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The role of non-legal service providers

By virtue of their mental illness and their financial disadvantage, Chapter 6 discussed the way in which people with a mental illness are likely to come into contact with a range of non-legal service providers to assist them with various day-to-day financial, social and health issues. Consultations suggested that people with a mental illness are in contact with mental health workers, social workers, youth workers, community groups, church services and other government services, such as the OPC and the OPG, Centrelink and DOH. One of the aims of this project was to examine the role that these non-legal service providers play in assisting people with a mental illness through the legal process and in accessing legal service provision.

Instead of accessing a legal service, people with a mental illness may turn to their mental health caseworker, social worker or community group if they have a legal problem. In this respect, non-legal service providers can assist them to identify that they have a legal issue, provide them with information about that legal issue, or refer them to a legal service provider. The ability of the non-legal service provider to offer this information will depend on the individual worker’s knowledge about the particular legal issue and their networks, and their knowledge of where to refer a person for legal assistance. Building relationships and sharing information (including training) between non-legal service providers and legal service providers may assist non-legal service providers in this role. In turn, non-legal agencies also provide support and assistance to legal service providers and their clients.

Noting the barriers facing people with a mental illness that prevent them from accessing legal assistance and from participating effectively in the legal process, non-legal service providers can also play a role in helping people with a mental illness overcome barriers such as communication problems, stress, cognitive impairment and problems with organisation. For example, having a non-legal service provider go along to an interview with a solicitor may assist a person with a mental illness to communicate more effectively and feel more at ease with the solicitor. Furthermore, having a support person at court may also assist people with a mental illness who find the courtroom experience stressful, or who have problems turning up to court on time and understanding what is going on. This aspect of non-legal support to people with a mental illness participating in the legal system is limited by the capacity of many services to provide such support.