OPRC consultation on new inclusion framework and pre-action model for the digital justice system – Law Society response

The proposals

The draft inclusion framework sets out design principles and standards to ensure all users, especially those at risk of exclusion, can access and engage with digital justice services.

Key features include user-centred design, plain language and robust data collection to measure inclusion outcomes.

The draft pre-action model outlines guidance for online legal information, advice and dispute-resolution service.

It aims to promote early, fair, and efficient resolution of disputes outside of court and common standards across digital platforms.

The model includes principles for user conduct and provider responsibilities such as transparency, accessibility, data privacy, and referral protocols.

It also proposes technical and data standards to support smooth transitions between services and the wider digital justice system.

We did not respond to the individual questions in the engagement document. However, we expressed our general position on the framework and model.

Our view

We are supportive of the OPRC and the draft framework and pre-action model.

We are pleased to see principles, standards and mechanisms to support a more inclusive digital justice system.

We noted that many of these are consistent with our previous recommendations for court modernisation and the digital justice system, such as in our 21st Century Justice final report and our report on online court services.

We did, however, express concerns about the likelihood that private providers of dispute resolution will align with a voluntary framework and model.

We have previously advocated for an online solutions explorer as a single-entry point to the civil justice system.

We suggested that this could be a mechanism for incentivising alignment, by directing members of the public to providers that are more aligned with the framework.

What this means for solicitors

Although the framework and model are not enforceable, solicitors providing online pre-action advice and dispute resolution services should consider how they can align with the framework and model, once finalised.

Next steps

The call for evidence closed on 19 September.

The OPRC is analysing the feedback received.

Read the full public engagement document.