Access to Justice in the UK: How Poverty, Language Barriers and Lack of Legal Awareness Block People from Using the Law

 Access to Justice in the UK: How Poverty, Language Barriers and Lack of Legal Awareness Block People from Using the Law

By: Ashmitha Setty

1. Poverty and the Cost of Legal Redress

One of the strongest predictors of whether someone will access legal help in the UK is income. People on lower incomes are far less likely to receive legal assistance than those who are better-off.

In research commissioned by the Law Society of England and Wales, 42% of people on low incomes had no legal assistance or representation in court, compared to only 19% of those on higher incomes. Furthermore, 83% of the public believes that people with less money get worse outcomes in civil justice because of this disparity.

The most significant structural cause of this inequality has been changes to legal aid.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which came into force in April 2013, drastically reduced the types of civil cases covered by legal aid, particularly in areas like employment, housing, and welfare benefits.

Official government data shows that legal aid matters now sit at less than one-quarter of pre-LASPO levels, with the biggest drops in family and housing law.

This has created what advocacy bodies describe as “legal aid deserts” — regions with few or no legal aid providers.

Research maps published by the Law Society show that 90% of people do not have access to a local education legal aid provider, and 85% have no local welfare/legal benefit provider.

These deserts are most acute outside major cities, affecting rural and economically disadvantaged areas.

Delays in reform are compounding the problem. A review of the legal aid means test in 2023 recommended widening eligibility so that an additional 5.5 million people could qualify for legal aid, but implementation has been delayed until 2026.

Critics argue that until then, millions remain unable to afford legal help even when they have a legitimate claim.

2. Language Barriers

Language is less often discussed than cost, but it is equally important. Legal systems rely heavily on written and spoken communication. Even basic proceedings often involve complex vocabulary, technical phrases, and unfamiliar concepts.

Studies show that language barriers deter people from engaging with legal services, especially migrants, refugees, and communities where English is not the first language.

While precise national figures on non-English speakers’ legal engagement are sparse, research into legal needs has shown that people with low legal confidence are significantly less likely to consult a lawyer. In a large survey, 54% of those with low legal confidence did not seek professional help, compared to 47% of those with high confidence, and language issues are a key driver of legal confidence.

Law centres and community organisations report that lack of language support leads to misunderstandings and unrepresented litigants. This is particularly acute in areas such as family law, immigration, and employment disputes.

In courts, defendants with limited English struggle to understand charges, pleadings, or legal instructions. Without qualified interpreters and culturally accessible guidance, these individuals are far less likely to access justice effectively.

3. Lack of Legal Awareness and Understanding

Access to justice depends not only on cost and language but also on knowing that legal rights exist and how to enforce them.

A study by the Law Society and the Legal Services Board found that only 21% of people believed justice was accessible, and 38% of those with legal problems received no help at all.

Some respondents said they assumed justice was too expensive (13%), did not know how to find advice (8%), or thought it would be too difficult (5%).

Understanding of legal aid is particularly low: 29% did not know legal aid was available for any issue, and 49% wrongly believed it was only for criminal cases. This suggests that even when services exist, people may not know how to access them.

Independent research on unmet legal needs shows that two-thirds of adults in England and Wales had experienced at least one legal problem in the previous four years, but only 62% received any help, and just over half saw a professional adviser. For contentious legal issues, only 19% had their legal needs fully met, while 32% reported unmet needs.

Legal illiteracy also manifests in practical failures: people miss deadlines, misunderstand procedures, and represent themselves in complex court processes where outcomes are significantly worse for unrepresented litigants.

This is particularly common in private family law, where research shows that around 80% of private family law cases involve at least one party without representation.

4. Social Inequality

These barriers do not operate in isolation. Someone living in poverty is more likely to lack English fluency and be unaware of legal rights.

Language and legal illiteracy make cost a more formidable obstacle because individuals do not know where to find help, even when free services exist.

The interplay of these factors means that justice is not simply harder to access for marginalised groups — it is functionally unattainable.

The cumulative outcome is a two-tier justice system: those who can afford representation and understand how to use the system get better outcomes; those who cannot, do not.

As one expert group put it, restricted access “undermines the rule of law” because it prevents the law from being applied equally.