Systemic administrative failure Flashcards
1
Q
define systemic administrative failure?
A
- 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.
2
Q
What is systemic administrative failure?
A
- involve deep-seated structural flaws within administrative systems
- they are not one-off errors but recurrent systemic failures resulting from the administrative system
3
Q
What are the five factors that are featured within systemic failures?
A
- communication with individuals and stakeholders
- competent decisions and decision processes
- resources
- accountability
- system culture
4
Q
Medical assessments for disability benefits
A
- 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
5
Q
Benefit underpayments: the ESA transfer process
A
- 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
6
Q
Windrush scandal
A
- 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
7
Q
Special Educational Needs and Disability
A
- 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
8
Q
NHS Continuing Healthcare
A
- 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