Reimagining Administrative Justice: Human Rights in Small Places PDF
Preview Reimagining Administrative Justice: Human Rights in Small Places
Reimagining Administrative Justice Human Rights in Small Places Margaret Doyle Nick O’Brien Reimagining Administrative Justice Margaret Doyle • Nick O’Brien Reimagining Administrative Justice Human Rights in Small Places Margaret Doyle Nick O’Brien University of Essex University of Liverpool London, UK Stockport, UK ISBN 978-3-030-21387-9 ISBN 978-3-030-21388-6 (eBook) https://doi.org/10.1007/978-3-030-21388-6 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the pub- lisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institu- tional affiliations. Cover illustration: Pattern © Harvey Loake This Palgrave Pivot imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland In memory of: Dorothy Doyle (1929–2018) and James Doyle (1927–2002) Maureen O’Brien (1925–1995) and Daniel O’Brien (1919–2009) P reface This book comes from the head and from the heart: it is the result of per- sonal experience and reflection. We have been involved in the worlds of administrative justice and human rights as researchers and practitioners in the UK for many years. We have observed developments in both with mixed feelings, optimistic at times and at other times despondent. We are conscious that administrative justice is at a turning point now. It is exciting that new literature is exploring themes such as decision-making, digitalisa- tion, and public inquiries from fresh perspectives. Public scandals like the Grenfell Tower fire, the Windrush generation, and Hillsborough have brought these issues to national attention and highlighted the interaction between social rights and administrative justice, giving scope to a richer understanding of the citizen-and-state relationship. Challenges such as the reform of social security benefits with the introduction of Universal Credit illustrate the links between poverty and a political agenda of austerity. Long-awaited reform of the Westminster and England public sector ombuds has stalled and looks set to be disappointingly unambitious. It is therefore timely to contribute an intellectual challenge to settled thinking. Our established ways of looking at administrative justice have not brought about the change needed in these times. This book is an attempt to put forward a constructive, perhaps unexpected, vision. It draws on design culture and connects administrative justice in particular with developments in post-war planning, housing and the public realm more generally. It is also an attempt to forge an alliance between social rights and administrative justice, which have for the most part been ships that pass in the night. vii viii PREFACE The book makes no claim to be an empirical study or comprehensive analysis of the field, but instead constitutes an invitation to further explo- ration. It is in the spirit of the urban explorer, or flaneur/flaneuse, that we have engaged with the issues, and it is with the receptiveness of the brico- leur that we have responded to the environment and incorporated unex- pected metaphors that we believe assist in the task of creative reimagining. We offer this book quite simply as a prompt to further deliberative discus- sion—open, inclusive and receptive to many voices. London, UK Margaret Doyle Stockport, UK Nick O’Brien a cknowledgements We would like to thank the following people for their valuable comments on drafts of this book: Brian Thompson, Naomi Creutzfeldt, Nazia Latif, Oliver Marshall, and Poornima O’Brien. ix c ontents 1 I ntroduction 1 2 A Social Democratic Vision 13 3 A Neoliberal Eclipse 31 4 Designing for Democratic Engagement 51 5 Ombud Technique as Demosprudential 71 6 The Demosprudential Ombud in Practice 89 7 Administrative Justice: A Demosprudential Fabric 109 8 The Politics of Administrative Justice 131 References 145 Index 159 xi a bbreviations AJTC Administrative Justice and Tribunals Council CAJTW Committee for Administrative Justice and Tribunals Wales CEDR Centre for Effective Dispute Resolution EHRC Equality and Human Rights Commission HMCTS Her Majesty’s Courts and Tribunals Service ILPA Immigration Law Practitioners Group LGO Local Government Ombudsman LGSCO Local Government and Social Care Ombudsman MOJ Ministry of Justice MOP Modern Ombudsman Practice NAO National Audit Office NPM New Public Management NIHRC Northern Ireland Human Rights Commission NIO Northern Ireland Ombudsman NIPSO Northern Ireland Public Services Ombudsman OIA Office of the Independent Adjudicator PACAC Public Administration and Constitutional Affairs Select Committee PASC Public Administration Select Committee PHSO Parliamentary and Health Service Ombudsman PSOW Public Services Ombudsman for Wales SEND Special educational needs and disabilities SPSO Scottish Public Services Ombudsman UDHR Universal Declaration of Human Rights UKAJI UK Administrative Justice Institute xiii
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