DLA Phillips Fox, Sydney, 3rd July 2008

Recent Developments in ‘Legal Need’ Research

Pascoe Pleasence Professor of Empirical Legal Studies, University College London

Head, Legal Services Research Centre, London

Nigel BalmerHonorary Senior Research Fellow, University College London

Principal Researcher, Legal Services Research Centre, London

Themes of Research and Analysis

Recent Developments in ‘Legal Need’ Research

1. Social Context of Problems

2. Responses to Problems

3. Outcomes

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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

1. Social Context of Problems

Themes of Research and Analysis

• 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)• Outreach Locations (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))

1. Social Context of Problems

Themes of Research and Analysis

• 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))

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)

Example findings from the CSJS and NZ

The English & Welsh Civil and Social Justice Survey

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.

2006 New Zealand Survey of Unmet Legal Need and Access to Services

Example findings from the CSJS and NZ

Example findings from the CSJS and NZ

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%

Inequality of Experience

Models: significant association with social exclusion (e.g. CSJS):

From Pleasence et al (2007)

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)

Example findings from the CSJS and NZ

0

25

50

75

100

Up to24

25-34 35-44 45-59 60-74 75+

Age

% w

ith 1

+ p

rob

lem

s No illness / disability

Non mental healthillness/disabilityMental health relatedillness / disabilityBoth

Age by illness/disability interaction (England and Wales)

From Pleasence and Balmer (forthcoming)

Example findings from the CSJS and NZ

0

25

50

75

100

Up to24

25-34 35-44 45-59 60-74 75+

Age

% w

ith 1

+ p

rob

lem

s

No illness / disability

Non mental healthillness/disability

Mental health relatedillness / disability

Age by illness/disability interaction (New Zealand)

From Pleasence and Balmer (forthcoming)

The Experience of Victims of Crime (CSJS)

0 5 10 15 20 25

Mental healthImmigration

Police treatmentHomelessness

Domestic violenceDivorce

Welfare benefitsClinical

Owned housingChildren

Post-relationshipDiscrimination

Personal injuryRented housing

EmploymentMoney/debtNeighboursConsumer

% respondents

two type

one type

non-victim

From Kemp et al (2007)

• 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

Impact of Problems Reported Through the 2004 CSJS

• 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

Adverse consequences

From Pleasence et al (2007)

The Experience of Multiple Problems

Example Policy Developments

CLACs / CLANs

“The publication of the second edition of Causes of Action … drives ourambition that people need access to an integrated and seamless service. People do not face ‘legal problems’ but clusters of problems towhich 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

2. Responses to Problems

Themes of Research and Analysis

• 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

Drivers of Strategy (CSJS 2006)

Ethnicity (CSJS)

0% 20% 40% 60% 80% 100%

Black/minorityethnic

White

Problems

No adviceNon-legalLegal

Minority ethnic respondents more likely to do nothing

From Pleasence and Balmer (2008)

Additive Effect of Strategy

Personal preferences

Household empowerment

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

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)

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

Mode of contact (2004 CSJS)

Telephone and Internet Advice and InformationTelephone and Internet Information and Advice

From Pleasence et al 2007, Patel et al (in press)

Use of telephone on its own by distance to specialist/QM adviser

0 10 20 30 40

5 miles ormore

2-5 miles

less than 2miles

% problems

Telephoneonly

Essential for some in isolated areas, but may not be suitable for all

From Patel et al (in press)

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

The Internet

New Technologies and Methods of Delivery

From Tam et al (forthcoming)

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.

The Internet

New Technologies and Methods of Delivery

From Tam et al (forthcoming)

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)

Knowledge and Meeting Objectives (CSJS)

0% 50% 100%

Knewrights

Did notknowrights

Met all

Met some/part

Met none

From Buck et al (2007)

0

10

20

30

40

50

60

70

80

90

First Adviser Second Adviser Third Adviser

% o

f S

uc

ce

ss

ful

Re

ferr

als

2001 2004 2006

Referral Fatigue (CSJS)

From Pleasence (2004) Pleasence et al (2007)

Responses to Problems

Example Policy Developments

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

Responses to Problems

Example Policy / Practice Developments

Outreach

• Financial Inclusion Fund/LSC Money Outreach Advice Pilots• CABx information or advice services in (e.g.) health settings

Mode of Delivery

• Assessment of suitability for telephone advice alongside the continuing expansion of service

• Virtual processing (e.g. www.a2jauthor.org)

3. Outcomes

Themes of Research and Analysis

• 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))

Offered advice

Not offered advice

Better / Much better

47% 37%

The same 18% 25%

Worse / Much worse

35% 38%

Impact of Debt Advice on Financial Circumstances (IDARP)

Objectives

Obtained

Obtained in part

Not obtained

Obtained advice

46% 26% 28%

Tried, but failed

11% 26% 63%

Handled alone

42% 25% 33%

Outcome by Strategy (CSJS 2004)

Outcomes

Example Policy Implications / Developments

Quality

• Enhanced role of NFP sector• Peer review (review of case files by fellow professionals)

Impact of advice

• Competition for scarce public resources