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In principle, it is possible for a couple to get married in a register office in England or Wales for £127 (including the cost of giving notice and a certificate). In this article, we draw on empirical research to show how limited this option is in practice. Its availability is constrained by the scarcity of register offices limited slots for weddings, and the addition of other fees not provided for in the regulations. Its accessibility is often not obvious from local authorities' websites, and the administration of such a wedding varies hugely, with some local authorities treating it as a no-frills legal procedure, and others regarding it as a significant ceremony that is incomplete without music or a reflective introductory speech by the superintendent registrar – even if the couple wanted neither. With significant numbers of couples having a register office wedding because the marriage ceremony they choose to have to reflect their beliefs is not legally binding, there is a need to address these issues of availability, accessibility and administration so that couples are not put off or discriminated against. Further research is also needed to explore how these issues impact those with limited means. [ABSTRACT FROM AUTHOR]

This study offers a personal reflection on 18 months at the Family Bar. It provides a unique perspective on a family justice system, which despite acute pressure has retained some of the most compassionate professionals who despite severe cuts to funding, and lack of resources, continue to work efficiently and effectively and with good humour, under stress. The authors are experienced practising lawyers who have published extensively in the area of family law relating to children and family justice. This experience, coupled with the methodological approach of autoethnography, provides a distinct perspective to which academics and practitioners may relate. The aim of this paper is to reflect upon the impact of recent changes in family justice on barristers working in both private and public law family cases. [ABSTRACT FROM AUTHOR]

This paper reports on the England part of a research project exploring judicial decision making in eight jurisdictions with respect to care applications in respect of new-born infants. Descriptive data are provided on a total cohort of 278 care applications made to three English family court care centres in 2016. Attention is paid to final orders made and findings are reported on differences between the three care centres with respect to the proportions of orders made (mainly placement orders; but also care orders and Special Guardianship Orders). A particular focus of the paper is on the 'transparency' of court processes as evidenced by the availability of transcripts of judgements. To add to the small proportion of cases (11%) where a transcript was available, 30 English judgements on new-borns reported to the BAILII data base in 2016 were also analysed. Differences were found between proportions of orders made when a judgement transcript was or was not available. It is argued that these results add to the call for greater transparency in the family courts. [ABSTRACT FROM AUTHOR]

As the psychological impact of childhood exposure to domestic abuse gains more traction, referring to children as 'the hidden victims of domestic abuse' is becoming increasingly inaccurate and reductionist. Representing children as mere witnesses of domestic abuse also poses wider implications from the view of law and policy. Jurisdictions which recognise children as direct victims rather than hidden witnesses of domestic abuse, for example, send a clear message that the psychological harm of experiencing domestic abuse merits robust intervention (e.g. additional funding for child-specific support and services). Using a comparative approach, this study analyses the legal recognition of children who experience domestic abuse for the purposes of exploring how the child should be conceptualised in laws regulating childhood exposure to domestic abuse. For this comparative review, the jurisdictions of England and Wales, New Zealand and the United States (specifically the State of Washington) were selected, on the basis that they all respond to child experiences of domestic abuse in distinct ways that raise pertinent points of contrast. Whilst the State of Washington relies primarily on perpetrator-centric, criminal law responses to child experiences of domestic abuse, England and Wales and New Zealand resort to family law mechanisms that focus more on the child and the parent–child relationship. All in all, these points of contrast are pertinent because they provide an exploratory view of how the child should be conceptualised in law and policy. As this paper submits, conceptualising the child as a direct victim of domestic abuse––as reflected in England and Wales and New Zealand's legislative efforts––works to send a powerful message about the severity of harm that children suffer when they experience domestic abuse. The State of Washington, on the other hand, has much to learn from England and Wales and New Zealand's conceptualisation of the child, as its current legislative efforts appear to be rooted in an outdated understanding of the child as a mere collateral witness. [ABSTRACT FROM AUTHOR]

