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The Appeal of Internal Review
By
David Cowan and Simon Halliday
Description
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.
Dave Cowan is Professor of Law and
Policy in the School of Law, Bristol University.
Simon Halliday is the Nicholas de B
Katzenbach Research Fellow at the Centre for Socio-Legal Studies,
Oxford University.
Caroline Hunter is a Senior Lecturer in
Housing Law at the School of Environment and Development, Sheffield
Hallam University.
Paul Maginn is a Post-doctoral Research
Fellow, Centre for Social Research, Edith Cowan University, Western
Australia.
Lisa Naylor was formerly a Research
Assistant at the Centre for Regional Economic and Social Research at
Sheffield Hallam University.
Contents
List of Tables
1 Introduction 1
2 Homelessness Law and Internal Review
in Context 19
3 Southfield Council 39
4 Brisford Council 79
5 Understanding the Failure to Pursue
Internal Review 111
6 Understanding the Pursuit of
Internal Review 151
7 Lawyers and Other Coping
Strategies 177
8 Conclusion 199
Bibliography 213
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