Suchergebnisse

The welfare of the child in the context of private family law proceedings is of significant international interest. This paper presents findings from an ethnographic study of private law proceedings in England, which explored legal professionals' experiences of and practice within space and place. Data are derived from interviews with professionals, and observations from the waiting areas, canteens, interview rooms and offices of lawyers who represent parents in private family law proceedings. The paper focuses on winners and losers in the area of private family law, and the 'trophy', the child, who appears to be lost in the battleground of legal proceedings, but remains the ultimate prize. The concept of space is explored before moving to reflect upon the data from the interviews. The themes that emerge from the data are the relationships between the public space of the court and the vulnerability of the parties as they attempt with greater or less ease, to navigate the complexities of this formal and procedurally driven space. This paper explores the idea of the child as the ultimate 'trophy' within private law proceedings to consider its significance for family justice practice in England, and to elicit a greater understanding of the importance of space and place in private law proceedings that have remained largely unexplored.

AbstractIn 2017, the number of applications for care orders in England and Wales was the highest ever recorded at 14,207. This is a significant factor, contributing to the rise in the number of children who are looked after, which is at the highest level since 1985.The authors reflect on the recently published Care Crisis Review 2018, a sector‐led review, which examines the reasons for the rise in care proceedings and the number of children in care. The review sought to identify changes to policy and practice within local authorities and the family justice system, in an attempt to divert cases away from the family courts and to reduce the number of children in care, where it is safe to do so.Whilst the legislative framework is largely effective and the system generally works well, there is insufficient funding and resources to meet the needs of children and their families when they seek help, regardless of whether this is at an early stage or when they are in crisis and most in need of care and protection.

AbstractIn a climate of austerity, timescales and targets, this paper probes whether parents matter sufficiently within the current child protection system in England. Evidence suggests that achieving partnership working in the context of child protection has become increasingly illusive, particularly when parents are notified that the local authority is considering compulsory intervention to remove their children under the Children Act 1989. Recent changes to legislation, policy and practice ushered in with the aim of achieving earlier decisions within the time frame for the child are laudable, but there are consequences for both children and their parents. The aspirations of the Public Law Outline (2008) are well rehearsed, but the changes being introduced with the recent reform of the family justice system, alongside particular constructions of parenting, may be failing to recognize the potential of many parents, if offered appropriate support, to care safely for their children.

ABSTRACTApril 2008 saw the introduction of a new Public Law Outline (PLO) that aims to improve judicial case management of Public Law Children Act cases. The PLO is a response to concerns about the rising number of care proceedings, associated costs, and the difficulties of achieving case resolution given this volume. Based on an ethos that care proceedings should be avoided wherever possible, the new approach to case management, which places significant emphasis on pre‐proceedings work and the effective engagement of parents, can be seen to reinforce the 'no order principle' enshrined in the Children Act (CA) 1989. Focusing specifically on relationships between parents and professionals, this paper provides a critical discussion of the potential of the PLO to further promote consensual practices with parents. Discussion traces the introduction of the concept of partnership within the CA 1989, provides a review of the evidence to‐date of effective partnership working, before considering the prospects for the PLO with respect to parental engagement. A number of key contextual obstacles are highlighted that will inevitably undermine the aspirations of the new outline, and a more general observation is drawn about the limits of procedure in effecting change in complex social issues.

April 2008 saw the introduction of a new Public Law Outline (PLO) that aims to improve judicial case management of Public Law Children Act cases. The PLO is a response to concerns about the rising number of care proceedings, associated costs, and the difficulties of achieving case resolution given this volume. Based on an ethos that care proceedings should be avoided wherever possible, the new approach to case management, which places significant emphasis on pre-proceedings work and the effective engagement of parents, can be seen to reinforce the 'no order principle' enshrined in the Children Act (CA) 1989. Focusing specifically on relationships between parents and professionals, this paper provides a critical discussion of the potential of the PLO to further promote consensual practices with parents. Discussion traces the introduction of the concept of partnership within the CA 1989, provides a review of the evidence to-date of effective partnership working, before considering the prospects for the PLO with respect to parental engagement. A number of key contextual obstacles are highlighted that will inevitably undermine the aspirations of the new outline, and a more general observation is drawn about the limits of procedure in effecting change in complex social issues. © 2009 Blackwell Publishing Ltd.

