Litigants in person in private family law cases

1. Context (p1-2 of the Report) The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 removed most private family cases from the scope of legal aid after April 2013. It was anticipated that the volume and proportion of litigants in person (hereafter LIPs) would increase as a result. The Ministry of Justice commissioned research to explore both the characteristics and support needs of LIPs in private family law cases and their impact on the courts prior to the implementation of legal aid reforms. It was designed to inform policy and practice responses to LIPs following the legal aid changes. 2. Research design (p3-10 and p136-164 of the Report) The study was designed to develop understanding of the range of litigants in person in private family law cases, their behavioural drivers and support needs, and their impact on the court system. The research was designed as a primarily qualitative study focusing on understanding the range of experiences and perspectives, rather than a quantitative study seeking to measure variables. The research included three linked studies: • Intensive Cases Study (ICS). The largest element of the research involved detailed analysis of a sample of 151 cases heard in five courts over a three to four week data collection time frame in each court between January and March 2013. The approach was multi-perspectival, involving observation of the hearing in each case, interviews with the parties and professionals associated with the observed case (subject to consent and availability) and scrutiny of the court file. • Local Contextual Study (LCS). This involved a series of focus groups in each of the five courts with local stakeholders (judges, lawyers, Cafcass and court staff), interviews and observations with local LIP support organisations and observations of public areas such as court counters and waiting rooms. • Secondary Analysis Study (SAS). This involved secondary analysis relating to LIPs of two large national datasets from two current studies led by members of the research team. 3. Main findings 3.1 Characteristics of LIPs (p11-34 of the Report) The major reason for self-representation was an inability to afford a lawyer, with only around one quarter of LIPs indicating that their appearance in person was wholly or partially a matter of choice. Over half of the LIPs observed had had legal representation at some stage during the current proceeding and/or in previous family law proceedings. Only a small minority of LIPs were able to represent themselves competently in all aspects of their family law proceedings. Even those with high levels of education or professional experience struggled with aspects of the legal process. The great majority of LIPs were procedurally (and, where relevant, legally) challenged in some way, with some having no real capacity to advocate for their own or their children’s interests. A wide range of personal vulnerabilities were identified with around half of those observed experiencing one or more vulnerabilities which often added to their difficulties in self-representation and in some cases defeated their attempts to do so. A significant number were also trying to handle quite complex cases. LIPs may create problems for the courts by reason of non-appearances, refusal to engage with proceedings, or, less often, violent and aggressive behaviour. While non-appearances may be quite common, the reasons for apparent resistance to court proceedings, as for violence and aggression, may often be related to litigants’ vulnerabilities. Unmeritorious and serial applications did not appear to be brought any more often by the LIPs in the sample than by represented parties, although having to respond to these applications was another vulnerability faced by some women LIPs. 3.2 Pre-hearing preparations (p35-51 of the Report) Much of the work in a family case is conducted before and between hearings rather than in the courtroom itself. The list of tasks to be accomplished in the pre-court and between-hearing phases is quite extensive and technically and practically demanding. The list includes determining legal merits and translating a dispute into legal form; consideration of mediation; making an application using the correct form and filing and serving correctly; possible negotiation with the other side in the waiting room and subsequent handling of the case (e.g. handling disclosure, preparing and filing statements). The successful completion of these tasks was important for the smooth running of the case and for timely and effective hearings. The extent to which LIPs were able to complete those tasks was highly variable. Understandably, many LIPs struggled with a range of technical tasks, including understanding which application form to use, how to complete it and how to file and serve correctly. Some LIPs faced practical problems such as an inability to access or print out online forms. Many LIPs also did not grasp foundational legal principles or concepts such as the importance of disclosure or the expectation of negotiation or settlement. A significant part of the problem is that the family justice system and the pre-court processes, procedures and tasks are predicated on a full representation model with two trained and experienced lawyers undertaking all these preparatory tasks. At least at the time of the fieldwork, there had been limited adaptation of processes to support LIPs and instead LIPs were largely required to comply with existing processes. There had been comparatively little adaptation of documentation (forms, guidance, letters