Individualization and the Delivery of Welfare Services

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2 Individualization and the Delivery of Welfare Services

3 Also by Anna Yeatman ACTIVISM AND THE POLICY PROCESS (editor) BUREAUCRATS, TECHNOCRATS, FEMOCRATS JUSTICE AND IDENTITY: ANTIPODEAN PRACTICES (co-edited) POSTMODERN REVISIONINGS OF THE POLITICAL THE NEW CONTRACTUALISM? (co-edited)

4 Individualization and the Delivery of Welfare Services Contestation and Complexity Anna Yeatman University of Western Sydney, Australia with Gary W. Dowsett La Trobe University, Australia Michael Fine Macquarie University, Australia Diane Gursansky University of South Australia, Australia

5 Anna Yeatman 2009, except; Chapter 10 Michael Fine and Anna Yeatman 2009 Chapter 11 Anna Yeatman and Gary W. Dowsett 2009 Chapter 13 Diane Gursansky and Anna Yeatman 2009 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act First published 2009 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number , of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin s Press LLC, 175 Fifth Avenue, New York, NY Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN-13: hardback ISBN-10: hardback This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalogue record for this book is available from the Library of Congress Printed and bound in Great Britain by CPI Antony Rowe, Chippenham and Eastbourne

6 For Joanna Seymour and John Yeatman

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8 Contents List of Tables Preface and Acknowledgements ix x Notes on Contributors Part I Theoretical Perspectives on Individualization 1 and the Delivery of Welfare Services Anna Yeatman Chapter 1 Introduction 3 Chapter 2 The Twentieth Century Idea of the Self and 25 Its Expression in the Ethos of the Welfare State Chapter 3 The Individual as the Centre of Subjective 42 Experience and the Right to Self-preservation Chapter 4 The Self as the Subject of Welfare 63 Chapter 5 The Will as the Subject of Welfare The Consumer 73 Model of Service Delivery Chapter 6 The Inter-subjective Nature of Person-centred 89 Service Delivery Chapter 7 Governing Welfare Services 110 Part II The Case Studies 117 Chapter 8 Public Bureaucracy and Customer Service : The 119 Case of Centrelink Anna Yeatman Chapter 9 Getting to Count: The Looking After Children 141 (LAC) Initiative Anna Yeatman and Joanna Penglase Chapter 10 Care for the Self: Community Aged Care 165 Packages Michael D. Fine with Anna Yeatman xiii vii

9 viii Contents Chapter 11 Service Delivery and HIV-Positive Gay Men: 187 Pre- and Post-Advent of Highly Active Antiretroviral Treatment (HAART) Anna Yeatman and Gary W. Dowsett Chapter 12 Facilitating Independence and Self-determination: 210 The Case of a Disability Employment Service Anna Yeatman Chapter 13 Are Prisoners Clients? The Individualization of 235 Public Correctional Services Diane Gursansky and Anna Yeatman Consolidated Bibliography 258 Index 274

10 List of Tables 6.1 Relationship between Kitwood s definition and derived 91 concepts of person-centredness 9.1 Features of institutions that facilitate systems abuse Number of operational Community Aged Care Packages 171 and the provision ratio per 1,000 persons aged 70 years and over, 1992 to Clients assisted by the Help at Home Program, The formal aspect of contractualist protocols at a 219 specialist disability employment service 12.2 The features of contract in individualized service 222 delivery ix

