Right to a fair trial can be in danger if individuals go to court without legal representation

By Nuffield Foundation

People who go to court without a lawyer face barriers that can impact on their right to a fair trial, according to a new Nuffield-funded study by Ulster University.

The first study of its kind in Northern Ireland, researchers explored the experience of those who take or defend civil and family law cases without legal representation, to understand the impact of self-litigation on the court system and the impact on an individual’s human rights when litigating without representation by a legal professional.

The research revealed there are a number of reasons why an individual would represent themselves in court. The main reasons were financial, especially for those who were not eligible for legal aid, and because the cost of legal representation was seen to be too high. Some individuals chose to represent themselves because of a negative experience of legal representation in the past or because they felt it was something they could do themselves.

Many litigants in person faced problems with completing and submitting the appropriate paperwork, as well as understanding the legal arguments in their case. The research identified a significant lack of public information and advice on the practical, procedural and legal issues relating to court proceedings.

Ulster University researchers worked with the NI Human Rights Commission to trial an innovative procedural advice clinic for individuals representing themselves in matrimonial or family law cases. Procedural advice is neutral advice or information that is intended to inform a person’s decision. It helps the person think through their options and decide for themselves the best approach to their case. This is different from legal advice which looks at the merits of the person’s case and suggests a legal strategy.

One of the litigants who attended the clinic spoke about the reassurance and confidence that the procedural advice provided: “It is quite stressful being in court, and you’re scared of saying the wrong thing. It did give me a good guideline of when I should speak and, you know, what to do, and, you know, it was such good advice. So, so, good.” What many of the clinic clients appreciated was “A wee bit of empathy, and a bit of sympathy.”

Lead investigator Professor Gráinne McKeever commented; “The research shows there is a clear need for a cultural change in the legal system towards litigants in person. We recommend putting those who wish to self-represent at the centre of the development of reforms alongside dedicated training to support judges and lawyers to provide recognition that individuals have a right to self-represent and should be supported to do so.

“The creation of a central information hub is advised where a qualified lawyer can provide procedural advice as early as possible in the process to help people who go to court without a lawyer to participate effectively in their court proceedings.

“Although the help of the advice clinic was not enough to help litigants in person match the advantages of legal representation in most cases, there is clear evidence that improved access to legal services, better information on court procedures and relevant law, as well as guidance on how to complete court forms and documents would remove many of the barriers that threaten the right to a fair trial.”

Robert Street, Director of Justice at the Nuffield Foundation said:

“This research shows that people who represent themselves in court can be disadvantaged on a number of levels, and that has serious implications for their right to a fair hearing. The recommendations offer practical ways these barriers to effective participation can be addressed through improved access to services and information, as well as cultural and administrative changes in the courts. There are also lessons for England and Wales, where the number of litigants in person has been increasing since the changes in legal aid eligibility.”

Related


Explore our projects

A front view of a father and his two children. He is carrying his young son in his arms and his daughter is riding her scooter along the footpath as he pushes his son's scooter along the way.
New

Justice | Welfare | 2024 - 2026

Challenging justice inequalities with children in conflict with the law 

View project
A young child splashing in a puddle next to his guardian and sister.
New

Justice | 2024 - 2026

Special guardianship families: experiences and support needs

View project
New

Justice | 2024 - 2026

Breaking networks of youth serious violence

View project
New

Justice | 2024 - 2024

Crossing Boundaries: Co-designing support for vulnerable young people

View project
Man getting professional advice

Justice | 2023 - 2025

Applicants’ experience of the Criminal Cases Review Commission (CCRC)

View project
Little boy at home looking pensive, playing a game on a smartphone

Justice | 2023 - 2025

Linking household benefits, financial precarity and child welfare

View project
Man holds girl's hand as he walks her to primary school

Justice | 2023 - 2025

Improving safeguarding outcomes after adoption or special guardianship

View project
Mother and small child on a bus looking out of the window together and playing a game naming the things they see

Justice | 2023 - 2026

Parental Advocacy in England: a realist evaluation of implementation

View project
Portrait of a teenager in front of a blue shed, looking at the camera

Justice | 2023 - 2025

Children in police custody: piloting a ‘Child First’ approach 

View project
Father and child washing up in the kitchen

Justice | 2023 - 2025

Physical punishment and child outcomes in the UK

View project

Justice | 2023 - 2025

Access to justice through artificial intelligence

View project
Man turns towards the camera, walking in a town, with other walkers in the background

Justice | 2023 - 2023

Creating and using better justice data

View project
A young child splashing in a puddle next to his guardian and sister.
New

Justice | 2024 - 2026

Special guardianship families: experiences and support needs

View project
A front view of a father and his two children. He is carrying his young son in his arms and his daughter is riding her scooter along the footpath as he pushes his son's scooter along the way.
New

