Lived experience of the law: a research and policy project

This project explores effective participation in the judicial processes of England and Wales. 

Why this project is important

Effective participation in judicial proceedings is foundational to the delivery of justice. It is a principle closely related to access to justice, and is adopted in law, policy and guidance.

In recent years, measures have attempted to bolster public participation. This has occurred within the wider context of the curbing of access to legal representation. However, some of these measures, including the adoption of new technologies, court modernisation, and legal aid reforms, have created new barriers.  

What the project involves

The research team builds on previous Nuffield funded research and explores the experiences of individuals who have attended criminal or family court as defendants, witnesses, or parties.

The research addresses three questions: 

1. How are people’s perceptions and expectations of legal rights, justice, and the judicial process shaped by their prior encounters with the law?
2. How can concepts of effective participation and access to justice be defined from a lived experience perspective and what are the main barriers to participation and access? 
3. What reforms are needed to address existing barriers and how can implementation of these reforms be supported?  

Peer researchers are part of the project team and involved in all aspects of the work. The team are conducting in-depth narrative interviews, with a diverse group of people about their encounters with the law since childhood. This includes discussing their specific experiences of criminal and/or family courts, whether virtually or in person, with consideration of factors which supported or undermined their engagement in the process.

A pilot study, focusing on parents’ experiences of public law proceedings in the Family Court, helped to refine and develop the main study. In a final stage, a series of policy workshops will bring together people with personal and professional experiences of the courts to discuss findings and develop recommendations for policy and practice improvements and reforms. This project will also help to highlight gaps in public legal education about judicial process and legal rights.

Outcomes

The findings from the research will be published in:

• a briefing on parents’ experiences of public law childcare proceedings
• a research report highlighting lay experiences, aimed at practitioners and policymakers
• briefings on legal rights, participation, and access to justice, run in collaboration with voluntary sector partners and the Nuffield Family Justice Observatory
• a webinar presenting individual stories of encounters with the justice system, to illustrate the vulnerabilities and support needs of court users
• A short film about the involvement of people with lived experience in research and policy discussions about the justice system
• A series of blogs as guest editors of the Socio-Legal Studies Association Blog series