The Appeal of Internal Review: Law, Administrative Justice and the (non-) Emergence of Disputes
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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HOMELESSNESS LAW AND INTERNAL REVIEW IN CONTEXT
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administrative justice Allocations Officer appeal applicant's application process areas authority barriers Berthoud Boonah Brisford cants Casework Team cent chapter Charter Mark Council database deci decision letter decision-letter decision-making practices discourse eviction example explored failure to pursue Families Team fieldwork formal further Genn grievance homeless applicants Homeless Persons Homelessness Act 2002 homelessness decision-making homelessness law hostel Housing Act 1996 interaction internal review process internal review request interview sample judicial review lawyers legal advice legal representation nal review negative decision offer of accommodation offer of housing particular pressure Principal Reviews Officer priority need pursue internal review reasons Refusals Panel relation relationship Resettlement Team officers response right to internal right to review risk Sainsbury sampling frame scepticism seek legal senior officer social solicitors Southfield stage statutory internal review strategies suggest suitability take-up temporary accommodation things tion trust understanding welfare applicants