Promoting social justice through law reform in Scotland

Today is known as World Day of Social Justice, celebrated annually on 20 February in recognition of the need to promote fairness for all.

As part of a university and law school with a social justice mission, the concept of ensuring that the law treats everyone fairly and equally, is important to me.

As a practicing solicitor and then as a legal academic in the Open University’s law school, I have been committed to promoting social justice and equality.  The OU's Open Justice Centre encourages law students to deliver the social justice mission of the University, by volunteering in legal advice and education activities for members of the public and organisations. 

I set up the UK’s first online policy clinic, the OU’s Open Justice Online Policy Clinic, in 2019, for students to undertake research on behalf of organisations and charities, providing them with evidence and analysis to support their policy and law reform activities.  We are currently working with three charities and organisations in Scotland, researching areas of law they are concerned do not ensure fair treatment for everyone. We are providing them with evidence and recommendations for law reform. 

OU law students are working with the Scottish Sentencing Council, an independent body concerned with sentencing criminal law offenders in Scotland.  They have asked us to research how the mental health of offenders impacts sentencing in Scotland.   There is a lack of information about the sentencing of more minor offences which takes place in the Sheriff courts, and I am particularly pleased that fieldwork is part of this project to obtain some first-hand information on these lower court proceedings.  

Sixteen law students from the OU in Scotland will attend over 40 days of hearings in their local courts."

Sixteen law students from the OU in Scotland will attend over 40 days of hearings in their local courts, to observe proceedings and gather data.  The final report will be used by the Scottish Sentencing Council to consider whether they need to issue guidelines relating to mental health for all judges dealing with sentencing proceedings in Scotland

Another seven students are working with the Royal National Institute of Blind People Scotland. They have asked us to research how their registration process for blind and partially sighted individuals is working, following changes over recent years. Our students are collating data and looking at registration systems used in other countries. The final report and recommendations will be used by RNIB (Scotland), to consider whether any proposals for reform should be included in the forthcoming national care bill, which will set up a national care service for Scotland.  

Eight OU students are working on a project for The Bridges Programme, which supports refugees and asylum seekers living in Glasgow. They have asked us to research the practice of Female Genital Mutilation (FGM) in Scotland, following the introduction of new legislation. Agencies are concerned that the practice of FGM in Scotland is continuing, or even increasing, as there appears to be a lack of prosecutions.  

Of the countless benefits I have derived from the Open Justice activity so far is that it has mostly humanised the law for me."
OU Law student

In addition to collating evidence, the students will produce a short informational leaflet for those affected by FGM, outlining their legal rights and places to go to for support. The final report will help charities working in this area determine whether the current legal protections are working effectively or need further reform.  

Being involved in policy clinic projects enables students to better understand the impact of the law on the most vulnerable and disadvantaged in our society and analyse the way in which the law works (or does not work) in practice.  A student who worked on a previous policy clinic project said this type of voluntary work instils “A sense of public-spiritedness and compassion among the student community. Of the countless benefits I have derived from the Open Justice activity so far is that it has mostly humanised the law for me.” 

If you would like to find out more about these projects or how the policy clinic can support your organisation, please contact me at open-justice@open.ac.uk.