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Summary

There are a number of barriers preventing homeless people from participating effectively in the legal system. These include:

• lack of awareness and understanding of the legal process
• mental illness and other cognitive impairment
• lack of confidence in and fear of the legal system
• lack of contact details
• literacy
• complicated and lengthy processes
• lack of legal representation
• isolation (for people living in rural and regional areas)
• formality of legal proceedings
• reliance on written documentation and applications
• cost.

Homeless people are assisted greatly during the legal process by effective and appropriate legal representation. It is also suggested that homeless people perform more effectively in legal processes that are more accessible and that offer more flexible service delivery, such as the SSAT, the NSW Ombudsman (Community Service Division) and the HAC. However, getting to these arenas can be a problem, particularly when the process is lengthy and multi-levelled. It appears from our investigations that often homeless people simply do not last the distance. Furthermore, court and bureaucratic appeal forms are too complicated for people who, in many instances, have comprehension and literacy problems.

Special courts, special lists and programs, although not specifically focused at homeless people, attempt to address legal need in a more flexible and supportive environment. Examples discussed here include the Red Hook Community Justice Center (New York), the California Homeless Court, the NSW Drug Courts, the MERIT program and the Victorian Special Circumstances List. The features of these which increase participation for homeless people include:

• legal processes that attempt to involve the offender in the process and outcome
• better understanding of the complex needs of the offender as they attempt to address the underlying causes of the offending behaviour
• links to services that address their other complex social needs
• less formality and greater support for the homeless person’s needs.

However, even when processes are simplified, the complexity of homeless people’s legal issues, the inevitable power imbalance between them and those they face in courts and tribunals, and the multiple barriers they face in accessing these arenas highlight the importance of ongoing advocacy and support for this client group.