigration cases.
These issues stem from insufficient attention and accountability to those using the justice system, not only due to a lack of resources and political prioritisation, but also wider shortcomings in how we address legal needs.
In response, we launched PRTJ to drive evidence-led reform. Over the next three years, the programme will bring together synthesised research and fresh insights to inform and challenge thinking about the future of these often less visible, less understood, but vital parts of the system.
As an independent organisation with a strong track record in supporting research that drives evidence-based policy change, we bring a distinctive perspective, combining rigorous analysis with new ideas to inform debates on justice and how it best serves both the people who rely on it and wider society.
A series of specially commissioned reviews is under way on areas critical to understanding both the structural and experiential aspects of the justice system, and how it might change. A recent collection of essays, Why Justice Matters, commissioned by us from leading thinkers across academia, policy and practice help examine why justice matters across wider society. It proposes ideas on how the justice system might need to change to better fulfil its role and meet people’s legal needs.
This extensive body of work will provide a critical, evidence-based assessment of key issues facing the justice system and the gaps in our knowledge. We will supplement this with insights from legal professionals and other experts, while keeping a focus on the views, experiences and outcomes of those trying to resolve their legal issues, and how the justice system serves society as a whole.
The focus of the second phase of the programme, beginning in 2027, will be determined by our evidence-gathering work. We will move from diagnosis to action, including exploring possible solutions that could deliver meaningful improvements for people navigating legal problems. Throughout, we want to contribute to public debate about justice and the need for reform.
A well functioning justice system strengthens the social contract, allowing people to feel heard, be treated fairly, and able to resolve their legal problems in a timely and affordable way.
In a society increasingly marked by a mistrust of institutions, re-establishing our confidence in justice is vital, not only to ensure that people’s legal needs are met, but because the rule of law underpins our faith in those who govern us and the services and systems that shape our lives. We are committed to PRTJ playing its part in supporting the change that’s needed.
Find out more here.
Rob Street is director of justice at the Nuffield Foundation, London
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