On the Edge of Justice: the Legal Needs of People with a Mental Illness in NSW

1
On the Edge of Justice the Legal Needs of People
with a Mental Illness in NSW

• What if you dont know how the court system
  works, what if you are too embarrassed to admit
  you dont know what to say or do? Or admit that
  you are scared, or that you have anxiety, or you
  have a mental illness and you cant cope? What if
  you dont know who to talk to?

2
Role of the Law and Justice Foundation

• To identify legal and access to justice needs
• To identify effective legal system reforms
• To improve access to justice

3
Aims of the project

• Examine the ability of people with a mental
  illness to
• Obtain legal assistance
• Participate effectively in the legal system
• Obtain assistance in legal processes from
  non-legal advocacy and support agencies

4
What is mental illness?

• The existence of a clinically recognisable set
  of symptoms or behaviour associated in most cases
  with distress and with interference with personal
  functions
• World Health Organisation

5
Methodology

• Qualitative research project
• Roundtable focus group discussions
• In-depth interviews with service providers and
  people who have a mental illness

6
Legal issues experienced by people with a mental
illness

• Mental Health Act and Guardianship
• Discrimination
• Housing
• Social security
• Consumer issues
• Domestic violence and victim of crime issues
• Family law and care and protection issues.

7
Barriers to accessing legal services and
participating in the legal system

• Stress
• Intimidating and frightening legal processes
• Cognitive impairment
• Problems with organisation and time management
• Communication problems

8
Negative perceptions of people with a mental
illness

• Lack of credibility
• Excessive complainants

9
Identification

• Difficulties in identifying that a client has a
  mental illness
• Peoples needs not catered for during the legal
  process

10
Removing barriers and facilitating greater
participation

• Flexible service delivery
• Therapeutic jurisprudence
• Training on mental illness

11
Non-legal support in accessing the justice system

• identification of a legal issue
• legal information
• referral to solicitor
• general support
• advocacy
• education

12
Conclusion

• What if you dont know how the court system
  works, what if you are too embarrassed to admit
  you dont know what to say or do? Or admit that
  you are scared, or that you have anxiety, or you
  have a mental illness and you cant cope? What if
  you dont know who to talk to?
• Disability awareness trainer