Community Consultation Report Unmet Legal Need in Limerick

Social Service Centre, Henry Street, Limerick Tel: (061) 536 100 Fax: (061) 536 101 Email: [email protected] Web: www.nclc.ie Community Consultation Report Unmet Legal Need in Limerick

Limerick Community Law & Mediation Centre Social Service Centre, Henry Street, Limerick

3 Acknowledgements Table of Contents

This report is the combined effort of a number of people whom we wish to acknowledge for their contribution. Acknowledgements 5 We would like to thank Helen Fitzgerald, of Paul Partnership, who gave so generously of her time and expertise 1 Background 7 to compile this report. We would also like to acknowledge the contribution made by Ros Palmer of the Northside 2 Introduction 8 Community Law & Mediation Centre who facilitated all Focus Group sessions. 3 Unmet Legal Need 9 We would also like to acknowledge the community and residents’ groups and organisations who supported this legal needs analysis, Southill Development Company Ltd., Our Lady of Lourdes Community Services Group, 4 Consultation Methodology 9 Family Support Initiative, Southill Family Resource Centre, Sophia Housing and Family Support, Focus Ireland 4.1 Facilitated Focus Groups with Community Residents 9 (Limerick), O’Malley Keyes Park Residents’ Group and Community Office, Carew Kincora Estate Management, 4.2 Survey of Community Organisations working in Regeneration Communities 10 Our Lady of Lourdes Estate Management, Carew and Kincora Concerned Residents Action Group, St Mary’s Community Centre, St Mary’s Aid Ltd., Moyross Community Enterprise Centre Ltd., Moyross Residents’ Forum 4.2.1 Profile of Community Organisation Survey Respondents 10 Ltd., Limerick City CDP Ltd., Moyross Community Companions, Barnardos (Limerick South), Ballinacurra Weston 5 Consultation Findings 12 Residents Alliance, Moyross Residents Alliance. 5.1 Legal Needs of Regeneration Communities 13 Particular thanks to Southhill Development Company, Our Lady of Lourdes Community Services Group, St Mary’s Community Centre and Northside Youth Café for the use of their premises and for their support for the Focus 5.1.1 Legal Issues 13 Group sessions. 5.1.2 Issues/Challenges Encountered by Clients/Target Groups 14 We would like to pay tribute to the law students and legal interns who volunteered their time to assist the Focus 5.1.3 Legal Rights, Entitlements, and Services 16 Groups sessions; Sarah Cleary, Franco Jombo, Dorcas Oyedeji, Ryenn Malone, Ian McHale, Lourde Mary Quigley, 5.1.4 Existing Service Provision 17 Mary Power, Lindsey Breen, Kate Linehan, Chloe Hogan, Dervla Clohessy, Rachel Whelan and Fergal McNamara. 5.2 Obstacles to Accessing Legal Services 19 Further thanks is due to the contributors of this study - the residents, workers and volunteers of Moyross, St Mary’s, Southill and Ballinacurra Weston - who participated in the Focus Groups and completed the legal needs 5.3 Options for Provision of Legal Services in Regeneration Communities 20 surveys and without whose valuable feedback this report would not be possible. 5.3.1 Mediation 22 Finally, we would like to express our appreciation and thanks to Limerick Regeneration and the Public Interest 5.3.2 Legal Education 22 Law Alliance (a project of FLAC) who have provided funding for this service. 6 Conclusions and Recommendations 23 Appendix 1: Socio-Economic and Demographic Profile of Consultation Areas 25 Appendix 2: Issues/Challenges: Specific Issues encountered by clients/target groups of community organisations 31 Moya de Paor Acting Managing Solicitor Caroline Keane Solicitor Northside Community Law & Mediation Centre Limerick Community Law & Mediation Centre

5 6 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Background 1 Introduction 2

Limerick Community Law & Mediation Centre is a Community Law Centre which was established in late 2012. This report presents the findings from a consultation process undertaken by Limerick Community Law & It aims to serve the needs of the Regeneration communities in Limerick, as well as residents of other socially Mediation Centre, in collaboration with Northside Community Law & Mediation Centre, with residents of, and and economically disadvantaged communities in Limerick, by providing legal information, advice, advocacy and community organisations working in, the Regeneration communities in Limerick City. representation services for those who otherwise cannot access legal services. Limerick Community Law & Mediation Centre is the first community law service to be established outside of Dublin. The Centre also aims to provide a community dispute resolution service as a means to promote positive dispute In Dublin there are two independent community-based law centres, Northside Community Law and Mediation resolution. The Centre is funded by Limerick City and County Council – Office of Regeneration, and the Public Centre and Ballymun Community Law Centre. There are also a number of other independent law centres such Interest Law Alliance (a project of FLAC1). as: FLAC, the Immigrant Council of Ireland, Mercy Law Resource Centre, the Irish Traveller Movement Law Centre A Community Law Centre is a non-profit organisation, which works to reduce and remove barriers to the law on and the Irish Refugee Council Independent Law Centre. Whilst common legal issues arise for all independent law the basis that all people should be able to access basic legal information and advice regardless of their income centres, it was recognised that unique and specific legal issues arose in Limerick and that in order to ensure that and background. It works to identify and unlock the legalities, regulations, policies, and procedures that manifest the Centre best met the needs of the local communities it seeks to serve, a consultation process with residents, as barriers and obstacles to a fair and better life for all individuals in that Community. community workers and volunteers was a necessity. The establishment of the Law Centre came about from representations made by community representatives and The overall aim of the consultation process was to: activists in Limerick to establish a Community Law Centre, to address a very significant unmet legal need identified 1. Ascertain the legal needs of the communities in terms of areas of law. primarily within the Regeneration communities. The objective was to set up a Law Centre in Limerick based 2. Ascertain the views of the community in relation to the obstacles to accessing legal services. on the model of a community law centre already established in Coolock and Ballymun. A Steering Committee was set up, comprising of representatives of various community groups and other key stakeholders, to provide 3. Ascertain the views of the community regarding the types of legal services needed. guidance on the direction and development of the service.

