Report launch: David Haynes and Justine Greening
There should be “clearer national signposting” to point consumers towards both legal advice services and insurance-backed provision, a report has recommended.
Campaign group The Purpose Coalition and legal expenses insurer ARAG called on policymakers to “embed prevention as a core principle of justice reform”, which included recognising the role of legal expenses insurance (LEI).
Their report stressed how individuals and businesses which were able to seek guidance at the outset of a problem were more likely to resolve disputes quickly and avoid escalation – and that more than 10 million households and millions of businesses in the UK have some form of LEI.
“There is an opportunity to embed this principle more firmly within the justice system. Policymakers should place early legal advice at the centre of how legal problems are addressed, recognising it as a normal and essential first step.
“This could be supported through clearer national signposting to legal advice services, including insurance-backed provision, alongside stronger integration with public bodies, local authorities and trusted community organisations.
“For members of Parliament and their casework teams, improved awareness and signposting would enable constituents to access help earlier, reducing the volume of cases reaching crisis point.”
The report, Insuring Justice, was launched this week at an event at Parliament hosted by Ben Maguire MP, the Liberal Democrats’ shadow attorney general.
He wrote in the report that legal issues now sat at the heart of much MP constituency casework.
Noting advice deserts for family legal aid services in particular in his constituency in North Cornwall, he said: “The UK needs a broader range of legal support options. The ‘step-ladder’ approach offered by providers such as ARAG represents a practical way of narrowing the gap between limited legal aid and costly private representation, particularly in rural and underserved communities.”
Researchers recommended that prevention should become “a core principle of justice reform”, which included “recognising the role of legal expenses insurance in providing early intervention and acting as a filter within the system”.
In her foreword to the report, Justine Greening, chair of The Purpose Coalition and a former Conservative cabinet minister, commented: “Public provision remains vital, but it can’t meet every need. Models that widen access to guidance and representation, particularly for those who fall outside traditional eligibility thresholds, have a crucial role to play.
“They can help people take action sooner, reduce the number of disputes that escalate unnecessarily and ensure that outcomes are not determined purely by financial means.
“This is not just about reducing the strain on courts, though that matters. It’s about enabling better outcomes earlier.”
David Haynes, chief executive of ARAG, added: “Legal expenses insurance is not a replacement for legal aid and it should not be seen as one.
“But it can be a valuable part of a wider solution – particularly for those who fall just outside eligibility for public support but still need help to assert their rights.
“Looking ahead we want to do more than describe what already exists. We want to work with government, with parliamentarians and with others across the justice system to improve access to early advice and prevent problems escalating unnecessarily.”
Last year, the Law Society advised that LEI “should always be included in the initial conversation” between solicitor and client, following previous calls by the government, Legal Services Board and Civil Justice Council for greater focus on and uptake of LEI.
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