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Homelessness and the law: bridging disparate worlds

The aim of this project has been to document the access to justice issues facing homeless people in NSW. It has documented the legal issues commonly faced by people as they move through homelessness, the barriers they face in obtaining assistance for these problems, the factors prohibiting them from participating effectively in legal processes and the legal and other services that work to bridge this gap.

A major observation that may be drawn from this report concerns the intrinsic relationship between homelessness and the law. First, complex legal need appears to be a feature of homelessness. Secondly, homelessness itself can hinder the resolution of those issues. Thirdly, where homeless people are supported to engage in legal processes, the law can provide solutions to these issues, and provide pathways out of homelessness. A challenge for those providing legal assistance to this group is to bridge the considerable gap between the chaotic world in which homeless people inhabit, and the formality and structure of the legal system.

The capacity of legal assistance services and the legal system itself to meet the needs of homeless people rest on a number of factors. First, recognition of the considerable diversity among homeless people in NSW. This has implications for identifying where homeless people are situated, what their differing legal issues are and what particular constraints they face in addressing these issues. Second, the capacity of services to address the barriers that prevent homeless people from accessing legal services and engaging in legal processes. Third, recognising the key role that non-legal service providers can play in assisting homeless people in legal processes, and the support and information they require to fulfil this role. Finally, homeless people benefit from legal services that work with other agencies to provide a client focused, rather than a problem-focused approach to meeting their complex needs.

This report has discussed a range of strategies that can and are being taken to more constructively engage homeless people in legal processes and to facilitate better outcomes for this group. The consequences of these actions will be far reaching. Not only will addressing these barriers alleviate the daily experience of having unresolved legal issues; they can also alleviate and prevent people from becoming homeless.

The ideas and discussion presented in this report are those of the legal professionals, caseworkers, service providers and, most importantly, the homeless people consulted for this study. It is they who best understand the legal needs and access to justice issues facing homeless people in this State. It is they who must be engaged in structuring legal service delivery to best meet the complex needs of homeless people in NSW.