The Law Centre aims to promote community development and social inclusion by empowering local communities The consultation process focused on the following geographic communities in Limerick City: through the provision of various legal services. The Law Centre commenced service delivery in January 2013 4 Moyross. when it held its first legal advice clinic in Moyross. The Centre: 4 St. Mary’s Park. 1. Provides free information, advice, advocacy and representation to individuals and groups in the Regeneration communities and others who otherwise may not be able to access legal services. 4 Southill. 2. Provides community dispute resolution services. 4 Ballinacurra Weston. 3. Works to empower the community through education, research, and campaigns. All four communities have been designated as areas for redevelopment under the Limerick Regeneration Programme. As it is recognised that the communities as designated by the Regeneration Programme can The Law Centre, in partnership with various community groups in the four Regeneration areas, provides advice encompass more than the geographic confines of the areas (St. Mary’s Park and Ballinacurra Weston in particular), clinics on an outreach basis to residents on a range of areas of law. Northside Community Law & Mediation a broad, inclusive approach was adopted for the purposes of the consultation process. A socio-economic and Centre is responsible for the overall management of the Law Centre. demographic profile of each area is included in Appendix 1.

1 Free Legal Advice Centre.

7 8 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Unmet Legal Need 3 Survey of Community Organisations working in Regeneration Communities 4.2

For the purpose of this report, the term ‘Legal Need’ applies to the definition adopted by Ballymun Community A questionnaire survey was issued to 25 community organisations working in Regeneration Communities. Law Centre in the context of a legal needs survey carried out at the time of their establishment. Legal Need, in this 16 community organisations responded to the survey, representing a response rate of 64%.3 context, means empowerment so that citizens can first identify that they have a legal problem, and secondly, find The questionnaire sought to elicit information in respect of the following issues: a satisfactory non-legal solution to their problem should they wish to do so. Thirdly, they require information to pursue that option and finally, where appropriate, obtain legal advice and representation and the wherewithal to 4 Role of the community organisation in relation to providing information, advocacy, legal advice, legal do so. The comparative studies show that the concept of legal need, does not automatically require engagement representation, and referrals to target groups/clients. with legal processes, but rather that the citizen has the capacity to assess their situation and the knowledge 4 Types of issues faced by target groups/clients of community organisations. to act accordingly. It also means information, advice, representation, training and consultation for community 4 Levels of awareness among target groups/clients in relation to legal rights and entitlements. organisations. 2 4 Availability of legal services and information. 4 Barriers to accessing legal information and advice. Consultation Methodology 4 4 Suggestions for improving availability/provision of legal services. The consultation process was comprised of two strands: 4 Awareness-raising/legal education talks in the community. 4 Facilitated focus groups with community residents in each of the four survey areas. 4 Questionnaire survey of community organisations working in either one or all of the Regeneration areas. Profile of Community Organisation Survey Respondents 4.2.1

Facilitated Focus Groups with Community Residents 4.1 Geographic Community Of the 16 responding community organisations, just over a third (37.5%, 6 organisations) work in/represent/ support the Southill area, while almost another third (31.3%, 5 organisations) are involved in supporting residents Table 1 below provides an overview of the number and location of facilitated focus groups held and the number of the Our Lady of Lourdes/Ballinacurra Weston area. Two community organisations based in Moyross and of participants in each. 136 residents participated in total. another two in St. Mary’s also responded. One response was received from an organisation with a citywide focus. The following chart illustrates the geographic profile of the survey respondents. Table 1: Overview of facilitated focus groups

Date Location Number of Participants Figure 1: Community Organisations - Geographic Area 5th December 2012 Moyross 31 – 16 female, 15 male

rd 23 January 2013 Southill 40 (Gender profile not recorded) St. Mary’s 2 1 Citywide 23rd January 2013 Ballinacurra Weston 15 – 5 female, 10 male 24th January 2013 St. Mary’s 50 (Gender profile not recorded)

Our Lady of Lourdes/ In each focus group, participants were informed about the purpose of the discussion. They were then split into Southill 6 5 Ballinacurra Weston smaller ‘breakout’ groups. Each group discussed one of the following questions/issues: 1. Areas of law – what are the legal areas with the greatest needs? 2. Obstacles to accessing legal advice and information. 2 Moyross 3. How would the community benefit from a community law service? How should this service be delivered? 4. Access to information on legal rights and entitlements. 5. Mediation as a means of resolving disputes.

2 Law from a Community Perspective; Unmet Legal Need in Ballymun. Research commissioned by the Ballymun Community Law 3 One survey was completed by a community umbrella group. The umbrella group is a representative structure for community and Centre, 2005. voluntary organisations working in that community.

9 10 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Target Groups Focus of Work Survey respondents were asked to select from a specified list of target groups those groups that they worked with or Survey respondents were asked to state their main area of work. The responses provided were varied but can be to whom they provided supports. Figure 2 below shows the number of organisations providing services to different classified into a number of distinct categories (some broader than others) as shown in Table 2 below. Six of the 16 types of target groups. (Note: community organisations could identify more than one type of target group). survey respondents described their main area of work in terms of Supporting Local Residents/Clients to access local services. Four community organisations stated that they are involved in Community Representation. There are three organisations in each of the following categories: Local and Community Development, Employment Figure 2: Community Organisations - Target Groups (No. of Survey Respondents) Support, Information Provision, Estate Management, Family Support, Education and Training. One organisation is providing support to housing tenants, while another works in the area of Homelessness. Asylum Seekers/Refugees 0

Elderly 5

Gay, lesbian, bisexual, transgender persons 0 Table 2: Community Organisations - Areas of Work Homeless 4 Migrants 1 Area of Work Number of Community Organisations One parent families 6

Persons with addiction related problems 3 Supporting access to/provision of local services 6 Persons with a learning difficulty 4 Community representation 4 Persons with a mental difficulty 3 Local and Community Development 3 Persons with a physical difficulty 2 Persons facing poverty 7 Employment Support 3 Residents/tenants 8 Provision of Information and Advice 3 Unemployed 5

Youths 5 Estate Management 3 Other 8 Family Support/Outreach 3 Education and training 2 Eight organisations identified Residents/tenants as a target group; Seven identified Persons facing poverty, while Support to housing tenants 1 six community organisations listed One Parent Families as a target group. Eight community organisations ticked Homelessness 1 the ‘Other’ option in response to this question, with six of these eight respondents stating that their target group included all adults/persons/residents living in named area. ‘Disadvantaged Community’ and ‘Domestic Violence’ were also identified as target groups or focus under the Other category. Consultation Findings 5

This section of the report presents the findings from both strands of the consultation process. The findings are presented under the following broad themes: 1. Legal needs of Regeneration Communities. 2. Obstacles to accessing legal services. 3. Options for provision of legal services in Regeneration Communities.

