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Droughts and Deserts: immigration legal aid in UK social policy

Droughts and Deserts: immigration legal aid in UK social policy
干旱和沙漠:英国社会政策中的移民法律援助
批准号:
ES/T005971/1
负责人:
Jo Wilding
金额:
$10.89万
依托单位:
依托单位国家:
英国
项目类别:
Fellowship
财政年份:
2019
资助国家:
英国
项目状态:
已结题
起止时间:
2019 至 --

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中文摘要
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英文摘要
High quality, free legal advice is critical for ensuring that people seeking asylum receive the protection they need; there is also a public interest in ensuring that any public service is cost-effective and of adequate quality. Legal aid practitioners and organisations are the only mechanism through which both of those interests can be met. My PhD research question was 'What is going on in the supply side of the market for asylum and immigration legal aid services?' The core projects for my post-doctoral work are to transition into the social policy field, using the insights from my research to influence policy and practice and taking them forward with further research.Numerous reviews have concluded that it is difficult to understand the relationships between cost, legal complexity, and quality in legal aid work, including the Carter Review of Legal Aid (2006), the Fundamental Legal Aid Review (commissioned in 2004 but never published:see Flood and Whyte 2006), Cape and Moorhead's report to the Legal Services Commission on drivers of demand (2005), the House of Commons Constitutional Affairs Select Committee (2007) and academic authors including socio-legal scholars (Moorhead 2004;Goriely 1998) and economists (Bevan, 1996;Gray et al 1999;Fenn et al 2007). My combination of social scientific and legal training enables me to apply concepts from economics and social policy to complex legal issues in a way which facilitates more robust and nuanced understanding of issues around demand, supply, quality and financial viability, which has been missing from these reviews of fragments of the system.In my PhD, I conceived the term 'advice drought' for areas where there appears to be adequate supply, but there is in fact a capacity crisis, arising in part because the Ministry of Justice and Legal Aid Agency have misunderstood demand and supply in this market. My PhD offers new models for understanding these concepts in context. At the same time, there is evidence that overall quality in the market is being driven down, creating a 'lemon market' (Akerlof 1970) which protects the market position of poor-quality providers and creates an explicit conflict between quality, financial viability and clients' access to advice. This application of the 'lemon market' metaphor to legal aid was another innovative element of my thesis and provides a clear explanation of the quality problems in legal aid, which the House of Commons Public Accounts Committee (2015) severely criticised the Legal Aid Agency for failing to understand.The fellowship will enable me to make the transition into a research career with a strong focus on influencing social policy, drawing together these skills. The first element of the fellowship will be working with a range of non-academic partners to enhance the impact of my research by disseminating the insights into the legal aid market through a 'horizontal', practice-focused network and using a Theory of Change approach to develop clear goals and pathways. This will mesh with the 'vertical' or policy-facing network which I am developing now through an advocacy project funded by Joseph Rowntree Charitable Trust.The second element is building a publication track record to disseminate the findings of my thesis, build up my academic network and consolidate my developing academic profile. The third element is a self-contained complementary research project comparing the existing findings with the position in Scotland, which operates a different legal aid regime within the same asylum legal system. This will contribute important new insights to the existing findings and also provide a solid foundation for further research applicable across mainland Britain.Each of these elements will feed into the fourth:funding applications for research grants including the ESRC's New Investigator scheme in order to take forward both my academic research career and this vital, but under-researched, area of social and economic policy.
期刊论文(10)
专著(0)
科研奖励(0)
会议论文
The Legal Aid Market - Challenges for Publicly Funded Immigration and Asylum Legal Representation
法律援助市场 - 公共资助移民和庇护法律代理面临的挑战
DOI: 10.2307/j.ctv1wnwtz1
发表时间: 2021
期刊:
影响因子: --
作者: [Wilding J]
通讯作者: Wilding J
Social Welfare and Immigration Legal Aid: Mapping need, provision and accessibility
  • 批准号:
    ES/W00691X/1
  • 项目类别:
    Research Grant
  • 资助金额:
    $31.08万
  • 财政年份:
    2022
  • 负责人:
    Jo Wilding
  • 依托单位:
海外基金