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35 J. Soc. Welfare & Fam. L. 1 (2013)

handle is hein.journals/jnlosclwl35 and id is 1 raw text is: 



Journal of Social Welfare & Family Law, 2013                              Routiedge
Vol. 35, No. 1, 1-2, http://dx.doi.org/10.1080/09649069.2013.774599




               Editorial:  Late  modern justice for the family

                        Mavis  Maclean  and Helen  Stalford




Just over a year ago the Journal of Social Welfare and Family Law published a special
issue on Family Law  in Hard Times (2011, 33(4)). This was devoted to identifying the
problems associated with the government's plans to remove large areas of family law from
the scope of  legal aid. The policy paper announcing  the changes1 adopted  a rather
surprising approach to family disputes, describing them as 'not of the highest importance'
where  they are thought to arise from the personal decisions of those concerned. While
there is widespread support for the view that family disputes may be more comfortably and
appropriately managed  and  resolved managed  outside the legal system, and for the
addition of the various forms of Alternative Dispute Resolution (ADR) to the repertoire of
helping services, nevertheless there is, and will be for the foreseeable future, a small group
of people who are so troubled, vulnerable and/or conflicted that they need the help of the
court to sort out and manage their dispute and offer some assurance that a fair arrangement
will be enforced.
    This issue takes up the debate at the point where the Legal Aid, Sentencing and
Punishment  of Offenders  Act (LASPO)   comes  into force on  1 April 2013. This  is
happening  at the same time as a number of welfare reforms come into force, which are
likely to add to the pressures on family life by further reducing the public and private
resources available to deal with them.
    The first part of this special issue looks in detail at the effects of LASPO on family and
social welfare-related advice and support. We are grateful to Stephen Cobb (formerly
Chairman  of the Family Law Bar Association) for setting out the nature of many of the
changes affecting family law with clarity and authority.
    We  then turn to the question of how effective the changes will be achieving the
Government's  aim  of reducing public expenditure, set out by Graham Cookson.  This
contribution, from the perspective and experience of an economist, will, we hope, focus
more  attention on the use which can be made  of existing data while highlighting the
acknowledged  need for more. Chris Bevan's article develops a number of points raised by
Stephen Cobb, by offering a practitioner's view of the potential impact of an increase in the
number  of self-represented parties on the work of the family courts. A further insightful
practitioners' perspective is presented in Frances Meyler  and  Sarah Woodhouse's
contribution, which highlights the 'double-jeopardy' experienced by families in the context
of immigration proceedings. The  effect of the cuts in this regard will be particularly
profound for immigration advice providers and service users alike, insofar as they will
tighten the noose around  an already highly regulated, poorly funded and  politically
contentious area of social justice. These contributions are, in turn, complemented by Debra
Morris and Warren Barr's reflections on the significant (and, as yet, under-acknowledged)
impact of the legal aid cuts on charities, particularly those who fulfil a vital advice and
advocacy role for the socially and economically marginalised.
    The second part of this issue explores other ways of delivering and receiving family
and social welfare law advice in late modern society and how these might serve to limit


© 2013 Taylor & Francis

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