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Bloomsbury Publishing PLC The Appeal of Internal Review: Law Administrative Justice and the (non-) Emergence of Disputes by David Cowan Simon Halliday
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 studythe 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.show more