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JOURNAL OF SOCIAL WELFARE AND FAMILY LAW最新文献

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Off the menu? should care orders at home only be made in exceptionally rare circumstances? 从菜单上撤下?是否只有在非常罕见的情况下才需要家庭护理?
Q2 LAW Pub Date : 2023-11-12 DOI: 10.1080/09649069.2023.2281842
Judith Masson
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引用次数: 0
Revoking parental responsibility – or not 撤销父母的责任——或者不
Q2 LAW Pub Date : 2023-11-12 DOI: 10.1080/09649069.2023.2282263
Rob George
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引用次数: 0
Domestic abuse and child contact in Scotland: the perspectives of family law practitioners 苏格兰的家庭虐待和儿童接触:家庭法律从业人员的观点
IF 1.5 Q2 LAW Pub Date : 2023-11-08 DOI: 10.1080/09649069.2023.2243147
Michele Burman, Ruth Friskney, Jane Mair, Richard Whitecross
It is now well-established that children are adversely affected by domestic abuse, and that domestic abuse does not always cease following parental separation. However, the issue of post-separation...
现在已经确定的是,家庭虐待对儿童有不利影响,而且家庭虐待并不总是在父母分离后停止。然而,分手后的问题……
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引用次数: 0
Ombudsman, Tribunals and Administrative Justice in the Journal of Social Welfare and Family Law 《社会福利和家庭法杂志》上的监察员、法庭和行政司法
IF 1.5 Q2 LAW Pub Date : 2023-09-06 DOI: 10.1080/09649069.2023.2243149
Lee Marsons
ABSTRACT This editorial introduces the new editor of the Journal’s Ombudsman, Tribunals and Administrative Justice section; highlights the editorial team’s four strategic priorities for the section; and identifies four research priorities which the editorial team wishes to promote. For strategic priorities, the first is developing ‘applied administrative justice’ scholarship consciously directed at resolving practical administrative justice problems. Second is growing the connections between the Journal and civil society organisations, including those working on the frontline with individuals and communities most exposed to, and dependent on, public bodies. Third is expanding the interdisciplinary reach and content of the section, particularly to mental health and accounting. Fourth is encouraging early career researchers to become more involved in the section. As to research priorities, the editorial team identifies four themes: money and administrative justice, encouraging researchers to grapple with the financial benefits of their proposals and the effectiveness of different funding mechanisms; mental health and administrative justice, particularly through engaging with the fields of ”therapeutic jurisprudence” and ”law and emotion”; new technologies and administrative justice, particularly how virtual delivery changes experiences of public bodies; and hybridity and administrative justice, examining the complicated range of publics, privates, and charitables involved in modern public service delivery.
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引用次数: 0
Whose procedural fairness? 谁的程序公平?
IF 1.5 Q2 LAW Pub Date : 2023-08-17 DOI: 10.1080/09649069.2023.2243150
J. Tomlinson, Eleana Kasoulide, J. Meers, S. Halliday
ABSTRACT Thought on procedural fairness in administrative justice has traditionally focused on the relationship between public decision-makers and the person or group formally subject to the decision-making process. Yet, people who are not the direct subject of such processes but are, in various ways, able to access the experiences of others can also have salient and consequential experiences of procedural fairness. This article demonstrates empirically this phenomenon, which we label ‘vicarious administrative fairness’, and observes that it is vital to developing a fuller understanding of the sociology of administrative justice. In turn, this richer sociological understanding raises new questions about if and how institutions, including the law itself, ought to respond to it – not least as it calls into question the default, individualistic unit of analysis underpinning conventional thinking.
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引用次数: 0
Mother today, stranger tomorrow? 今天是妈妈,明天是陌生人?
IF 1.5 Q2 LAW Pub Date : 2023-08-14 DOI: 10.1080/09649069.2023.2243153
Zaina Mahmoud
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引用次数: 0
Public inquiries: irreconcilable interests and the importance of managing expectations 公众质询:不可调和的利益和管理期望的重要性
IF 1.5 Q2 LAW Pub Date : 2023-08-13 DOI: 10.1080/09649069.2023.2243137
Emma Ireton
Public inquiries address serious matters of public concern, including those affecting the most vulnerable and marginalised in society. There are ongoing, heated debates about how inquiries should be set up and run and who primarily should be served by a public inquiry. However, these debates must be judged in the context of an accurate understanding of their role and function. This article explores the source of misplaced expectations of the process, leading to frustration and distress for participants and delays, which can seriously undermine participant and public confidence. It argues that, even where the public inquiry process is well understood, conflicting interests and expectations arise because of the different capacities in which people engage with a public inquiry, which are often difficult or impossible to resolve. The article examines evidence of how this has led to frequent challenges about the setting up and running of public inquiries and considers judicial decisions on the decision-making process. It recognises limitations to the public inquiry process, which cannot always deliver the outcomes and resolution sought by participants and the public. It identifies the need for clearer articulation of the role and function of a public inquiry and more effective management of expectations.
