Nigel J. Balmer

Worried Sick: The Experience of Debt Problems and their Relationship with Health, Illness and Disability

This paper examines social and demographic predictors of debt problems, whether debt problems tend to occur in combination with other problems and which people tend to experience long- rather than short-term debt. Data were extracted from a survey of 5,611 adults experiences of civil justice problems, throughout England and Wales. Being in receipt of benefits and long-term illness or disability were the strongest predictors of debt, with long-term ill or disabled respondents also being more susceptible to long-term debt. We highlight the importance of advice interventions that recognise the link between civil justice problems and health, illness or disability.

Disability, social exclusion and the consequential experience of justiciable problems

In this article, we examine the situation of disabled people in England and Wales with regard to one specific aspect of social exclusion—experience of justiciable problems, and the potential effects such problems can have on their lives. Having defined ‘disability’, we examine how this fits within the wider dialogue on social exclusion issues. By analysing the results of the Legal Services Research Centres (LSRC) periodic survey of justiciable problems, we find that disabled respondents were not only more likely to experience a problem, they also experienced more problems. Increased likelihood of a problem was observed in the majority of problem categories and particularly those relating to issues of social exclusion, such as housing and welfare benefits. This propensity to experience multiple problems can lead to a negative impact on the lives of long‐term ill and disabled people.

Causes of Action: First Findings of the LSRC Periodic Survey

In this paper we report some of the first findings of the LSRC periodic survey of justiciable problems. We confirm the prevalence of justiciable problems amongst the general population. We identify important differences in the experiences of discrete socio-demographic populations, not only in terms of the number of problems faced, but also in terms of the perception of problems and reactions to them. We show that cost is not the principal barrier to taking action or obtaining advice across most problem categories. Other concerns, such as fear or uncertainty as to what can be done are generally more prevalent. We illustrate the range of strategies employed by those who take action, and confirm the rarity of court action. Finally we show that the basic form of Felstiner, Abel, and Sarats aetiology of lawsuits is recognizable within our findings, although we explain that the manner and form of progression through the various stages is complex and irregular.

Portal or Pot Hole? Exploring How Older People Use the ‘Information Superhighway’ for Advice Relating to Problems with a Legal Dimension

ABSTRACT As an increasing number of Government services have moved away from traditional modes of provision to online formats, there has been a corresponding need to ensure greater access to the internet. Although older people (those over 60) are least likely of all age groups to have access to the internet in their homes, the internet holds much potential as an information and advice resource for those older people who may find it difficult to access advice over the telephone or in person. Realising this potential extends beyond issues of physical access; consideration must necessarily be given to issues of internet literacy and the inclination of this cohort to utilise what may be new and unfamiliar technology. This paper examines these matters in the context of the resolution of everyday problems with a legal dimension. Looking first at the use of the internet for information and advice seeking related to such problems, we find that those aged over 60 demonstrate the least use of the internet for problems with a legal dimension. Simultaneously, those aged over 60 are also the group with the lowest level of home access – a particular issue given that for over 60-year-olds, home access is a far stronger determinant of internet use for problems than it is for other age groups. Examining use of the internet for advice seeking over the last decade, findings demonstrate the existence of a general increase in use amongst all age groups over time, albeit with a lower rate of growth amongst those currently over 60. As an indication of future growth, this will have implications for the provision of services. Whilst the ‘young old’ will utilise the internet to a greater degree and will require websites which are tailored to their needs, those individuals at the older end of the age spectrum may best be served by continued access to face-to-face or outreach advice. The implications these findings pose for policy makers in setting priorities in the remit of online service provision are discussed, with results having particular relevance in England and Wales given planned changes to civil legal aid.

Needs assessment and the Community Legal Service in England and Wales

This paper provides an overview of recent developments in needs assessment in England and Wales. It describes the origins of the Legal Services Commission, the Community Legal Service and Community Legal Service Partnerships. It describes how changes to the civil legal aid system in England and Wales, and in particular the introduction of a limited budget, necessitated a new emphasis on targeting legal aid funds on the basis of ‘need’. It shows that effective targeting within a context of limited resources requires proper knowledge of populations vulnerable to the experience of ‘justiciable’ problems, the impact of problems, the strategies that are used to deal with problems, and the effectiveness of different strategies. It describes the methods that are being used by the Legal Services Commission to assess ‘need’ and sets out some key findings of the first LSRC periodic survey of justiciable problems, illustrating how the legal aid system in England and Wales might evolve to best meet government objectives.

Failure to recall: Indications from the english and welsh civil and social justice survey of the relative severity and incidence of civil justice problems

Purpose – Concerns about expenditure on legal aid in England and Wales have led to greater focus on ‘value for money’ and increased strategic targeting of resources. To inform targeting, the English and Welsh Civil and Social Justice Survey has been used to investigate the relative severity of different civil justice problem types. Thus, the survey has included a range of severity indices and related questions. However, this study takes a different approach in exploring how a seeming ‘defect’ of the survey, failure of autobiographical memory, may shed some of the clearest light on not just the issue of problem severity but also problem incidence.Methodology/approach – We examine failures of autobiographical memory of civil justice problems and ask what they can tell us about problem severity.Findings – We find that failures of autobiographical memory provide a useful guide to relative severity of civil justice problems of different types. They also provide a means to more accurately estimate the prevalence of problems.Originality/value of paper – This paper is the first to examine the relative severity and incidence of civil justice problems through an analysis of recall patterns.