An article examined the preference for civil, rather than criminal, measures as the policy approach for dealing with forced marriage. One explanation for this was the influence of multiculturalism. Another was the limited conception of the harms of forced marriage apparent in much government discourse. The author raised the question of whether, in adopting a civil remedy approach, the state might be affording some women less protection of their human rights than others.
Source: Kaye Quek, 'A civil rather than criminal offence? Forced marriage, harm and the politics of multiculturalism in the UK', British Journal of Politics and International Relations, Volume 15 Issue 4
Links: Abstract
Date: 2013-Dec
The government began consultation on proposals to change the system of charges in the civil courts in England and Wales. The civil court system included all civil, family and probate jurisdictions, as well as the Court of Protection and the Court of Appeal (Civil Division). The consultation would close on 21 January 2014.
Source: Court Fees: Proposals for reform, Ministry of Justice
Links: Consultation document | Associated research | Public attitudes research summary | MOJ press release
Date: 2013-Dec
A report by a joint committee of MPs and peers said that it accepted that the Immigration Bill served a legitimate aim of immigration control, but the committee was concerned that some measures might be applied in practice in a way that breached human rights. It raised serious concerns about provisions for restricting access to housing and access to legal challenges, and raised a number of other matters.
Source: Legislative Scrutiny: Immigration Bill, Eighth Report (Session 2013–14), HC 935 and HL 102, Joint Select Committee on Human Rights, TSO
Links: Report | Guardian report
Date: 2013-Dec
A report examined homelessness in England, as part of a five year project. It said that: 'visible' forms of homelessness, including rough sleeping and statutory homelessness, continued to increase; 22 per cent of all homelessness acceptances in 2012-13 were due to the loss of private sector tenancies; temporary accommodation placements and 'out of district' temporary accommodation placements had increased; and these trends were particularly prevalent in London. The report said that front line homelessness services continued to reduce, and it raised concerns about cuts to legal aid and specialist services for women and children fleeing domestic violence.
Source: Suzanne Fitzpatrick, Hal Pawson, Glen Bramley, Steve Wilcox, and Beth Watts, The Homelessness Monitor: England 2013, Crisis
Links: Summary | Crisis press release | Guardian report | Independent report
Date: 2013-Dec
A report examined the impact of welfare reform on creditors and utility companies. It said that changes were likely to have two key impacts on creditors: that welfare claimants would see reductions in income that made it difficult to meet their financial commitments; and that household budgets would be disrupted by the shift to a single monthly payment under universal credit. It called upon creditors to allow customers time to adapt, to take a more flexible, personalized approach to debt management, and to signpost people to advice agencies where needed.
Source: Alistair Chisholm and Anne Pardoe, All Change: Why welfare reform should matter to creditors and utility companies, Citizens Advice
Links: Report
Date: 2013-Nov
The government began consultation on proposed changes to family legal aid remuneration schemes. The consultation would close on 25 November 2013.
Source: Supporting the Introduction of the Single Family Court: Proposed changes to family legal aid remuneration schemes, Ministry of Justice
Links: Consultation document
Date: 2013-Oct
An article examined the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on the not-for-profit sector's involvement in legally aided welfare advice in England and Wales. Whereas Legal Services Commission funding had transformed organizational practices and ethos, the Act (together with the coalition government's austerity programme) represented a critical watershed for the sector and its capacity to fulfil its mission.
Source: Hilary Sommerlad and Peter Sanderson, 'Social justice on the margins: the future of the not for profit sector as providers of legal advice in England and Wales', Journal of Social Welfare & Family Law, Volume 35 Number 3
Links: Abstract
Date: 2013-Sep
The report of an independent review (by James Taylor) made a series of proposals to change the system of expenses and funding of civil litigation in Scotland. Solicitors would be able to offer their clients 'no win – no fee' agreements under which their fee was calculated as a percentage of the damages recovered. A pursuer in a personal injury action would no longer run the risk of having to pay the defender's expenses should the court action fail, except in very limited circumstances.
Source: Review of Expenses and Funding of Civil Litigation in Scotland, Scottish Government
Links: Report | Scottish Government press release
>Date: 2013-Sep
The Children and Families Bill was given a third reading. The Bill was designed to (among other things): reform the adoption system; introduce greater flexibility in parental leave arrangements; reform the system of special educational needs; strengthen the role of the children's rights watchdog; cut delays in the family justice system; and reduce regulation of the childcare sector. However, plans to allow nurseries and childminders in England to increase the ratio of children to carers were dropped.
