Destitution and paths to justice

Research output: Book/ReportCommissioned report

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Abstract

This report, jointly commissioned by The Legal Education Foundation and The Joseph Rowntree Foundation, is one of a number of parallel reports published alongside Fitzpatrick et al’s (2018) research “Destitution in the UK”. Fitzpatrick et al’s (2018) research estimates that: “approximately 1,550,000 people, 365,000 of them children, were destitute in UK at some point over the course of 2017” (Fitzpatrick et al. 2018:2). This report explores the role of the law and access to legal services (or lack thereof) in creating pathways into, and out of, destitution.

The key recommendations are as follows:

A statutory duty on destitution should be created: Primary legislation should establish a clear definition of destitution and a duty on public bodies to protect all persons lawfully present in the UK from destitution.
Legal services should be co-located with other crisis and support services: Co-locating services would reduce referral fatigue and improve the ability of advisors to intervene earlier. The resourcing of legal services is vital in order to render any statutory duty to prevent destitution meaningful.
Government should be placed under a positive duty to facilitate access to social security: The government should be placed under a positive duty to ensure that individuals are receiving the social security benefits they are entitled to. This would require government to address systemic issues in the administration of benefits.
Original languageEnglish
PublisherLegal Education Foundation
Number of pages95
Publication statusPublished - 7 Jun 2018

Keywords

  • Destitution
  • Access to justice
  • Social security
  • Poverty
  • Legal Need
  • Welfare state

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  • Activities

    • 6 Invited talk
    • 3 Participating in a conference, workshop, ...
    • 3 Oral presentation

    Administrative Justice and Human Rights

    Ciara Fitzpatrick (Speaker), & Grainne Mc Keever (Speaker)

    24 Jun 2020

    Activity: Talk or presentationInvited talk

    AJC/Justice working group on benefit decision making

    Grainne Mc Keever (Participant)

    2020 → …

    Activity: Participating in or organising an eventParticipating in a conference, workshop, ...

    Public law and administrative decision-making: where next for research on frontline officials

    Mark Simpson (Participant)

    12 Oct 2018

    Activity: Participating in or organising an eventParticipating in a conference, workshop, ...

    Research Output

    • 2 Article
    • 1 Other contribution

    Conditionality, discretion and TH Marshall’s ‘right to welfare’

    Fitzpatrick, C., McKeever, G. & Simpson, M., 4 Sep 2019, In : Journal of Social Welfare and Family Law. 41, 4, p. 445-462 18 p.

    Research output: Contribution to journalArticle

  • 2 Citations (Scopus)
    Open Access
    File
  • "Designed to reduce people... to complete destitution": human dignity in the active welfare state

    Simpson, M., 16 Dec 2014, (Accepted/In press) In : European Human Rights Law Review. 2015, 1, p. 66-77

    Research output: Contribution to journalArticle

    Open Access
    File
  • Cite this