公众调查涉及公众关注的严重问题,包括影响社会中最脆弱和最边缘化群体的问题。关于调查应该如何建立和运行,以及公共调查应该主要为谁服务,目前正在进行激烈的辩论。但是,必须在准确理解这些辩论的作用和功能的背景下判断这些辩论。本文探讨了对这一过程的错误期望的来源,导致参与者的沮丧和痛苦以及延误,这可能严重破坏参与者和公众的信心。它认为,即使在公共调查过程得到充分理解的地方,由于人们参与公共调查的能力不同,也会产生利益冲突和期望冲突,而这些冲突往往很难或不可能解决。本文考察了这如何导致在设立和运行公共调查方面经常遇到挑战的证据,并考虑了决策过程中的司法决定。它承认公共调查过程的局限性,这并不总是提供参与者和公众所寻求的结果和解决方案。报告指出,需要更清楚地阐明公众调查的作用和职能,并更有效地管理期望。
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引用次数: 0
Editorial 编辑
IF 1.5 Q2 LAW Pub Date : 2023-08-09 DOI: 10.1080/09649069.2023.2243135
Mavis Maclean
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引用次数: 0
Smoke and mirrors? Regulation 12 and access to legal aid for victims of domestic abuse 烟雾和镜子?第12条条例和家庭虐待受害者获得法律援助的机会
IF 1.5 Q2 LAW Pub Date : 2023-08-07 DOI: 10.1080/09649069.2023.2243148
Kayliegh Richardson, A. Speed
Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was introduced the number of unrepresented victims of domestic abuse in applications for protective injunctions, has increased. Studies consistently point to the strict legal aid means criteria as the reason behind this, however, there is a paucity of literature challenging why this is the case, given that provision is made within Regulation 12 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 for the financial eligibility thresholds to be waived in applications for a protective order. Drawing on a survey of 24 legal professionals and information provided by the Legal Aid Agency (LAA) following Freedom of Information Act requests, this article seeks to address this gap in the literature and examine the value of Regulation 12. Findings indicate that the limited use of Regulation 12 can be attributed to a weak understanding amongst legal aid practitioners about its existence, concerns amongst practitioners about not being remunerated for work completed on files and an absence of clear guidance for the Director as to the use of the discretion. The findings are timely as the means test being considered by the ongoing Legal Aid Review.
自2012年《法律援助、罪犯量刑和处罚法》实施以来,申请保护性禁令的家庭虐待受害者中没有律师代表的人数有所增加。研究一致指出,严格的法律援助手段标准是其背后的原因,然而,鉴于《2013年民事法律援助(财政资源和服务付款)规例》第12条规定,在申请保护令时豁免财务资格门槛,因此缺乏质疑这种情况的文献。根据对24名法律专业人士的调查和法律援助机构(LAA)根据《信息自由法》的要求提供的信息,本文试图解决文献中的这一差距,并检查第12条法规的价值。调查结果显示,第12条的使用有限,可归因于法律援助从业员对该规例的存在不甚了解,从业员担心在完成档案工作后得不到报酬,以及署长在使用裁量权方面缺乏明确的指引。调查结果十分及时,因为正在进行的法律援助检讨正在审议经济审查。
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引用次数: 0
Section 48 orders in the Court of Protection: undermining autonomy or an honest account of interim judging? 保护法院的第48条命令:破坏自治还是对临时判决的诚实陈述?
IF 1.5 Q2 LAW Pub Date : 2023-08-06 DOI: 10.1080/09649069.2023.2243152
Jaime Lindsey
ABSTRACT This case note considers the role of section 48 orders under the Mental Capacity Act 2005 following the decision by Mostyn J in A Local Authority v LD and RD [2023] EWHC 1258 (Fam). The case concerned an application for removal from home for a man in his 40s with learning disability, autism and Down’s Syndrome for the purposes of assessment of mental capacity. The case note considers the role and function of interim orders under section 48 as well as the wider problem of removing adults from their own home in the name of safeguarding.
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引用次数: 0
期刊
JOURNAL OF SOCIAL WELFARE AND FAMILY LAW
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