An ambitious reform programme in the UK to digitalise the justice system has been underway since 2016. The recent report carried out for the Administrative Justice Council (AJC) by the authors Digitisation andAccessingJustice in theCommunity, described how prepared advice providers were for giving digital assistance concerning welfare benefits, and found that organisations were unable to meet the demand for services across all levels of social welfare law, and that there was a high level of demand for digital assistance. This paper then adds data from the follow up Welfare Advice Survey carried out for the JUSTICE/AJC benefits reform working party by the authors, which examines the technical capability of the advice sector to provide remote social welfare advice delivery after the onset of the pandemic (see fns 1 and 3 below). The paper describes how advice providers have been working during the first seven months of the pandemic in 2020 and how the migration to remote advice delivery has changed their services and impacted on their clients. A conceptual framework of needs is then developed and offered as a lens through which to think about the new sets of demands on advisers and clients. [ABSTRACT FROM AUTHOR]

Application forms are often the compulsory interface between citizens and their social rights. Applicants for support must navigate the questions, checklists and blank spaces in often long, detailed documents to assert their social entitlements. Given their ubiquity and the central role they play in the administration of the welfare state, it is perhaps surprising that they have been neglected in favour of a focus on other documentation, principally policy and guidance. This paper argues that the non-fettering ground of review – a principle whose jurisprudence is tied to the design and use of policy – also engages application forms. Through an analysis of 271 application forms used to administer the localised Discretionary Housing Payment scheme in England, three examples of their fettering potential are provided: the imposition of exhaustive criteria; requiring the applicant to self-classify or disclose irrelevant considerations; and constraining responses through tied evidential requirements. By arguing that the non-fettering ground should not limit itself to one kind of document (policy) when administrators are so reliant on another (application forms), the paper's broader agenda is to argue that principles of good administration should apply to all documentation used to administer social entitlement. [ABSTRACT FROM AUTHOR]

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders. The paper identifies an increasing civil-criminal 'hybridisation' of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms. The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales. [ABSTRACT FROM AUTHOR]

Despite its practical importance to upwards of 40,000 people annually, the framework governing weddings law in Ireland has received minimal academic attention or critique. This article seeks to address this gap in the literature, placing a particular focus on the rules governing wedding venues. In this effort, it draws on the Law Commission for England and Wales' comprehensive Getting Married: A Consultation Paper on Weddings Law published in September 2020. Comparing the framework adopted in Ireland pursuant to the Civil Registration Act 2004 (as amended) with that provisionally proposed by the Law Commission for England and Wales, the article investigates whether certain proposals advanced by the Commission may also serve to cure weaknesses identified in the Irish scheme. The article highlights too how the Irish experience, specifically the anomalies which have emerged in law and practice in Ireland, may present a cautionary tale for those across the Irish Sea who wish to adopt a more conservative approach to its reform of the laws governing wedding venues than that presented by the Law Commission. [ABSTRACT FROM AUTHOR]

Focusing on accounts by women who have children taken into care, this paper reports on a socio-legal case study in England, investigating the life experiences of nine mothers, whose children have been made subject to care orders under the Children Act 1989. In particular it considers the women's experiences of their relationships with their own mothers and places this within the context of the mothers' own experiences of having their children taken into care. Drawing on free association narrative interviews, the study focuses on the mothers' accounts of long-term harm that began in their childhoods, especially their experiences of their mothers' own difficulties and of their experiences of harm. It highlights the impact of relationship difficulties between mother and child, and questions how the legal concepts of harm and reasonable parental care are defined and deployed. In conclusion, it demonstrates a need for the legal framework to address children's experiences of harm in a more intergenerational and intersubjective way. It highlights a new approach, suggesting consideration of harm, reasonable parental care and welfare to involve an increased concentration on the welfare of mothers and the relationship between mother and child, akin to an intersubjective and intergenerational approach to harm. [ABSTRACT FROM AUTHOR]