from court etc) to meet the needs of LIPs. There was limited face-to face contact, advice and support at all stages of the pre-court process and on arrival in the court building before the hearing. The support available from court service staff varied locally but was constrained by concerns about straying into giving legal advice. The reduction in court counter hours and switch to an appointment system in some courts has reduced further the opportunities for face-to-face support. The challenging and complex nature of the pre-hearing tasks, coupled with limited support and advice, was a source of anxiety and stress for many LIPs. It also had consequences for court service staff workloads as they had to deal with correspondence from LIPs or pick up the errors or omissions in LIP paperwork. Some of the problems also had a significant impact on the conduct of the hearing itself. 3.3 In the courtroom (p52-78 of the Report) The court system is based on an adversarial, full representation model with two lawyers presenting their client’s cases to an impartial arbiter – the judge – who will make a decision. The role of the lawyers is central. Hearings where both parties were represented were generally patterned, predictable and efficient. All participants understood their roles without any need for explanation or behaviour management. LIP hearings were far less standardised. There was considerable variation in who picked up the tasks that a lawyer would normally perform in their absence – whether it was a LIP, the judge, the lawyer for the represented party or nobody. There was also variation in how effectively those tasks were done. The data suggested that semi-represented cases had longer final hearings and required more hearings than fully represented and non-represented cases. Cases with a LIP were more likely to require adjudication or be withdrawn or dismissed. Secondary analysis of a dataset of financial remedy contested hearings also suggested that LIP cases were less likely to settle and less likely to settle early than fully represented cases. There was variation in how well LIP hearings appear to work or not work in court. Four types appeared relatively fair and efficient/effective: umbrella semi – the represented party’s lawyer works on behalf of both parties; third party (quasi) lawyer – the children’s lawyer acts as broker for both LIPs; fully inquisitorial judge – the judge takes on the role of lawyer(s) and judge holding-their-own LIPs – a competent LIP manages a simple hearing with support from the judge. Four types of hearing appeared inefficient/ineffective or unfair: “hot potato” hearings - chaotic hearings with disruptive LIPs, adjourned or listed for contested hearings; over-confident LIPs - rambling hearings unable to restrict LIPs to legally relevant matters; out of their depth LIPs – LIPs unable to understand/accomplish tasks resulting in longer or extra hearings and unprotected LIPs - LIPs unable to explore concerns/present case. A combination of factors appears to influence how well courts and LIPs cope. These include matter and hearing type (directions vs. substantive hearing), the approach of the judge and any legal representative, the availability of any facilitative third party and the capacity of the LIP(s). The availability of additional professional (legal) support for the LIP was often key to success. Three of the four types of ‘working’ hearings involved either a supportive lawyer or an activist/inquisitorial judge. Causes of delay included LIPs’ lack of understanding and experience meaning sometimes critical tasks were missed out, were done inadequately or were completed by the LIP only with considerable coaching and support from others, particularly judges. Ensuring equality of arms between parties was a real challenge, notably when a LIP was unaware of their legal entitlements and/or unable to do justice to their case. Judges varied considerably in the extent to which they helped LIPs, in itself a source of potential unfairness. Judicial attempts to support LIPs could be seen as unfair to represented parties in semi-representation cases. Two key ‘legal’ tasks - the preparation of bundles and cross-examination - were beyond the capacity of most LIPs unless they had considerable help. 3.4 The support needs of litigants in person (p79-100 of the Report) The LIP experience was mixed, sometimes better than expected but often stressful and confusing. LIPs reported fear and anxiety about the process, feeling marginalised and bewilderment and confusion, regardless of educational level. Factors that made the experience more positive were judges and sometimes opposing solicitors who took time to explain things and being able to draw upon previous experience of being at court. A degree of self-assurance or confidence was helpful, although over-confidence and an over-estimation of one’s understanding of the process could cause difficulties. The main support needs identified by LIPs were for information about process and procedure, emotional support, practical support and tailored legal advice including broad questions about their entitlements and specific questions about tactics and tasks. LIPs varied enormously in terms both of willingness and ability to seek support and of the effectiveness with which support was sought. A minority of LIPs were proactive in searching for information without any prompting by the courts. The proactive LIPs could be divided into the capable/organised and those with a scattergun/shot in the dark approach, although even the capable/organised could find it difficult to find the information