Cardiff School of Law and Politics at Cardiff University supported by the ESRC Doctoral Training Partnership for Wales (Wales DTP), invites applications for funded PhD study. These particular studentships, known as ‘collaborative studentships’, involve liaison with a non-academic organisation, often at many key stages of the research programme. They will commence in October 2023. The following collaborative studentship is available:
Judicial Review in Wales: Understanding the Low Numbers of Social Care Challenges
Cardiff School of Law and Politics are a leading centre of socio-legal studies with a longstanding track record in empirical legal studies. Applications are invited from exceptional candidates with a first class or strong upper second class honours degree, or appropriate Master’s degree. The university values diversity and equality at all levels and encourages applications from all sections of the community, irrespective of age, disability, sex, gender identity, marital or civil partnership status, pregnancy or maternity, race, religion or belief and sexual orientation. In line with our commitment to supporting and promoting equality, diversity and inclusion, and to increase recruitment of currently underrepresented groups, applications from Black, Asian, and minority ethnic applicants, LGBTQ+ applicants, disabled applicants, and working class applicants are particularly encouraged and welcomed. We welcome applications for both full and part-time study, and studentships are available as either ‘1+3’ (i.e. one full time year of research training Masters followed by three years of full-time Doctoral study, or the part-time equivalent), or ‘+3’ (i.e. three years of full-time doctoral study or its part-time equivalent), depending on the needs of the applicant.
For further information please contact Dr Daniel Newman ([Email Address Removed]).
Application Deadline: 12:00pm GMT on 3rd February 2023.
RESEARCH DESCRIPTION
Judicial Review in Wales: Understanding the Low Numbers of Social Care Challenges
SUPERVISION
Dr Daniel Newman ([Email Address Removed]) and Dr Alison Tarrant ([Email Address Removed]).
NON-ACADEMIC ORGANISATION
Public Law Project
AIMS AND OBJECTIVES
The project will explore the specific reasons for the low rates of judicial review in Wales in the field of adult social care. Previous research has found that few judicial reviews are being brought in this area. This is echoed by a lack of other forms of challenge to social care decisions in Wales and England – a matter currently the subject of an inquiry by the Equality and Human Rights Commission. The findings of the project will inform the broader discussion about access to justice and the future of judicial review in Wales.
Likely research questions are:
- What is the level of legal advice on adult social care issues that is currently available within Wales in both the private and third sectors?
- Why are legal aid advice deserts in relation to social care occurring in Wales (or in relation to the law applicable in Wales) and what is their impact?
- Do legal practitioners fully understand the distinctions between social care law in Wales and in England?
- What is the level of knowledge among individuals in Wales as to their rights to bring social care challenges, and what are their opinions about the use of judicial review as a (potential) challenge mechanism in relation to the issues they face?
- What is the impact of discrimination regarding protected characteristics and intersectional disadvantage on the use of judicial review as a means of challenging social care decisions in Wales? How many and what type of complaints are being brought to local authorities about (the lack of) social care provision in Wales? Would judicial review be a valuable tool in resolving these issues?
- What issues are being brought to the ombudsman in Wales in relation to adult social care? Would judicial review be a valuable tool in resolving these issues and/or clarifying specific areas of legislation?
- What are the constitutional impacts for Wales, and the impacts on social justice, equality and human rights in Wales?
The project will use a mixed method approach and will include interviews with individuals using or seeking to use social care support; interviews with legal practitioners in Wales and England; freedom of information requests to local authorities and analysis of responses, and; thematic analysis of ombudsman reports.
The student will be working with Public Law Project. Public Law Project was established to ensure those marginalised through poverty, discrimination or disadvantage have access to public law remedies and can hold the state to account. They employ specialist lawyers who assist disadvantaged groups as well as expert academics and researchers. Public Law Project undertakes three distinct strands of activity: research and policy; providing training and support to lawyers, and legal casework.
Further details for ESRC Wales DTP Collaborative studentships
These studentships are ‘collaborative’ awards. Applicants should take careful consideration of the working title and description of the project, and may wish to contact the supervisors of the project Dr Daniel Newman ([Email Address Removed]) and Dr Alison Tarrant ([Email Address Removed]) for a discussion prior to applying.
WHAT THE STUDENTSHIP WILL COVER
Studentship Awards commence in October 2023 and will cover your tuition fees as well as a maintenance grant (currently £17,668 p.a. for 2022/23 for full-time students, updated each year); and includes access to an additional Research Training Support Grant (RTSG), though an element of this latter fund may be ‘pooled’ and require separate applications from 2023 onwards. There are other opportunities and benefits available to studentship holders, including an overseas fieldwork allowance (if applicable), internship opportunities, overseas institutional visits and other small grants.