2002 volume 20(3) pages 455 – 470
doi:10.1068/c15m

Cite as:
Ashworth R, Boyne G A, McGarvey N, Walker R M, 2002, "Regulating public bodies: the case of direct service organisations in British local government" Environment and Planning C: Government and Policy 20(3) 455 – 470

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Regulating public bodies: the case of direct service organisations in British local government

Rachel Ashworth, George A Boyne, Neil McGarvey, Richard M Walker

Received 28 February 2001; in revised form 21 August 2001

Abstract. In recent years regulatory mechanisms and arrangements for public service organisations have become increasingly complex. In this paper we develop a theoretical framework that emphasises the potential importance of the following regulatory problems: regulatee resistance, ritualistic compliance, regulatory capture, performance ambiguity, and absence of performance data. This framework is applied to arrangements for the regulation of direct labour and direct service organisations in Scotland and Wales prior to the 'Best Value' regime. The results support the practical relevance of the analytical framework. Furthermore, whereas conventional perspectives suggest that the source of regulatory problems is the behaviour of regulatees, our evidence shows that the behaviour of regulators can also lead to regulatory failure; for example, through ritualistic compliance with procedures. The evidence also reveals a previously unidentified problem concerning a 'fear of regulation' on the part of regulators.

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