Simon Halliday
Biographic Data
| ID | 4115282 |
|---|---|
| NAME | Simon Halliday |
| GIVEN NAMES | Simon |
| FAMILY NAME | Halliday |
| SIGNATURE | HALLIDAY S |
| AFFILIATIONS | Law School University of York and University of New South Wales |
| VERIFIED | No |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 66 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1995 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Person-centred process: Procedural fairness and Care Act 2014 needs assessments
This article examines the process of seeking social care needs assessments under the Care Act 2014 in England through the lens of procedural fairness theory. Drawing on interviews with 21 individuals with experiences of needs assessments, we identify the ‘process qualities’—the factors rooted in the literature on procedural fairness—that matter most to people navigating this critical front-line component of the social care system. Our analysis re…
Direct and vicarious administrative burden: Experiences of UK public services as Homes for Ukraine host
This article shows, through a study of hosts’ experiences of the UK’s Homes for Ukraine scheme, the ways in which sponsoring refugees can impose burdens on sponsors by virtue of the state’s administrative processes. Specifically, it shows how sponsors incur learning, compliance, and psychological costs from administrative burdens and that these burdens are encountered both directly, through their own engagements with public bodies, and vicariousl…
Governmental influence over rights consciousness: Public perceptions of the Covid‐19 lockdown
A focus on rights consciousness has become a mainstay of the socio‐legal study of law in everyday life. Such research, much of it critical in orientation, generally uses people's sense of grievance as its starting point. The consequent risk is that we elide rights consciousness with a sense of injustice. This article argues that there is merit for critical studies of legal consciousness in keeping these two things separate, and that this represen…
Whose procedural fairness
Thought on procedural fairness in administrative justice has traditionally focused on the relationship between public decision-makers and the person or group formally subject to the decision-making process. Yet, people who are not the direct subject of such processes but are, in various ways, able to access the experiences of others can also have salient and consequential experiences of procedural fairness. This article demonstrates empirically t…
Creative Non-compliance: Complying with the 'Spirit of the Law' Not the 'Letter of the Law' under the Covid-19 Lockdown Restrictions
This paper identifies a form of non-compliance with COVID-19 lockdown restrictions in the UK: “creative non-compliance”. Here, individuals justify breaking restrictions as meeting the “spirit of the law” if not the “letter of the law”. Drawing on interview and focus group data collected between April and August 2020, we outline this concept of “creative non-compliance,” detailing how: (i) our participants undertook a purposive construction of rul…
Social Rights in Europe in an Age of Austerity
Legal Compliance in Street‐Level Bureaucracy: A Study of UK Housing Officers
Street‐level bureaucratic theory is now at a fairly mature stage. The focus on street‐level bureaucrats as ultimate policymakers is now as familiar as it is important. Likewise, the parallel sociolegal study of the implementation of public law in public organizations has demonstrated the inevitable gap between law‐in‐the‐books and law‐in‐action. Yet, the success of these advances comes at the potential cost of us losing sight of the importance of…
Street‐Level Tort Law: The Bureaucratic Justice of Liability Decision‐Making
Most legal scholarship on tort focuses primarily on judicial decisions, but this represents only a limited aspect of tortious liability. The vast majority of decisions concerning tortious liability are made by bureaucrats. Unavoidably then, there are two tiers of justice in tort law. This article focuses on the lower tier – bureaucratic decision‐making – arguing that the justice of bureaucratic decisions on tort should be considered on its own te…
Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World by David Erdos
Street‐Level Bureaucracy, Interprofessional Relations, and Coping Mechanisms: A Study of Criminal Justice Social Workers in the Sentencing Process
This article builds on the work of Michael Lipsky and develops an argument about the significance of interprofessional working for street‐level bureaucracy. It presents an ethnographic analysis of criminal justice social workers writing presentence reports for the Scottish courts. Social workers' report writing for judges brought into relief issues of relative professional status. Social workers were uncertain of their place within the legal doma…
Shadow Writing and Participant Observation: A Study of Criminal Justice Social Work Around Sentencing
The study of decision‐making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio‐legal researchers get inside the heads of legal decision‐makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate t…
Adjudicating the Implementation of Homelessness Law: The Promise of Socio-Legal Studies
This paper offers a re-consideration of the contexts within which discretionary homelessness decision making takes place. Drawing on socio-legal studies, it is argued that one such context (which has regularly been ignored within the housing studies literature) is compliance with the law. Drawing on quantitative and qualitative data of internal reviews of homelessness decision making, the paper considers how far (and under what conditions) initia…
