This report details research findings for people with mental health problems and their carers. In this sample, the majority of individuals with mental health problems sought legal advice independently of support from friends or family members. There are a wide range of risk factors (and often overlapping risk factors) that have contributed to individuals with mental health problems being vulnerable when seeking legal advice.
And, if mental health issues are revealed, adjust the interaction to support those with symptoms. The sample consisted of 21 people with mental health problems (in-depth interviews) and 9 informal caregivers of people with mental health problems (in-depth interviews). The rationale for including caregivers in our sample was that they have a unique role and perspective in accessing legal services on behalf of individuals with mental health problems.
Main Findings
Which factors make a consumer vulnerable?
Barriers to accessing and successfully negotiating legal services
- Those who felt that their mental health problems created relatively low- level difficulties for them when engaging with legal services providers
- Those who felt that their mental health problems created relatively significant problems for them when engaging with legal services providers
This suggests that potential service improvements for legal service providers in dealing with consumers with mental health problems are practical and achievable. Overall, this group felt that the adjustments needed to meet their needs were relatively achievable. For example, one respondent felt that her problem using the phone was a relatively minor problem that should be easily resolved.
Despite explaining this to a third-sector consulting-based organizational consultant, she got the phone so she could talk to a lawyer to explain her circumstances and set up an appointment. I know it sounds weird to say you can't do things on the phone, but to me it's true. When this lady handed me the phone and told me to talk to the lawyer, I thought, did she listen to what I said? (Person with mental health issues).
An example of someone who felt that her symptoms caused her relatively great difficulty in dealing with legal professionals was a respondent who described herself as having been diagnosed with a personality disorder. This group of respondents typically felt anxious, both about understanding what was happening, and about being 'abandoned' to fend for themselves in a difficult situation. I felt bad about it, but she [the lawyer] was very understanding.” (Person with mental health problems).
The feature of the legal services market that was particularly relevant to this sample was free services, either from third party organizations or free elements of services from regulated providers, e.g. I really don't have a problem with seeing a lawyer, it's just the prospect of the big expense.' (Individual with mental health problems).
Approaches or techniques that consumers find useful in accessing legal services
Friends had a similar experience with another developer and referred us to this particular solicitor to deal with this particular matter.' (Individual with mental health problems). They [advice-based third sector organisation] suggested a firm of solicitors where you can get the first hour of advice for free.’ (Individual with mental health . problems). There was a small group who volunteered the information that they or the person they cared for had mental health problems.
Of this group, most did so because they felt that their symptoms were likely to have a significant effect on the extent to which they would be able to engage with the legal service provider. I think if someone has mental health, people should try to deal with things differently and with more compassion.' (Individual with mental health . problems). I think it was because you don't tend to get anything for free and I think because legal fees are so expensive as well, it just seems like it was too.
It was really really hard because they don't take you to an individual room so you have other people waiting to ask you questions while you try. The first time I called, I didn't find the person on the end of the phone as helpful as the second time I called. He was extremely helpful but didn't even listen to the fact that I didn't want to go down the path of domestic violence.
He was kind and understood that it was a very difficult time for me.' (Individual with mental health problems). He was inclusive and made sure he didn't talk to me without including [my son] and vice versa. It tends to go in one ear and out the other when I'm stressed.' (Individual with . mental health problems).
I read things but didn't understand them so I signed to finish.
Adverse outcomes: tried and failed
In one case, a female guardian felt overwhelmed by the response of the law firm she had approached. I just felt that she bombarded me.' Her first contact with the lawyer did not reassure her. Finally, she thought the cost was low: £1,500 to complete two durable power of attorney applications.
After several attempts, she gave up, feeling demoralized: 'Finally I gave up trying to push her and walked away.' 'She pushed me to do nothing for nothing until she died.' These examples suggest that an unsuccessful attempt to access legal advice may result in those with overlapping vulnerabilities (eg individuals with mental health problems caring for individuals with dementia) not pursuing the legal issue, instead to seek help from another legal services provider. It is clear that carers expect legal service providers to recognize the needs of people with dementia as well as their own, ie.
She was unable to find a legal services provider willing to take on her case in relation to the issue of her being in compulsory treatment under the Mental Health Act. This respondent felt that there was a gap in the legal services provider market for those in similar circumstances who felt they had legal cases they would like to pursue. In another case, the carer is unhappy with the consultant she has been told is the right person to handle the case and knows of no other options.
In another case, a carer was frustrated with the response of an advice-based third sector organization she consulted for her solution. Although unhappy, each of these respondents prioritized progressing their legal case rather than complaining about the legal advice they had received.
To what extent are the legal needs of the study being met?
Many of those who felt that their mental health problems caused them relatively minor difficulties in accessing legal services believed they had gained access to services. However, there was clearly a group of respondents (both caregivers of people with mental health problems and persons with mental health problems) who felt that legal services were more difficult to access for persons whose symptoms caused them relatively great difficulties. However, there was some division among respondents about whether they had received the right legal advice.
Most felt they had received competent and professional advice, even though they had decided not to do anything about it. However, as described in 4.5.2, some people with mental health problems and carers of people with mental health problems were less positive about the advice they had received, largely because the advice they had received had not helped them through their legal problems. Respondents believed that there were sufficient suppliers and the sample included suppliers with experience in advising lawyers and third sector advisory based organisations.
However, as described in 4.5.2, some carers faced complex situations where they felt they did not have overall guidance on what to do. In general, respondents wanted to be sure that they understood the legal advice they were offered, which they believed would be achieved if: explanations were. Only one respondent felt that she was actively discriminated against (as described in section (4.4.1), on the basis that she could not find a legal provider willing to take on her case.
However, some others felt that legal service providers lacked an understanding of their particular needs (which had been identified), which they felt put them at a disadvantage when accessing services (as described in section 4.2). It was clear that the majority of respondents who felt that their mental health problems created low levels of difficulty for them when accessing legal advice felt that legal service providers had taken care of their needs.
Conclusions
They handled him very well and they tried to direct all the questions to him instead of me which was good. A minority who were dissatisfied with the service considered complaining, but none reported actually doing so. Likewise, others felt that legal service providers could do more to help consumers whose symptoms created relatively significant difficulties for them when engaging with legal service providers, particularly when those difficulties have been disclosed.
This group was less likely to disclose their mental health problems and more likely to feel that their needs had been met. This group was more likely to disclose their mental health issues and less likely to feel that their needs had been met. These concerns were usually expressed as concerns about: the total costs likely to be incurred; unable to understand jargon and technical-legal language; and a pervasive sense of intimidation from legal professionals.
Respondents in this sample were clear about how they would like interactions to be planned and executed. Feeling heard and understood, which was felt as actively involving the individual, acknowledging the difficulty of their situation and responding sympathetically. Feeling that they have understood the advice given, due to the clarity of the oral explanation and written follow-up information, both of which should be.
