Administrative empathy: a new value in administrative justice

In academic and policy contexts, administrative justice literature frequently features discussions of values, and once the shortcomings of existing systems have been identified, these values often form the golden thread of reform programmes. This article will focus on one value new to administrative justice’s lexicon: the value of administrative empathy. By examining insights from the literature that explores empathy and how it is aroused, and while taking note of the need to recognise the emotional load and labour involved in engaging empathetically, this article will present a model for administrative empathy. Illustrative examples of administrative empathy will be provided by drawing on observations conducted in the First Tier Tribunal Immigration and Asylum Chamber in Scotland. By exploring these examples, this article notes that – in the tribunal setting – administrative empathy can be observed to support the participation of tribunal users and reduce the anti-therapeutic effects of tribunal hearings. Reflections from observations will also illustrate the challenges that the value of administrative empathy encounters in the Tribunal. Signs of a climate of stress were observed at numerous hearings; I suggest that this sort of environment is unconducive to administrative empathy. Beyond the tribunal setting, it will be suggested that administrative empathy is a value that ought to imbue the administrative justice system more generally. The example of the systemic injustice of Windrush and its causes will be noted. Finally, the article will conclude by reflecting that institutional cultures must support administrative empathy if it is to take root and be sustainably practised; institutional cultures in which staff operate under unreasonable pressure and oppressive conditions cannot be supportive of administrative empathy.