11 12 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Legal Needs of Regeneration Communities 5.1 Education 4 The need for information on education rights and access to education, with specific reference to children Legal Issues 5.1.1 with special needs. 4 Rates of early school leaving. In the facilitated focus groups, community residents were asked to identify the areas of law, from the following 4 Children attending schools outside of the community. list, where they believe the greatest needs lie: 4 Housing matters – Local Authority and private. Employment 4 Family/child related matters. 4 Lack of employment opportunities, in particular for local residents arising from the Regeneration Process. 4 Debt/finance related matters. 4 Employment. Regeneration Programme and Housing 4 Equality/discrimination. 4 Perceived lack of consultation and information about the Regeneration Programme, and in particular 4 Goods and services/consumer rights. where people may be moved to, and who would be moving into newly built houses. 4 Education matters. 4 Expression of trust and uncertainty issues about Regeneration Programme. 4 Social welfare matters. 4 Problems with pollution, sewerage and waste. 4 Lack of new building following demolition of houses. In terms of specific legal needs, housing matters emerged as the primary area of concern for community residents 4 Prevalence of abandoned and boarded up houses. across all four focus groups. Specific legal issues or areas of need raised in relation to housing matters during the focus group discussions included: 4 Lack of maintenance for long-term residents. 4 Housing rights in general. 4 Poor heating systems. 4 Housing rights for homeowners. 4 Lack of information about housing law in general. Other 4 Lack of legal advice about housing issues and concerns. 4 Lack of facilities for young people. 4 Legal rights in terms of Compulsory Purchase Orders (CPOs). 4 The need for information on equality issues. 4 Lack of availability of house insurance, with specific reference to flood risk. 4 Poor relationship with Local Authority. 4 Vendors’ rights. 4 Belief that residents have no voice.

Other individual concerns and needs were raised by participants in the facilitated community focus groups. These Issues/Challenges Encountered by Clients/Target Groups 5.1.2 issues crossed a number of areas. While legal issues were not specifically raised, that is not to say that these areas of concern could not have legal implications or be addressed through legal routes. Some of the points raised The survey of community organisations also sought to identify the type of issues/challenges experienced by their by the focus group participants refer to a lack of legal information about specific issues, while others relate to clients/target groups. Survey respondents were asked to select, from a list of 10 broad thematic areas, the types broader social and economic issues at play in the community. Ongoing dissatisfaction with the outcomes from of issues and practical problems encountered by their clients/target groups. Figure 3 below lists the ten thematic the Regeneration Programme to date, and in particular continuing poor housing conditions, was a prominent areas from the survey in ascending order in terms of the number of community organisations who selected issues theme in all the focus group discussions. Specific areas and needs highlighted included: within each one. As the chart shows, 15 out of the 16 community organisations who responded to the survey reported that their clients/target groups experience housing and property-related issues. The next most common areas are child-related issues, criminal matters, and other matters4, followed by family matters, health, and credit Anti-Social Behaviour and debt issues. Only two respondents reported that their clients/target group experience immigration issues. 4 Anti-social behaviour and how to address it 4 Lack of Gardaí, lack of access to Gardaí and the importance of working with local Gardaí.

4 This included issues such as: access to legal services; accessing personal information, court accompaniment, insurance issues etc. See Appendix 2 for further detail.

13 14 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Figure 3: Issues/Challenges Encountered by Clients/Target Groups – Thematic Areas Issues concerning local authority housing and anti-social behaviour generated the most responses, followed by (No. of survey respondents) issues relating to social welfare entitlements, maintenance, accommodation, information on health entitlements, and access to legal services in general.

Immigration 2 (A full list of all issues within each thematic area, and the number of survey respondents who selected each is included in Discrimination 0 Appendix 2). Employment 4

Family Matters 11 Health 11 Legal Rights, Entitlements and Services 5.1.3 Credit and Debt 12

Child-related 14

Criminal Matters 14 Community organisations responding to the questionnaire reported a low level of awareness of legal rights and

other 14 entitlements among their clients/target group. As shown in Figure 4 below, just under half of the 16 respondents Property/Housing Matters 15 described levels of awareness as ‘not good’, while another six respondents referred to it as ‘mediocre’. One organisation ticked ‘Other’ and commented that some within the community would have an excellent understanding of the legal system and their rights within it, whereas this would not be the case for others. Within each of the above areas, further specific issues were listed. Respondents were also asked to identify if their clients/target groups experience any of these more specific issues. Table 3 below lists the most common specific issues (i.e. selected by more than half of survey respondents) that are being encountered by clients/ Figure 4: Levels of Awareness of Legal Rights and Entitlements among Clients/Target Groups target groups of the community organisations who responded to the survey. (No. of survey respondents)

Table 3: Issues/Challenges Encountered by Clients/Target Groups – Specific Issues Other 1 Specific Issue Thematic Area No. of Survey Respondents Not good 7 1 Very good Local authority housing Property/housing matters 15 Noisy/anti-social neighbours Criminal matters 14 1 Good Anti-social behaviour Property/housing matters 14 Social welfare entitlements Other matters 12 Maintenance Child-related 11 6 Mediocre Renting accommodation (and repairs) Property/housing matters 11 Information on health entitlements Health 11 Access to legal services Other matters 11 Meanwhile, the need for legal advice and information to be made available to the community was raised by the Domestic violence Criminal matters 10 participants in the focus groups in all 4 locations, specifically information concerning: Homelessness Property/housing matters 10 4 Legal rights in general. Child access and guardianship Child-related 9 4 Legal rights in relation to specific issues, such as housing, vendors’ rights, consumer rights, employment, Buying/ownership of property Property/housing matters 9 social welfare, family, education, and Compulsory Purchase Orders. Debt letters Credit and debt 8 4 How the legal and courts system work. Fines Credit and debt 8 4 How to deal with anti-social behaviour. Domestic violence Family matters 8 As reported in one focus group, if community residents had access to the type of information and advice listed above, as well as access to legal representation, “they would have a better chance of being heard and could back up their arguments”.

