Post by Patrick Torsney on Dec 15, 2010 12:58:44 GMT 1
What is interesting about publicly funded advice is that, in many instances, it occurs within a framework of support and assistance that is not paid for out of the legal aid budget nor condoned as 'legal work' in any case. One positive consequence of this is that, where successful, the person assisted does not end up back in the same situation again within a short time once again needing publicly funded assistance
The case study below is from Advocacy in Wirral (AIW), who provides publicly funded Welfare Benefits advice. The cost to the public purse for helping Karen was £167. Should the proposals to reform legal aid go ahead as planned, and the whole of the Welfare Benefits category of law removed from scope of funding, Karen would not be able to get this assistance. This is a true story of someone assisted a couple of months ago, please read on
Our client, whom we shall call Karen is a 47 year old female, living in the Wirral area with her son and daughter aged 17 and 14 respectively.
On referral she had a diagnosis of depression and anxiety and the main issues on which she and I were to work was that she had had been turned down for employment and support allowance (ESA) and housing as she had been given a repossession date for her home due to non- payment of mortgage.
At the initial meeting we completed the AIW paperwork, and it was stressed to Karen that she would be taking control of decisions made, although we would support her through those. As part of the initial set up paperwork, Karen and I signed the client agreement so that she was clear about what he could expect from the service. We also discussed confidentiality and Karen agreed to AIW’s policy both verbally and in writing.
Karen was allowed to talk freely about her situation and described how she had been in a very abusive 15 year marriage until 2 years previously when she had gained the strength to end the relationship. She described how her former husband still remained in control of her life, still having keys to her house, the former family home, and access to the children.
The last physical beating that she had received had been approximately 2 months prior to our initial meeting. She described struggling with the after effects of being controlled and beaten over such a sustained period of time.
An action plan was discussed with Karen and it was agreed that we would work on three issues, finding a new home for her and her two children, appealing against the Department of Works and Pension’s (DWP) decision not to award her ESA and gaining her access to services to improve her confidence and help her take control of the anxiety and depression.
We completed the initial paperwork to start the appeal process off and looked at the kind of properties that Karen would be able to afford to rent. A brief Cognitive Behavioural Therapy assessment was also undertaken and a referral for Talking Changes, the local Primary Care Mental Health Team, was also completed and sent off.
During the appointment Karen appeared to have a realisation that the date for repossession of the former family home was looming and also that when she found a new home her ex husband would not have a key and therefore would not be able to enter the property without her permission. She made an undertaking to take control of the situation and find a new home, that she would be happy to move into with her children, before the repossession date, which she then went on to do.
She described moving into her new home as a turning point for her emotionally and actively engaged with services making statements such as “my kids deserve better than a sad excuse of a mother just lying there waiting to die”.
Finally, nine months after our initial meeting we attended a tribunal for her ESA together. I was amazed to find a lady waiting for me in the waiting room who was smartly dressed, had washed her hair and was wearing make-up, and was utterly delighted when she told me that she felt that she had made that much progress that she had signed off Employment Support Allowance the previous day and had gone on to Job Seekers Allowance.
Karen won the appeal and is currently sourcing some voluntary work to ease herself back into the job market gently.
In total, AIW received £167 + VAT for this case as a fixed fee from the Legal Services Commission upon the case being closed
The case study below is from Advocacy in Wirral (AIW), who provides publicly funded Welfare Benefits advice. The cost to the public purse for helping Karen was £167. Should the proposals to reform legal aid go ahead as planned, and the whole of the Welfare Benefits category of law removed from scope of funding, Karen would not be able to get this assistance. This is a true story of someone assisted a couple of months ago, please read on
Our client, whom we shall call Karen is a 47 year old female, living in the Wirral area with her son and daughter aged 17 and 14 respectively.
On referral she had a diagnosis of depression and anxiety and the main issues on which she and I were to work was that she had had been turned down for employment and support allowance (ESA) and housing as she had been given a repossession date for her home due to non- payment of mortgage.
At the initial meeting we completed the AIW paperwork, and it was stressed to Karen that she would be taking control of decisions made, although we would support her through those. As part of the initial set up paperwork, Karen and I signed the client agreement so that she was clear about what he could expect from the service. We also discussed confidentiality and Karen agreed to AIW’s policy both verbally and in writing.
Karen was allowed to talk freely about her situation and described how she had been in a very abusive 15 year marriage until 2 years previously when she had gained the strength to end the relationship. She described how her former husband still remained in control of her life, still having keys to her house, the former family home, and access to the children.
The last physical beating that she had received had been approximately 2 months prior to our initial meeting. She described struggling with the after effects of being controlled and beaten over such a sustained period of time.
An action plan was discussed with Karen and it was agreed that we would work on three issues, finding a new home for her and her two children, appealing against the Department of Works and Pension’s (DWP) decision not to award her ESA and gaining her access to services to improve her confidence and help her take control of the anxiety and depression.
We completed the initial paperwork to start the appeal process off and looked at the kind of properties that Karen would be able to afford to rent. A brief Cognitive Behavioural Therapy assessment was also undertaken and a referral for Talking Changes, the local Primary Care Mental Health Team, was also completed and sent off.
During the appointment Karen appeared to have a realisation that the date for repossession of the former family home was looming and also that when she found a new home her ex husband would not have a key and therefore would not be able to enter the property without her permission. She made an undertaking to take control of the situation and find a new home, that she would be happy to move into with her children, before the repossession date, which she then went on to do.
She described moving into her new home as a turning point for her emotionally and actively engaged with services making statements such as “my kids deserve better than a sad excuse of a mother just lying there waiting to die”.
Finally, nine months after our initial meeting we attended a tribunal for her ESA together. I was amazed to find a lady waiting for me in the waiting room who was smartly dressed, had washed her hair and was wearing make-up, and was utterly delighted when she told me that she felt that she had made that much progress that she had signed off Employment Support Allowance the previous day and had gone on to Job Seekers Allowance.
Karen won the appeal and is currently sourcing some voluntary work to ease herself back into the job market gently.
In total, AIW received £167 + VAT for this case as a fixed fee from the Legal Services Commission upon the case being closed