A case study approach: Legal Outreach Clinics at Northumbria University

Through a case study approach, this paper discusses two projects which have been established by clinical supervisors at Northumbria University to support access to justice and promote the development of students’ professional skills and identities through CLE within disadvantaged or minority communities in the North East of England. The projects adopt the model of ‘legal outreach services’ because they operate within distinct communities to provide advice to target groups. The paper will first discuss the different models of CLE; simulation, drop in clinics, letters of advice and full representation. The second part of the paper will go on to discuss legal outreach models and set out the key features of the legal outreach approach. The third part of the article will set out the considerations underpinning the two outreach projects operated by Northumbria Law School: Legal Advice Byker (LAB) and Empower 4 Justice (E4J). The fourth part of the paper will set out in detail the operation of LAB and E4J. The final part of the article will discuss the benefits and limitations of this approach to CLE from a student and community perspective

Stay home, stay safe, save lives? An analysis of the impact of COVID-19 on the ability of victims of gender-based violence to access justice

On 23 March 2020, the United Kingdom (UK) government introduced new measures aimed at reducing the spread of coronavirus (Covid-19). These measures directed the closure of non-essential businesses and venues, prohibited all public gatherings of more than two people and required everyone to stay at home except for very limited purposes. The rationale behind the measures was clear: Stay Home, Stay Safe, Save Lives. Within days of the lockdown coming into force, reports emerged within the media that services supporting victims of gender-based violence (GBV) were facing an unprecedented increase in demand for assistance, indicating that cases of abuse were on the rise. Although GBV is not caused by lockdown measures, evidence indicates that they may increase the incidence rate and/or the severity of GBV in households where it is already being perpetrated. These findings are in line with existing research which demonstrates that natural disasters, disease and other forms of conflict leave citizens (particularly women and girls) vulnerable to GBV. Preventing and responding to GBV in times of humanitarian crises is a vital but challenging endeavour. Whilst support services struggle to secure adequate resources and capacity, restrictions on leaving the house mean that victims face barriers to reporting abuse and seeking help. Within this context, this article will analyse the impact of Covid-19 on the ability of victims of GBV to access justice. The first part of this article will explore the role of GBV organisations in the UK, the impact of humanitarian crises on reported rates of GBV, and how GBV can be mitigated during the Covid-19 outbreak. The second part of the article examines the effectiveness of the response to the crisis from government and public sector agencies including Her Majesty’s Courts and Tribunal Service (HMCTS), the Crown Prosecution Service (CPS) and the police. The third and final part of the article presents the findings of a UK wide study conducted by the authors into the impact of Covid-19 on GBV organisations and victims. Throughout the article, recommendations are made as to the ways in which GBV organisations could be more effectively supported to ensure justice for victims at this critical time

Just-ish? An Analysis of Routes to Justice in Family Law Disputes in England and Wales

It is widely documented that the formal family justice system in England and Wales is in crisis. The family courts are plagued by delays and backlogs, whilst parties struggle to secure access to advice and representation due to cuts to public funding. Increasingly, litigants face economic, physical and cultural barriers to courts brought about by rising court fees, reforms to the court system and demographic changes which have resulted in diverse family forms for whom the family courts may have little legitimacy. The first part of this article examines how recent changes to family law and policy in England and Wales have reduced the ease with which parties are able to achieve procedural and substantive justice through the family courts. The second part of the article analyses how forums of dispute resolution which are delivered by non-state actors, but which rely on the state for their authority, have evolved to fill this justice gap and are therefore indicative of a move towards ‘weak’ legal pluralism in the context of family justice. It is argued that although the family courts are still an important cornerstone of the justice landscape, alternative forums of dispute resolution increasingly play a positive role in enabling disputants to achieve their procedural and substantive goals and this is strengthened by a weak approach to legal pluralism which upholds the autonomy of the parties whilst also ensuring necessary protections and safeguards for vulnerable litigants. The article therefore challenges critics of weak pluralism, who perceive that reliance on state recognition precludes institutions playing an important role outside of the state hierarchy

Clinical Legal Education as an Effective Tool for Improving the Accessibility of Protective Injunctions for Victims of Domestic Abuse: A Case Study Example of the Models of Support Available at Northumbria University

