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The Appeal of Internal Review

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

By: David Cowan, Simon Halliday
Media of The Appeal of Internal Review
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Published: 07-10-2003
Format: Hardback
Edition: 1st
Extent: 232
ISBN: 9781841133836
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £49.00
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About The Appeal of Internal Review

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.

Table Of Contents

1 INTRODUCTION

2 HOMELESSNESS LAW AND INTERNAL REVIEW IN CONTEXT

3 SOUTHFIELD COUNCIL

4 BRISFORD COUNCIL

5 UNDERSTANDING THE FAILURE TO PURSUE INTERNAL REVIEW

6 UNDERSTANDING THE PURSUIT OF INTERNAL REVIEW

7 LAWYERS AND OTHER COPING STRATEGIES

8 CONCLUSION

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