The Digital Exclusion Report commissioned by ICAEW, the Bar Standards Board (BSB), CILEx Regulation Ltd (CRL) and the Council for Licensed Conveyancers (CLC) highlights the significant barriers that digital exclusion creates for accessing legal services. The report aims to support those that are digitally excluded in overcoming barriers to access the information they need for making informed decisions. While digitisation may increase efficiency for some, the report finds it risks excluding or marginalising those without the resources, skills, or confidence to access legal services online without support.
The research, conducted by M-E-L Research, surveyed over 450 digitally excluded legal service users and included in-depth interviews with individuals and community organisations affected by digital exclusion. To ensure access to justice for all, the report recommends that legal service providers and regulators must commit to embedding inclusion in service design with key recommendations highlighted below.
Key findings
- Digital confidence: 50% of respondents were not confident using the internet for complex tasks such as managing finances, healthcare or legal issues.
- Reliance on others: 56% always or often relied on family, friends or neighbours to access online services.
- Online legal services: 82% were asked to complete some part of their legal service online, but only 20% managed this independently.
- Impact of digitisation: While 15% said online processes reduced case resolution time, 56% reported it took longer, and 5% could not resolve their issue due to online requirements.
- Outcomes: 71% of those who accessed part of their legal service online felt they achieved a better outcome.
- Confidence and support: 47% reported low confidence, 38% needed help and 38% worried about security or privacy.
- Support provided: 39% were offered in-person help and 31% were offered non-digital options, but 42% were referred to external organizations and 40% to family or friends. Only 19% received proactive support from their legal provider.
- Emotional impact: Participants described feelings of anxiety, shame and powerlessness. Some abandoned their legal issue due to digital barriers.
Ensuring access to justice depends on inclusion and that requires the design of legal services that work for everyone. We encourage our registered firms and the wider profession to ensure that their services are flexible and inclusive by design, so that no one is left behind.
Recommendations
To ensure access to justice for all members of the public, the report recommends that legal service providers and regulators:
- embed inclusion and choice into service design;
- maintain meaningful offline routes for service delivery;
- support staff to recognise and respond to digital exclusion;
- work with community networks to strengthen capacity; and
- proactively and consistently aim to apply these principles across the sector.
Guidance for our firms
ICAEW encourages its legal services providers to ensure their consumer-facing information is accessible to all members of the public. We have developed guidance to help support firms in their practice.
Useful links
Editor’s note
In April 2024, M-E-L Research was commissioned to conduct research into the experiences of digitally excluded clients within the legal sector. This was a collaborative effort with BSB, CRL, CLC and ICAEW.
