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Informed Citizens? Knowledge of Rights and the Resolution of Civil Justice Problems

Published online by Cambridge University Press:  02 April 2012

CATRINA DENVIR ,
NIGEL J. BALMER  and
ALEXY BUCK
CATRINA DENVIR
Affiliation:
Legal Services Research Centre, 102 Petty France, London, SW1H 9AJ Faculty of Laws, University College London, Bentham House, Endsleigh Gardens, London, WC1H 0EG email: [email protected]
NIGEL J. BALMER
Affiliation:
Legal Services Research Centre, 102 Petty France, London, SW1H 9AJ; Faculty of Laws, University College London, Bentham House, Endsleigh Gardens, London, WC1H 0EG email: [email protected]
ALEXY BUCK
Affiliation:
Legal Services Research Centre, 102 Petty France, London, SW1H 9AJ email: [email protected]
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Abstract

Previous studies have highlighted the paucity of knowledge possessed by people in a number of jurisdictions with regard to specific legal issues and processes, yet what has not been fully understood is the practical impact of this lack of knowledge. This paper looks at how knowledge of rights affects the resolution of civil justice problems. Data were extracted from a large-scale survey of adults’ experience of rights problems throughout England and Wales (10,537 adult respondents). The results demonstrated that most individuals were not aware of their rights at the time the problem occurred (64.8 per cent). Knowledge was shown to be poorest amongst those with mental illness, those without higher qualifications and those renting their homes. Problems where knowledge was poor included clinical negligence, welfare benefits and neighbours issues. Knowledge did not appear to be related to a particular problem-solving strategy but had an impact on the fulfilment of objectives and the obtaining of advice. Our findings depart from existing literature by indicating that knowledge of rights alone is not associated with legal self-sufficiency in terms of a reduced dependence upon legal advice services. We find, however, that individuals, with knowledge of rights, experience better outcomes when they opt to handle their problem alone. Accordingly, the presence or absence of knowledge of rights may be a useful proxy measure of legal advice need and relevant to the process of legal aid rationing. Our findings highlight the role that Public Legal Education (PLE) (both ‘rights-based education’ and ‘just-in-time/self-help’) may play in disposing of less complex problems, while presenting a strong case for the continued availability of free legal advice services. The research is discussed in the context of the recently announced legal aid reforms in England and Wales and their anticipated impact.

Type
Articles
Information
Journal of Social Policy , Volume 41 , Issue 3 , July 2012 , pp. 591 - 614
Copyright
Copyright © Cambridge University Press 2012

