JOURNAL OF SOCIAL WELFARE AND FAMILY LAW最新文献

{"title":"No right to have rights: citizenship fees and judicial deference in PRCBC","authors":"Timothy Jacob-Owens","doi":"10.1080/09649069.2022.2067654","DOIUrl":"https://doi.org/10.1080/09649069.2022.2067654","url":null,"abstract":"In The Origins of Totalitarianism, Hannah Arendt ([1951] 1968, p. 177) famously characterised the right to citizenship as ‘the right to have rights’. Decades later, that view was endorsed by the Court of Appeal, which declared that ‘the right to nationality is an important and weighty right . . . properly described as the right to have other rights, such as the right to reside in the country of residence and to consular protection and so on’ (R (Pham) v SSHD [2018] EWCA Civ 2064 (para. 49)). In a similar vein, Lady Hale had earlier identified the ‘many benefits to being a British citizen’ as including ‘the right to vote, the right to live and to work here without needing permission to do so, and everything that comes along with those rights’ (R (Johnson) v Secretary of State for the Home Department [2016] UKSC 56 (para. 2)). More recently, however, the existence of a ‘right to have rights’ in the UK has been undermined by the Supreme Court decision in R (O (a minor) and The Project for the Registration of Children as British Citizens (PRCBC)) v Secretary of State for the Home Department [2022] UKSC 3 concerning the fees charged to children applying to acquire British citizenship by registration. The case was brought on behalf of O, a child holding Nigerian citizenship, who was born in the UK in 2007 and had lived there ever since. On this basis, she was eligible to register as a British citizen under Section 1(4) of the British Nationality Act 1981. However, while her family had been able to raise the funds to cover the administrative cost of the procedure (a little under £400), they could not afford the full fee, then set at £973 (now £1,012). The lower courts had found that, in setting the fees at this level, the Secretary of State had failed to discharge her duty under Section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of children in the UK, but rejected the argument that the fees regime per se was ultra vires (R (PRCBC) v Secretary of State for the Home Department [2019] EWHC 3536 (Admin); R (PRCBC) v Secretary of State for the Home Department [2021] EWCA Civ 193). The latter was the sole ground of challenge to be appealed to the Supreme Court, which likewise found the fee regime to be intra vires, despite acknowledging that it is ‘designed to produce a substantial surplus’ (para. 3) and that ‘for many young people and their families the current level of fees is unaffordable’ (para. 5). In this brief comment, I wish to highlight the court’s restrictive conception of British citizenship rights and its deferent approach to executive discretion in this domain.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"248 - 250"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41701180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The placement of children into foster care in Poland by foreign authorities","authors":"Jakub Pawliczak","doi":"10.1080/09649069.2022.2067649","DOIUrl":"https://doi.org/10.1080/09649069.2022.2067649","url":null,"abstract":"ABSTRACT Cross-border placement of children is addressed by the 1996 Hague Child Protection Convention, which is binding on the United Kingdom, and in EU law. The detailed procedures are governed by the domestic law of each country involved. However, it was not until 2018 that proceedings for placement of children in foster care by foreign authorities were introduced to Polish law. The fact that cross-border placements have become increasingly common has contributed significantly to the enactment of the new law. The available official data indicate that the British and German authorities are the most inclined to place children with Polish citizenship in foster care in their homeland. Although the regulations introduced in 2018 concern the basic rights of children, they have not yet been presented in detail to the involved parties abroad, including British local and central authorities, judges and social workers. Their familiarity with the relevant provisions of Polish law can undoubtedly contribute to speeding up the proceedings and ensuring that their outcome is harmonious with the best interests of the child.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"169 - 184"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48522582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘A family affair: the role of intergenerational norm transfer in shaping finances in adult relationships’","authors":"Charlotte Bendall","doi":"10.1080/09649069.2022.2067648","DOIUrl":"https://doi.org/10.1080/09649069.2022.2067648","url":null,"abstract":"ABSTRACT This article analyses the rationales of individuals for their financial behaviour in adult relationships, drawing on data from qualitative interviews. In terms of what happens to assets upon relationship breakdown, policy-makers continue to support a distinction between married and cohabiting couples. Assumptions around ‘legal rationality’ centre on a notion that, having chosen to formalise their relationship (or not) based on the legal implications, married couples will also ultimately opt for greater financial ‘jointness’. This article presents a different perspective, arguing that it is not relationship form that predominantly influences peoples’ approaches to finances. Instead, there are other, under-recognised factors that structure their behaviour. These can be represented by significant milestones, such as moving in/purchasing a property together, or having a child. Adopting a ‘relational’ lens, the article also identifies the role of individuals’ parents in affecting their behaviour, contending that people carry into their adult relationships the marks of their parents’ relationships with finances. Having observed their parents’ behaviour, some participants replicated the practices and principles of their financial ‘models’, while others sought to avoid this. In both cases, contrary to assumptions about ‘legal rationality’, participants were more strongly influenced by their childhood experiences than by their relationship’s legal status.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"144 - 168"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42346575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The problems of social care in English nursing and residential homes for older people and the role of state regulation","authors":"J. Lewis","doi":"10.1080/09649069.2022.2067650","DOIUrl":"https://doi.org/10.1080/09649069.2022.2067650","url":null,"abstract":"ABSTRACT The problems facing English care homes for older people have largely been defined in terms of funding. This paper starts from the position that it is vitally important also to address the big issue of the social care system, especially the changing nature of private provision since the introduction of a quasi-market almost three decades ago, such that large corporations have become increasingly dominant. The paper focuses on the implications of a fragmented, for-profit system of provision for financial sustainability and care quality, particularly in terms of workforce issues. It argues that heavy reliance on regulation via the market and operating through competition and choice is misplaced and that state regulation can play a crucial part in securing improvement in these fields. It concludes that the Government’s recent (2021) proposals, which are mainly confined to funding and designed to prop up the current system, are unlikely to provide the ‘long-term fix’ that social care needs.