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Citizen Redress in Public Contracting for Human Services
Authors:Peter Vincent-Jones
Affiliation: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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