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References

Advice Services Alliance, Citizenship Foundation, Legal Action Group (2004), Towards a National Strategy for Public Legal Education.Google Scholar
Advice Services Alliance, Citizenship Foundation, Legal Action Group (2005), Public Legal Education: A Proposal for Development.Google Scholar
Balmer, N. J., Buck, A., Patel, A., Denvir, C. and Pleasence, P. (2010), Knowledge, Capability and the Experience of Rights Problems, London: PLEnet.Google Scholar
Baker, D. and Barrow, S. (2006), ‘Proxy models of legal need: can they contribute to equity of access to justice?’, Journal of Social Policy, 35: 2, 267–82.CrossRefGoogle Scholar
Barkun, M. (1973), Law and the Social System, New York: Lieber-Atherton.CrossRefGoogle Scholar
Barlow, A., Duncan, S., James, G. and Park, A. (2005), Cohabitation, Marriage and the Law: Social Change and Legal Reform in the 21st Century, Oregon: Hart.Google Scholar
Buck, A., Pleasence, P. and Balmer, N. J. (2008), ‘Do citizens know how to deal with legal issues?’, Journal of Social Policy, 37: 4, 661–81.CrossRefGoogle Scholar
Buck, A., Pleasence, P. and Balmer, N. J. (2005), ‘Social exclusion and civil law: experience of civil justice problems among vulnerable groups’, Social Policy and Administration, 39: 3, 302–22.CrossRefGoogle Scholar
Buck, A., Pleasence, P. and Balmer, N. J. (2007), Report to the Public Legal Education and Support Task Force: Education Implications from the English and Welsh Civil and Social Justice Survey, London: PLEAS Task Force.Google Scholar
Cabinet Office (2010), Big Society Programme – Building the Big Society, London: Cabinet Office.Google Scholar
Casebourne, J., Regan, J., Neathey, F. and Tuphy, S.(Institute of Employment Studies) (2006), Employment Rights at Work – Survey of Employees 2005, Employment Relations Research Series, No. 51, London: Department of Trade and Industry.CrossRefGoogle Scholar
Crick Report (1998), Education for Citizenship and the Teaching of Democracy in Schools, Final report of the Advisory Group on Citizenship, London: Qualifications and Curriculum Authority/Department.Google Scholar
Day, L., Collard, S. and Hay, C. (2008), Money Advice Outreach Evaluation: Qualitative Outcomes for Clients, London: LSRC.Google Scholar
Department of Education (2011), ‘Citizenship and human rights in the curriculum: response to freedom of information request’, http://www.education.gov.uk/aboutdfe/foi/disclosuresaboutpolicyandgovernment/a0077520/citizenship-and-human-rights-in-the-curriculum [accessed 19/7/11].Google Scholar
Financial Services Authority (2004), Building Financial Capability in the UK, London: Financial Services Authority.Google Scholar
Financial Services Authority (2006), Financial Capability in the UK: Delivering Change, London: Financial Services Authority.Google Scholar
Financial Services Authority (2009), Financial Capability Plans 2009/10, London: Financial Services Authority.Google Scholar
Genn, H. (1999), Paths to Justice: What People Do and Think About Going to Law, Oxford: Hart Publishing.Google Scholar
Genn, H., Lever, B., Gray, L., with Balmer, N. J (2006), Tribunals for Diverse Users, Department for Constitutional Affairs Research Series 1/06, London: Department for Constitutional Affairs.Google Scholar
Giddings, J. and Robertson, M. (2001), ‘“Informed litigants with nowhere to go”: self-help Legal Aid Services in Australia’, Alternative Law Journal, 26: 4, 184–5.CrossRefGoogle Scholar
Giddings, J. and Robertson, M. (2003), ‘Large-scale map, or the A–Z? The place of self-help services in legal aid’, Journal of Law and Society, 30: 1, 102–19.CrossRefGoogle Scholar
Gies, L. (2008), Law and the Media: The Future of an Uneasy Relationship, Oxford: Routledge-Cavendish.Google Scholar
Goldstein, H. (2003), Multilevel Statistical Models (3rd edition), London: Arnold.Google Scholar
Grimes, R. (2008), ‘Survey of public legal education programs − a report’, http://www.plenet.org.uk/data/files/survey-of-international-ple-programmes-december-2008-86.pdf [accessed 21/7/2011].Google Scholar
Johansson, H. and Hvinden, B. (2007), ‘What do we mean by active citizenship?’, in Hvinden, B. and Johansson, H. (eds.), Citizenship in Nordic Welfare States: Dynamics of Choice, Duties and Participation in a Changing Europe, London and New York: Routledge, pp. 32–49.Google Scholar
Justice for All (2011), ‘Saving justice: where next for legal aid?’, http://www.justice-for-all.org.uk/dyn/1303119811180/Saving-justice_final.pdf [accessed 21/07/2011].Google Scholar
Kearns, A. (1995), ‘Active citizenship and local governance: political and geographical dimensions’, Political Geography, 14: 2, 155–75.CrossRefGoogle Scholar
Kirby, K. (2008), ‘A brief history of A2J Author’, http://www.a2jauthor.org/drupal/?q=node/123 [accessed 21/7/2011].Google Scholar
Kisby, B. and Sloam, J. (2009), ‘Revitalizing politics: the role of citizenship education’, Representation, 45: 3, 313–24.CrossRefGoogle Scholar
