26 Justice Issues Paper 26 • June 2017 • ISSN 1834-7266 Need for legal assistance services: developing a measure for Australia Catriona Mirrlees-Black and Sarah Randell1 Abstract: In Australia, legal assistance services – such as legal aid commissions and community legal centres – provide free or subsidised legal advice, primarily to people on low incomes. Surveys show that on average about half the population experiences a legal problem each year, so potential demand for these services is high. In the context of restricted funding, there is increased interest in targeting services to those in greatest need. The challenge is in identifying these individuals and where they live so that services can be designed appropriately to meet their needs. This paper describes the development of the Foundation’s Need for Legal Assistance (NLAS) indicator which uses census data to assess potential demand by geographic location. It provides a count of the number of people who are most likely to need public legal assistance services if they were to experience a legal problem. 1 This work was funded with a grant from the Australian Government’s Attorney General’s Department and uses census data provided under Creative Commons licence by the Australian Bureau of Statistics. TABLE 1: PREVALENCE OF LEGAL PROBLEMS What is legal need? IN AUSTRALIA: ESTIMATES FROM THE Legal problems can be defined as disputes for which LAW SURVEY there is potentially a legal resolution. They can Groups % range from the relatively minor to those that can All people aged 15 and over 50.0 have a considerable impact, such as eviction from Financially disadvantaged – personal income 45.7 housing or unfair dismissal from a job. But not every People with low education 43.2 problem necessarily requires a legal solution and not everyone who experiences a problem will require Unemployed people 63.5 legal assistance. Single parents 69.3 People 65 and over 30.7 In Australia, organisations which provide legal assistance, such as legal aid commissions and People with a disability 61.0 community legal centres, provide free or subsidised Indigenous Australians 54.4 legal information, advice and representation Culturally and linguistically diverse (CALD) people 42.9 services. In general, services other than the provision Residing in an outer regional/remote area 49.7 of information are targeted at, and indeed may Source: Coumarelos et al 2012 only be available to, the most disadvantaged. While Notes: The prevalence is the percentage of respondents every person who experiences a legal problem that reporting experiencing one or more of 129 types of legal problem requires legal assistance to resolve can be said to in the previous year. The sample for the LAW Survey was 20,716 have legal need, for the purpose of planning legal persons aged 15 and over. The findings here are based on a sample weighted to be representative of Australia. assistance services a further requirement is that they do not have the financial resources to engage a private lawyer. any action in response to their legal problems (McDonald & Wei 2016). And while this may Experiencing a legal problem sometimes be the most appropriate response, an On average, according to the Legal Australia-Wide unresolved problem can cause ongoing hardship and (LAW) Survey, about half the population aged 15 may increase vulnerability to further problems such and over experiences a legal problem each year as debt. Disadvantaged people are also likely to lack (Coumarelos et al 2012). However, the figure rises the financial resources to engage a private lawyer so for certain disadvantaged groups (such as single are dependent on free or subsidised services should parents and people with disabilities) and increases they need legal assistance. further for those with multiple disadvantage Legal needs research has consistently highlighted (McDonald & Wei 2013). Table 1 indicates the that some people are less capable of managing legal proportion of population groups experiencing at problems themselves (McDonald & Wei 2016). Legal least one legal problem per year in Australia, as capability is defined as the personal characteristics estimated by the LAW Survey. or competencies necessary for an individual to The impact of legal problems resolve legal problems effectively (Coumarelos et al 2012). It generally comprises capabilities across a The impact of legal problems also varies number of domains including sufficient cognitive, considerably according to personal circumstances. communication and literacy skills to successfully For instance, a consumer rights problem can have seek and obtain legal information or assistance a major impact on a person with limited financial (Pleasence et al 2014). Legal assistance services resources. Disadvantaged people are more likely generally focus on people with low capability as to experience problems that have a substantial these people may, for instance, lack the personal impact on their lives. Respondents with six or more capability to use self-help services effectively. indicators of disadvantage had, on average, 6.5 times as many legal problems and 7.5 times as many Given that the experience of legal problems is so substantial legal problems, compared to respondents widespread, and not everyone will require or prefer that had no indicators of disadvantage (McDonald & a legal response, an alternative approach to service Wei 2013). planning is to focus on identifying who is most likely to need access to legal assistance services once a Needing assistance to resolve problems problem has been experienced. That is, focusing on those people who are least likely to have the Not everyone who experiences a legal problem will personal or financial resources to manage their own identify it as such, and not everyone who does so problems and are most likely to be eligible for legal will prefer a legal response or seek legal assistance. assistance services. Overall, the LAW Survey found that legal assistance was sought for about 16 per cent of problems This paper describes the development of an experienced across Australia. However, people with indicator of need for legal assistance services (NLAS) multiple disadvantage (whether social, economic developed by the Foundation to support state and and/or health-related) are the least likely to take territory level planning of services. 2 The policy context Surveys The 2015 National Partnership Agreement on Although the LAW Survey provides good information Legal Assistance Services (NPA) between the about the prevalence of legal problems at state/ territory level, because it is a survey of only a sample Commonwealth of Australia and the states/ of the population the number of people interviewed territories identified a number of priority groups in smaller geographic areas or even larger areas with for legal assistance services (Council of Australian sparse populations, is generally insufficient to provide Governments 2015). It specified that service robust measures. There have been previous attempts providers focus Commonwealth funding on people to estimate the prevalence of legal problems using experiencing financial disadvantage and, where survey findings about the extent to which people with appropriate, plan and target their services to people particular characteristics experience problems and that fall within priority client groups. Australian applying to this the population profile of a geographic states are required to use census and other data to area. However, because these estimates are derived identify priority clients and the geographic locations from surveys they are likely to have a wide margin of in which people have the highest levels of legal need. error and, therefore, may not be useful for reliably These requirements were in recognition of the role distinguishing between areas. that data can play in planning cost-effective services Census data counts including: The Australian Bureau of Statistics (ABS) Census • Measuring potential demand for services and currently takes place every five years and provides understanding the nature of that demand comparable data on key socio-demographic indicators for the entire population down to small geographic • Assessing gaps in current provision and/or areas. The purpose of the census is primarily variations in provision across geographic areas and to provide population data to inform planning. for different priority groups It includes items that allow the counting of people • Supporting service implementation by identifying with specific characteristics, such as the young, those the most appropriate physical locations for in education, those with caring responsibilities and services in specific geographical areas and/or the those living in particular types of housing. Census requirement for specialist services data is available for the smallest geographic areas. However, thought needs to be given to selecting • Monitoring the provision of services by comparing appropriate indicators for legal assistance services. client profiles to local population profiles, to assess For instance, living in social housing is one potential the extent to which services are being targeted at measure of the need for services but is itself a those most in need of legal assistance services. reflection of the provision of social housing. A focus The focus on geographic area of residence recognises on this would overlook people living in areas with low that for the least capable clients, face-to-face services provision and those without