nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Oversensitive Officialdom
Tue 11-Aug-09 12:57 PM |
I don’t necessarily think that your positions are mutually exclusive. Gareth is absolutely right. The word “rights” in the phrase “welfare rights” is crucial and is there on purpose. As the Social Security system has developed, particularly since the growth of campaigning organizations in the 1960’s such as CPAG, legislative rights have slowly come to replace much that was discretionary. And this was important. Entitlement cannot be allowed to be in the largesse of officials, dependant on whim, grace and favour coloured by prejudice and value judgements. Rights are rights enjoyable by everyone equally and enforceable against the state absolutely.
However, advisers/representatives have a duty to get the best for their individual clients. If that means cultivating professional relationships with those within the system to speed up procedures or to co-operate in an individual case for the benefit of the client then I don’t see anything problematic with that and I do it all the time, as do others. This is a far cry from losing objectivity and compromising one’s willingness to stand firm, and, to insist that the law be rigorously applied in all cases, with justice guiding its hand. It ensures that if another person later comes to stand in my client’s shoes then he reaps the same rewards.
However, there will always be room for some discretion. There has to be as the interests of justice will demand that, in some areas, different cases attract different treatment (discretionary housing payments, for instance). But principles of public law have gradually developed to keep public officials in check to ensure their decisions are objectively based and thus are amenable to judicial review.
The point is that everyone has and knows his rights and can enforce them without fear or favour. This process must be lawful, transparent and not open to manipulation, intimidation, bribery or corruption. We are and must remain professionals at all times. Then are we able to sleep at night.
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