By the same authors

From the same journal

From the same journal

Legal Compliance in Street-Level Bureaucracy: A Study of UK Housing Officers

Research output: Contribution to journalArticle

Full text download(s)

Published copy (DOI)

Author(s)

Department/unit(s)

Publication details

JournalJournal of Law and Policy
DateE-pub ahead of print - 3 Dec 2015
DatePublished (current) - Jan 2016
Issue number1
Volume38
Pages (from-to)81-95
Early online date3/12/15
Original languageEnglish

Abstract

Street-level bureaucratic theory is now at a fairly mature stage. The focus on street-level bureaucrats as ‘ultimate policymakers’ is now as familiar as it is important. Likewise, the parallel socio-legal study of the implementation of public law in public organisations has demonstrated the inevitable gap between law-in-the-books and law-in-action. Yet, the success of these advances comes at the potential cost of us losing sight of the importance of law itself. This article analyses some empirical data on the decision-making about one legal concept - ‘vulnerability’ in UK homelessness law. Our analysis offers two main contributions. First, we argue that, when it comes to the implementation of law, the legal abilities and propensities of the bureaucrats must be taken into account. Bureaucrats’ abilities to understand legal materials make a difference to the likelihood of legal compliance. Second, we must also pay attention to the character of the legal provisions. Where a provision is simple, it is more likely
to facilitate legal knowledge and demands nothing of bureaucrats in terms of legal
competence. Where the provision is also ‘inoffensive’ and ‘liveable’ it is less likely to act as an impediment to legal conscientiousness

Bibliographical note

© 2015 Authors. This is an author produced version of a paper published in Law & Policy. Uploaded in accordance with the publisher's self-archiving policy.

Activities

Discover related content

Find related publications, people, projects, datasets and more using interactive charts.

View graph of relations