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"185 - 204"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43344626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Vulnerable children in unregulated care: the unstoppable inherent jurisdiction","authors":"R. George","doi":"10.1080/09649069.2022.2067656","DOIUrl":"https://doi.org/10.1080/09649069.2022.2067656","url":null,"abstract":"","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"254 - 257"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44257842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pay per view? Family court orders for the costs of contact","authors":"Sara McIlroy","doi":"10.1080/09649069.2022.2067655","DOIUrl":"https://doi.org/10.1080/09649069.2022.2067655","url":null,"abstract":"","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"251 - 253"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48805166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial","authors":"E. Hitchings","doi":"10.1080/09649069.2022.2082822","DOIUrl":"https://doi.org/10.1080/09649069.2022.2082822","url":null,"abstract":"Spring 2022 has brought the prospect of a less adversarial divorce process for England and Wales. The implementation of the Divorce, Dissolution and Separation Act 2020 means that no-fault divorce has finally been introduced. The new law allows a couple jointly, or one of the spouses individually, to make a statement that the marriage has broken down irretrievably. This statement will provide conclusive evidence that the marriage has ended and there will be no need for either party to prove that the marriage has broken down by establishing the previously required ‘facts’ – of which the fault-based facts were the most commonly used. (ONS, 2022) The aim of the new law is to make the divorce process more amicable and less adversarial. Whilst the new divorce law does not make any changes to the financial and property arrangements spouses will make, some commentators have noted the ongoing concerns within the system about gender disparity of post-divorce finances, particularly regarding pensions. Webb and Taylor suggest that the ‘focus on speed and “moving on” may be to the detriment of fairness when it comes to pensions’ (Webb and Taylor, 2022, p. 2). It is with finances on separation in mind that we turn to the first paper in this issue which focuses on financial behaviour in adult relationships. Drawing on interview data, Charlotte Bendall argues that it is not relationship form that predominantly influences individuals’ approaches to finances. Instead, by adopting a relational lens, she suggests that there are other factors which influence behaviour, including the role of individuals’ parents and their relationship with finances. Whilst the first paper in this issue focuses on adult relationships within family law, our second paper considers the cross-border placement of children. In a highly topical piece, Jakub Pawliczak examines the placement of children into foster care in Poland by foreign authorities in light of Polish law reform in January 2018. This piece discusses the relevant Polish regulations and will be of particular interest for professionals who engage with cross-border placements in their work. The next two papers consider important topics which have a regulatory dimension, exploring the issues of social care and the social work profession. The first article, by Jane Lewis, explores the problem of social care in English Nursing and Residential Homes for Older People and explores the implications of a fragmented, for-profit social care system on sustainability and quality, focusing in particular on the workforce. She argues that reliance on regulation via the market is misplaced and that state regulation can play an important role in improving the sector. The second regulatory paper is by Sue Westwood who asks whether it is possible for religious social workers opposed to the LGBTQ way of life, to work affirmatively with them? In responding to this question, she explores, within a regulatory context, the case of Felix Ngole, a Chris","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"141 - 143"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45827492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Can religious social workers practice affirmatively with LGBTQ service recipients? An exploration within the regulatory context","authors":"S. Westwood","doi":"10.1080/09649069.2022.2067652","DOIUrl":"https://doi.org/10.1080/09649069.2022.2067652","url":null,"abstract":"ABSTRACT Tensions between religious freedoms and lesbian, gay, bisexual, trans and queer (LGBTQ) rights have evolved from debates about sinful deviance to competing equality claims. There is a growing debate, originally in the US, but emerging in the UK, about whether religious social workers, particularly those holding fundamentalist Christian beliefs, can deliver affirmative, anti-oppressive services to LGBTQ people. This is important because over two-fifths of social workers identify as Christian and almost a quarter of UK charities, including those running community and residential care services for older people, are religious organisations. These concerns have been highlighted in a recent judicial review involving a social work student, Felix Ngole, who was expelled by the University of Sheffield for making homophobic comments on his Facebook page. The Court of Appeal ruled the University’s decision was procedurally flawed and had conflated religious prejudice with discrimination. This paper considers 70 online responses to a Community Care article written by Ngole, which highlight divided opinions within the social work profession. It critically interrogates, within regulatory contexts, whether it is possible to be both deeply opposed to LGBTQ people’s lives and yet work affirmatively and anti-oppressively with them. An urgent research agenda is proposed.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"205 - 225"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47382735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trying to get a piece of paper from City Hall? The availability, accessibility, and administration of the register office wedding","authors":"R. Probert, Stephanie Pywell, Rajnaara C. Akhtar, S. Blake, Tania Barton, Vishal Vora","doi":"10.1080/09649069.2022.2067651","DOIUrl":"https://doi.org/10.1080/09649069.2022.2067651","url":null,"abstract":"ABSTRACT 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.","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"44 1","pages":"226 - 244"},"PeriodicalIF":1.5,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45652361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Parliamentary scrutiny of the Parliamentary and Health Services Ombudsman","authors":"Richard L. Kirkham","doi":"10.1080/09649069.2022.2031108","DOIUrl":"https://doi.org/10.1080/09649069.2022.2031108","url":null,"abstract":"","PeriodicalId":45633,"journal":{"name":"JOURNAL OF SOCIAL WELFARE AND FAMILY LAW","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42547736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}