Institutional Racism in Bureaucratic Decision‐Making: A Case Study in the Administration of Homelessness Law
This article reports findings from an ethnographic research project which investigated the influence of judicial review experiences on the decision‐making processes of three heavily litigated local government agencies. The research focused on the administration of homelessness law in local government in England. However, the particular findings which emerged from fieldwork and which are discussed in this article concern institutional racism. ‘Ins…
Housing the Homeless: Administrative Law and the Administrative Process
Street‐Level Bureaucracy, Interprofessional Relations, and Coping Mechanisms: A Study of Criminal Justice Social Workers in the Sentencing Process
This article builds on the work of Michael Lipsky and develops an argument about the significance of interprofessional working for street‐level bureaucracy. It presents an ethnographic analysis of criminal justice social workers writing presentence reports for the Scottish courts. Social workers' report writing for judges brought into relief issues of relative professional status. Social workers were uncertain of their place within the legal doma…
Legal Compliance in Street‐Level Bureaucracy: A Study of UK Housing Officers
Street‐level bureaucratic theory is now at a fairly mature stage. The focus on street‐level bureaucrats as ultimate policymakers is now as familiar as it is important. Likewise, the parallel sociolegal study of the implementation of public law in public organizations has demonstrated the inevitable gap between law‐in‐the‐books and law‐in‐action. Yet, the success of these advances comes at the potential cost of us losing sight of the importance of…
Institutional Racism in Bureaucratic Decision‐Making: A Case Study in the Administration of Homelessness Law
This article reports findings from an ethnographic research project which investigated the influence of judicial review experiences on the decision‐making processes of three heavily litigated local government agencies. The research focused on the administration of homelessness law in local government in England. However, the particular findings which emerged from fieldwork and which are discussed in this article concern institutional racism. ‘Ins…
Shadow Writing and Participant Observation: A Study of Criminal Justice Social Work Around Sentencing
The study of decision‐making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio‐legal researchers get inside the heads of legal decision‐makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate t…
Adjudicating the Implementation of Homelessness Law: The Promise of Socio-Legal Studies
This paper offers a re-consideration of the contexts within which discretionary homelessness decision making takes place. Drawing on socio-legal studies, it is argued that one such context (which has regularly been ignored within the housing studies literature) is compliance with the law. Drawing on quantitative and qualitative data of internal reviews of homelessness decision making, the paper considers how far (and under what conditions) initia…
Direct and vicarious administrative burden: Experiences of UK public services as Homes for Ukraine host
This article shows, through a study of hosts’ experiences of the UK’s Homes for Ukraine scheme, the ways in which sponsoring refugees can impose burdens on sponsors by virtue of the state’s administrative processes. Specifically, it shows how sponsors incur learning, compliance, and psychological costs from administrative burdens and that these burdens are encountered both directly, through their own engagements with public bodies, and vicariousl…
Creative Non-compliance: Complying with the 'Spirit of the Law' Not the 'Letter of the Law' under the Covid-19 Lockdown Restrictions
This paper identifies a form of non-compliance with COVID-19 lockdown restrictions in the UK: “creative non-compliance”. Here, individuals justify breaking restrictions as meeting the “spirit of the law” if not the “letter of the law”. Drawing on interview and focus group data collected between April and August 2020, we outline this concept of “creative non-compliance,” detailing how: (i) our participants undertook a purposive construction of rul…
Street‐Level Tort Law: The Bureaucratic Justice of Liability Decision‐Making
Most legal scholarship on tort focuses primarily on judicial decisions, but this represents only a limited aspect of tortious liability. The vast majority of decisions concerning tortious liability are made by bureaucrats. Unavoidably then, there are two tiers of justice in tort law. This article focuses on the lower tier – bureaucratic decision‐making – arguing that the justice of bureaucratic decisions on tort should be considered on its own te…
Governmental influence over rights consciousness: Public perceptions of the Covid‐19 lockdown
A focus on rights consciousness has become a mainstay of the socio‐legal study of law in everyday life. Such research, much of it critical in orientation, generally uses people's sense of grievance as its starting point. The consequent risk is that we elide rights consciousness with a sense of injustice. This article argues that there is merit for critical studies of legal consciousness in keeping these two things separate, and that this represen…
Housing the Homeless: Administrative Law and the Administrative Process
Institutional Racism in Bureaucratic Decision‐Making: A Case Study in the Administration of Homelessness Law
This article reports findings from an ethnographic research project which investigated the influence of judicial review experiences on the decision‐making processes of three heavily litigated local government agencies. The research focused on the administration of homelessness law in local government in England. However, the particular findings which emerged from fieldwork and which are discussed in this article concern institutional racism. ‘Ins…
