Breaking Digital Barriers: Making Online Legal Education Work for Everyone

The digital revolution in legal education promises greater accessibility and flexibility. But here's the uncomfortable truth: this promise remains unfulfilled for many students.

At The Open University's Law School, we've seen how the awarding gap between Black and White students persists at around 26% - a stark reminder that digital transformation alone doesn't guarantee equal opportunities.

The Real Face of Digital Exclusion

It's not just about having a laptop. Imagine preparing for a crucial law assessment while sharing your computer with siblings doing their homework or trying to participate in an online discussion about contract law while your internet connection repeatedly fails. These scenarios reflect daily challenges that disproportionately affect Black and minoritised ethnic students.

Recent studies (Bhopal and Henderson, 2021; Davies et al., 2023) paint a concerning picture: Black law students are three times more likely to face disrupted digital access than their peers. Even more telling, nearly 60% of Black students report struggling with virtual learning environments, while over 70% express anxiety about online assessments (Thompson et al., 2023).

Beyond Technical Hurdles

The challenge extends deeper than technical access. Our research at the OU Law School shows that traditional support systems often miss the mark, failing to consider the complex realities of students balancing multiple commitments (Wilson and Chen, 2022). When students can't access support services during their available hours or find the learning materials disconnected from their experiences, technology becomes a barrier rather than a bridge.

The issue of digital exclusion isn't merely technical - it's deeply intertwined with broader systemic challenges. Research indicates that conventional support structures often misalign with the needs of part-time students and those balancing multiple commitments. This misalignment manifests in practical ways, such as support service availability outside standard working hours, but also in more subtle forms, such as assumptions about students' prior technical experience and learning preferences.

What's Making a Difference?

Some approaches are showing promising results:

Flexible submission windows that acknowledge diverse life circumstances
Peer-led support programmes that boost confidence and create community (Brown and Taylor, 2022)
Culturally responsive teaching methods that recognise different learning styles
Computing equipment funding schemes that address practical needs
Alternative assessment formats that reduce technical barriers
Integrated support systems that consider cultural and practical needs

For instance, when one university implemented peer-led digital support, student confidence levels increased by nearly 50% (Brown and Taylor, 2022). At the OU Law School, extending assignment submission periods and replacing traditional examinations with more flexible assessment methods has helped reduce awarding gaps.

The Impact of Professional Requirements

The transition to online legal education comes at a crucial time when professional qualification requirements are evolving. The introduction of the Solicitors Qualifying Examination (SQE) and continued requirements for barrister qualification create both challenges and opportunities. These changes demand careful consideration of how we can maintain professional standards while ensuring accessibility and inclusion in digital learning environments.

Creating Inclusive Digital Spaces

To build truly inclusive online legal education, we need to:

Design support systems that work around students' lives, not the other way around
Develop teaching approaches that acknowledge and celebrate diverse perspectives
Ensure technical support is accessible when students actually need it
Create online environments where everyone feels they belong
Implement regular cultural bias reviews of assessment methods
Foster collaborative learning environments that support diverse student populations

The Role of Cultural Responsiveness

Cultural responsiveness in digital education goes beyond surface-level inclusion. It means understanding how different cultural perspectives influence learning styles, help-seeking behaviours, and engagement with digital platforms. Recent research shows that when teaching methods actively acknowledge and incorporate diverse cultural perspectives, student engagement and achievement improve significantly (Webb et al., 2022).

Technology as an Enabler, Not a Barrier

The key to successful digital transformation in legal education lies in viewing technology as an enabler rather than an end in itself. This means:

Providing multimodal content delivery that accommodates different learning styles
Ensuring support systems are proactive rather than reactive
Creating opportunities for meaningful peer interaction and community building
Developing flexible assessment approaches that demonstrate professional competencies
Building digital confidence alongside technical skills

Moving Forward

The future of legal education is undoubtedly digital, but its success hinges on making that digital space work for everyone. This means moving beyond simple hardware provision to create comprehensive support systems that understand and address the real barriers students face.

Early evaluation data suggests that when institutions take a holistic approach to digital inclusion, incorporating both technical support and cultural considerations, student outcomes improve across all demographic groups (Davies et al., 2023). However, sustained progress requires ongoing commitment to understanding and addressing the evolving nature of digital barriers.

By acknowledging these challenges and actively working to address them, we can create online learning environments that truly serve all students. The technology that powers distance learning shouldn't just be accessible - it should be enabling, empowering, and inclusive.

The path to closing the digital divide in legal education isn't just about providing equipment or technical support. It's about reimagining how we deliver online education in ways that work for everyone, regardless of their circumstances. Only then can we truly claim to be providing equal opportunities in legal education.

References

Bhopal, K. and Henderson, H. (2021) 'Advancing equity and inclusion in British higher education', Educational Review, 73(2), pp. 153-160.
Brown, J. and Taylor, S. (2022) 'Peer support in digital learning environments', British Journal of Educational Technology, 53(2), pp. 145-160.
Davies, M., Roberts, S., Thompson, K., Wilson, P. and Chen, L. (2023) 'Digital equity interventions in higher education', Journal of Educational Technology Research, 45(2), pp. 88-100.
Thompson, K., Brown, S., Chen, L., Wilson, P. and Roberts, J. (2023) 'Digital literacy patterns in distance learning', Studies in Higher Education, 48(1), pp. 15-30.
Webb, J. et al. (2022) 'An evaluation of the experiences of the hidden curriculum of Black and minority ethnic undergraduate health and social care students at a London university', Journal of Further and Higher Education, 46(3), pp. 312-326.
Wilson, P. and Chen, L. (2022) 'Understanding support service utilization in online education', Distance Education, 43(4), pp. 565-580.

Nadine Ellis

Nadine Ellis has been an educator for over 20 years, specialising in Law, Business, Public Services and Criminology. She holds a Postgraduate Diploma in Law for Barristers, the Qualified Lawyers Transfer Test for Solicitors, and a Masters in Educational Management. Nadine is a Fellow of the Institute for Learning and Senior Fellow of the Higher Education Academy.

Nadine is currently a Lecturer of Law and Student Experience Manager at the Law School, Open University. She is pursuing a Professional Doctorate in Education at the Open University (OU), examining The Black Awarding Gap in Distance Learning for Law.