Achieving positive change for children? Reducing the length of child protection proceedings: lessons from England and Wales

Court decisions are required to remove children, compulsorily, from their families, and approve permanent care arrangements which restrict or terminate parents’ rights. The children involved are mostly young, have experienced serious abuse or neglect and may require permanent placement away from their parent(s) for their remaining childhoods. In England and Wales, justice to parents has dominated the rhetoric about these proceedings; this has resulted in lengthy proceedings, long periods of uncertainty for children and reduced placement options. In order to reduce delays, reforms in England and Wales have set a time limit for the completion of care proceedings. The Children and Families Act 2014 limits proceedings to 26 weeks; approximately 60% of care proceedings are now completed within this period. This article will discuss the impact of these reforms on decision-making for children, questioning whether they achieve both good decisions for children and justice for families. It uses the findings of an ESRC-funded study: ‘Establishing outcomes of care proceedings for children before and after care proceedings reform (2015–2018)’

Lost in space? The role of place in the delivery of social welfare law advice over the telephone and face-to-face

Advice that is provided exclusively over the telephone has been promoted by government as more convenient and accessible than face-to-face appointments. The resulting push towards telephone-only provision, as implemented by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges the long history of association between social welfare law advice and local delivery within disadvantaged communities. This article reports on qualitative research comparing telephone and face-to-face advice which uncovers the continuing relevance of place in the dynamics and mechanics of social welfare law provision. Familiarity with the geographical location, knowledge of local policies and procedures, relationships with opponents and allies, and an understanding of the ‘local legal culture’ mean that face-to-face advisers are often able to conduct their legal casework more effectively. Conversely, local knowledge is unlikely to be available to Community Legal Advice telephone advisers. This research suggests that, in addition, telephone-only advisers may be developing a more narrow understanding of the essential qualities of casework. These findings are particularly significant in view of the likely future expansion of remote methods of delivery in legal aid work

Adversarialism in informal, collaborative, and 'soft' inquisitorial settings : lawyer roles in child welfare legal environments

This article explores the challenges and benefits of increased legal representation in child welfare hearings, with reference to the Scottish Children’s Hearings System. We look at the role and impact of adversarial behaviours within legal environments intended to follow an informal, collaborative approach. We analyse the views of 66 individuals involved in the Hearings System, including reporters, social workers, panel members and lawyers, collected through four focus groups and 12 interviews held in 2015. We place this analysis in the context of previous research. Our findings identify concern about adversarialism, inter-professional tensions and various challenges associated with burgeoning legal representation. Difficulties stem from disparate professional values and perceived threats to the ethos of hearings. We conclude it is difficult, but possible, to incorporate an adversarial element into such forums. Doing so may help to protect rights and potentially improve decision-making for children and families. The article concludes by considering implications for the practice of lawyers and others

Modernising justice The Funding Code; a new approach to funding civil cases

SIGLEAvailable from British Library Document Supply Centre-DSC:GPE/4922 / BLDSC - British Library Document Supply CentreGBUnited Kingdo

Reforming the civil advice and assistance scheme Exclusive contracting; report to the Lord Chancellor following consultation

See 99/35337 for the response of the Lord ChancellorSIGLEAvailable from British Library Document Supply Centre-DSC:99/35216 / BLDSC - British Library Document Supply CentreGBUnited Kingdo

Access to Justice Act 1999 The Funding Code

SIGLEAvailable from British Library Document Supply Centre-DSC:99/36499 / BLDSC - British Library Document Supply CentreGBUnited Kingdo

Exclusive contracting of legal advice and assistance for civil matters and certificated legal aid in family/matrimonial matters Contract documentation; draft for consultation

SIGLEAvailable from British Library Document Supply Centre-DSC:99/36020 / BLDSC - British Library Document Supply CentreGBUnited Kingdo

The Funding Code A new approach to funding civil cases: report to the Lord Chancellor following consultation

SIGLEAvailable from British Library Document Supply Centre-DSC:99/36500 / BLDSC - British Library Document Supply CentreGBUnited Kingdo

Issues arising for the Legal Aid Board and the Lord Chancellor's Department from multi-party actions

SIGLEAvailable from British Library Document Supply Centre-DSC:f99/2341 / BLDSC - British Library Document Supply CentreGBUnited Kingdo

The Scottish Legal Aid Board Criminal legal aid fees and taxation guidelines

SIGLEAvailable from British Library Document Supply Centre-DSC:GPD/1222 / BLDSC - British Library Document Supply CentreGBUnited Kingdo