Administrative Justice in Street-Level Decision-Making

Author(s):  
Nadine Raaphorst

Street-level bureaucrats’ discretionary powers play an increasingly important role in public service provision and law enforcement. In order to deal with societal challenges, legislators and policy-makers leave room for professional judgment by formulating open laws, rules, and policies. In making responsive decisions, however, that is, when treating different cases differently, street-level bureaucrats do not necessarily attach less value to treating similar cases alike. This chapter discusses how two notions of fairness—treating similar cases alike and treating dissimilar cases differently—are studied in street-level bureaucracy literature, and sheds light on the factors that influence how bureaucrats behave in this regard. Subsequently, it is explored how street-level bureaucrats could enhance equality of treatment when rules run out. The chapter concludes with an agenda for future research.

Author(s):  
Tony Evans

In 1980 Michael Lipsky published “Street-level Bureaucracy,” arguing that public policy is often vague and imprecise, and relies on frontline workers to make sense of it on the ground in delivering public services. At the same time, the book is critical of frontline workers for not complying with policy in their use of discretion. Lipsky’s approach has influenced a great deal of subsequent analysis of public service provision, but continues to contain an unresolved tension at its core. If policy is vague, how can discretion be judged non-compliant against it? The street-level bureaucracy approach has tended to seek to resolve this tension by assuming that all public services are fundamentally the same and that all public service workers should use discretion in a particular way. While street-level bureaucracies—front line public services—are similar in that they are subject to policies, operate under conditions of inadequate resources, and afford frontline workers discretion in their work, there are also significant differences between types of public services in the ways they work with policy and the nature and extent of discretion of staff delivering the service. Different services do different things; the nature of the policy they work with varies, and the logic of provision and priorities vary between services. Policy, for instance, may refer to a precise set of instructions, or to setting out particular concerns or broad-brush commitments. Some services, such as benefits provision, are specified in detailed policy which not only sets out what they can do but also how decisions should be made. Others services, such as policing, are subject to a range of policies and concerns often expressed as conflicting demands that have to be balanced and managed in the particular circumstances of their application. And others, mainly human services, are primarily thought of in terms what the professionals within provide, and assumes a logic of service provision to be located in those providing the service. Policy is sometimes more explicit and discretion narrower; it is sometimes looser and relies more on discretion. It may, in some circumstances, be sufficient to refer to policy to understand what services are supposed to do; in other circumstances, policy alone provides a poor picture of what’s expected. Street-level bureaucracy analysis is too broad-brush and cannot capture the range of ideas of compliance in public services. It tends to equate policy with instruction and judgement with organizational thinking, and to see non-compliance as endemic in the use of discretion. In doing this, it fails to appreciate the variety of relationships between policy and public services; the varied extent of discretion in different settings, and the range of concerns and ethical commitments in different public services. Compliance in policy implementation needs to be sensitive to different types of public services and the subsequent variety of commitments and concerns of street-level bureaucrats in those public services.


2020 ◽  
pp. 009539972093381
Author(s):  
Hester L. Paanakker

From the unique perspective of perceptions of the frontline craft, this study examines value convergence between policy makers, managers, and street-level professionals ( N = 55). Toxic stereotyping between staff levels, exacerbated by restrictive organizational conditions, are shown to overshadow positive value convergence from socialization processes. In this Dutch prison study, public officials are consistently biased to believe that the management above them prioritizes targets (values that support the organization) over content (values that serve prison inmates). This explains how perceived role and value differences impact the actualization of shared values in public service delivery much more negatively than the actual differences.


Author(s):  
Einat Lavee

Abstract Street-level bureaucrats (SLBs) nowadays provide services under conditions of increased demand for public services coupled with scarcer financial resources. The literature that focuses on how workers adapt to this situation mainly examines their provision of formal resources as part of their job. What researchers have not systematically examined is the delivery of informal personal resources (IFRs) by street-level workers to clients. Understanding the provision of IFRs is particularly important when “no one is fully in charge” of public services. Drawing on 214 in-depth qualitative interviews with SLBs who provide education, health, and welfare services in the public sector in Israel, we found a remarkable range of IFRs they provided to clients. We also found that four main factors influencing the provision of IFRs: lack of formal resources; professional commitment; managerial encouragement; and a work environment whose values combine old and new approaches to public service. The findings contribute to the public administration literature by exposing how public service function in a somewhat vague reality, and they contribute to the SLB literature by highlighting the unrecognized component of informal service provision.


