Pascoe Pleasence

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.

Do citizens know how to deal with legal issues? Some empirical insights

Over recent years there has been increasing policy concern in the UK about whether citizens are equipped with sufficient legal ‘know-how’. In January 2006, the Department for Constitutional Affairs, now Ministry of Justice, announced a Public Legal Education and Support Task Force to develop and promote the case for a national strategy. This comes after UK government strategies have recently been developed for both consumer education and financial capability. Drawing on empirical data, this article explores whether there is indeed a lack of awareness and confidence among the population of England and Wales in regard to legal issues. The results from the English and Welsh Civil and Social Justice Survey, a large-scale face-to-face survey representative of the population, illustrate the case for targeted as well as general public legal education initiatives.

Civil law problems and morbidity

Study objective: In the United Kingdom, recognition of the links between social and health problems has led to government initiatives such as health action zones. The principles of civil law apply to many types of social problem, and the civil justice system provides one means through which they can be tackled. However, little research has been undertaken into the particular links between problems to which civil legal principles and processes can be applied and morbidity. This study examines these links, and the role of legal advice and services in preventing ill health. Design: This study examined survey respondents’ self reports of longstanding illness/disability and experience of 18 problems to which legal principles can be applied. Setting: A random national survey conducted across England and Wales. Participants: 5611 adults drawn from 3348 residential households. Main results: Significant associations were found between illness/disability and 13 of the problem types. Moreover, experience of greater numbers of problems increased the likelihood of reported illness/disability. In attempting to resolve problems respondents’ health also frequently suffered. Conclusions: This study highlights the contribution that public legal education and legal advice can make to the promotion of public health, and the importance of further integration of health and civil justice initiatives through health action zones, community legal service partnerships, etc, to further this end.

Evolution and revolution: Gauging the impact of technological and technical innovation on Olympic performance

Abstract A number of studies have pointed to a plateauing of athletic performance, with the suggestion that further improvements will need to be driven by revolutions in technology or technique. In the present study, we examine post-war mens Olympic performance in jumping events (pole vault, long jump, high jump, triple jump) to determine whether performance has indeed plateaued and to present techniques, derived from models of human growth, for assessing the impact of technological and technical innovation over time (logistic and double logistic models of growth). Significantly, two of the events involve well-documented changes in technology (pole material in pole vault) or technique (the Fosbury Flop in high jump), while the other two do not. We find that in all four cases, performance appears to have plateaued and that no further “general” improvement should be expected. In the case of high jump, the double logistic model provides a convenient method for modelling and quantifying a performance intervention (in this case the Fosbury Flop). However, some shortcomings are revealed for pole vault, where evolutionary post-war improvements and innovation (fibre glass poles) were concurrent, preventing their separate identification in the model. In all four events, it is argued that further general growth in performance will indeed need to rely predominantly on technological or technical innovation.

When Legal Rights Are Not a Reality: Do Individuals Know Their Rights and How Can We Tell?

Public knowledge of rights has been the subject of a number of empirical enquiries over the last decade. In England and Wales, knowledge of rights and its relationship with an individuals capacity to ‘self-help’ and ‘self-represent’ when faced with a civil justice problem has become the subject of renewed attention following changes to legal aid which, from March 2013, will see the availability of legal advice and representation dramatically reduced. Previous studies focusing on public knowledge of rights in this (and other) jurisdictions have illustrated a lack of knowledge amongst the general population and more specifically, a widespread tendency of individuals to assume that the law aligns with their own moral, ethical or social attitudes. However, many of these studies have also suffered from methodological shortcomings. In attempting to address some of these shortcomings this study uses an open-ended format to ask individuals with one or one or more civil or social justice problems to describe their rights/legal position. We find that whilst an open-ended question approach to exploring knowledge of rights yields insight not acquired by other formats, its utility is constrained by difficulty reconciling articulation and actual knowledge of rights. We discuss the implications of these findings as they relate to the development of future research in the field of family and social welfare law, Public Legal Education (PLE) and access to justice post-March 2013.

Institutional Racism and Civil Justice

This article investigates the utility of the term ‘institutional racism’, using a study of the experiences of Black and Minority Ethnic [BME] people within the civil justice ‘system’ in England and Wales. The study is based on the results of the Legal Services Research Centres Periodic Survey of Justiciable Problems, detailing 5,611 respondents’ experiences of civil justice problems over a four-year period. The article concludes that although disparity of experience between white and BME people does exist in the civil justice system, it is not clear whether, or to what extent, this is the result of racism. It also suggests that a notion of ‘institutional racism’ is unhelpful in interpreting these results and gives rise to difficulties in identifying relevant sources of social agency. The article argues for an alternative concept of ‘institutionalized’ racism, applied only when evidence is found of the existence of racist beliefs or practices, as opposed to disparity of experience/outcome.

Mental Health and the Experience of Social Problems Involving Rights: Findings from the United Kingdom and New Zealand

As with general morbidity, psychiatric morbidity has been linked to an array of social problems, with interest in those links heightened by the noted vulnerability of those with mental illness and the cost of mental illness to the economy. Legal rights have a bearing upon many social problems. This study, based on data drawn from surveys of 2,628 adults in England and Wales and 7,200 people aged ≥15 in New Zealand, examines links between rights problems and mental illness. We find significant associations between rights problems, in general and in the majority of types studied, and mental illness; both when experienced in isolation and in combination with physical illness. All problems were also reported to have led, on occasion, to stress-related illness. Illness was less often reported as being the main cause of problems. We argue that effective coordination of mental health and legal services is likely to improve both health and justice outcomes.

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.

Children, Young People and Requests for Police Station Legal Advice: 25 years on from PACE

Informed by data extracted from 30,921 police electronic custody records, drawn from 44 police stations across four police force areas and including 5153 records of juveniles aged 10 to 17 years, this article examines the take-up of legal advice by children and young people in police stations in England and Wales. There are wide variations in the extent to which juveniles request and receive legal advice when compared to adults but also between juveniles of different ages. Such variations are explored both in relation to the age of detainees and the type and seriousness of offence and case disposal. Also examined are variations based on different police force areas. The implications emanating from children’s differential access to legal advice at police stations are considered in relation to children’s rights.

The Audacity of Justice: Recession, Redundancy, Rights and Legal Aid

The 2008 recession presents a double challenge to legal aid. Unemployment extends legal aid eligibility. It is also associated with increased vulnerability to problems involving legal rights, feeding demand for legal services. Job loss, as distinct from unemployment, might be expected to increase vulnerability further still. In this paper, we set out findings from a first analysis of the relationship between job loss and the experience of rights problems. In the context of the current recession, we set out the likely scale of the recessions impact on the incidence of rights problems and demand for legal (and legal aid) services.