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37 J. Soc. Welfare & Fam. L. 1 (2015)

handle is hein.journals/jnlosclwl37 and id is 1 raw text is: 


Journal of Social Welfare & Family Law, 2015                              3 Routledge
Vol. 37, No. 1, 1-2, http://dx.doi.org/10.1080/09649069.2015.1004864  ' ''




                                   EDITORIAL




We  are delighted to introduce the first issue of 2015 which sets the scene for what promises
to be another year of cutting edge, empirically rich research in social welfare and family
law.
    We  begin with  Kate Gooch's  critical review of the use of physical restraint with
children in penal custody. Her conclusions, which  are based on  interviews with child
offenders (15-17  years old) and prison staff and on a detailed legal and jurisprudential
analysis, reaffirm existing evidence that the punitive objectives of the justice system
undermine   any commitment   by  the authorities to children's rights obligations under
international law. The author's findings highlight the disturbing contrast between the
'control and restraint' techniques and, indeed, philosophy applied to children in prison to
the behaviour management   techniques allowed in other childcare settings. Moreover, the
findings suggest that, contrary to clearly established principles under international law,
physical restraint is all too often the default position rather than 'a measure of last resort'
and, in many   cases manifestly abusive. Raymond   Arthur's contribution complements
Gooch's  piece insofar as it considers the potential of citizenship to frame children's rights
in the context of youth offending. Locating his analysis within the broader literature on
gender, race and children's rights perspectives of citizenship, the author advocates a more
child-centred understanding of  citizenship which acknowledges   the need to calibrate
expectations and  penal sanctions according  to children's inherent vulnerabilities and
dependencies.
    The focus in the next two articles shifts to domestic violence. Sofia Graca scrutinises
the accessibility of domestic violence services for migrant  women,  with  a focus on
Portuguese women   in particular. Her qualitative findings (interviews with 24 Portuguese
women   living in England) highlight not only the practical factors (physical accessibility,
language and cost), but also the additional cultural factors that affect women's likelihood
to engage with different types of frontline support.
    By contrast, Maddy  Coy  et al.'s article explores women's experiences of domestic
violence when   cases are taken to court, and  specifically how instances of domestic
violence are brought to bear on judicial decisions around child contact. The authors point
to the ongoing tendency  to grant contact to abusive ex-partners despite clear guidance,
endorsed  by case law and  research, that there should be no automatic assumption that
contact with a violent parent is in the child's best interests. The authors interrogate current
practice in the light of recent legal, policy and procedural changes to the family justice
system. Their findings are informed by interviews with 34 women   going  through child
contact proceedings, and provide a unique insight into how readily evidence of domestic
violence can be sidelined and rendered irrelevant in private law proceedings involving
children.
    The last two articles of the main section explore the multi-agency dynamics of public
care proceedings. Lauren  Devine  evaluates social work  assessments of  families as a
gateway  to determining  service provision, and  interrogates whether this supposedly
'supportive' model of early intervention really does provide a more effective alternative to


© 2015 Taylor & Francis

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