The topic of parental engagement in the context of child protection is of significant international interest, given much documented problems of achieving effective 'partnerships' where professional agencies raise serious concerns about children. This article reports the findings of a qualitative study of interaction between professionals and parents in the quasi-judicial setting of pre-proceedings meetings in England. Recent legislative changes in England and Wales have aimed to improve the prospects for effective partnership work with parents through a revised pre-proceedings process. Through detailed examination of parent-professional interaction using methods of applied discourse studies, the study highlights the constraints that institutional requirements create in terms of the differential rights and obligations of parents and professionals. Inevitably, that talk is asymmetrically organized in favour of the local authority, leads to resistance on the part of parents. The study highlights problems of engaging parents who display both active and passive forms of resistance, as they seek to challenge or reject organizational goals. The study concludes with broader observations about the likely limits of legislative efforts that seek to 're-order' the complex relationships between parents and professionals in child protection work. © The Author(s) 2011 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

Prompted by findings from the Munro Review of Child Protection, this paper provides a critical analysis of the combination of changes that appear to have undermined social workers ability to develop strong partnerships with children and their families. Here, we engage with a number of now familiar lines of critique that have exposed the negative consequences of aspects of New Labours modernisation agenda (such as excessive standardisation). However, we challenge our readers to think more broadly about the political foundations of the New Labour project and, in particular, to consider how neo-liberal policies have in the past and are likely in the future to lead to the intensification of inequalities, thus undermining effective family work. Efforts to deal with excessive rules and procedures, or the revision of performance targets, as suggested in the Munro Review, will not mitigate the corrosive effects of rising social inequality. If we are to think systemically, as Munro suggests, then we must consider the likely regressive impact of impending public sector and welfare cuts and challenge any moves to sideline family support and restrict social work to a narrow focus on child protection. © The Author 2011. Published by Oxford University Press on behalf of The British Association of Social Workers. All rights reserved.

The topic of parental engagement in the context of child protection is of significant international interest, given much documented problems of achieving effective 'partnerships' where professional agencies raise serious concerns about children. This article reports the findings of a qualitative study of interaction between professionals and parents in the quasi-judicial setting of pre-proceedings meetings in England. Recent legislative changes in England and Wales have aimed to improve the prospects for effective partnership work with parents through a revised pre-proceedings process. Through detailed examination of parent-professional interaction using methods of applied discourse studies, the study highlights the constraints that institutional requirements create in terms of the differential rights and obligations of parents and professionals. Inevitably, that talk is asymmetrically organized in favour of the local authority, leads to resistance on the part of parents. The study highlights problems of engaging parents who display both active and passive forms of resistance, as they seek to challenge or reject organizational goals. The study concludes with broader observations about the likely limits of legislative efforts that seek to 're-order' the complex relationships between parents and professionals in child protection work.

This paper examines the issue of professional advocacy for parents in England following the local authority issuing the Letter Before Proceedings when the concerns about the welfare of a child are so serious the local authority are considering applying for a care order. We explore the tensions of providing a legal advocacy service for parents - drawing on a study of 57 cases, scrutinised as part of the Coventry and Warwickshire Cafcass Pre-Proceedings Pilot (Broadhurst et al. 2012) and explores the contribution of legal representation for parents. The pre-proceedings meeting can be pivotal in terms of the direction of the case, the impression created at the meeting, and the action parties take afterwards. The importance of advocacy for parents was highlighted in the study both to facilitate parents' understanding of the issues, and to afford a level of protection of their rights. It is noteworthy that in 16 out of 82 pre-proceedings meetings no advocate was present, and in general fathers were less likely to be represented (although as reported the exact pattern appears more complex). Where advocates were present, contributions to the pre proceedings meeting varied from no input, to seeking points of clarification, and in 4 cases there was evidence of active 'brokering' on behalf of their clients. © 2013 Copyright Taylor and Francis Group, LLC.