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OIA sent to Justice – Access to justice policy and self-represented litigants

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I write following correspondence with The Treasury regarding access to justice and the procedural burden experienced by self-represented litigants.

The Treasury has confirmed that the Ministry of Justice is the government lead on access-to-justice policy and that any policy work relating to self-representation would be led by the Ministry. Treasury also advised that its role is limited to providing fiscal and economic advice where appropriate.

Accordingly, I seek clarification of the Ministry’s position.

Please advise:

Whether the Ministry has any policy, strategy, or work programme relating to self-represented litigants and access to justice.

Whether the Ministry has considered the procedural and resource burden placed upon self-represented parties involved in proceedings with multiple publicly funded agencies.

Whether any mechanism exists to recognise or address the substantial time, expense, and procedural work undertaken by self-represented litigants in order to obtain disclosure, prepare evidence, and participate effectively in legal proceedings.

Whether the Ministry has prepared or holds any briefings, reports, Cabinet papers, policy advice, or other documents relating to these issues.

Whether this correspondence and all associated records, including internal emails, file notes, assessments, and decision-making records, will be preserved in accordance with the Public Records Act.

For the avoidance of doubt, I am not seeking legal advice or asking the Ministry to comment on the merits of any individual proceeding. I am seeking information about the Ministry’s policy responsibilities and any existing frameworks relevant to these matters.

If any part of this request is more appropriately dealt with under the Official Information Act 1982, please treat it as a request under that Act.

I look forward to your response.

Kind regards,

Tracy Lynch