15 16 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Likewise, community organisations were also asked if they ever had a need for legal services for their own Community organisations responding to the survey were also asked if they provide: purposes. 10 out of the 16 respondents reported that they did, with employment issues, governance, and i. Information on legal rights and entitlements; property issues being cited as the main reasons for needing legal services. 50% (eight) stated that they had previously sought legal advice for legal problems that they had encountered. When asked to comment on the ii. Advocacy services on behalf of clients/people in their area; availability of information for legal issues, seven of these eight respondents described it as either readily available iii. Legal advice; or somewhat available, with 2 respondents commenting that the service was provided pro bono. iv. Legal representation; and v. Referrals to other services. Figure 5: Availability of Legal Information to Community Organisations (No. of Survey Respondents) As Figure 7 shows, all 16 respondents reported that they provide advocacy services on behalf of their clients. Some Readily Available 4 respondents elaborated on this and explained that they represent their clients/target groups in other structures Somewhat Available 3 or liaise with service providers on their behalf. Just over half of all respondents (nine) provide information on legal Don’t Know 1 rights and entitlements.

Existing Service Provision 5.1.4 Figure 7: Provision of Services (No. of survey respondents)

Although the community organisations who had responded to the questionnaire had largely stated that legal Information on legal rights and entitlements 9 information was either readily or somewhat available to them, they were not so positive in terms of the availability Advocacy 16 Legal Advice of legal services to their clients/target groups, as highlighted in Figure 6. According to the survey, only two 1 Legal Representation 0 community organisations rated the availability of legal services to their clients/target groups as ‘good’. Three Referrals 14 rated it as ‘mediocre’, five as ‘not good’, while another two described it as ‘very bad’. Those in the ‘other’ category were also critical of the availability of legal services, with 2 adding a further comment that legal services do not exist; another stated that legal services were not community-based, while a fourth respondent added legal Only one respondent reported that they provide legal advice, while none provide legal representation, although services were ‘”fine if you could afford it’”. one respondent stated that they provide written character references for people attending court. These findings mirror the discussions in the focus groups, as the following comments made in two different focus However, 14 of the 16 respondents (88%) stated that they refer clients/people within their area to other service groups illustrate: providers for legal or other advice, with FLAC (Free Legal Aid Centre) being the most common, as highlighted below: 4 “...the service is very badly needed”. 4 FLAC (Free Legal Aid Centre) – 12 respondents. 4 “The community are not being listened to – they need someone to speak on their behalf. They would 4 Private solicitor – Seven respondents. really benefit from legal clinics”. 4 Mediator/Arbitrator – Two respondents. 4 Legal Aid board – Two respondents. Figure 6: Availability of Legal Services to Clients/Target Groups (No. of Survey Respondents) 4 Criminal Legal Aid Solicitor – Two respondents.

Good 2 4 Other Legal Advisor – Two respondents.

Mediocre 3

Not Good 5

Very Bad 2 A lack of legal knowledge and expertise by the community organisation was the primary reason given by the

Other 4 survey respondents as to why they referred clients to the above service providers. As one respondent wrote: “It is most important that clear concise advice/support is given as we do not always have the necessary expertise to deal with the issues. We refer onto those who have the most up-to-date information”. The fact that some of the services are free was also highlighted by survey respondents as to why they made the referrals. Again, mirroring the findings in Figure 3 and Table 3 above, survey respondents stated that the referrals related to housing, property, family, and social welfare issues. Meanwhile, all 16 respondents to the community organisations’ survey reported that they would like more support in the area of law.

17 18 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Obstacles to Accessing Legal Services 5.2 Table 4: Perceived Barriers to Accessing Legal Information and Advice6

Barrier - in descending order of importance Ranking In each focus group, residents were asked to identify possible barriers to accessing legal services. Four main barriers were identified: Cost 1 Lack of awareness that a legal issue exists 2 1. Cost. Fear 3 2. Lack of knowledge, information, understanding. Belief that he or she would not be successful 4 3. Fear. Belief that it would not make a difference 5 4. Time. Belief that he or she would not be taken seriously 6 Intimidation 7 The most commonly cited barrier to accessing legal services was cost. This included initial costs, as well as concerns about possible hidden costs and future costs should legal proceedings take longer than planned. In Literacy 8 one focus group, the point was made that people may be unwilling to incur the cost of legal services in respect Perceived complexities 9 of an issue that is not their fault. Delay 10 Lack of knowledge, information, and understanding also emerged as an obstacle to accessing legal services. This Culture 11 included not knowing where to go for advice, in particular, free legal advice; not understanding how the legal process works; and lacking the ability to “put [a] case across to [a] solicitor”. Distance/location 12 Fear and a sense of intimidation were also identified as obstacles in all four focus groups, specifically: Childcare * - 4 Fear of being removed from Local Authority housing list after “speaking out”. Exclusion * - 4 Fear of repercussions arising from speaking out about criminality in the area. Inaccessibility to the disabled * - 4 Fear about a lack of confidentiality. Inconvenient opening and closing times * - Transport * - 4 Feeling intimidated by the legal process. Other * -