they needed. Reactive LIPs responded to instructions or suggestions from family justice professionals, especially where those instructions were clear and precise. Passive LIPs relied on others to provide help, did not engage with the court process or had chaotic lifestyles. Support for LIPs at the time of the study was disparate, variable and limited. The internet has potential for informing LIPs, as well as some very significant drawbacks in relation to relevance, accuracy as well as accessibility for all. Few of the LIPs interviewed reported using the HMCTS or MoJ websites and those who did reported they did not meet their needs. Further, not all LIPs have access to online resources and, even for those who do, websites cannot adequately substitute for the tailored legal advice that many LIPs require. LIPs reported frustration that organisations like CABx, the court service and Cafcass were not able to offer advice and advised them to seek legal advice that could not be afforded. There is a dearth of free or low-cost legal advice in the community. Family and friends could be very helpful acting as informal supporters, but the development of paid ‘professional’ McKenzie Friends was a source of real concern to judges, lawyers and Cafcass officers. As previous studies have found, the courts did little signposting to sources of support. Professional training in how to support LIPs is needed. The development of support services for LIPs and training for professionals should be informed by, and responsive to, the different needs and help-seeking approaches of LIPs. 4. Policy Implications and Recommendations (p101-125 of the Report) 4.1 LIPS after 1st April 2013: eligibility for legal aid and the ‘new’ LIPs Chapter 6 of the Report considers the policy and practice implications of the findings reported above. The chapter begins with consideration of how far the findings are likely to apply after 1 April 2013. The available evidence suggested that the majority of represented parties in the sample who were in receipt of legal aid would no longer be eligible for legal aid after the LASPO reforms. In comparison with the observed pre-LASPO LIPs, the researchers would expect that LIPs post-LASPO would be less likely to be partially represented and more likely to present with vulnerabilities which affect their capacity to represent themselves effectively and create challenges for the courts in terms of safety at court, testing, disclosure and safeguarding children 4.2 Recommendations The report identified that LIPs have considerable needs for support across several dimensions. It also identified what the researchers consider to be best practices for meeting those needs, based on the team’s review of the literature and the observations and interviews with LIPs and family justice system professionals. It has not been part of the research team’s brief, however, to analyse the cost-benefit of these proposals or to produce a fully worked-up blueprint for change. This section, therefore, summarises the broad recommendations arising from the team’s analysis of the literature and the research data. Further detailed policy and operational consideration will of course be required to determine how these recommendations could be implemented. Information needs • That all relevant family justice communications, including forms, leaflets, practice directions, templates and pro forma, are re-evaluated from the perspective of LIPs and (if necessary) redesigned with their various needs in mind. • That a single authoritative ‘official’ family court website is established with all the resources that a LIP needs in one place. • That the court’s communication with parties prior to the first hearing is used more effectively to convey important information to LIPs. • That judges are encouraged to give LIPs clear verbal instructions and guidance on process and procedure. • That the court service provides increased opportunity for face-to-face inquiries with relevant court staff and that guidelines and training for court staff are devised to facilitate information-giving whilst avoiding giving advice. Emotional/moral support • That there is a presumption that a single family member, friend or volunteer may accompany a LIP in court to offer emotional/moral support without the need to submit a formal CV. • That consideration is given to the development of a code of conduct, practice guidance or regulatory framework for paid/’professional’ McKenzie Friends. Practical support and legal knowledge • That initial legal advice to facilitate dispute resolution and, where necessary, for initial preparation for court proceedings is made universally available. • That providing support for LIPs in a consistent way in both semi-represented and non-represented cases is understood as a key element of the judicial role; and that judicial officers receive appropriate guidance and training to do so. • That measures are introduced to ensure greater availability of and access to exceptional case funding in private family law matters. • That a mechanism is introduced to enable judicial recommendation for the provision of publicly funded representation in the interests of justice. • That the MoJ consider which other forms of legal and procedural assistance outlined in this Chapter for LIPs engaged in court proceedings can feasibly be supported or implemented. Other issues • Follow up independent research is needed to examine the impact of the legal aid reforms on the types and experiences of LIPs, their impact on the court system and the effectiveness of innovations and services to support LIPs