Kotkas, T. (2010), ‘Governing health and social security in the twenty-first century: active citizenship through the right to participate’, Law Critique, 21: 163–82.CrossRefGoogle Scholar
Kritzer, H. M. (2008), ‘To lawyer or not to lawyer: is that the question?’, Journal of Empirical Legal Studies, 5: 4, 875–906.CrossRefGoogle Scholar
Lawler, M., Giddings, J. and Robertson, M. (2009), ‘“Maybe a solicitor needs to know that sort of thing but I don't”: user perspectives on the utility of legal self-help resources’, in Buck, A., Pleasence, P. and Balmer, N. J. (eds.), Reaching Further: Innovation, Access and Quality in Legal Services, London: TSO.Google Scholar
Legal Services Commission (2010), CLA Web Convergence – Equalities Impact Review, London: LSC.Google Scholar
Marshall, T. H. (1950), Citizenship and Social Class and other Essays, Cambridge: Cambridge University Press.Google Scholar
Marshall, T. H. (1964), Class, Citizenship and Social Development, New York: Doubleday & Company.Google Scholar
Miller, D. (2000), Citizenship and National Identity, Cambridge: Polity Press.Google Scholar
Ministry of Justice (2010a), Legal Aid Reform Scope Changes: Impact Assessment, London: Ministry of Justice.Google Scholar
Ministry of Justice (2010b), Proposals for the Reform of Legal Aid in England and Wales, London: Ministry of Justice.Google Scholar
Ministry of Labour (2010), ‘Employment standards act: self-help kit’, http://www.labour.gov.bc.ca/esb/self-help/ [accessed 21/7/2011].Google Scholar
Ministry of Justice (2011), Reform of Legal Aid in England and Wales: The Government Response, London: The Stationery Office, http://www.justice.gov.uk/downloads/consultations/legal-aid-reform-government-response.pdf [accessed 28 June 2011].Google Scholar
National Association of Community Legal Centres (NACLC) (2009), The Australian Government's Social Inclusion Agenda: Why It Matters to Community Legal Centres, http://www.plenet.org.uk/data/files/naclc-social-inclusion-discussion-paper-204.pdf [accessed 21/07/2011].Google Scholar
Parle, L. J./Independent Academic Research Studies (2009), Measuring Young People's Legal Capability, London: IARS & PLEnet.Google Scholar
Patel, A., Balmer, N. J. and Pleasence, P. (2008), ‘The geography of advice seeking’, Geoforum, 39: 6, 2084–96.CrossRefGoogle Scholar
PLEAS Task Force (2007), Developing Capable Citizens: The Role of Public Legal Education, London: Public Legal Education Task Force.Google Scholar
Pleasence, P. (2006), Causes of Action: Civil Law and Social Justice (2nd edition), Norwich: TSO.Google Scholar
Pleasence, P., Balmer, N. J., Buck, A., O'Grady, A. and Genn, H. (2004), ‘Multiple justiciable problems: common clusters, problem order and social and demographic indicators’, Journal of Empirical Legal Studies, 1: 2, 301–29.CrossRefGoogle Scholar
Rasbash, J., Steele, F., Browne, W. J. and Goldstein, H. (2009a), A User's Guide to MLwiN (Version 2.10), Centre for Multilevel Modelling, University of Bristol.Google Scholar
Rasbash, J., Charlton, C., Browne, W. J., Healy, M. and Cameron, B. (2009b), MLwiN Version 2.1, Centre for Multilevel Modelling, University of Bristol.Google Scholar
Robbennolt, J. K. and Studebaker, C. A. (2003), ‘News media reporting on civil litigation and its influence on civil justice decision making’, Law and Human Behaviour (Psychology in Civil Litigation series), 27: 1, 5–27.CrossRefGoogle ScholarPubMed
Ruck, M., Keating, D. P., Abramovitch, R. and Koegl, C. J. (1998), ‘Adolescents’ and children's knowledge about rights: some evidence for how young people view rights in their own lives’, Journal of Adolescence, 21: 3, 275–89.CrossRefGoogle ScholarPubMed
Saunders, L. E. (1975), ‘Collective ignorance: public knowledge of family law’, The Family Coordinator, 24: 1, 69–74.CrossRefGoogle Scholar
Silberman, C. (1970), Crisis in the Classroom, New York: Random House.Google Scholar
Social Exclusion Unit (2001), Preventing Social Exclusion, London: The Stationery Office.Google Scholar
Sommerlad, H. (2004), ‘Some reflections on the relationship between citizenship, access to justice and the reform of legal aid’, Journal of Law and Society, 31: 3, 345–68.CrossRefGoogle Scholar
Spiegelhalter, D. J., Best, N. G., Carlin, B. P. and van der Linde, A. (2002), ‘Bayesian measures of model complexity and fit’, Journal of the Royal Statistical Society, Series B (Statistical Methodology), 64: 4, 583–639.CrossRefGoogle Scholar
Tennant, R., Taylor, J. and Lewis, J.(National Centre for Social Research) (2006), Separating from Cohabitation: Making Arrangements for Finances and Parenting, London: Department for Constitutional Affairs.Google Scholar
Whitler, J. D. (1974), ‘Public legal education’, Journal of Family Law, 12: 269–92.Google Scholar
Williams, M. and Hall, J. (1972), ‘Knowledge of the law in Texas: socioeconomic and ethnic differences’, Law and Society Review, 7: 1, 99–118.CrossRefGoogle Scholar
Youth Access (2002), Rights to Access: Meeting Young People's Need for Advice, London: Youth Access.Google Scholar