Finally, issues related to time were identified as barriers – more generally in terms of the length of time legal (* These barriers did not rank in the top 5 in any returned questionnaire and so have been excluded from the scoring). proceedings can take, but also the time required for a legal consultation. The queues in Legal Aid offices, with no guarantee of seeing a solicitor, were highlighted in one focus group discussion. Options for Provision of Legal Services in Regeneration Communities 5.3 The findings from the focus group discussions were reflected in the community organisations’ survey. Survey respondents were presented with a list of possible barriers to accessing good legal advice and information in Limerick and asked to rank them in terms of importance. The top five barriers were extracted from each Residents participating in the facilitated focus groups were asked for suggestions on how a community legal response in order to calculate an overall ranking for each potential barrier5. Table 4 below lists these barriers service could or should be delivered. Numerous suggestions were put forward. However, the most common in terms of descending order of importance. Mirroring the focus group discussion, cost emerged as the most suggestions or themes were: significant barrier to accessing legal advice and information, followed by a lack of awareness that a legal issue 1. A community-based service or clinic. exists. Fear emerged as the third most important factor. A belief that he or she would not be successful, that legal 2. Provision of a one-to-one service as well as group settings/talks with a solicitor, particularly in relation advice would not make a difference, or that he or she would not be taken seriously also ranked relatively highly in to specific topics, e.g. family law, social welfare, Compulsory Purchase Orders etc. was also highlighted comparison to other possible barriers. during the discussions. 3. Options of a drop-in service and an appointment-based service. 4. Reliable and easily accessible opening hours – i.e. open on a regular basis, open during the day, and also in the evening times to facilitate people who work during the day.

5 On each returned questionnaire, each barrier which received a ranking of 1 (i.e. most important) was given a score of 5; the barrier which received a ranking of 2 (i.e. 2nd most important barrier) was given a score of 4, and so on. The scores for each barrier across all 6 The rankings are based on the responses from 12 returned questionnaires. 4 questionnaires were excluded from the analysis as questionnaires were added together. The higher the total score, the higher the overall ranking for the barrier. respondents did not rank the barriers.

19 20 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. The importance of advertising the service was also raised during the discussions. It was suggested that information Table 7: New Legal Service Clinic – Opening Times and Format - Combined Approaches about the service should be distributed “door-to-door”, and that advertising, particularly through the radio, would also help to get the information about the service out to the community. Opening Times/Format No. of Survey Respondents Community organisations were also asked in the survey about their suggestions for improving legal services in Open-door policy and referral-based appointments 2 their area and for possible venues for a legal advice clinic. The responses to this question clearly reveal a demand Open-door policy; referral-based appointments; mornings; and evenings 2 for a free, accessible, community-based service, with flexible opening times where people can access advice in Afternoons and Evenings 1 confidence. This service should also be accompanied by awareness-raising activities (so people know the service exists) and should include the delivery of information sessions on various legal topics. Open-door policy; mornings 1 Open-door policy; referral-based appointments; and afternoons 1 In respect of possible venues for the service, the overwhelming response was that it should be provided in an existing community centre where a number of other services are also provided. This would ensure that the service Mornings and evenings 1 is accessible, and by having it alongside other services would mean that it would not necessarily be obvious to others that the legal service is being accessed, thereby respecting confidentiality. The questionnaire presented a number of possible options in terms of the timetable under which the new centre Mediation 5.3.1 should operate. The most favoured approached is an ‘open-door’ policy in each area for a couple of hours per week or fortnight, as highlighted in Table 5. Nine out of the 16 respondents selected this as a possible opening Participants in the focus groups were also asked if they saw Mediation as an option for resolving issues in the time and approach. community. In general, the idea of a mediation service received a positive albeit cautious response. Participants stated that they would need more information or education/training on how it works, but if this was provided, Table 5: New Legal Service Clinic – Preferred Opening Times and Format and if other agencies engaged with the process, there was a general perception that it would help in certain types of disputes. The fact that it was low cost, private, non-legal, and saved time was highlighted as an advantage of Opening Times/Format No. of Survey Respondents using a mediation service. However, on the other hand, the need to be able to trust the mediation process, the Open-door policy in each area – a couple of hours per week/fortnight 9 need for an independent body, and the need for people and agencies to be held accountable were also identified as being critical to a mediation process. Referral-based appointments from other agencies 5 14 of the 16 community organisations who responded to the survey also stated that they believed that their Mornings 5 clients/target groups would be interested in trying mediation as a means to resolving a legal problem or dispute. Afternoons 2

Evenings 5 Legal Education 5.3.2

However, the data also reveals that no single opening time/format on its own appears to be particularly favoured, as 15 out of the 16 respondents to the community organisations questionnaire stated that they believe that their shown in Table 6. Only five respondents selected just one approach, while eight respondents favoured a combination clients/target groups would be interested in attending awareness-raising or legal education talks in the community. of approaches as highlighted in Table 7, although again, no one approach was heavily favoured over another. This Figure 8 shows the areas/topics which would be popular as gauged by the number of community organisations would indicate that alternating approaches to opening times and format would be the preferred choice. who selected each as topics for community talks that would attract interest among clients/target groups. Again, housing issues emerged as one of the most popular topics, along with child and family-related issues. Table 6: New Legal Service Clinic – Opening Times and Format (Where only one option was chosen)

Opening Times/Format No. of Survey Respondents Figure 8: Interest in specific awareness-raising or legal education talks (No. of survey responses) Open-door policy in each area – a couple of hours per week/fortnight 3 Equality 1 Referral-based appointments from other agencies 0 Other 2 Separation and Divorce 6 Mornings 1 Information on the Irish Legal System 7 Afternoons 0 Legal Aid 7 Evenings 1 Employment 8 Accessing Social Welfare 12

