How are you really?
Overcoming burnout and mental ill-health in the legal aid sector
Caroline Asken
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What motivates those of us who work in legal aid? For many, it is supporting people without a voice in an environment made harsh by spending cuts, systemic racism, and political scapegoating. We connect with extraordinary clients — we see their strength and resilience trying to overcome these challenges. Yet I believe we need to talk more about the costs we incur doing our work. These not only affect us as individuals, but also threaten to undermine the wider struggle for social justice.
Aside from the stress of the work itself, we in the legal aid sector must witness the suffering of our clients, figure out how best to help them without crossing unclear caring boundaries, and process all our feelings of guilt, helplessness, and just straight-out emotional fatigue. Due to the last decade of regressive government policy, we also need to do the above while fighting a system that wants our clients to fail. Eventually, unsurprisingly, many of us feel burnt out. And the system wins.
We need to look after ourselves in order to look after others, and we need a support structure that recognises this truth. “Caring for myself is not self-indulgence,” wrote the civil rights activist Audre Lorde, “it is self-preservation, and that is an act of political warfare.” By teaching ourselves the skills we need to recognise and resolve stress, by talking honestly about our mental health, by asking our employers and legal institutions for the right help and resources, we can better fight for our clients and make the legal aid sector more durable.
What is already available and what can you do?
- Attend confidential peer-support groups — or start your own. These can provide a space for reflection and help you to develop skills to support yourself. You can find solidarity with others in both your shared motivations and shared stresses, thereby validating your feelings and combating the feeling of isolation. One option available is Claiming Space, which provides resources and peer discussions on Vicarious Trauma.
- Request from your employer — or from Claiming Space or Samaritans — sessions in mental health first aid, and implement support strategies.
- Share and use resources available such as those available at LawCare.
The current legal aid environment threatens to break people with a passion for social justice and human rights. We must keep in mind that this is to do with culture and institutions, however — it is not you personally, alone. It will take time to change things but it is imperative that we do, both for ourselves and our clients.
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Something we need to change
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Hannah Smith talks about a Home Office rule that is having a severe impact on some people’s applications to stay in the UK - and what the AIRE Centre wants to do about it.
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Domestic Abuse Bill
The AIRE Centre was deeply disappointed by the House of Commons rejecting proposed amendments to the Domestic Abuse Bill that would have seen all domestic abuse survivors provided with support regardless of their immigration status. The migrant amendments proposed by the Lords also included extension of the Destitute Domestic Violence Concession and secure immigration status for all persons subject to immigration control. The defeat of this amendment by the Commons will continue to create a two-tier system in the UK where many victims of abuse will feel compelled to either remain in abusive relationships or risk insecure immigration status. The AIRE Centre continues to advocate for uniform protection and support to be provided to all victims of domestic abuse regardless of status, and for all survivors to be given a fair chance to escape violence and rebuild their lives in safety.
Fratila and another (Respondents) v Secretary of State for Work and Pensions
The AIRE Centre was granted permission to intervene by way of written submissions in the UK Supreme Court case of Fratila and another (Respondents) v Secretary of State for Work and Pensions (Appellant) (on appeal from [2020] EWCA Civ 1741).
The case concerns the compatibility of the Social Security (Income Related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 (the “2019 GB Regs”) with Article 18 TFEU. The 2019 GB Regs essentially have the effect of excluding from entitlement to various income-related benefits those with Limited Leave to Remain (‘pre-settled status’) under the EU Settlement Scheme.
The AIRE Centre filed our written intervention on 14th April 2021.The case is due to be heard before the UKSC on 18th and 19th May 2021.
UKNSF
The "EuroBrits" Norway team hosted a webinar on residence rights FAQs of UK nationals in Norway on 21st April. You can find a link to the recording of the webinar here.
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"Thank you for your very conclusive letter. The service at AIRE is excellent and it's really helpful having this sort of help."
A support worker who we helped with an EUSS application for a homeless client
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The AIRE Centre is a charity and we need donations to continue our work. Your help will allow us to provide more advice to vulnerable EEA nationals and their families
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