Automated Decision Appeals and Human Review in Social Protection

Authors

  • Régis Bismuth Sciences Po Law School (current affiliation) Author
  • Fernando Lusa Bordin University of Cambridge (current affiliation) Author

Keywords:

automated decisions, human review, social protection, appeals, due process

Abstract

Background: Recent developments involving automated decisions have made implementation quality, oversight, and administrative capacity central policy concerns.

Objective: The analysis examined how policy relating to automated decisions operated in practice and whether differences in capacity and oversight were associated with outcomes in relation to human review.

Methods: Across 5 jurisdictions or institutional settings, legal and policy sources were combined with organizational evidence and, when available, key-informant material. Comparative coding focused on authority, coordination, transparency, safeguards, enforcement, and implementation capacity.

Results: Variation in automated decisions clustered into three identifiable patterns. The stronger cases paired clear mandates with formal coordination and accessible review, producing a 30% advantage in the composite implementation score. Delay and inconsistent enforcement were concentrated in settings with fragmented responsibility.

Conclusion: The results shift attention from whether rules on automated decisions exist to how those rules are administered in practice. This means that justice-sector innovation should be matched by explicit safeguards and practical routes for human review.

Study design: administrative case-file study.

Publication history: Originally published in print on 15 June 2025, Volume 5, Article 8. Online abstract record added on 16 September 2026. Full-text PDF will be added when the digital galley is ready.

Author Biographies

  • Régis Bismuth, Sciences Po Law School (current affiliation)

    Current designation: Professor.

    Current affiliation: Sciences Po Law School, France.

    Current author information supplied for the 2026 digital archive.

  • Fernando Lusa Bordin, University of Cambridge (current affiliation)

    Current designation: College Associate Professor & John Thornely Fellow in Law.

    Current affiliation: University of Cambridge, United Kingdom.

    Current author information supplied for the 2026 digital archive.

Published

2025-06-15

Issue

Section

Articles