Child and family-related Issues 14

Housing/Tenancy Issues 14

21 22 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Conclusions and Recommendations 6 Both the community focus groups and the survey of community organisations confirmed that there is a lack of awareness and knowledge among community residents about their legal rights and entitlements. In fact, 13 This consultation process set out to answer three specific questions which will inform the delivery of a community out of the 16 respondents to the community organisation questionnaire described the level of knowledge and law service in Limerick’s Regeneration communities. Specifically, it sought to identify: awareness in respect of legal rights within the community as either ‘not good’ or ‘mediocre’. 1. The legal needs of the communities in terms of areas of law. Not surprisingly, the need for legal advice and information to be made available to the community was strongly recognised in the focus groups and the community organisation survey. The availability of legal services to the 2. The views of the community in relation to the obstacles to accessing legal services. community up to this point was described as either ‘mediocre’, ‘not good’, or ‘very bad’ by almost two-thirds of 3. The views of the community regarding the types of legal services needed. the survey respondents. The majority of community organisations who responded to the survey confirmed that they refer their clients to other service providers if they need legal advice, with the majority of referrals being made to FLAC or to private The findings of the consultation process demonstrate that there is a significant unmet legal need in Limerick and solicitors. A lack of legal knowledge and expertise on their own part was the main reason why they referred clients support the case for greater access to legal services in order to ensure equal access to justice. onto others. All respondents to the survey stated that they would like more support in terms of legal matters. The right of access to justice is accepted as a constitutional principle and a right under the European Convention of Human Rights. However, in practice, significant difficulties remain for a large sector of the population in accessing the courts or accessing legal advice.7 The current system of public civil legal aid in Ireland has its Obstacles to accessing legal services limitations. Introduced in 1979, partly in response to the decision of the European Court of Human Rights in Airey Both the focus groups and the community organisation survey identified cost as the primary obstacle to 8 v Ireland, the Legal Aid Board predominantly deals with family law issues in spite of its broader remit. Other areas accessing legal services, followed by a lack of knowledge about legal services and the legal system. Fear about of law such as appeals before the Social Welfare Appeals Office and the Employment Appeals Tribunal are not the consequences of accessing legal services was also identified as a significant barrier. covered by the civil legal aid scheme. The system is currently hindered by lengthy delays. These limitations place significant barriers on the right of access to justice. In order for justice to be truly accessible to all sectors of the community, access to justice requires a community- Recommendations for provision of legal services in the community orientated approach encompassing the needs of marginalised groups often left without a platform to voice their The participants in the consultation process made a number of recommendations in relation to the provision of needs.9 This is the role played by independent community law centres. Community law centres aim to make the legal services in the community: law accessible to the local communities they serve by providing legal services that reflect the issues affecting 1. A legal service that is based in an accessible location within a community setting, preferably alongside people living and working in the area; by providing information on legal rights and entitlements and on how the other services is the preferred option for a legal service in Regeneration communities, with the service legal system works; and by campaigning on relevant areas such as housing, welfare or the environment. itself being provided through a variety of formats, including: 4 A one-to-one service. Legal needs 4 Group-based clinics and talks. In terms of legal needs, housing and property-related matters is the primary area of concern for residents who 4 Appointment and referral based system. participated in the community focus groups. This finding was also confirmed by the survey of community organisations where almost all respondents reported that their clients/target group had encountered difficulties 4 Drop-in service. in this area. Child-related issues, criminal matters, anti-social behaviour, and social welfare entitlements also 4 Flexible or alternating opening times. emerged as areas in which the clients/target groups of the survey respondents are experiencing challenges, and 2. The fact that the service is available needs to be promoted and advertised widely in the communities. which might benefit from access to a legal service. 3. The idea of a mediation service received a positive but cautious response from survey respondents and Participants in the community focus groups however also spoke strongly about other broader concerns, which focus group participants, with most welcoming the service but recognising that more information about while not necessarily identifying specific legal issues, may benefit from legal services and advice. In particular, how the service would work would have to be provided first. dissatisfaction with the progress of the Regeneration Programme to date emerged as a common theme during the focus group discussions. 4. Finally, the possibility of legal information, awareness-raising, and education talks in the community was welcomed, with talks concerning housing, family, and social welfare matters being identified as possibly being the most popular topics for such talks.

7 Voluntary Assistance Scheme of the Bar Council of Ireland, Annual Report 2011.

8 Airey v. Ireland (1979) 2 E.H.R.R. 305.

9 Civil Legal Aid in Ireland- Forty Years On, FLAC, 2009.

23 24 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Appendix 1: Socio-Economic and Demographic Profile of Consultation Areas 4 The unemployment rate14 for the Ballynanty ED is 47%. For males, it is 54%, while for females, it is 40%. 4 8.5% of the Ballynanty ED population are in the Professional Social Class grouping (i.e. professional, This section provides a brief socio-economic and demographic overview of the geographic areas included in the managerial and technical workers), while 20% are in the Unskilled/Semi-skilled Social Class group. consultation process for this report. The profiles are based on Electoral Division (ED) data from the 2011 Census 4 23% of the population in the Ballynanty ED have a disability. (unless stated otherwise). Electoral Divisions are the smallest legally defined administrative areas in the State. 4 94% of the population describe themselves as ‘White Irish’. The following table lists the EDs included in each community profile: 4 52% of households have a personal computer, while 47% of households have access to broadband. Community Electoral Divisions 4 The 2011 HP Relative Deprivation Index15 score for the Ballynanty ED is -21.2. This means that the ED is Moyross Ballynanty classified as ‘very disadvantaged’ relative to all other EDs in the country. In fact, the score is the 7th lowest St. Mary’s/Kings Island John’s A, John’s B, John’s C score (i.e. 7th most disadvantaged ED) in the country. Ballinacurra Weston Prospect A, Prospect B, Prospect C Southill Galvone B, Rathbane St. Mary’s16 – John’s A, John’s B, and John’s CEDs 4 The 2011 Census of Population showed that the total population for the St. Mary’s area was 2,207. This represents a fall of 18% from the previous Census in 2006 and a fall of 20% from the 2002 Census. Moyross – Ballynanty ED 4 There are 886 households in the St. Mary’s area, of which 27% comprise of homes rented from the 4 The 2011 Census of Population showed that the total population within the Ballynanty ED was 2,918. Local Authority. 48% are owner occupied. 11% are owner occupied with a mortgage; 37% are owner This represents a fall of 16% from the previous Census in 2006 and a fall of 29% from the 2002 Census. occupied without a mortgage. 19% are privately rented. 4 There are 1,081 households in the Ballynanty ED, of which 41% comprise of homes rented from the 4 The age profile of the community is as follows: Local Authority. 47% are owner occupied. 14% owner occupied with a mortgage; 33% are owner Age Group Number % occupied without a mortgage. 8% are rented privately. Under 15 years 414 19% 4 The age profile of the community is as follows: 15 – 24 years 308 14% Age Group Number % 25 – 44 years 561 25% Under 15 years 672 23% 45 – 64 years 551 25% 15 – 24 years 499 17% 65+ years 373 17% 25 – 44 years 724 25% 45 – 64 years 761 26% 4 The Age Dependency Ratio is 55%; the young dependency ratio is 29%; and the old dependency ratio is 26%. 65+ years 262 9% 4 64% of family units (where at least one child is aged under 15 years) in the St. Mary’s area are lone parent 4 The Age Dependency Ratio10 is 47%; the young dependency ratio11 is 34%; and the old dependency households. ratio12 is 13%. 4 37% of the population in the St. Mary’s area (over the age of 15) have left education with a primary 4 64% of family units (where at least one child is under the age of 15) in the Ballynanty ED are lone parent education only or with no formal education; while 12% have a third level education. households13. 4 The unemployment rate for the St. Mary’s area is 45%. For males, it is 49%, while for females, it is 40%. 4 36% of the population in Ballynanty (over the age of 15) have left education with a primary education only or with no formal education; while just 6% have a third level education. 14 The unemployment rate is calculated as follows: the number of people unemployed or looking for first regular job as a percentage of the total number of people at work, unemployed, or looking for first regular job.