Source: Children and Families Bill, Department for Education, TSO | Debate 11 June 2013, columns 175-294, House of Commons Hansard, TSO
Links: Bill | Explanatory notes | Hansard
Date: 2013-Jun
A new book examined the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. It offered a defence of the role of legal rights in family life, and the importance of good policy-making that balanced outcome- and behaviour-based approaches to family justice. Despite the move to privatized forms of dispute resolution, family justice still demanded a sound judicial structure.
Source: John Eekelaar and Mavis Maclean, Family Justice: The work of family judges in uncertain times, Hart Publishing
Links: Summary
Date: 2013-May
A report examined children's advocacy in child protection cases. It highlighted research showing that in a significant number of cases involving death or serious abuse, the child's views had not been properly considered. It called for children to have a legal right to an independent advocate who could fully express their views in suspected cases of abuse and neglect.
Source: Mary Lagaay and Laura Courtney, Time to Listen: Independent advocacy within the child protection process, National Children s Bureau
Links: Report | NCB press release
Date: 2013-May
A survey examined the effects of cuts to civil legal aid on practitioners and clients. Respondents raised concerns about the creation of 'advice deserts' in areas where services were already scarce, and that were now disproportionately affected by cuts. Respondents also highlighted particularly severe impacts on specific groups of clients, including those in rural areas, children, those with disabilities, and those who were otherwise vulnerable or disadvantaged.
Source: Natalie Byrom, The State of the Sector: The impact of cuts to civil legal aid on practitioners and their clients, Centre for Human Rights in Practice (University of Warwick)
Links: Report | Guardian report
Date: 2013-Apr
A special issue of a journal examined the impact of legal aid reform on the family justice system.
Source: Journal of Social Welfare & Family Law, Volume 35 Number 1
Links: Table of contents
Notes: Articles included:
Stephen Cobb, ''
Graham Cookson, ''
Chris Bevan, ''
Frances Meyler and Sarah Woodhouse, ''
Debra Morris and Warren Barr, ''
Alexy Buck and Marisol Smith, ''
Date: 2013-Apr
An article examined the role of voluntary sector advice agencies in translating personal grievances into matters of public concern.
Source: Morag McDermont, 'Acts of translation: UK advice agencies and the creation of matters-of-public-concern', Critical Social Policy, Volume 33 Issue 2
Links: Abstract
Date: 2013-Apr
A new book examined what response the law had, or should have, to different family practices arising from cultural and religious beliefs, drawing on examples from a range of countries including England and Wales, Spain, Poland, and France.
Source: Mavis Maclean and John Eekelaar (eds), Managing Family Justice in Diverse Societies, Hart Publishing
Links: Summary
Date: 2013-Feb
A report by an all-party group of MPs said that the government should provide training and support to social workers to enable them to produce good care plans and operate effectively in family courts. Judges specializing in family law should be used in family courts on a permanent basis.
Source: Making Care Proceedings Better for Children, Child Protection All Party Parliamentary Group
Links: Report
Date: 2013-Feb
The Children and Families Bill was published, and subsequently given a second reading. The Bill was designed to (among other things): reform the adoption system; introduce greater flexibility in parental leave arrangements; reform the system of special educational needs; strengthen the role of the children's rights watchdog; cut delays in the family justice system; and reduce regulation of the childcare sector.
Source: Children and Families Bill, Department for Education, TSO
Links: Bill | Explanatory notes | Hansard (second reading) | Background document | DE press release | Speech | HOC research brief | Barnardos press release | CBI press release | CSW press release | EDCM press release | Fawcett Society press release | FPI press release | Labour Party press release | Mencap press release | NAHT press release | Nasen press release | NIACE press release | NUT press release | OCC press release | Scope press release | Working Families press release | Community Care report | Nursery World report | Telegraph report
Date: 2013-Feb
The coalition government published an action plan (on behalf of the Family Justice Board) for improving the performance of the family justice system in England and Wales. The plan set out the actions the Board and its partners would take to: reduce delay in public law cases; resolve private law cases outside court where appropriate; build greater cross-agency coherence; and address local variations in performance.
Source: Family Justice Board: Action Plan to Improve the Performance of the Family Justice System, Ministry of Justice
Links: Action plan
Date: 2013-Jan