2021 ◽  
Vol 70 (99) ◽  
pp. 1-20
Author(s):  
Monika Senghaas ◽  
Sarah Bernhard

Zusammenfassung Arbeitsvermittler*innen wenden als Street-Level Bureaucrats die Bestimmungen des Sozialgesetzbuches II auf einzelne Bürger*innen an. Sie handeln dabei im Spannungsfeld der institutionellen Logiken von Dienstleistung und Kontrolle, die über die sogenannte Eingliederungsvereinbarung – einem Vertrag zwischen Jobcenter und Arbeitsuchenden – handlungsrelevant werden. Der Beitrag untersucht anhand standardisierter und qualitativer Befragungen von Arbeitsvermittler*innen, wie diese mit dem „doppelten Mandat“ des Dienstleistungs- und Kontrollauftrags umgehen und wie sie die Mehrdeutigkeiten der Eingliederungsvereinbarung in der Interaktion mit Arbeitsuchenden verarbeiten. Die Analyse zeigt, dass Arbeitsvermittler*innen fall- und prozessbezogen kooperative oder direktive Elemente der Eingliederungsvereinbarung akzentuieren. Sie beschreiben jedoch auch Fallkonstellationen, in denen sie ihren Entscheidungsspielraum zum Einsatz der Eingliederungsvereinbarung als unzureichend wahrnehmen oder in denen die Eingliederungsvereinbarung zu einer bürokratisch-leeren Übung wird. Abstract: Job Placement Between Service Provision and Control. A Multi-Method Study on Back-to-Work Agreements As street-level bureaucrats, jobcentre advisors apply the legal provisions of the Social Code II to individual cases. In doing so, they act along the institutional logics of counselling and control, which become relevant for action through the back-to-work agreement – a contract between jobcentre and jobseeker. Based on a standardised survey and qualitative interviews and group discussions in jobcentres, this article examines how jobcentre advisors reconcile the logics of service provision and control in their interaction with clients. It is shown that jobcentre advisors accentuate cooperative or directive elements of the back-towork-agreement on a case-by-case basis. They also describe constellations in which they perceive their discretion regarding the back-to-work agreement as insufficient or in which the back-to-work agreement becomes a bureaucratic and empty exercise.


2021 ◽  
pp. 009539972110616
Author(s):  
Maayan Davidovitz ◽  
Nissim Cohen

Which types of clients increase or decrease the trust of street-level bureaucrats (SLBs)? Using interviews and focus groups with two groups of Israeli social service providers—teachers and social workers—and comparing them, —we develop a theoretical framework for determining the types of clients who evoke and reduce the trust of SLBs. Our findings indicate that there are seven types of clients who inspire or diminish this trust: —cooperative, honest, familiar, benevolent, aggressive, open, and manipulative. We discuss the significance of our findings for the implementation and outcome of public policy and suggest several avenues for future research.


2018 ◽  
Vol 49 (5) ◽  
pp. 1317-1332
Author(s):  
Joris De Corte ◽  
Jochen Devlieghere ◽  
Griet Roets ◽  
Rudi Roose

Abstract In this article, we focus on how social workers use their agency when implementing top-down policy measures as street-level bureaucrats. We report on findings of a case study that was conducted in Flanders, the Dutch-speaking region of Belgium, about the top-down introduction of an electronic information system (IS) in the field of Child Welfare and Protection (CWP). Starting from insights derived from neo-institutional theory, we explore how social workers perform a role as so-called ‘institutional entrepreneurs’ by initiating critical reflections about policy rationales. In our contribution, we show that, despite social workers’ awareness of being embedded in their own field or service area, they use their field-level expertise and day-to-day experiences to disengage from this context as well. Besides unravelling the lack of coherence informing the IS’s initial ambitions of transparency and efficiency, they constantly (re)frame their views and explain their alternative ideas with the aim of convincing other social workers and managers. In this vein, we conclude by highlighting the importance of ‘distributed’ forms of agency that involve a gradual process, which is co-produced by social workers as street-level bureaucrats in close collaboration with service users, other professionals, other organisations and policy makers.


Author(s):  
Jean-Michel Bonvin ◽  
Luca Perrig

This chapter seeks to evaluate welfare-to-work policies in Switzerland through the lens of the theory of non-domination, using the theoretical tools developed by the capability approach and the French economy of conventions. Particular attention is paid to the normativity that is conveyed at each of the three stages of the policy-making process: its design by policy-makers and high civil servants, its implementation by street-level bureaucrats, and its reception by users and beneficiaries. The economy of conventions allows for a discussion of the multiple senses of justice that are embedded in the policy instruments going down the line of implementation, and the capability approach is fruitfully mobilised in assessing the various vectors of constraint and domination that may be imposed on each actor of the policy cycle. Domination is thus conceived as emerging from considerations of desert that are imposed on street-level bureaucrats and welfare recipients. Combining qualitative research and theoretical insights, this chapter suggests that allowing a greater margin for manoeuver to street-level bureaucrats may empower recipients by facilitating the convergence of interests and thus minimising the domination that a bureaucratic apparatus frequently entails.


Sign in / Sign up

Export Citation Format

Share Document