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Conclusion

The experiences of homeless people, and the observations of their advocates and service providers in this study, indicate that homeless people face multiple and substantial barriers in the following:

• identifying their legal problems among the multiple issues they face
• recognising these as legitimate issues that deserve to and can be addressed
• seeking legal assistance to address those issues
• finding time and energy to address those issues.

From the evidence gathered in this study, people who are homeless tend to focus on addressing their immediate needs, such as finding safe accommodation, meeting social security requirements and/or caring for their family. Coupled with limited resources, a fear or lack of knowledge of the legal system, a perception that the law would never work in their interests, and limited capacity to address issues (e.g. due to limited literacy or education, mental health issues or addiction), legal issues are likely to remain unaddressed.

Services report that when homeless people finally do contact a legal service (if at all), often the issue has usually already reached crisis point. For example, the eviction is imminent, their benefits have been cut off or their court case is tomorrow.⁸⁶ One caseworker observed that in some cases it may well be too late to resolve the issue (e.g. the limitation period may have expired) or the issue has become more complex and difficult to address.⁸⁷

The multiple, urgent and interrelated legal problems homeless people have, together with the barriers they face in addressing these issues, have significant implications for the nature and type of legal service delivery that is appropriate for homeless people in NSW.

The following chapter discusses different forms of legal assistance available in NSW and the features of those services that either hinder or facilitate the provision of legal assistance to homeless people.