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Research Report: On the edge of justice: the legal needs of people with a mental illness
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On the edge of justice: the legal needs of people with a mental illness (2006) Cite this report

Ch 4. Barriers to accessing legal assistance

Individual barriers to accessing legal assistance



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Being disorganised


A number of legal and mental health workers were of the opinion that some people with a mental illness tend to be disorganised, which can make it difficult for them to remember to keep appointments with legal service providers.12 For example, in consultation for this study, one pro bono solicitor described how a person’s illness can make it difficult for them to keep appointments and prioritise their legal matter:

    The practical stuff is actually getting the client to progress their matter. So [you try] to help them pursue a legal remedy, but their mental illness, often it’s depression or some sort of anxiety disorder, makes it hard for them to keep appointments or prioritise this, as you can imagine, over other aspects of their lives.13

A family law solicitor argued that substance abuse can also make it difficult for people to be organised and keep appointments:

    The substance abuse is another matter, because again people are just struggling to organise their lives to do things by a certain time … People will make appointments but something will happen, and they just won’t keep it … so [there are] issues in just getting instructions.14

A non-legal service provider argued that the side-effects of medication can make it difficult for some people to get up early in the mornings, which may result in them missing appointments with legal services providers.15 This is supported by Cullen:

    Depression and the side effects of medication can lead to extreme fatigue. When people are not able to manage appointments and arrangements, this can be interpreted as “not bothering”.16

A Department of Family and Community Services study on barriers to service provision for young people with substance abuse and mental illness found that not turning up to appointments with health professionals was a particular problem for this group.17

Consultations with pro bono solicitor, Sydney, September 2004, family law solicitor, October 2004, consumer advocate, Sydney, August 2004, CLC workers, KLC, August 2004.
Consultation with pro bono solicitor, Sydney, September 2004.
Consultation with family law solicitor, October 2004.
Consultation with consumer advocate, Sydney, August 2004.
Cullen, Out of the Picture, p. 9.
T Szirom, D King & K Desmond, Barriers to Service Provision for Young People With Presenting Substance Misuse and Mental Health Problems, National Youth Affairs Research Scheme, Department of Family and Community Services, Canberra, 2004.

12  Consultations with pro bono solicitor, Sydney, September 2004, family law solicitor, October 2004, consumer advocate, Sydney, August 2004, CLC workers, KLC, August 2004.
13  Consultation with pro bono solicitor, Sydney, September 2004.
14  Consultation with family law solicitor, October 2004.
15  Consultation with consumer advocate, Sydney, August 2004.
16  Cullen, Out of the Picture, p. 9.
17  T Szirom, D King & K Desmond, Barriers to Service Provision for Young People With Presenting Substance Misuse and Mental Health Problems, National Youth Affairs Research Scheme, Department of Family and Community Services, Canberra, 2004.


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Karras, M, McCarron, E, Gray, A & Ardasinski, S 2006, On the edge of justice: the legal needs of people with a mental illness in NSW, Law and Justice Foundation of NSW, Sydney