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31 J. Soc. Welfare & Fam. L. 1 (2009)

handle is hein.journals/jnlosclwl31 and id is 1 raw text is: Journal of Social Welfare & Family Law I Vol. 31, No. 1, March 2009, 1-2 EDITORIAL This first issue of 2009 includes a diverse range of papers drawing, as always, on a variety of research methodologies. We are particularly pleased to welcome the return of the European Developments Section under the direction of a new editor, Dr Samantha Currie, from the University of Liverpool. Samantha replaces Jo Hunt and Chloe Wallace in this role, and will no doubt maintain the high standard set by them. The first paper, by Anne Morris and Sue Nott, critiques the decision in Evans in which a woman was denied the possibility of using stored embryos following the withdrawal of the father's - her ex-partner - consent. The discussion highlights the tensions this decision creates between the rights of the different parties. In particular, it questions whether the crucial distinction between in vitro and in vivo fertilisation, on which the decision largely rests, is sufficiently persuasive to prioritise the right not to be a father over a woman's right to be a mother. The authors argue that, by retaining the father/donor's right to withdraw consent to the use or implantation of an embryo, the amended Human Fertilisation and Embryology Act 2008 entrenches fatherhood as an elective status following assisted reproduction. Moreover, in stark contrast to the legal approach to natural conception and pregnancy, it leaves the fate of the embryo and, indeed, that of the mother, entirely within the hands of the man. The second paper, by Shereen Hussein et al., presents the findings of empirical research into the use of the Protection of Vulnerable Adults (POVA) list. This was established in 2000 to enable employers to protect service users from workers who have been disciplined for misconduct or abusive behaviour towards adults in their care in the past. Building on their other research, the authors explore the various mitigating factors put forward to avoid permanent placement on the POVA List. The findings reveal three main clusters of mitigating factors relating to the work environment, staff training and the personal characteristics of the care worker. In the process, the analysis highlights the complex range of factors leading to misconduct and reinforces the importance of hearing the perspective of the accused as a crucial means of addressing the root causes of such problems. Philip Larkin's paper discusses the rights of migrant workers from the more recent EU accession states to social security benefits in the UK should they become unemployed. Locating his analysis in the context of the European Court of Justice's (ECJ) expansive jurisprudence and accompanying legislation, the article questions the legality of denying migrant workers access to EU citizenship entitlement until they have completed at least one year of lawful and continuous employment. The author argues that such measures not only conflict with a strict interpretation of EU law on nationality discrimination and citizenship, but also serve as a potential barrier to mobility and an outright contradiction of the internal market ethos. In a neat complement to this paper, in the European Developments Section, Samantha Currie examines in more detail the UK Workers' Registration Scheme. In a seemingly generous concession to the EU transitional measures, this scheme ISSN 0964-9069 print/ISSN 1469-9621 online © 2009 Taylor & Francis DOI: 10.1080/09649060902761248 http://www.informaworld.com

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