PRACTICING REFLEXIVE REGULATION - …

1 PRACTICINGREFLEXIVE REGULATIONSUZANNE RUTZPRACTICING REFLEXIVE REGULATION SUZANNE RUTZR eflexive REGULATION has been developed to provide inspectors with strategies to deal with uncertain situations in which rules and roles are unclear, inspecting involves multiple actors and learning how to deal with the situation is crucial. In many instances, it is unclear what REFLEXIVE REGULATION entails in practice. Based on insider research, this thesis provides in-depth insights into the work of inspectors PRACTICING REFLEXIVE REGULATION and offers suggestions for further research, and the improvement of regulatory practice and research for this dissertation was conducted at the institute of Health Policy and Management at erasmus university rotterdam, the netherlands.

2 The research received financial support from the Health Care Inspectorate and the Joint Inspectorate Social Domain/Joint Inspectorate for : 978-94-90420-60-4 NUR: 882 Cover design by Janneke Huisman-Luimes, and printing: Print Service Ede 2017 Suzanne Rutz. All rights are reserved. No part of this thesis may be reproduced, distributed or transmitted in any form or by any means without prior written permission of the author. The research for this dissertation was conducted at the Institute of Health Policy and Management at Erasmus University Rotterdam, The Netherlands. The research received financial support from the Health Care Inspectorate and the Joint Inspectorate Social Domain/Joint Inspectorate for Youth.

3 ISBN: 978-94- 90420-60-4 NUR: 882 Cover design by Janneke Huisman-Luimes, Layout and printing: Print Service Ede 2017 Suzanne Rutz. All rights are reserved. No part of this thesis may be reproduced, distributed or transmitted in any form or by any means without prior written permission of the author. PRACTICING REFLEXIVE regulationReflexief toezienPROEFSCHRIFTter verkrijging van de graad van doctor aan deerasmus universiteit rotterdamop gezag van derector Polsen volgens besluit van het college voor openbare verdediging zal plaatsvinden opvrijdag 23 juni 2017 om uurdoorSuzanne Iris Rutzgeboren te : Promotoren: de Bont Robben BuitendijkOverige leden: Bal P.

4 Mascini ottow Table of contents1 Introduction 72 Hiding complexity, uncertainty and ambiguity: 33 how inspectorates simplify issues to create enforceable action3 Inspectors responses to adolescents assessment of quality of care: 59 a case study on involving adolescents in inspections4 Children s journeys through organizations: 83 how inspectors evaluate coordination of care5 Enhancing responsiveness and consistency.

5 105 comparing the collective use of discretion and discretionary room at inspectorates in England and the Netherlands6 Discussion and conclusion 131 Summary 149 Samenvatting 159 Dankwoord 169 PhD portfolio 175 About the author 177>>>>>>>>>>>>>>>>>>>>>>>>1 Introduction<<9 INTRODUCTIONThis thesis is about how inspectors practice REFLEXIVE REGULATION .

6 To gain an understanding of this subject, I studied the practice of a partnership of inspectorates, the Joint Inspectorate for Youth (Samenwerkend Toezicht Jeugd) in the netherlands. this chapter first explains the quest for REFLEXIVE REGULATION and how REFLEXIVE REGULATION was introduced as an alternative to traditional command and control REGULATION . What follows introduces the characteristics of REFLEXIVE REGULATION and various REFLEXIVE REGULATION theories. After that, I set out the research questions, the case I studied and the research methods. The chapter ends with an outline of the following quesT for REFLEXIVE REGULATION Nowadays, inspectorates need to demonstrate their impact.

7 Many inspectorates are urged to shift their focus from compliance with laws to tackling social problems (Van Montfoort 2010; IRGC 2015). These problems do not necessarily correlate with breaking the law (Sparrow 2008). Examples of social problems that inspectorates focus on are homicide (Sparrow 2000), environmental damage (Gunningham 2012), terror in mineral mines (Braithwaite 2013), and lifestyle issues, such as alcohol abuse (IRGC 2015).Regulating social problems poses a serious challenge for inspectorates. These problems often cut across sectors and organizations, and across the traditional jurisdictions of inspectorates.

8 Moreover, the problems are often cloaked in cognitive and normative uncertainty. Cognitive uncertainty refers to a lack of comprehensive knowledge about the extent and nature of the problem. The causalities are difficult to understand and it is unknown whether action should be taken and if so what action. normative uncertainty signifies that values, assumptions and judgments of the problem and the desired prospects are debatable. What the problem means to those affected and what action should be taken are both controversial (Koppejan & Klijn 2004; WRR 2008). cognitive and normative uncertainty are often closely connected.

9 Hence, in these situations, inspectors are confronted with uncertainty about what is best to addition to tackling social problems, the multiplicity of the institutional contexts of inspectorates also poses a challenge (WRR 2013; IRGC 2015). Many inspectorates have overlapping scopes as well as multiple tasks, multiple goals and multiple loyalties which all leads to unpredictable and complex interactions between inspectorates (Baldwin & Black 2007; Heimer 2011; Grabosky 2013; Van de Bovenkamp et al. 2016). Hence, the regulatory contexts often demand multiple arrangements that co-exist simultaneously, forming layered systems (Heimer 2011; Van de Bovenkamp et al.)

10 2016). these systems are not stable but in continuous transition; the actors are moving targets (Ford & Affolder 2011). Moreover, new layers with new regulatory 110 CHAPTER 1actors and regulatory instruments are often added on top of or alongside the existing ones (Van de Bovenkamp et al. 2016). The multiplicity of the regulatory system is also mirrored in the diversity of actors and their actions. These actors may be public or private, acting worldwide, in Europe, nationally, regionally or locally and using all kinds of instruments to influence regulated multiplicity of the regulatory system can have both negative and positive consequences.