Cover of Cowan David Cowan, Halliday Simon Halliday: Appeal of Internal Review

Cowan David Cowan, Halliday Simon Halliday Appeal of Internal Review

Law, Administrative Justice and the (non-) Emergence of Disputes

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Bloomsbury Publishing

2003

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232

978-1-84731-238-9

1-84731-238-1

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Why do most welfare applicants fail to challenge adverse decisions despite a continuing sense of need? The book addresses this severely under-researched and under-theorised question. Using English homelessness law as their case study,the authors explore why homeless applicants did -- but more often did not -- challenge adverse decisions by seeking internal administrative review. They draw out from their data a list of the barriers to the take up of grievance rights. Further, by combining extensive interview data from aggrieved homeless applicants with ethnographic data about bureaucratic decision-making, they are able to situate these barriers within the dynamics of the citizen-bureaucracy relationship. Additionally, they point to other contexts which inform applicants' decisions about whether to request an internal review. Drawing on a diverse literature -- risk, trust, audit, legal consciousness, and complaints -- the authors lay the foundations for our understanding of the (non-)emergence of administrative disputes.

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