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Holmsten, Emma

Start date:
September 2023
Research Topic:
Judicial Review: Understanding the Low Numbers of Social Care Challenges in Wales
Research pathway:
Empirical Studies in Law
Research Supervisor:
Dr Daniel Newman and Dr Alison Tarrant
Supervising school:
Cardiff University
Primary funding source:
ESRC DTP Wales
External Sponsor:
Public Law Project
Research keywords:
Access to justice; Judicial review; LASPO; legal aid; public law; social care law; Wales

I’m a 1+3 student at Cardiff University, based at the School of Law and Politics, but can most often be found at my desk in the Wales Governance Centre. My primary research interests surround access to justice, disability studies, safeguarding, advocacy and the rights of children. My PhD thesis is on Judicial Review and Social Care Law in Wales:

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) made provision for a substantive funding cut to Legal Aid. Most of social welfare law issues now do not qualify for Legal Aid, which presents affordability issues for potential claimants and a lack of capacity amongst the legal practitioners.

Studies have also shown that the Welsh population are less likely to enforce their legal rights compared to people in most areas of England, and it is further suggested that the Welsh population are more inclined to use other means to resolve civil disputes, but that there is no clear understanding of why this is the case (Nason & Edwards 2021).

My study is collaborative with the Public Law Project, which aims to understand the low numbers of legal challenges relating to social care in Wales. The are some key issues identified:
– Whether legal practitioners have a reasonable understanding of the Welsh social welfare law, and whether the legal advice available reflects this;
– The impact of the legal aid deserts in Welsh social care challenges;
– Could judicial review be a more useful way to tackle the challenges brought to the local Councils and/or Ombudsman?;
– Whether adult care recipients in Wales have a sound understanding of their legal rights and options, and what enforcing such rights can achieve; and
– The impact of potential discrimination.

Should you have any queries or wish to contact me for any other reason, feel free to send me an email or connect on X. I speak English, Swedish (and soon Welsh).

Email:
Holmstenem@cardiff.ac.uk
Twitter:
@holmstenem
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