The appeal of internal review

Document Type

Book

Publisher

Hart Pub

Place of Publication

Oxford ; Portland, Or

Faculty

Faculty of Community Services, Education and Social Sciences

School

School of International, Cultural and Community Studies

RAS ID

2607

Comments

Cowan, D., & Halliday, S. (2003). The appeal of internal review : Law, administrative justice, and the (non- ) emergence of disputes. Oxford: Hart Pub.

ISBN: 1841133833

Abstract

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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