Decontamination of the hospital environment : new technologies for infection control

Environmental contamination is being increasingly recognized as a significant source of healthcare-associated infection (HAI). Cross-contamination of the patient from the environment can result from the direct transfer of organisms from the air and surfaces, or indirectly from the hospital environment via contact with healthcare workers or equipment. Traditional methods of environmental decontamination, including cleaning with disinfectants, and the standard infection control procedures implemented by modern Health Services, are critical to controlling the spread of potentially pathogenic microbial contaminants from environmental sources to the patient; however there is constant pressure to maintain, and indeed, improve on the standards that are in place to ensure optimal patient care. To address this issue, much research has been directed towards the development and testing of novel ‘whole-room’ environmental decontamination methods which could be used to enhance hospital hygiene, and consequently reduce the risk of HAI-acquisition from environmental sources. Gaseous methods such as the use of hydrogen peroxide, chlorine dioxide, ozone and steam, as well as ultraviolet and violet-blue visible light methods have all been laboratory tested, and to varying extents, clinically evaluated to assess their efficacy for environmental decontamination. This review article considers these different decontamination technologies, discussing their mechanism of action, antimicrobial efficacy, and advantages and limitations, with a view to providing the reader with a comprehensive overview of the technological advances being developed to reduce the levels of environmental contamination around patient areas, thus aiding in the fight against healthcare-associated infection

Simple guide to starting a research group

Conducting cutting-edge research and scholarship becomes more complicated with each passing year; forming a collaborative research group offers a way to navigate this increasing complexity. Yet many individuals whose work might benefit from the formation of a collaborative team may feel overwhelmed by the prospect of attempting to build and maintain a research group. We propose this simple guide for starting and maintaining such an enterprise

The distribution of transit durations for Kepler planet candidates and implications for their orbital eccentricities

‘In these times, during the rise in the popularity of institutional repositories, the Society does not forbid authors from depositing their work in such repositories. However, the AAS regards the deposit of scholarly work in such repositories to be a decision of the individual scholar, as long as the individual's actions respect the diligence of the journals and their reviewers.’ Original article can be found at : http://iopscience.iop.org/ Copyright American Astronomical SocietyDoppler planet searches have discovered that giant planets follow orbits with a wide range of orbital eccentricities, revolutionizing theories of planet formation. The discovery of hundreds of exoplanet candidates by NASA's Kepler mission enables astronomers to characterize the eccentricity distribution of small exoplanets. Measuring the eccentricity of individual planets is only practical in favorable cases that are amenable to complementary techniques (e.g., radial velocities, transit timing variations, occultation photometry). Yet even in the absence of individual eccentricities, it is possible to study the distribution of eccentricities based on the distribution of transit durations (relative to the maximum transit duration for a circular orbit). We analyze the transit duration distribution of Kepler planet candidates. We find that for host stars with T > 5100 K we cannot invert this to infer the eccentricity distribution at this time due to uncertainties and possible systematics in the host star densities. With this limitation in mind, we compare the observed transit duration distribution with models to rule out extreme distributions. If we assume a Rayleigh eccentricity distribution for Kepler planet candidates, then we find best fits with a mean eccentricity of 0.1-0.25 for host stars with T ≤ 5100 K. We compare the transit duration distribution for different subsets of Kepler planet candidates and discuss tentative trends with planetary radius and multiplicity. High-precision spectroscopic follow-up observations for a large sample of host stars will be required to confirm which trends are real and which are the results of systematic errors in stellar radii. Finally, we identify planet candidates that must be eccentric or have a significantly underestimated stellar radius.Peer reviewedFinal Accepted Versio

