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DLA Phillips Fox, Sydney, 3 rd July 2008

Recent Developments in ‘Legal Need’ Research. DLA Phillips Fox, Sydney, 3 rd July 2008.

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DLA Phillips Fox, Sydney, 3 rd July 2008

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  1. Recent Developments in ‘Legal Need’ Research DLA Phillips Fox, Sydney, 3rd July 2008 Pascoe PleasenceProfessor of Empirical Legal Studies, University College LondonHead, Legal Services Research Centre, LondonNigel BalmerHonorary Senior Research Fellow, University College London Principal Researcher, Legal Services Research Centre, London

  2. Recent Developments in ‘Legal Need’ Research Themes of Research and Analysis • Social Context of Problems • Responses to Problems • Outcomes

  3. ● ● ● ● ● ● ● ● ● ● ● ● Since Genn’s seminal Paths to Justice survey, a number of large scale general population studies have adopted a similar approach to examine peoples experience of civil law problems

  4. Themes of Research and Analysis 1. Social Context of Problems • Problem incidence • Inequality of experience • Specific populations • Young/Old (e.g. Ellison et al (2005), Balmer et al (2007)) • Victims of Crime (e.g. Kemp et al (2007), Gramatikov (2008)) • Offenders (e.g. Grunseit et al 2008) • OutreachLocations (Buck et al 2007) • Low Income (e.g. Currie 2005) • Homeless (Pleasence et al (2004a), Forell (2005)) • Ill / Mentally Ill (Pleasence et al (2004a), Karras et al (2006), Currie (2007) Pleasence et al (2008), Pleasence & Balmer (2008)) • Small area models (e.g. LSRC (2002))

  5. Themes of Research and Analysis 1. Social Context of Problems • The experience of multiple problems • The additive effect of problems • Co-occurrence of problem types (e.g. Pleasence et al (2004b), Coumarelos (2006), Moorhead et al (2006), Currie (2007), Gramatikov (2008), Moorhead (2008)) • The Impact of Problems (e.g. Pleasence et al (2004c), Balmer et al (2006), Pleasence et al (2007), Pleasence and Balmer (2007), Pleasence et al (in press))

  6. Example findings from the CSJS and NZ The English & Welsh Civil and Social Justice Survey Nationally representative household survey of people’s experience and response to problems involving rights. Conducted in 2001, 2004 and, since 2006, continuously Face-to-face interviews in respondents’ homes (5,015 adults in 2004; 3,300 adults per annum since 2006) Interviews average 50 minutes if problems identified 3 years reference period (36% incidence, continuous to date)

  7. Example findings from the CSJS and NZ 2006 New Zealand Survey of Unmet Legal Need and Access to Services Derived from the CSJS Telephone interviews with 7,200 people aged 15+ Interviews averaged 11½ minutes 7 broad problem categories, 1 year reference period (26% incidence) First section dealing with all problems, second section dealing in detail with the most serious problem identified.

  8. Example findings from the CSJS and NZ Inequality of Experience • CSJS and New Zealand survey demonstrate socially excluded people are most vulnerable to rights problems • Experience has an additive effect (cycles of exclusion) • People with long-term health problems or disabilities 41% • Those on benefits 46% • People living in terraced housing or flats 40% • Lone parents 61% • Victims of crime 48% Models: significant association with social exclusion (e.g. CSJS): From Pleasence et al (2007)

  9. Example findings from the CSJS and NZ Substantial link between mental illness and rights problems Mental illness was highly influential in the models. In percentage terms, 65% of all CSJS respondents who reported a mental illness also reported a problem. This compared to 32% of other respondents. The equivalent figures in New Zealand were 46% and 24% Unlike for ill health / disability in general, the figures did not change a great deal when age standardised. From Pleasence and Balmer (forthcoming)

  10. Example findings from the CSJS and NZ Age by illness/disability interaction (England and Wales) From Pleasence and Balmer (forthcoming)

  11. Example findings from the CSJS and NZ Age by illness/disability interaction (New Zealand) From Pleasence and Balmer (forthcoming)

  12. The Experience of Victims of Crime (CSJS) From Kemp et al (2007)

  13. Impact of Problems Reported Through the 2004 CSJS Adverse consequences • 27% led to stress related ill-health • 14% of problems led to physical ill-health • 17% led to loss of confidence • 15% to loss of income • 6% to loss of a home • 6% damage to property • 5% had to move home • 5% loss of employment • 4% (excluding family problems) to relationship breakdown • 4% violence • For around 40% of problems, respondents spent all or most of their time worrying about their problem (particularly, immigration, homelessness, relationship b’down, children and domestic violence) • Often had severe difficulties carrying on living normally From Pleasence et al (2007)

  14. Example Policy Developments The Experience of Multiple Problems • CLACs / CLANs • “The publication of the second edition of Causes of Action … drives our • ambition that people need access to an integrated and seamless • service. People do not face ‘legal problems’ but clusters of problems to • which the law may offer one solution.” • Making Legal Rights a Reality: The Legal • Services Commission’s Strategy for the • Community Legal Service • Broad Integration of Advice Services • Over 1000 CABx information or advice services in health settings

