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Citizen Redress in Public Contracting for Human Services
Authors:Peter Vincent-Jones
Institution:Professor of Law, School of Law, University of Leeds
Abstract:This article examines from a regulatory perspective the legal position of citizens in respect of contracted out human services. It argues that the inadequate protection of individual interests and the public interest here is a reflection of increasingly complex relationships between the state and independent sectors, expressed in the essentially hybrid character of contemporary public service organisation. Accordingly a hybrid reform strategy, rather than one that attempts to extend or develop private or public law in any particular direction, is most likely to be successful in addressing associated legal governance problems. The attainment of improved redress for service recipients, and increased accountability of contractors and other parties engaged in human services networks, requires the careful tailoring of remedies to the conditions prevailing in particular sectors. The goal of responsive law should be to foster qualities of good administration and respect for fundamental public interest values within the whole range of regulated agencies and bodies performing public service functions.
Keywords:Responsive regulation and citizen redress  Citizen remedies and redress in contracted out human services  Public services regulation  Accountability of contractors in public and private law  Privatization  Quasi-market contracting for human services  Health and social care sectors  Contractual governance  Hybrid governance  'Remedial hierarchies'  'Contracting regimes'
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