11 Preface and Acknowledgements This book came about as a result of a project on individualized service delivery that was funded by the Australian Research Council to which I offer thanks. I conceived the project and led the project team who included Gary Dowsett, Michael Fine, Diane Gursansky with Joanna Penglase serving as our research officer. Each of these four individuals contributed invaluable and distinctive insights to the project as it unfolded through time even while the normative theoretical vision for the project remained my own. I have placed a case study from an earlier project I led and conceived (also funded by the Australian Research Council on the new contractualism ) in this book because it belongs here: this is Chapter 12 ( Facilitating independence and self-determination: the case of a disability employment service ). This case study originally appeared in The Role of Contract in the Democratization of Service Delivery, Anna Yeatman and Kathryn Owler in Law in Context 18 (2) 2001, published by Federation Press: Thanks are due to Kathryn Owler for sharing the fieldwork for this case study with me. The conduct of the individualized service delivery project involved a project reference group that met thrice. The group combined policy, practitioner and consumer advocacy expertise as well as commitment to a normative vision for individualized service delivery. The individuals who served on this group gave of themselves generously and creatively. They provided some reality testing for the project; and in the last meeting of the reference group in May 2003, they also indicated that the policy context that had seemed relatively stable at the beginning of the project was changing in such a way as to make the normative orientation of the project seem even more heroic than it had been. I acknowledge the assistance in this project of the following members of the project reference group: Luke Grant, Sheila Ross, Mike Rungie, Sheila Shaver, Phil Tuckerman and Sandy Watson. I acknowledge also the contribution to both team meeting and reference group discussions of Cosmo Howard who at the time of the project s empirical research was undertaking his doctoral dissertation research on Centrelink. In addition, I acknowledge the contributions to team meeting conversation and/or reference group conversations of Carol Austin, Bob McLelland, Bleddyn Davies, Kirsty Machon, John Rule, Rose Melville and Catherine McDonald. x

12 Preface and Acknowledgements xi While the project was conceived in Australia and we finished the empirical work we did for the project by the end of 2003, I took much longer figuring out how to theoretically frame the normative vision I had for this project. This was for a number of reasons, not least being how to find my voice as a political theorist in writing about individualization and the welfare state. I undertook this work when I left my position as professor of Sociology at Macquarie University and took up the position as a senior Canada Research Chair in the Department of Political Science, University of Alberta in July I am grateful for the freedom to engage primarily in research that my holding a Canada Research Chair permitted me. I am grateful also for the Department of Political Science s accession to my wish to focus on advanced graduate seminar teaching for this has grown both me and my ideas. I also benefited from extended theoretical conversations with two young political theorists, Kamila Stullerova and Magdalena Zolkos. Thanks are due to a number of other individuals who have contributed their insight, vision and experience to this project. These are: Sue Vardon, John Halligan, Levinia Crooks, Michael Hurley, Kane Race, Helen Disney, Elizabeth Morgan, Deidre Cheers, Jude Morwitzer, Craig Unterheiner, Scott Holz, Peta Fitzgibbon, Diana Rose and Gael Fraser. During the time that this project was theoretically incubating after I had gone to Canada, and between the end of 2003 and the end of 2007, I did the four-year Victoria training in the Feldenkrais Method of somatic education. This training added a practitioner sensibility and awareness to the policy and academic roles I had already acquired. I learnt more than I am able to express from the ethos and ethic of the Feldenkrais Method as it was offered to me by Jeff Haller and Alice Friedman as well as other teachers and my fellow students in the training. This learning overlapped my engagement with post-kleinian psychoanalytic thinking of the kind associated with the Object Relations tradition, an engagement that has been embedded in my own psychic growth and awareness as facilitated by a generative psycho-therapeutic relationship as a client. There are a number of other people who have contributed to my self-awareness as informally facilitated through the sharing of practices of self awareness: Catherine Kellogg, David Kahane, Cressida Heyes, Mridula Nath Chakraborty, David Levine, Sasha Roseneil and Paul Hoggett. During the time that I was theoretically digesting the project in Canada my father and my oldest niece died. Both of these losses have been hard for me. I especially grieve my niece s death given that she was only 40 when she died, and I had only just got to know her in an adult way. Each of these two individuals was a professional deeply and intelligently

13 xii Preface and Acknowledgements committed to individualized service delivery: my father as a general practitioner, my niece as principal of a primary school in a working class area of Adelaide. The dedication of the book to them is to honor the prideful tradition of a passionate civic professionalism oriented to the public good that these two individuals represent. This is a tradition I associate with many people I have had the pleasure and good fortune to know especially if not only in Adelaide, South Australia where my own subjective formation occurred. I wish my niece could have read this book; with her incisive, no-holdsbarred and passionate intelligence, she would certainly have improved it. I was lucky to have two discerning readers for the theoretical part of the book: Deirdre Croft, an Australian mother of a severely intellectually handicapped adult son, a trained journalist, a disability advocate, and someone who is completing a PhD on Accommodation Support for Western Australians with Intellectual Disability; and Magdalena Zolkos, a political theorist, Polish by origin, who works in the field of transitional justice and reconciliation. As I send this book to press, I am aware of another set of changes in my life. In July 2008 I move from Edmonton, Canada to take up the new position of foundation director and professor of a new research centre at the University of Western Sydney: the Centre for Citizenship and Public Policy. Anna Yeatman

