Moving to digital must ensure inclusion

Digital exclusion presents substantial challenges for individuals seeking legal services, according to research backed by the Bar Standards Board (BSB), CILEx Regulation Ltd (CRL), the Council for Licensed Conveyancers (CLC), and the Institute for Chartered Accountants in England and Wales (ICAEW). The study, designed to explore the barriers faced by digitally excluded legal service users, involved surveying over 450 individuals along with comprehensive interviews of 30 participants and various national and community organisations supporting those affected. The research defined digital exclusion as barriers to using online services arising from issues related to access, affordability, ability, or attitude.

The report indicates that while digital solutions may enhance efficiency for some, they risk leaving behind those without the necessary resources, skills, or confidence to navigate online legal services. Participants in the research expressed feelings of anxiety, shame, and a sense of powerlessness, with some voicing concerns about “getting it wrong” and facing negative legal outcomes. Others felt overlooked or dismissed when legal providers presumed digital proficiency or failed to present alternative options. Many participants described abandoning their legal issues, not due to a lack of importance but because navigating the digital landscape appeared overwhelming.

Findings emphasise the urgent need for integrating inclusivity into service delivery, ensuring that efficiency improvements do not compromise equity. Key insights from the research include:

• Half of participants (50%) lacked confidence in managing complex online tasks like finance and legal matters.
• More than half (56%) frequently depended on family, friends, or neighbours to access online services.
• Eighty-two percent of respondents were directed to complete some aspect of their legal service online, but only one in five could manage this independently. Many required assistance or requested alternatives from their providers.
• While 15% found the online service sped up case resolution, 56% felt digitisation prolonged the process and 5% could not resolve their issue at all due to online requirements.
• Surprisingly, despite these challenges, 71% of those who partially accessed legal services online believed they had achieved better outcomes as a result.
• Nearly half (47%) reported low confidence when online, while 38% required help, with a third expressing concerns regarding security or privacy.
• Some participants mentioned being offered in-person assistance (39%) or paper documents (31%). Nevertheless, many were referred to external agencies (42%) or urged to seek help from family or friends (40%), with just 19% of those who received direct support stating it was proactively offered.

The report concludes that online systems can lead to longer timelines, diminished autonomy, and a reluctance among digitally excluded users to seek future help. To promote access to justice, it recommends that legal service providers and regulators embed inclusivity into service design, uphold meaningful offline options, support staff in recognising digital exclusion, and collaborate with community networks to enhance capacity. Regulators must ensure these principles are consistently applied throughout the sector.

Mark Neale, Director General of the BSB stated “In an increasingly fast paced digital world this research will help us understand the challenges faced by people who are digitally excluded and the role we can play in helping them to overcome the barriers they face in accessing legal services.” John Barwick, CEO of CILEx Regulation commented “As more legal providers embrace digital approaches to delivering services, this research offers crucial insight into the challenges of digital exclusion and the barriers it creates to accessing legal support.” Sheila Kumar, Chief Executive of the Council for Licensed Conveyancers noted “This report comes at a crucial time as the vital move towards digitisation in legal services gathers pace to improve outcomes for all.” Finally, Duncan Wiggetts, Chief Officer at ICAEW remarked “Ensuring access to justice depends on inclusion and that requires the design of legal services that work for everyone.”