Recent Corrections to Meteoroid Environment Models

The dynamical and physical characteristics of a meteoroid affects its behavior in the atmosphere and the damage it does to spacecraft surfaces. Accurate environment models must therefore correctly describe the speed, size, density, and direction of meteoroids. However, the measurement of dynamical characteristics such as speed is subject to observational biases, and physical properties such as size and density cannot be directly measured. De-biasing techniques and proxies are needed to overcome these challenges. In this presentation, we discuss several recent improvements to the derivation of the meteoroid velocity, directionality, and bulk density distributions. We derive our speed distribution from observations made by the Canadian Meteor Orbit Radar. These observations are de-biased using modern descriptions of the ionization efficiency and sharpened to remove the effects of measurement uncertainty, and the result is a meteoroid speed distribution that is skewed slower than in previous analyses. We also adopt a higher fidelity density distribution than that used by many older models. In our distribution, meteoroids with T(sub J) less than 2 are assigned to a low-density population, while those with T(sub J) greater than 2 have higher densities. This division and the distributions themselves are derived from the densities reported by Kikwaya et al. (2009, 2011). These changes have implications for the environment. For instance, helion and antihelion meteors have lower speeds and higher densities than apex and toroidal meteors. A slower speed distribution therefore corresponds to a sporadic environment that is more completely dominated by the helion and antihelion sources than in previous models. Finally, assigning these meteors high densities further increases their significance from a spacecraft damage perspective

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Meteoroids are known to damage spacecraft: they can crater or puncture components, disturb a spacecraft's attitude, and potentially create secondary electrical effects. Because the damage done depends on the speed, size, density, and direction of the impactor, accurate environment models are critical for mitigating meteoroid-related risks. Yet because meteoroid properties are derived from indirect observations such as meteors and impact craters, many characteristics of the meteoroid environment are uncertain. In this work, we present recent improvements to the meteoroid speed and density distributions. Our speed distribution is derived from observations made by the Canadian Meteor Orbit Radar. These observations are de-biased using modern descriptions of the ionization efficiency. Our approach yields a slower meteoroid population than previous analyses (see Fig. 1 for an example) and we compute the uncertainties associated with our derived distribution. We adopt a higher fidelity density distribution than that used by many older models. In our distribution, meteoroids with TJ less than 2 are assigned to a low-density population, while those with TJ greater than 2 have higher densities (see Fig. 2). This division and the distributions themselves are derived from the densities reported by Kikwaya et al. These changes have implications for the environment: for instance, the helion/antihelion sporadic sources have lower speeds than the apex and toroidal sources and originate from high-T(sub J) parent bodies. Our on-average slower and denser distributions thus imply that the helion and antihelion sources dominate the meteoroid environment even more completely than previously thought. Finally, for a given near-Earth meteoroid cratering rate, a slower meteoroid population produces a comparatively higher rate of satellite attitude disturbances

Gravitational Couplings of Intrinsic Spin

The gravitational couplings of intrinsic spin are briefly reviewed. A consequence of the Dirac equation in the exterior gravitational field of a rotating mass is considered in detail, namely, the difference in the energy of a spin-1/2 particle polarized vertically up and down near the surface of a rotating body is $\hbar\Omega\sin\theta$. Here $\theta$ is the latitude and $\Omega = 2GJ/(c^2 R^3)$, where $J$ and $R$ are, respectively, the angular momentum and radius of the body. It seems that this relativistic quantum gravitational effect could be measurable in the foreseeable future.Comment: LaTeX file, no figures, 16 page