19/11/24
3 min read
Rob Street, Director of Justice at the Nuffield Foundation, explains why we’re commissioning this work, and why the justice system should matter to us all.
Access to justice is a fundamental right for all, and at the heart of the Rule of Law. So, what does it mean if in practice that right cannot be properly exercised? What are the implications, not only for people in contact with the justice system, but also for wider society?
The serious issues presently facing the justice system raise these crucial questions and have prompted the Nuffield Foundation to set up a new programme of work to inform and challenge thinking around the future of the justice system in England and Wales, and how it could work better. We will be calling this programme, which will formally launch next year, Public right to justice.
As a first step, we are commissioning three reviews to consolidate and assess the existing evidence on some key issues. The findings from these reviews will serve as a foundation for further work to explore potential areas for reform and create an informed case for change. These initial reviews (with others likely to follow in 2025) will examine:
- A recent history of justice system reviews
- The state of the justice system
- People’s experiences and views of the justice system
At present, that system is under great strain. But while the mounting problems in some areas such as prisons are increasingly visible, the ailing state of other parts of the justice system often goes unseen and unreported.
We are particularly interested in these parts of the justice system, notably the work of the civil and family courts, and the tribunals dealing with claims relating to fundamental issues such as benefits, housing, and family life. If you are contesting an unfair dismissal at an employment tribunal, need to challenge your local authority’s decision on the education of your child, or experiencing domestic abuse in your relationship, the battle for justice can often feel long and weary, sometimes without satisfactory resolution.
You may experience lengthy delays in your case being heard, a lack of access to advice or support in navigating the legal process, court buildings in disrepair, or online hearings disrupted by shortcomings in technology. It’s generally agreed that more resources are needed but while the Ministry of Justice’s budget for next year has been increased, its status as an ‘unprotected’ government department means its future funding position is uncertain, even after a decade of cuts.
A society built on legal rights and obligations cannot function properly if these rights and duties can’t be enforced promptly and effectively by the courts. And brought together, these issues can have the pernicious effect of eating away at wider public confidence in the justice system.
The Nuffield Foundation’s approach
All this means there is an urgent need to look afresh at the justice system upon which we all depend. To ask questions about how it is governed and funded, and how it might be improved; to consider how the justice system can fairly and effectively resolve people’s legal problems, in a world that is rapidly changing in its demography and technology.
In commissioning three evidence reviews on different aspects of the structure and operation of the justice system, our aim is to begin establishing a robust case for where and how proposals for reform might best be developed.
Find out more and how to apply
Tenders are invited up to a maximum of £65,000 for each review (exclusive of VAT), and interested parties should select only one to bid for.
If you are interested in applying for these opportunities, visit our Public right to justice page.
The deadline for submissions is 11am, Wednesday 18 December 2024.