15 The 2011 Pobal HP Deprivation Index (Haase and Pratschke, 2012; http://trutzhaase.eu/deprivation-index/overview/) is a method 10 The ratio of the population under 15 years of age and over 65 years to the population of working age. of measuring the relative affluence or disadvantage of a particular geographical area using selected Census variables, including: population change, age dependency ratio, lone parent ratio, primary education only, third level education, unemployment rate (male 11 The ratio of the population under 15 years of age to the population of working age. and female), proportion living in local authority rented housing, proportion of households headed by professional, managerial, or technical employees, proportion of households headed by semi-skilled or unskilled manual workers. A numeric score is given which 12 The ratio of the population over 65 years of age to the population of working age. enables areas to be categorised within a relative deprivation scale which ranges from extremely disadvantaged to extremely affluent. This numeric score enables the level of affluence of deprivation of an area to be assessed relative to all other areas in the country. 13 The lone parent rate is based on the number of lone parent family units where at least one child is under the age of 15 calculated as a percentage of all family units where at least one child is under the age of 15. 16 For the purposes of this report, St. Mary’s refers to the Kings Island area.

25 26 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. 4 11% of the population in the St. Mary’s area are in the Professional Social Class grouping (i.e. professional, Ballinacurra Weston – Prospect A, Prospect B, Glentworth C EDs managerial and technical workers), while 21% are in the Unskilled/Semi-skilled Social Class group. 4 The 2011 Census of Population showed that the total population for the Ballinacurra Weston area was 4 23% of the population in the St. Mary’s area have a disability. 2,314. This represents a fall of 11% from the previous Census in 2006 and a fall of 14% from the 2002 Census. 4 89% of the population describe themselves as ‘White Irish’. 4 There are 943 households in the Ballinacurra Weston area, of which 20% comprise of homes rented 4 45% of households have a personal computer, while 38% of households have access to broadband. from the Local Authority. 55% are owner occupied. 18% are owner occupied with a mortgage; 37% are 4 The 2011 HP Relative Deprivation Index score and classification for the 3 EDs in the St. Mary’s area owner occupied without a mortgage. 18% are privately rented. are: John’s A: -28.5, very disadvantaged; John’s B: -16.9, disadvantaged; John’s C: -5.2, marginally below 4 The age profile of the community is as follows: average. John’s A has the lowest score in the country, making it the most disadvantaged ED relative to all other EDs nationally. Age Group Number % Under 15 years 365 16% Southill – Galvone B and Rathbane EDs 15 – 24 years 586 25% 4 The 2011 Census of Population showed that the total population for the Southill area was 2,445. This 25 – 44 years 508 22% represents a fall of 25% from the previous Census in 2006 and a fall of 39% from the 2002 Census. 45 – 64 years 561 24% 4 There are 924 households in the Southill area, of which 34% comprise of homes rented from the 65+ years 294 13% Local Authority. 56% are owner occupied. 16% are owner occupied with a mortgage; 40% are owner occupied without a mortgage. 7% are privately rented. 4 The Age Dependency Ratio is 40%; the young dependency ratio is 22%; and the old dependency ratio is 4 The age profile of the community is as follows: 18%.

Age Group Number % 4 69% of family units (where at least one child is aged under 15 years) in the Ballinacurra Weston area are lone parent households. Under 15 years 540 22% 15 – 24 years 362 15% 4 42% of the population in the Ballinacurra Weston area (over the age of 15) have left education with a primary education only or with no formal education; while 8% have a third level education. 25 – 44 years 629 26% 4 The unemployment rate for the Ballinacurra Weston area is 44%. For males, it is 53%, while for females, it 45 – 64 years 570 23% is 34%. 65+ years 344 14% 4 9% of the population in the Ballinacurra Weston area are in the Professional Social Class grouping (i.e. professional, managerial and technical workers), while 22% are in the Unskilled/Semi-skilled Social Class 4 The Age Dependency Ratio is 57%; the young dependency ratio is 35%; and the old dependency ratio is group. 22%. 4 24% of the population in the Ballinacurra Weston area have a disability. 4 47% of family units (where at least one child is aged under 15 years) in the Southill area are lone parent 4 93% of the population describe themselves as ‘White Irish’. households. 4 45% of households have a personal computer, while 43% of households have access to broadband. 4 41% of the population in the Southill area (over the age of 15) have left education with a primary education only or with no formal education; while 6% have a third level education. 4 The 2011 HP Relative Deprivation Index score and classification for the 3 EDs in the Ballinacurra Weston area are: Prospect A: -18.9, disadvantaged; Prospect B: -18.1, disadvantaged; and Glentworth C: -20.8, very 4 The unemployment rate for the Southill area is 50%. For males, it is 56%, while for females, it is 42%. disadvantaged. The Glentworth C score makes the ED the 8th most disadvantaged ED in the country. 4 7% of the population in the Southill area are in the Professional Social Class grouping (i.e. professional, managerial and technical workers), while 23% are in the Unskilled/Semi-skilled Social Class group. For comparative purposes, the corresponding statistics for Limerick City as a whole and the State are 4 25% of the population in the Southill area have a disability. now included: 4 93% of the population describe themselves as ‘White Irish’. 4 50% of households have a personal computer, while 45% of households have access to broadband. 4 The 2011 HP Relative Deprivation Index score and classification for the 2 EDs in the Southill area are: Galvone B: -26.6, very disadvantaged; and Rathbane: -20.6, very disadvantaged; making the 2 EDs the 2nd and 10th most disadvantaged EDs in the country respectively.