  15. Themes of Research and Analysis 2. Responses to Problems • Problem Resolution Strategies • Predictors of strategy (Coumarelos et al (2006), Kritzer (2007), Pleasence & Balmer (2008)) • Additive effect of strategy (e.g. Sandefur (2007), Murayama (2008), Pleasence & Balmer (2008)) • Specific populations (e.g. lone parents (Moorhead et al (2004)), homeless (e.g. Forell (2005)), mental illness (Karras et al (2006)), urban/rural (Patel et al (in press)) • Mode of advice (e.g. Pearson and Davis (2002), Hobson and Jones (2004), Moorhead (2004 et al), Patel et al (in press), Tam et al (forthcoming)) • Referral fatigue

  16. Drivers of Strategy (CSJS 2006) Ethnicity (CSJS) Minority ethnic respondents more likely to do nothing From Pleasence and Balmer (2008)

  17. Additive Effect of Strategy Personal preferences If you do nothing once you are far more likely to do nothing again If you obtain legal advice once you are far more likely to do so again If you obtain non-legal advice you are far more likely to do so again Household empowerment If you do nothing, other household members are far more likely to do nothing If you obtain legal advice, other household members are far more likely to obtain legal advice If you obtain non-legal advice, other household members are far more likely to obtain non-legal advice Both non-legal and legal advice generally increase household members advice seeking, regardless of type of advice From Pleasence and Balmer (2008)

  18. Mode of contact (2004 CSJS) Telephone and Internet Information and Advice Telephone and Internet Advice and Information Overall, around half of first contact with advisers is face to face and half over the telephone Of those using the telephone, half go on to obtain face to face advice Use of the Internet to solve problems has risen from 4% in 2001, to over 10% in 2004, to around 15% now. Internet not generally used to obtain advice From Pleasence et al 2007, Patel et al (in press)

  19. Use of telephone on its own by distance to specialist/QM adviser Essential for some in isolated areas, but may not be suitable for all From Patel et al (in press)

  20. New Technologies and Methods of Delivery The Internet • INCREASING ACCESS TO INFORMATION AND ADVICE • 15% of respondents used the internet for accessing information or advice in 2004 (10% in 2004 and 4% in 2001) • The Internet appears to be typically used as a tool for locating advisers, rather than for receiving advice • Use of the Internet is associated with a substantially higher rate of obtaining advice (68% vs. 50% in 2004) • Use continues to increase, and the proportion of people obtaining advice might be expected to increase with it From Tam et al (forthcoming)

  21. New Technologies and Methods of Delivery The Internet • HOWEVER • There exists a digital divide. Use of the internet to seek information or advice is more common among those who are relatively young, mobile, healthy and wealthy. • Also, use of the internet does not equate to use of internet as a tool to obtain information or advice about rights problems • Also, those who sought information or advice from the internet reported obtaining less of what they were looking for from sources of information and advice. From Tam et al (forthcoming)

  22. Knowledge of Rights (CSJS) If you lack knowledge of your rights….. More likely to do nothing when faced with a problem More likely to try and fail to obtain advice Problems more likely to result in adverse consequences (e.g. on health) Far less likely to meet your objectives Also, more likely to be socially excluded (e.g. low income, low education, public renting) From Buck et al (2007)

  23. Knowledge and Meeting Objectives (CSJS) From Buck et al (2007)

  24. Referral Fatigue (CSJS) From Pleasence (2004) Pleasence et al (2007)

  25. Example Policy Developments Responses to Problems • Public Legal Education • PLEAS Task Force (Recommendation of new agency to bring together PLE activities) • Active engagement with ‘problem noticers’ • Syndicated advice columns / advertisements • ‘Signposting’ / Referrals • Advice directory / CLA telephone referrals for non-eligible callers • CLA telephone advice active referral system

  26. Example Policy / Practice Developments Responses to Problems • Mode of Delivery • Assessment of suitability for telephone advice alongside the continuing expansion of service • Virtual processing (e.g. www.a2jauthor.org) • Outreach • Financial Inclusion Fund/LSC Money Outreach Advice Pilots • CABx information or advice services in (e.g.) health settings

  27. Themes of Research and Analysis 3. Outcomes • Impact of advice/representation – (e.g. Genn et al (2006) Pleasence and Balmer (2007), Sandefur (forthcoming)) • Social determinism – (e.g. Sandefur (2008)) • Quality of advice services – (e.g. Moorhead et al (2001))

  28. Impact of Debt Advice on Financial Circumstances (IDARP)

  29. Outcome by Strategy (CSJS 2004)

  30. Example Policy Implications / Developments Outcomes • Impact of advice • Competition for scarce public resources • Quality • Enhanced role of NFP sector • Peer review (review of case files by fellow professionals)

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