14 Notes on Contributors Gary W. Dowsett Gary Dowsett, PhD, is Professor and Deputy Director at the Australian Research Centre in Sex, Health and Society at La Trobe University in Melbourne. He is also an Associate Professor of Clinical Sociomedical Sciences at Columbia University in New York. A sociologist, he has worked on sexuality research, particularly in relation to the rise of modern gay communities. Since 1986, he has been researching the HIV epidemic, particularly in Australia s gay communities, and has worked on many international HIV/AIDS and sexual health projects since the late 1980s. He has recently been developing training programs in community-based research and qualitative research design. His book Practicing Desire: Homosexual Sex in the Era of AIDS was published by Stanford University Press in Michael D. Fine Michael D. Fine is Associate Professor in Sociology and Deputy-Director, Centre for Research on Social Inclusion, at Macquarie University, Sydney. His current and recent research concerns the sociology of care and human services, addressing theories of and international developments in care, globalization, demography and carework, links between formal and informal support, individualization and social isolation, and innovative patterns of service delivery. His book A Caring Society? Care and the Dilemmas of Human Service in the Twenty-First Century was published by Palgrave Macmillan in Diane Gursansky Diane Gursansky is a Senior Lecturer in the School of Social Work and Social Policy at the University of South Australia. She maintains a strong practice base in her profession of social work. She is the co-author with Judy Harvey and Rosemary Kennedy of Case Management: Policy, Practice and Professional Business (Allen & Unwin, Crows Nest, Australia, 2003). Her research interests include: service delivery, particularly case management and design of service delivery systems; social work practice; aged care; field education; and evaluation research. She has held Ministerial appointments on the Social Security Appeals Tribunal and currently sits on the Child Death and Serious Injury Committee in South Australia. xiii

15 xiv Notes on Contributors Joanna Penglase Joanna Penglase is the co-founder of Care Leavers Australia Network (CLAN) the Sydney-based national support and advocacy body for care survivors. CLAN was instrumental in establishing the Senate Inquiry into Children in Institutional Care. Dr Penglase has had a long career in research: firstly in documentary film production and then in academic research, particularly in the area of child protection and out of home care. In 2005 she published Orphans of the Living Growing Up in Care in Twentieth-Century Australia (Curtin University Books/Fremantle Press, republished 2007), the only published work on this history in Australia, and in 2007 she was awarded the Order of Australia Medal for her work as an advocate for care survivors. She continues to work with CLAN in an administrative, advocacy and research capacity. Anna Yeatman Anna Yeatman was a senior Canada Research Chair (Social Theory and Policy) in the Department of Political Science, University of Alberta until mid-2008 when she took up the position as Director of the Centre for Citizenship and Public Policy, University of Western Sydney. She regards herself as an interdisciplinary political theorist interested in contemporary liberal-republican conceptions of the state, personhood, citizenship, and subjective life. She has done a number of Australian-based consultancies in public policy, the last of which was the review of the First Commonwealth- State Disability Agreement (1995 6) that issued in two reports. She completed a training in the Feldenkrais Method in 2007.

16 Part I Theoretical Perspectives on Individualization and the Delivery of Welfare Services Anna Yeatman

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18 1 Introduction The status aspect of individualization In any social organization people are situated in relation to each other in terms of their respective status. Status concerns how someone is ethically valued by others whether they are considered equal, superior, inferior; whether they are considered worth listening to or not; whether they are regarded as exemplifying the best or the worst, the sacred or the profane, in a particular type of society. Individualization is a term that can mean different things. Here it is used with reference to the status of people, that is, people considered in the ethical aspect of their relationship to other people. Individualization considered in its status aspect refers to the equal entitlement of each human being to be considered a subject of right or, as Hegel (1991) put it, a person. Individualization denotes an ethical ordering of human relationships that is associated with a modern type of society, where the individual rather than the group (the domestic group or some other kind of group modelled after kinship bonds) is constituted and valued as the unit of social action. In an individualized type of society, relationships between people are structured and thought about so that they become open and responsive to the individuals who participate in them. 1 For this to occur, people have to understand what it is to be considered an individual, to develop the capabilities that permit them to act as individuals, and to recognize their fellow participants in social life as individuals. When it is the individual who acquires this ethical status in the organization of social life, groups have to structure their existence so that they honour the status of those who are considered individuals. 3