Protective injunctions are at the forefront of the family justice system’s response to protecting victims of domestic abuse. The accessibility of orders, however, has been compromised by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which has reduced the availability of public funding for victims of domestic abuse and led to an increase in victims representing themselves in such proceedings. Research indicates that without legal support, a victim’s prospects of securing protection can be adversely affected, demonstrating a need for pro bono assistance for those who cannot afford to pay privately for legal services. Whilst the provision of pro bono support in areas of unmet need is a principal aim of clinical legal education, research shows that few clinical programs in England and Wales offer specialist services for victims of domestic abuse. This paper therefore considers the role that clinical legal education can play in improving the accessibility of protective injunctions. Part one sets out a review of recent reforms within the family justice system and analyses how they have created an increased demand for pro bono legal support for victims of domestic abuse. Part two examines the clinical landscape and the potential benefits to students of providing support to victims. By drawing on the case study of the Student Law Office at Northumbria University, part three sets out the various models of clinical legal education that may be utilised to support victims of domestic abuse. The benefits and limitations of each option for students and victims will also be considered. The paper is a helpful point of reference for clinicians and family law practitioners working in partnership with law school clinics who are considering offering support in this area

Seeking and securing protection from domestic abuse through the family courts: an examination into the accessibility of non-molestation and occupation orders under Part IV of the Family Law Act 1996 and Domestic Abuse Protection Orders under Part Three of the Domestic Abuse Act 2021

This work, published over a four-year period, focusses on the accessibility of non-molestation and occupation orders under Part IV of the Family Law Act 1996 and Domestic Abuse Protection Orders (DAPOs) under Part Three of the Domestic Abuse Act 2021. The collection addresses three questions (i) To what extent are non-molestation orders and occupation orders accessible to victims of domestic abuse? (ii) How is the accessibility of these orders impacted by societal crises such as Covid-19 and what lessons can be learned for future crises? (iii) To what extent is the new DAPO likely to be a more accessible form of protection than non molestation and occupation orders? The work is both retrospective, analysing the impact of key reforms on accessibility (i.e., the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)) and forward looking, exploring how the Domestic Abuse Act 2021 may facilitate access to remedies by reforming the law on special measures and introducing a new protective order. The work is also timely in charting a pathway for the future of the family court as decisions are being made about the extent to which the Remote Access Family Court (RAFC) will be retained, even after pandemic-related reasons for its use no longer apply. The work combines doctrinal and empirical research and draws on qualitative and quantitative data from four separate projects. A range of voices are represented in the data including legal practitioners, professionals supporting victims of domestic abuse and victims themselves. The central conclusion reached is that the accessibility of protective orders has been undermined by wider family justice reforms which have taken place over the last decade as part of austerity measures and which have reduced the accessibility of the family courts more generally. Whilst it was intended that legal aid should be preserved for victims of domestic abuse, the restrictive means test has resulted in large numbers of victims being ineligible for public funding. This has had the impact of both deterring some victims from pursuing protection and increasing the number of victims who appear as litigants in person. The work highlights that litigants in person can experience barriers at all stages of the court process and these barriers may reduce a victim’s prospects of securing protection. In relation to the rates at which orders are granted, the research shows that whilst non-molestation orders are granted generously, the odds are stacked against victims to secure occupation orders – a trend which has been exacerbated during the Covid-19 pandemic. Although there was a sustained increase in applications for non-molestation orders and occupation orders in the first year of the pandemic, suggesting that the transition to the RAFC has not impeded victims’ access to protective orders, the pandemic has exacerbated pre-existing barriers for litigants in person. Notwithstanding, the research also identifies benefits of the RAFC in safeguarding victims’ safety and wellbeing, indicating there is value in retaining remote hearings in some circumstances beyond the pandemic. Whilst prima facie the new DAPO is set to offer a more accessible form of protection (both because of the availability of third-party applications and because the legal requirements to secure an order are lower than the existing criteria for occupation orders), there is a need for thoughtful implementation to ensure that existing problems are not simply transferred across to the new regime

'Should I Stay or Should I Go Now? If I Go There Will be Trouble and If I Stay It Will be Double': An Examination into the Present and Future of Protective Orders Regulating the Family Home in Domestic Abuse Cases in England and Wales

