Individualised Assessments

What Are Individualised Assessments in Law?

Individualised assessments refer to evaluating people based on their unique circumstances, rather than applying a one-size-fits-all standard. This principle is especially important in legal systems and public policies involving housing, employment, and criminal justice. For example, some Fair Chance Housing laws in the United States require landlords to conduct an individualised assessment before denying housing to someone with a criminal record—considering factors like rehabilitation, time passed, and personal references.

Why “One Size Fits All” Fails in Justice

Imagine forcing everyone to wear the same size shoe. It wouldn’t work—and neither does treating every case identically. In psychology, this aligns with the principle of individual differences, which recognises that people respond differently to situations based on their background, trauma, mental health, and environment. Ignoring these differences often leads to unjust outcomes, particularly for marginalised groups such as the formerly incarcerated, people with disabilities, or refugees.

Global Laws That Support Case-by-Case Consideration

International human rights bodies encourage this approach too. The UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) advocate for assessing each prisoner’s needs individually to support rehabilitation. Similarly, EU anti-discrimination directives require employers to provide “reasonable accommodations” based on individual assessments. Across legal systems, the shift toward fairness often begins with recognising that context matters.

Moving Forward with Empathy and Evidence

When we assess people like we customise shoes—ensuring the fit is just right—we uphold justice, not just law. Policies that require individualised assessments promote fairness, reduce recidivism, and increase access to opportunities. Backed by psychological research and supported by international norms, this approach leads to outcomes that are both compassionate and effective.