Justice | Welfare | 2024 - 2026

Challenging justice inequalities with children in conflict with the law 

View project
New

Justice | 2024 - 2024

Crossing Boundaries: Co-designing support for vulnerable young people

View project
New

Justice | 2024 - 2026

Breaking networks of youth serious violence

View project
Man getting professional advice

Justice | 2023 - 2025

Applicants’ experience of the Criminal Cases Review Commission (CCRC)

View project
Portrait of a teenager in front of a blue shed, looking at the camera

Justice | 2023 - 2025

Children in police custody: piloting a ‘Child First’ approach 

View project
Man holds girl's hand as he walks her to primary school

Justice | 2023 - 2025

Improving safeguarding outcomes after adoption or special guardianship

View project
Mother and small child on a bus looking out of the window together and playing a game naming the things they see

Justice | 2023 - 2026

Parental Advocacy in England: a realist evaluation of implementation

View project
Little boy at home looking pensive, playing a game on a smartphone

Justice | 2023 - 2025

Linking household benefits, financial precarity and child welfare

View project

Justice | 2023 - 2025

Access to justice through artificial intelligence

View project
Reported

Justice | 2019 - 2023

Born into care: best practice guidelines

View project
Man leading a focus group listening to the participants speaking

Justice | 2023 - 2026

Lived experience of the law: a research and policy project

View project
Group of teenage boys at school in uniform
In progress

Justice | 2022 - 2025

Exploring racial disparity in diversion from the youth justice system

View project
Dad holding baby walking with two kids
In progress

Justice | 2022 - 2024

Administrative fairness in the digital welfare state

View project
In progress

Justice | 2022 - 2024

Transparency and judicial review: a study of the duty of candour

View project
Worried woman alone in a room, resting her head on her arms
In progress

Welfare | 2022 - 2024

Links between cognitive impairment and exploitation in England

View project
A teenage boy outdoors
In progress

Justice | 2022 - 2024

Child First: examining children’s collaboration in the Youth Justice System

View project
Young men looking puzzled as they look to another man for advice
In progress

Justice | 2022 - 2024

The role of communities and connections in social welfare legal advice

View project
Two children walk ahead of two adults, one pushing a pram
In progress

Justice | 2022 - 2024

Voluntary care plans for children in Scotland: using Section 25 orders

View project
Rethinking domestic abuse in child protection: responding differently
In progress

Justice | 2022 - 2024

Rethinking domestic abuse in child protection: responding differently

View project
An older couple using a tablet to make a video call: Understanding local legal needs and supporting early intervention
In progress

Justice | 2022 - 2024

Understanding local legal needs and supporting early intervention

View project
A woman helping a little girl get ready for school
In progress

Justice | Welfare | 2022 - 2024

Race, religion and representation among care-experienced children

View project
A parent or carer holds a small child
In progress

Justice | 2020 - 2023

Discharge of care orders: a national study

View project
A little girl smiles at her father
In progress

Justice | 2021 - 2024

Substituted parenting: what does this mean in the family court?

View project
A young child splashing in a puddle next to his guardian and sister.
New

Justice | 2024 - 2026

Special guardianship families: experiences and support needs

View project
New

Justice | 2024 - 2024

Crossing Boundaries: Co-designing support for vulnerable young people

View project
New

Justice | 2024 - 2026

Breaking networks of youth serious violence

View project
Reported

Justice | 2019 - 2023

Born into care: best practice guidelines

View project
Reported

Justice | 2021 - 2023

Delivering administrative justice after the pandemic

View project
Siblings play ball in a playground - Siblings Contact and the Law
Reported

Justice | 2020 - 2021

Guidance to judges on the anonymisation of children judgements

View project
Lawyer taking witness statement from male witness
Reported

Justice | 2019 - 2021

The production of witness statements by lawyers and litigants in person

View project
Reported

Justice | 2020 - 2022

When is a wedding not a marriage? Exploring non-legally binding ceremonies

View project
Reported

Justice | 2019 - 2022

The Edinburgh Study: causes and impacts of criminal justice pathways

View project
Reported

Justice | Welfare | 2015 - 2018

Bridging the Evidence Gap in Family Proceedings

View project
Reported

Justice | 2016 - 2018

The impact of Litigants in Person on the Northern Ireland court system

View project
Reported

Justice | 2016 - 2017

Transparency and privacy in family courts

View project
Reported

Justice | 2016 - 2019

Implementation of recommendations of the Carlile report

View project
Reported

Justice | 2017 - 2020

Enhancing problem-solving practice in youth court

View project
Reported

Justice | 2013 - 2019

Timely disclosures mean timely interventions for young offenders and victims

View project
Search projects

We improve people’s lives by funding research that informs social policy, primarily in Education, Welfare and Justice. We also fund student programmes that give young people skills and confidence in science and research.

We offer our grant-holders the freedom to frame questions and enable new thinking. Our research must stand up to rigorous academic scrutiny, but we understand that to be successful in effecting change, it also needs to be relevant to people’s experience.

Profile