Cruel, Inhuman or Degrading Treatment? Benefit Sanctions in the UK
The book subjects the largely hidden phenomenon of benefit sanctions in the UK to sustained examination and critique. It comprises twelve chapters dealing with the terms ‘cruel’, ‘inhuman’ and ‘degrading’ that are used as a benchmark for assessing benefit
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CRUEL, INHUMAN OR DEGRADING TREATMENT? Benefit Sanctions in the UK
Michael Adler
Palgrave Socio-Legal Studies Series Editor Dave Cowan School of Law University of Bristol Bristol, UK
The Palgrave Socio-Legal Studies series is a developing series of monographs and textbooks featuring cutting edge work which, in the best tradition of socio-legal studies, reach out to a wide international audience. More information about this series at http://www.palgrave.com/gp/series/14679
Michael Adler
Cruel, Inhuman or Degrading Treatment? Benefit Sanctions in the UK
Michael Adler School of Social and Political Science University of Edinburgh Edinburgh, UK
Palgrave Socio-Legal Studies ISBN 978-3-319-90355-2 ISBN 978-3-319-90356-9 (eBook) https://doi.org/10.1007/978-3-319-90356-9 Library of Congress Control Number: 2018939715 © The Editor(s) (if applicable) and The Author(s) 2018 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: Pattern adapted from an Indian cotton print produced in the 19th century Printed on acid-free paper This Palgrave Pivot imprint is published by the registered company Springer International Publishing AG part of Springer Nature The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Contents
1 Introduction 1 2
Benefit Sanctions as a Matter of Public Concern 9
3
The Historical Development of Benefit Sanctions in the UK 21
4
Changes in the Scope, Severity and Incidence of Benefit Sanctions 45
5
Conditionality and the Changing Relationship between the Citizen and the State 63
6
The Impact and Effectiveness of Benefit Sanctions 73
7
Benefit Sanctions and Administrative Justice 87
8
The Role of Law in Protecting the Right to a Social Minimum 107
9
A Comparison of Benefit Sanctions with Court Fines 115
10 Benefit Sanctions and the Rule of Law 129 v
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