The findings of this research point to the continued need to put users at the centre of Department of Justice policy, and the policy of relevant sponsoring Departments, through the implementation of proportionate dispute resolution processes. The recommendations of this report are accordingly structured to align with the progressive stages of proportionate dispute resolution.
Recommendation 1Users must be the focus of the Department of Justice and its policy and executive units in relation to tribunals and administrative justice. Where tribunals are not administered by the Department of Justice, tribunal users must be the focus of their sponsoring Departments.
Introduction How is destitution defined in law? The legal definition and the JRF definition The state's duty to prevent/relieve destitution A legal perspective on routes into destitution Social security Debt Housing Social security and destitution Legal support for problems of destitution Case studies on destitution and paths to justice Key recommendations 1. A statutory duty on destitution 2. Resourcing legal interventions 3. Access to social security Emerging recommendations on debt and housing Further research appreciating that they have a justiciable problem is offset by the inability to secure advice and support to deal with that problem and the underlying causes, compounded by the extraordinary difficulties the individual faces in managing their destitute circumstances. Three main recommendations emerge from the data to deal with this. First, resource advice services to identify problem clusters, rather than only being able to focus on the problems their service can assist with. Second, provide partial reinstatement of legal aid funding to support preventative and remedial action that will help avoid destitution, primarily in the areas of housing, debt and social security, particularly appeals against sanctions. Third, co-locate legal and health services and enable crisis and support workers to identify justiciable issues that clients need help to deal with.
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