Moving to digital must not exclude those without digital confidence or access
Digital exclusion can cause significant barriers to accessing legal services, finds research commissioned by the Bar Standards Board (BSB), CILEx Regulation Ltd (CRL), the Council for Licensed Conveyancers (CLC), and the Institute for Chartered Accountants in England and Wales (ICAEW).
The research to understand digital exclusion in the legal sector combined a survey of over 450 digitally excluded legal service users, including in-depth interviews with 30 people. It also included interviews with national and community organisations who support people affected by digital exclusion. Digital exclusion was defined for this study as facing barriers to the use of online services due to issues around access, affordability, ability or attitude.
The report finds that while digitisation may increase efficiency for some, it risks excluding or marginalising those without the resources, skills, or confidence to access legal services online without support. Participants described feelings of anxiety, shame, and powerlessness. Some worried about “getting it wrong” and facing legal consequences. Others felt ignored or dismissed when providers assumed digital competence or failed to offer alternatives. Several described abandoning their legal issue altogether, not because it lacked importance, but because the digital barrier felt insurmountable.
The findings highlight the critical importance of embedding inclusion and choice into service delivery and ensuring that efficiency does not come at the expense of equity. The research shows that:
- Half of all respondents (50%) reported that they were not confident using the internet for complex tasks such as managing finances, healthcare, or legal issues.
- Over half (56%) always or often relied on family, friends, or neighbours to access online services.
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- Eighty-two percent were asked to complete some part of their legal service online, yet only one in five managed this independently. Most relied on others or asked their provider for alternatives.
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- While 15% said the online service reduced the time it took to resolve their case, the majority (56%) reported that digitisation made the process take longer. A further 5% said they were unable to resolve their issue at all because of the online requirements.
- Despite these challenges, 71% of those who had part of their legal service delivered online felt that they had achieved a better outcome as a result.
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- When accessing legal services online, almost half (47%) reported low confidence, 38% needed help, and over a third (38%) worried about security or privacy.
- Some reported that in-person help was offered to them with the online part of the service (39%) or they were offered paper documents or other non-digital options (31%). However, many participants said they were instead referred to external organisations (42%) or encouraged to rely on family or friends for assistance (40%). A small minority (6%) received no help at all. Crucially, just 19% of those who received support from their legal provider directly said this was offered proactively, despite most finding it valuable once provided.
The report concludes that for many digitally excluded legal service users, online systems lengthen timelines, reduce autonomy, and deter them from seeking help in the future.
To ensure access to justice for all, the report recommends that legal service providers and regulators must commit to embedding inclusion in service design, maintaining meaningful offline routes, supporting staff to recognise and respond to exclusion, and working with community networks to strengthen capacity. Regulators can play a vital role in ensuring that these principles are applied consistently across the sector.
Mark Neale, Director General, The Bar Standards Board said:
“In an increasingly fast paced digital world this research will help us understand the challenges faced by people who are digitally excluded and the role we can play in helping them to overcome the barriers they face in accessing legal services.”
John Barwick, CEO, CILEx Regulation said:
“As more legal providers embrace digital approaches to delivering services, this research offers crucial insight into the challenges of digital exclusion and the barriers it creates to accessing legal support. These findings will inform our work to better understand the experiences of affected consumers and help identify practical measures to support them, delivering fair and improved access to legal services.”
Sheila Kumar, Chief Executive, The Council for Licensed Conveyancers said:
“This report comes at a crucial time as the vital move towards digitisation in legal services gathers pace to improve outcomes for all. The research reminds us that understanding and meeting the needs of all clients is central to those legal services and points to useful ways to address digital exclusion.”
Duncan Wiggetts, Chief Officer, Professional Standards, The Institute for Chartered Accountants in England and Wales said:
“As an approved regulator for probate services, we are pleased to support this important research into digital exclusion. Ensuring access to justice depends on inclusion and that requires the design of legal services that work for everyone. Probate is often a highly emotional process, and this research underlines the continuing importance of human interaction in delivering sensitive and effective support. We encourage our registered firms and the wider profession to ensure that their services are flexible and inclusive by design, so that no one is left behind.“
Additional information
In April 2024, the Bar Standards Board (BSB), CILEx Regulation Ltd (CRL), the Council for Licensed Conveyancers (CLC), and the Institute of Chartered Accountants in England and Wales (ICAEW) collaborated to commission research by M-E-L Research, a specialist market, social and behavioural research and insights consultancy, aimed at understanding the experiences of digitally excluded clients or prospective clients within the legal sector.
Access the full research report