Occupation orders are the dedicated legal remedy through which victims of domestic abuse can be supported to remain in the family home following a relationship breakdown. Case law indicates, however, that victims experience barriers to securing orders due to the high threshold criteria and because concerns about protecting the rights of perpetrators has led to judicial reluctance to grant extensive protection to victims. The options for providing protection to victims of abuse in respect of the family home are shortly set to be reformed by the Domestic Abuse Act 2021, which creates a new Domestic Abuse Protection Order (DAPO). It is anticipated that DAPOs will be easier to secure because they will have a lower threshold criteria, they will be available in family, civil and criminal proceedings, and both victims and third parties will be able to make an application thereby alleviating the burden on victims who feel unable to take any action. Whilst there is no intention at this point to repeal occupation orders, the Home Office has acknowledged that ‘DAPOs will become the ‘go to’ protective order in cases of domestic abuse’ suggesting that occupation orders will be replaced by DAPOs in most cases. By drawing on data obtained from an analysis of court statistics, a questionnaire of legal practitioners and domestic abuse specialists, and in-depth interviews with victims of domestic abuse, this paper offers original empirical insights into where the current law fails victims of domestic abuse. The analysis reveals three key barriers to securing occupation orders. Firstly, despite the Legal Aid, Sentencing and Punishment of Offenders Act 2012 making efforts to preserve legal aid for victims of domestic abuse, the means test is difficult for victims to satisfy, resulting in increases both to the number of victims taking no action to pursue protection and who act as litigants in person in occupation order proceedings. Secondly, the prospects of a victim securing protection can be adversely affected by their unrepresented status. Thirdly, despite case law indicating a less restrictive approach to granting occupation orders, many victims continue to struggle to satisfy the strict threshold criteria. Some judges are seemingly willing to bypass this by granting alternative remedies which may offer victims a weaker form of protection in respect of the family home. Where orders are granted, the data suggest this is on restricted terms and for limited durations which reduce their effectiveness at preventing post-separation abuse and supporting victims to regulate their short and longer-term housing situation. These empirical findings are then situated within a discussion of the Domestic Abuse Act 2021. The authors analyse whether forthcoming DAPOs are likely to offer a more accessible and effective form of protection than occupation orders. The analysis suggests that by increasing the scope of applicants, the breadth and flexibility of available protection and the sanctions for breach, DAPOs have the potential to remedy many of the existing barriers to securing protection over the family home. As is always the case with new legislation however, the key will be in its implementation, to ensure that existing issues are not simply transferred across to the new regime. The findings are novel because academic commentaries on protective injunctions typically focus on ‘personal protection’ offered by non-molestation orders, domestic violence protection orders, and restraining orders, meaning that both occupation orders and protection for victims in respect of the family home are under-researched areas of domestic abuse

Covid-19 and the Family Courts: Key Practitioner Findings in Children Cases

In March 2020, stringent social distancing measures were introduced across England and Wales to reduce the spread of Covid-19. These measures have presented significant challenges for the family justice system. This article sets out the findings of interviews conducted with professionals in the North East of England who have represented or otherwise supported litigants in private and public children proceedings since social distancing measures were introduced. The findings reveal that whilst practitioners are broadly positive about their experiences of shorter non-contested hearings, they nonetheless have concerns about the effectiveness of remote/hybrid hearings in ensuring a fair and just process in lengthy and complex cases. In particular, the findings indicate that the move to remote hearings has exacerbated pre-existing barriers to justice for unrepresented and vulnerable litigants. The aims of this article are not to ‘name and shame’ any particular court but to highlight evidence of good practice in the North East of England and provide scope for improving practitioners’ and litigants’ experiences within current restrictions