Adjudicating the Implementation of Homelessness Law: The Promise of Socio-Legal Studies
This paper offers a re-consideration of the contexts within which discretionary homelessness decision making takes place. Drawing on socio-legal studies, it is argued that one such context (which has regularly been ignored within the housing studies literature) is compliance with the law. Drawing on quantitative and qualitative data of internal reviews of homelessness decision making, the paper considers how far (and under what conditions) initia…
Shadow Writing and Participant Observation: A Study of Criminal Justice Social Work Around Sentencing
The study of decision‐making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio‐legal researchers get inside the heads of legal decision‐makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate t…
Street‐Level Bureaucracy, Interprofessional Relations, and Coping Mechanisms: A Study of Criminal Justice Social Workers in the Sentencing Process
This article builds on the work of Michael Lipsky and develops an argument about the significance of interprofessional working for street‐level bureaucracy. It presents an ethnographic analysis of criminal justice social workers writing presentence reports for the Scottish courts. Social workers' report writing for judges brought into relief issues of relative professional status. Social workers were uncertain of their place within the legal doma…
Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World by David Erdos
Street‐Level Tort Law: The Bureaucratic Justice of Liability Decision‐Making
Most legal scholarship on tort focuses primarily on judicial decisions, but this represents only a limited aspect of tortious liability. The vast majority of decisions concerning tortious liability are made by bureaucrats. Unavoidably then, there are two tiers of justice in tort law. This article focuses on the lower tier – bureaucratic decision‐making – arguing that the justice of bureaucratic decisions on tort should be considered on its own te…
Legal Compliance in Street‐Level Bureaucracy: A Study of UK Housing Officers
Street‐level bureaucratic theory is now at a fairly mature stage. The focus on street‐level bureaucrats as ultimate policymakers is now as familiar as it is important. Likewise, the parallel sociolegal study of the implementation of public law in public organizations has demonstrated the inevitable gap between law‐in‐the‐books and law‐in‐action. Yet, the success of these advances comes at the potential cost of us losing sight of the importance of…
Social Rights in Europe in an Age of Austerity
Whose procedural fairness
Thought on procedural fairness in administrative justice has traditionally focused on the relationship between public decision-makers and the person or group formally subject to the decision-making process. Yet, people who are not the direct subject of such processes but are, in various ways, able to access the experiences of others can also have salient and consequential experiences of procedural fairness. This article demonstrates empirically t…
Creative Non-compliance: Complying with the 'Spirit of the Law' Not the 'Letter of the Law' under the Covid-19 Lockdown Restrictions
This paper identifies a form of non-compliance with COVID-19 lockdown restrictions in the UK: “creative non-compliance”. Here, individuals justify breaking restrictions as meeting the “spirit of the law” if not the “letter of the law”. Drawing on interview and focus group data collected between April and August 2020, we outline this concept of “creative non-compliance,” detailing how: (i) our participants undertook a purposive construction of rul…
Direct and vicarious administrative burden: Experiences of UK public services as Homes for Ukraine host
This article shows, through a study of hosts’ experiences of the UK’s Homes for Ukraine scheme, the ways in which sponsoring refugees can impose burdens on sponsors by virtue of the state’s administrative processes. Specifically, it shows how sponsors incur learning, compliance, and psychological costs from administrative burdens and that these burdens are encountered both directly, through their own engagements with public bodies, and vicariousl…
Governmental influence over rights consciousness: Public perceptions of the Covid‐19 lockdown
A focus on rights consciousness has become a mainstay of the socio‐legal study of law in everyday life. Such research, much of it critical in orientation, generally uses people's sense of grievance as its starting point. The consequent risk is that we elide rights consciousness with a sense of injustice. This article argues that there is merit for critical studies of legal consciousness in keeping these two things separate, and that this represen…
Person-centred process: Procedural fairness and Care Act 2014 needs assessments
This article examines the process of seeking social care needs assessments under the Care Act 2014 in England through the lens of procedural fairness theory. Drawing on interviews with 21 individuals with experiences of needs assessments, we identify the ‘process qualities’—the factors rooted in the literature on procedural fairness—that matter most to people navigating this critical front-line component of the social care system. Our analysis re…
Political science (13 works) · Law (11 works) · Sociology (10 works) · Law (7 works) · Psychology (7 works) · Criminology (5 works) · Homelessness and Social Issues (5 works) · Law and economics (5 works) · Bureaucracy (4 works) · Business (4 works)