19 4 Individualization and the Delivery of Welfare Services The idea of the individual as the subject of right The idea of the individual as the subject of right is an ethical artefact. That is, according to each human being the status of a person depends on a societal valuing of individuality or of an individual s freedom to live life in his or her own way. It is as an individual that a human being is invited to engage in the challenge of living his or her life as someone who is free to consider how s/he wishes to do this. Subjective right is the term I will use for the ethical conception of each human being as one who ought to enjoy the status of an individual or person. As I explain in this book the only conception of individual freedom that fits an inclusive and universal idea of subjective right is that which belongs to the individual considered as a self. Freedom in this frame of reference refers to the freedom of the self to assume life in such a way that it is expressive of his or her integrity as a self. As I show, freedom so understood can be enjoyed by babies and children and by people with relatively severe levels of cognitive impairment; it does not have to be reserved for cognitively competent adult subjects. Two competing conceptions of the individual as the subject of right There is an alternative conception of individual freedom, one that is associated with the idea of the will. In this frame of reference, an individual is free if s/he is able to will for him or herself, that is, to make decisions for him or herself under conditions where it can be assumed that this individual has sufficient cognitive competence and information to make self-responsible and rationally sensible decisions. I do not discount the importance of such competence for autonomous decision making, but I argue two things. First, the freedom to make choices and decisions for oneself is genuine freedom only if the subject concerned has an autonomous sense of self that finds expression in these choices and decisions. This consideration is usually ignored by those who champion the idea of freedom as a freedom of choice. The telling question is the one that David Levine (see Levine 1995, 24 29) asks, how does an individual know that his or her choices/preferences are his or her own as distinct from what it is that others want him or her to choose or want? Thus, on the principle that the more inclusive conception is better than the less inclusive one, the idea of the self as the subject of freedom is more adequate than the idea of the will as the

20 Introduction 5 subject of freedom. Secondly, as already suggested, freedom expressed as the capacity to will for oneself is the old idea of freedom understood in terms of the capacity for self-government. As Aristotle put it, someone who can govern himself can govern others. This is clearly a discriminatory idea of freedom for it excludes all human beings who, for whatever reason, cannot govern themselves from the status entitlement to conduct their life as a free person. This is an obvious issue in the domain of welfare services for, as we shall see, welfare services concern the fate of people whose capacity for self-government is either non-existent, impaired, or currently compromised by abjection of one kind or another. To put it slightly differently, the idea of the will cannot be reconciled with the idea of the individual in an inclusive and non-discriminatory conception of human rights (see Yeatman 2001). Contemporary welfare debate as conflict between the idea of the subject of right as a self or as a will These, then, are two different and conflicting frameworks for thinking about the status of the individual as the subject of right, as a person. This is not an academic observation of the kind that has no practical implication. I argue in this book that our contemporary welfare debate is structured as a conflict between these two frameworks for thinking about individualization in its ethical import. As we shall see, while one framework (that of the self as the subject of right) indicates an expansive public welfare state where attention must be given to the question of service delivery, the other framework (that of the will as the subject of right) indicates a minimalist public welfare state where the question of service delivery does not assume any particular salience. Welfare is a term that means the same thing as well-being. Wellbeing refers to anything that conduces to the life and integrity of the subject whose well-being is at issue. The integrity of the will is not the same thing as the integrity of the self. The idea of welfare is quite different depending on which of these ideas of the individual as the subject of right is in play. It is important to understand what is at stake here for, without such understanding, it is impossible to intelligently engage with the current terms of the debate about public responsibility for welfare services. If it can be argued that welfare services are a fundamental condition of the possibility of human subjects getting to be effective or actual selves in their life worlds, then the argument is one of proposing that

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