Homelessness and the ‘over-judicialisation’ of welfare
Homelessness and the ‘over-judicialisation’ of welfare
Members of the senior judiciary have expressed concern about the ‘over-judicialisation’ of welfare in the context of homelessness decision-making and adjudication. This paper examines how those fears have been manifested and makes a link with the concept of proportionate dispute resolution (PDR). It argues that the statutory scheme incorporates elements of PDR and judges should therefore refrain from introducing additional layers. The courts’ denial of the application of Article 6 of the European Convention on Human Rights to the homelessness context is disputed, and the paper makes the case for continuing rigorous judicial oversight of front-line decision-making, recommending that attention is focused on assessing
procedural safeguards rather than disputing the ambit of Article 6.
Laurie, Emma
c1dd220c-d784-4d82-a3ae-c6cdedd48a18
Laurie, Emma
c1dd220c-d784-4d82-a3ae-c6cdedd48a18
Laurie, Emma
(2020)
Homelessness and the ‘over-judicialisation’ of welfare.
Legal Studies.
(doi:10.1017/lst.2020.22).
(In Press)
Abstract
Members of the senior judiciary have expressed concern about the ‘over-judicialisation’ of welfare in the context of homelessness decision-making and adjudication. This paper examines how those fears have been manifested and makes a link with the concept of proportionate dispute resolution (PDR). It argues that the statutory scheme incorporates elements of PDR and judges should therefore refrain from introducing additional layers. The courts’ denial of the application of Article 6 of the European Convention on Human Rights to the homelessness context is disputed, and the paper makes the case for continuing rigorous judicial oversight of front-line decision-making, recommending that attention is focused on assessing
procedural safeguards rather than disputing the ambit of Article 6.
Text
1a_LST2000022_PRF EL comments July 2020
- Accepted Manuscript
More information
Accepted/In Press date: 29 July 2020
Identifiers
Local EPrints ID: 443439
URI: http://eprints.soton.ac.uk/id/eprint/443439
ISSN: 0261-3875
PURE UUID: 8dfe1602-5387-4de2-9f8d-714610599fa9
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Date deposited: 25 Aug 2020 16:33
Last modified: 17 Mar 2024 02:48
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