FOUR How digital administrative justice is made The recent MoJ and HMCTS digitalisation reforms, discussed in Chapter Three, have been developed primarily as an operational project. That is to say that, despite the reforms representing a major change to justice processes, there is expected to be comparatively little by way of substantive changes to the law (at least in the foreseeable future). The existing law will instead be given new practical enacting frameworks. This approach means that responsibility for deliberating on and developing digital
Available Open Access under CC-BY-NC licence. Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernisation of courts and tribunals whilst examining the effects of technology on established systems. Case studies investigate the rise of crowdfunded judicial reviews, the digitalisation of tribunals and the rise of ‘agile’ methodologies in building administrative justice systems. Joe Tomlinson’s cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption.
FIvE Conclusion Digitalisation in the context of the administrative justice system presents a wide variety of issues. The case studies in this book have demonstrated that. It is essential that the ongoing incursion of digital technology into administrative justice is not seen as some distinct field of interest and activity, but as part of the core business of those concerned with public law and administrative justice. There will be no satisfying overall answer or theory that can be developed in response to this incursion. In administrative justice
In recent years, the United Kingdom's Home Office has started using automated systems to make immigration decisions. These systems promise faster, more accurate, and cheaper decision-making, but in practice they have exposed people to distress, disruption, and even deportation.
This book identifies a pattern of risky experimentation with automated systems in the Home Office. It analyses three recent case studies including: a voice recognition system used to detect fraud in English-language testing; an algorithm for identifying ‘risky’ visa applications; and automated decision-making in the EU Settlement Scheme.
The book argues that a precautionary approach is essential to ensure that society benefits from government automation without exposing individuals to unacceptable risks.
This edition of Social Policy Review presents an extensive analysis of the coalition government’s social policies. In an expanded first section, experts in a range of policy areas analyse the rationale behind, and implications of, government reforms, whilst the second section examines education policy in an international context. It is essential reading for social policy academics and students and for anyone who is interested in the implications of government policy.
While ethics has been addressed in the health care literature, relatively little attention has been paid to the subject in the field of social care. This book redresses the balance by examining theory, research, policy and practice in both fields.
The analysis is set within the context of contemporary challenges facing health and social care, not only in Britain but internationally. Contributors from the UK, US and Australia consider ethical issues in health and social care research and governance; interprofessional and user perspectives; ethics in relation to human rights, the law, finance, management and provision; key issues of relevance to vulnerable groups such as children and young people, those with complex disabilities, older people and those with mental health problems and lifecourse issues - ethical perspectives on a range of challenging areas from new technologies of reproduction to euthanasia.
This book is intended for academics, students and researchers in health and social care who need an up-to-date analysis of contemporary issues and debates. It will also be useful to practitioners in the public, private and voluntary sectors, including social workers, community workers, those working in the fields of disability and mental health and with older people.
Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain.
Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues.
Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.
The processes for allocating places at secondary schools in England are perennially controversial. Providing integrated coverage of the policy, practice and outcomes from 1944 to 2012, this book addresses the issues relevant to school admissions arising from three different approaches adopted in this period: planning via local authorities, quasi-market mechanisms, and random allocation. Each approach is assessed on its own terms, but constitutional and legal analysis is also utilised to reflect on the extent to which each meets expectations and values associated with schooling, especially democratic expectations associated with citizenship.
Repeated failure to identify and pursue specific values for schooling, and hence admissions, can be found to underlie questions regarding the ‘fairness’ of the process, while also limiting the potential utility of judicial responses to legal actions relating to school admissions. The book adopts an interdisciplinary approach which makes it relevant and accessible to a wide readership in education, social policy and socio-legal studies.
The effects of COVID-19 are visited disproportionately on the already disadvantaged.
This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root.
Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.
Lurid headlines on every aspect of migration have been a consistent feature of the last decade, from worries over asylum seekers to concerns about unprecedented economic immigration from Eastern Europe.
This book presents the first comprehensive account of government policy on immigration over the last ten years, providing an in-depth analysis of policy and legislation since Tony Blair and New Labour were first elected. The account begins by placing policy change under Labour in their proper historical context, before examining the key policy themes - economic migration; security; integration; asylum; delivery - of the last decade.
Through an analysis of such policy themes, the author contends that immigration policy has undergone an intense and innovative transformation in the period from May 1997 to May 2007. Arguing that a more plural system of governance exists, the author challenges traditional accounts of policy development. By addressing the various influences on immigration policymaking, from globalisation, the European Union and the law, to politics, the media and the networks of special interests, he seeks to provide a holistic explanation for the transformation of immigration policy. The author concludes with an evaluation of Labour’s immigration reforms, and whether government policy can be judged a success.
The book will be of interest to policymakers, academics, students studying immigration, and readers interested in serious current affairs.