Systemic administrative failure

Question 1

define systemic administrative failure?

Answer 1

• a failure within legal or administrative systems that leads to widespread ineffeciencies or injustices.
• In a legal context, this can refer to situations where instiutional processes fail to uphold rights or deliver justice, impacting vulnerable populations.

Question 2

What is systemic administrative failure?

Answer 2

• involve deep-seated structural flaws within administrative systems
• they are not one-off errors but recurrent systemic failures resulting from the administrative system

Question 3

What are the five factors that are featured within systemic failures?

Answer 3

• communication with individuals and stakeholders
• competent decisions and decision processes
• resources
• accountability
• system culture

Question 4

Medical assessments for disability benefits

Answer 4

• department for Work and Pensions uses medical assessments to inform decisions about entitlements to disability benefits
• assessments are taken by healthcare professionals who work for the DWP’s private contractors
• assessments have featured many deficiencies
• the experience of many have been negative
• many have appealed to tribunals
• has exacerbated their health conditions for some
• 70% tribunal success rates
• Northern Ireland Public Services Ombudsman has found the assessment to bee by systemic maladministration

Question 5

Benefit underpayments: the ESA transfer process

Answer 5

• found that the DWP had significantly underpaid beneifts to 70,000 vulnerable ESA claimants for years
• transfer process from old style incapacity benefit to ESA was flawed
• led to underpayments which took 6 years to correct by DWP
• DWP ignored the error
• DWP only paid some of the benefits and no compensation for the lost value of passported benefits

Question 6

Windrush scandal

Answer 6

• denying immigrants access into the uk because of the governments lost paperwork
• was identified as a systemic failure
• department responded by forming a taskforce to improve and heavily critice a compensation scheme

Question 7

Special Educational Needs and Disability

Answer 7

• issued plans to make sure SEND kids have the best support
• many kids have been failed by the system
• delays, poor quality assessment and unlawful practices
• parents hav e to be constantly fighting for them
• lack of effective accountability

Question 8

NHS Continuing Healthcare

Answer 8

• package of care provided outside of hospitals to vulnerable adults with ongoing healthcare needs
• process is difficult to navigate and understand
• people who should have been found eligible have been denied
• delays, incorrect assessments leading people to pay significant funds