Diverse coordination numbers and geometries in pyridyl adducts of lanthanide(III) complexes based on beta-diketonate

t: Ten mononuclear rare earth complexes of formula [La(btfa)3 (H2O)2 ] (1), [La(btfa)3 (4,40 - Mt2bipy)] (2), [La(btfa)3 (4,40 -Me2bipy)2 ] (3), [La(btfa)3 (5,50 -Me2bipy)2 ] (4), [La(btfa)3 (terpy)] (5), [La(btfa)3 (phen)(EtOH)] (6), [La(btfa)3 (4,40 -Me2bipy)(EtOH)] (7), [La(btfa)3 (2-benzpy)(MeOH)] (8), [Tb(btfa)3 (4,40 -Me2bipy)] (9) and (Hpy)[Eu(btfa)4 ] (10), where btfa = 4,4,4-trifuoro-1-phenylbutane1,3-dionato anion, 4,40 -Mt2bipy = 4,40 -dimethoxy-2,20 -bipyridine, 4,40 -Me2bipy = 4,40 -dimethyl2,20 -bipyridine, 5,50 -Me2bipy = 5,50 -dimethyl-2,20 -bipyridine, terpy = 2,20 :60 ,20 -terpyridine, phen = 1,10-phenathroline, 2-benzpy = 2-(2-pyridyl)benzimidazole, Hpy = pyridiniumH+ cation) have been synthesized and structurally characterized. The complexes display coordination numbers (CN) eight for 1, 2, 9, 10, nine for 5, 6, 7, 8 and ten for 3 and 4. The solid-state luminescence spectra of Tb-9 and Eu-10 complexes showed the same characteristic bands predicted from the Tb(III) and Eu(III) ions. The Overall Quantum Yield measured (φTOT) at the excitation wavelength of 371 nm for both compounds yielded 1.04% for 9 and up to 34.56% for 10 years

A global perspective on the trophic geography of sharks

Sharks are a diverse group of mobile predators that forage across varied spatial scales and have the potential to influence food web dynamics. The ecological consequences of recent declines in shark biomass may extend across broader geographic ranges if shark taxa display common behavioural traits. By tracking the original site of photosynthetic fixation of carbon atoms that were ultimately assimilated into muscle tissues of 5,394 sharks from 114 species, we identify globally consistent biogeographic traits in trophic interactions between sharks found in different habitats. We show that populations of shelf-dwelling sharks derive a substantial proportion of their carbon from regional pelagic sources, but contain individuals that forage within additional isotopically diverse local food webs, such as those supported by terrestrial plant sources, benthic production and macrophytes. In contrast, oceanic sharks seem to use carbon derived from between 30° and 50° of latitude. Global-scale compilations of stable isotope data combined with biogeochemical modelling generate hypotheses regarding animal behaviours that can be tested with other methodological approaches.This research was conducted as part of C.S.B.’s Ph.D dissertation, which was funded by the University of Southampton and NERC (NE/L50161X/1), and through a NERC Grant-in-Kind from the Life Sciences Mass Spectrometry Facility (LSMSF; EK267-03/16). We thank A. Bates, D. Sims, F. Neat, R. McGill and J. Newton for their analytical contributions and comments on the manuscripts.Peer reviewe

Global maps of soil temperature

Research in global change ecology relies heavily on global climatic grids derived from estimates of air temperature in open areas at around 2 m above the ground. These climatic grids do not reflect conditions below vegetation canopies and near the ground surface, where critical ecosystem functions occur and most terrestrial species reside. Here, we provide global maps of soil temperature and bioclimatic variables at a 1-km2 resolution for 0–5 and 5–15 cm soil depth. These maps were created by calculating the difference (i.e. offset) between in situ soil temperature measurements, based on time series from over 1200 1-km2 pixels (summarized from 8519 unique temperature sensors) across all the world\u27s major terrestrial biomes, and coarse-grained air temperature estimates from ERA5-Land (an atmospheric reanalysis by the European Centre for Medium-Range Weather Forecasts). We show that mean annual soil temperature differs markedly from the corresponding gridded air temperature, by up to 10°C (mean = 3.0 ± 2.1°C), with substantial variation across biomes and seasons. Over the year, soils in cold and/or dry biomes are substantially warmer (+3.6 ± 2.3°C) than gridded air temperature, whereas soils in warm and humid environments are on average slightly cooler (−0.7 ± 2.3°C). The observed substantial and biome-specific offsets emphasize that the projected impacts of climate and climate change on near-surface biodiversity and ecosystem functioning are inaccurately assessed when air rather than soil temperature is used, especially in cold environments. The global soil-related bioclimatic variables provided here are an important step forward for any application in ecology and related disciplines. Nevertheless, we highlight the need to fill remaining geographic gaps by collecting more in situ measurements of microclimate conditions to further enhance the spatiotemporal resolution of global soil temperature products for ecological applications