From the Poor Laws to national insurance

I spent the first seven years of my professional life on the front lines of social welfare law. Well, if not exactly the front lines, at least in a reserve battalion, supporting those more competent than me.

I cut my legal teeth on housing repossessions, benefits appeals and community care. Working in that field is a vocation rather than a job – how else can one manage long hours, low hourly rates, ongoing media criticism of ‘fat cat legal aid lawyers’, and a constant stream of clients at one of the lowest points of their lives? That vocation was not mine, so I bailed out the moment an opportunity presented itself. But I admire those who stayed, performing minor miracles in a complex field, with little acknowledgment from their peers.  

This collection of essays showcases research into social welfare law in its broadest sense. It covers classic areas such as welfare rights. Several essays explore the underlying philosophy of welfare benefits in light of their development from the Poor Laws of Elizabeth I, to the development of a national insurance system, to the modern welfare state, and how the same history has given rise to different approaches in other nations where English law has been foundational. The book also looks at protecting those who lack mental capacity, and homelessness. Essays also investigate the approaches taken in the Global South, and the unique systems applied by China and the US.

Highlights for this reader were Ciara Fitzpatrick’s historical analysis of how UK governments have linked welfare to work in recent decades, and Jaime Lindsey’s fascinating piece on how the Court of Protection balances protection and empowerment of those lacking capacity, analysed through the case study of the Covid pandemic.

James E Hurford is a solicitor at the Government Legal Department, Londo