Pub Date : 2023-11-12DOI: 10.1080/09649069.2023.2281842
Judith Masson
{"title":"Off the menu? should care orders at home only be made in exceptionally rare circumstances?","authors":"Judith Masson","doi":"10.1080/09649069.2023.2281842","DOIUrl":"https://doi.org/10.1080/09649069.2023.2281842","url":null,"abstract":"","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135037601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-12DOI: 10.1080/09649069.2023.2282263
Rob George
{"title":"Revoking parental responsibility – or not","authors":"Rob George","doi":"10.1080/09649069.2023.2282263","DOIUrl":"https://doi.org/10.1080/09649069.2023.2282263","url":null,"abstract":"","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"32 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135037600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-08DOI: 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...
{"title":"Domestic abuse and child contact in Scotland: the perspectives of family law practitioners","authors":"Michele Burman, Ruth Friskney, Jane Mair, Richard Whitecross","doi":"10.1080/09649069.2023.2243147","DOIUrl":"https://doi.org/10.1080/09649069.2023.2243147","url":null,"abstract":"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...","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"36 2","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138503239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-06DOI: 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.
{"title":"Ombudsman, Tribunals and Administrative Justice in the Journal of Social Welfare and Family Law","authors":"Lee Marsons","doi":"10.1080/09649069.2023.2243149","DOIUrl":"https://doi.org/10.1080/09649069.2023.2243149","url":null,"abstract":"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.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43595952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-17DOI: 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.
{"title":"Whose procedural fairness?","authors":"J. Tomlinson, Eleana Kasoulide, J. Meers, S. Halliday","doi":"10.1080/09649069.2023.2243150","DOIUrl":"https://doi.org/10.1080/09649069.2023.2243150","url":null,"abstract":"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.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44886825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-14DOI: 10.1080/09649069.2023.2243153
Zaina Mahmoud
{"title":"Mother today, stranger tomorrow?","authors":"Zaina Mahmoud","doi":"10.1080/09649069.2023.2243153","DOIUrl":"https://doi.org/10.1080/09649069.2023.2243153","url":null,"abstract":"","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46639269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-13DOI: 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.
{"title":"Public inquiries: irreconcilable interests and the importance of managing expectations","authors":"Emma Ireton","doi":"10.1080/09649069.2023.2243137","DOIUrl":"https://doi.org/10.1080/09649069.2023.2243137","url":null,"abstract":"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.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45088436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-09DOI: 10.1080/09649069.2023.2243135
Mavis Maclean
{"title":"Editorial","authors":"Mavis Maclean","doi":"10.1080/09649069.2023.2243135","DOIUrl":"https://doi.org/10.1080/09649069.2023.2243135","url":null,"abstract":"","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46418429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-07DOI: 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.
{"title":"Smoke and mirrors? Regulation 12 and access to legal aid for victims of domestic abuse","authors":"Kayliegh Richardson, A. Speed","doi":"10.1080/09649069.2023.2243148","DOIUrl":"https://doi.org/10.1080/09649069.2023.2243148","url":null,"abstract":"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.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47624007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-08-06DOI: 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.
{"title":"Section 48 orders in the Court of Protection: undermining autonomy or an honest account of interim judging?","authors":"Jaime Lindsey","doi":"10.1080/09649069.2023.2243152","DOIUrl":"https://doi.org/10.1080/09649069.2023.2243152","url":null,"abstract":"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.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44217233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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