Thomas, R. and Tomlinson, J.P. orcid.org/0000-0002-7385-3085 (2017) Mapping current issues in administrative justice: austerity and the ‘more bureaucratic rationality’ approach. Journal of Social Welfare & Family Law, 39 (3). pp. 380-399. ISSN 0964-9069
Abstract
This article critically reviews recent developments in the administrative justice system; in particular, it considers three key themes: improving initial decisions; administrative review; and the future of tribunals. In each of these areas, some aspects of administrative justice work well, but austerity has presented acute challenges in ensuring the fair and just treatment of people through restrictions upon legal aid; the withdrawal of some appeal rights; and the expansion of administrative review. Consequently, the system is moving away from a ‘legal’ model of administrative justice to the ‘bureaucratic rationality’ model, which focuses upon accurate and efficient implementation. However, the reality does not correspond with the goals of the model. Rather than accurate and efficient implementation of policy, what we find is poor decision-making made by junior officials with insufficient quality controls. Digitising tribunals may have potential benefits in terms of increased accessibility. Nonetheless, the prospects for administrative justice are weak.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2017 Taylor & Francis (Routledge). This is an author produced version of a paper subsequently published in Journal of Social Welfare and Family Law. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Administrative justice; initial decision-making; administrative review; tribunals; digitisation |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Funding Information: | Funder Grant number Economic and Social Research Council Impact Acceleration |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 18 Sep 2017 10:24 |
Last Modified: | 13 Sep 2018 00:38 |
Published Version: | https://doi.org/10.1080/09649069.2017.1363526 |
Status: | Published |
Publisher: | Taylor & Francis |
Refereed: | Yes |
Identification Number: | 10.1080/09649069.2017.1363526 |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:121300 |