Page 111 - JUSTICE and AJC Report - Reforming Benefits Decision-Making

advice, people often feel forced to give up, or make errors leading to much
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slower resolution of their problems.
4.29 Evidence demonstrates that access to early advice leads to more effective
resolution of individuals’ problems. Research by Ipsos MORI on behalf of the
Law Society found that those “who did not receive early advice were, on
average, 20% less likely to have resolved their issue at a particular point in
time (compared to those who did receive early advice).” Given that people
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often experience ‘clusters’ of interrelated legal and non-legal issues
320
particularly around social welfare, debt, housing and health, early legal
advice also has economic benefits of reducing downstream costs for other
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public services.
4.30 There is therefore a clear role for expert advice in helping people understand
their potential social security entitlements and to navigate the application
process.

4.31 Advice is also crucial for helping people understand whether the decision they
have received is correct and therefore whether they should challenge it.
Advice is also needed so that claimants understand how to go about
challenging a decision. This is even more the case with the current two stage
appeals process, which we were told many claimants find confusing and too
tiring, stressful and detrimental to their health to go through alone. Advice at
the mandatory reconsideration stage is often critical to a successful outcome.
We were told by one adviser that his clients had been successful in all the

318 Ibid. p. 39. See also G. McKeever, M. Simpson and C. Fitzpatrick, Destitution and Paths to Justice
(see n. 3 above) p. 38 where interviewees struggled to identify what benefits might lift them out of
poverty.
319 Ipsos MORI, ‘Analysis of the potential effects of early advice/intervention using data from the
Survey of Legal Needs’, (November 2017) p. 6.
320 The Low Commission, Follow up report (see n. 3 above); G. McKeever, M. Simpson and C.
Fitzpatrick, Destitution and Paths to Justice (see n. 3 above) pp. 51-52
321 Research suggests that a typical young person with a civil legal problem will cost local health,
housing and social services around £13,000 if they cannot access early advice, Balmer, N.J. and
Pleasence, P., The Legal Problems and Mental Health Needs of Youth Advice Service Users (Youth
Access, 2012).

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