27 28 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Limerick City State 4 The 2011 Census of Population showed that the total population for Limerick City was 57,106. This 4 The 2011 Census of Population showed that the total population for the State was 4,588,252. This represents a fall of 4.5% from the previous Census in 2006 and a fall of 6.3% from the 2002 Census. represents an increase of 8% from the previous Census in 2006 and an increase of 17% from the 2002 Census. 4 There are 22,300 households in Limerick City, of which 12% comprise of homes rented from the Local Authority. 59% are owner occupied. 25% are owner occupied with a mortgage; 34% are owner 4 There are 1,649,408 households in the State, of which 8% comprise of homes rented from the Local occupied without a mortgage. 24% are privately rented. Authority. 69.7% are owner occupied. 35.3% are owner occupied with a mortgage; 34.4% are owner occupied without a mortgage. 18.5% are privately rented. 4 The age profile in Limerick City is as follows: 4 The age profile in the State is as follows: Age Group Number % Under 15 years 10,231 18% Age Group Number % 15 – 24 years 9,057 16% Under 15 years 979,590 21.35% 25 – 44 years 17,395 30% 15 – 24 years 580,250 12.65% 45 – 64 years 12,902 23% 25 – 44 years 1,450,007 31.6% 65+ years 7,521 13% 45 – 64 years 1,042,879 22.73% 65+ years 535,393 11.67% 4 The Age Dependency Ratio is 45%; the young dependency ratio is 26%; and the old dependency ratio is 19%. 4 The Age Dependency Ratio is 49%; the young dependency ratio is 32%; and the old dependency ratio is 17%. 4 37.5% of family units (where at least one child is aged under 15 years) in Limerick City are lone parent households. 4 21.6% of family units (where at least one child is aged under 15 years) in the State are lone parent households. 4 20% of the population in Limerick City (over the age of 15) have left education with a primary education only or with no formal education; while 23% have a third level education. 4 16% of the population in the State (over the age of 15) have left education with a primary education only or with no formal education; while 30% have a third level education. 4 The unemployment rate for Limerick City is 28.6%. For males, it is 32.7%, while for females, it is 23.7%. 4 The unemployment rate for the State is 19%. For males, it is 22%, while for females, it is 15%. 4 23% of the population in Limerick City are in the Professional Social Class grouping (i.e. professional, managerial and technical workers), while 17% are in the Unskilled/Semi-skilled Social Class group. 4 35% of the population in the State are in the Professional Social Class grouping (i.e. professional, managerial and technical workers), while 14% are in the Unskilled/Semi-skilled Social Class group. 4 18% of the population in Limerick City have a disability. 4 13% of the population in the State have a disability. 4 84% of the population describe themselves as ‘White Irish’. 4 84% of the population describe themselves as ‘White Irish’. 4 65% of households have a personal computer, while 59% of households have access to broadband. 4 73% of households in the State have a personal computer, while 64% of households have access to 4 The overall 2011 HP Relative Deprivation Index score for Limerick City is -6.7 which makes it ‘marginally broadband. below average’.

29 30 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick. Appendix 2: Issues/Challenges – Specific Issues encountered by clients/target Area Issue No. of Survey Respondents groups of community organisations Divorce/Separation including foreign divorce 6 Family mediation 6 Domestic violence 8 Area Issue No. of Survey Respondents Family matters: Adoption 0 Maintenance Order 5 Child Access and Guardianship 9 Wardship 3 Child Abduction 0 Other 1 Child-related: Child Care and playgrounds 4 Asylum 0 Child Custody 9 Family Reunification 1 Immigration: Maintenance 11 Citizenship 2 Other 6 Other 0 Consumer credit 5 Buying/ownership of property 9 Debt letters 8 Homelessness 10 Credit and debt: Fines 8 Local authority housing 15 Imprisonment for debt 2 Property/ Inheritance: wills, probate 5 Other 2 housing matters: Planning Permission 4 Barring/Safety/Restraining orders 5 Renting accommodation (and repairs) 11 Domestic violence 10 Anti-social behaviour 14 Harassment 8 Other 5 Noisy/anti-social neighbours 14 Harassment at work 4 Offences against the person 3 Unfair dismissal 4 Criminal matters: Prison issues and review 4 Employment: Work permits 2 Public order offences including loitering 6 Employment entitlements 7 Theft 2 Other 0 Unfair treatment by Gardaí 4 Mental health treatment 5 Youth crime 7 Personal injury/negligence 0 Other 0 Health: Complaints about health system 4 Age 1 Information on health entitlements 11 Disability 0 Other 0 Family Status 4 Access to legal services 11 Gender 0 Accessing personal information 7 Marital Status 1 Court accompaniment 6 Discrimination: Membership of Traveller Community 5 Insurance related issues 5 Other matters: Race 2 Neighbourhood mediation 5 Religion 1 Social welfare entitlements 12 Sexual orientation 1 Power of attorney 2 Other 2 Other 1

31 32 Limerick Community Law & Mediation Centre: Community Consultation Report - Unmet Legal Need in Limerick.