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Access to justice for families?: legal advocacy for parents where children are on the ‘edge of care’: an English case study

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Access to justice for families? legal advocacy for parents where children are on the ‘edge of care’: an English case study. / Holt, Kim; Broadhurst, Karen; Doherty, Paula; Kelly, Nancy.

In: Journal of Social Welfare and Family Law, Vol. 35, No. 2, 01.06.2013, p. 163-177.

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Holt, Kim ; Broadhurst, Karen ; Doherty, Paula ; Kelly, Nancy. / Access to justice for families? legal advocacy for parents where children are on the ‘edge of care’: an English case study. In: Journal of Social Welfare and Family Law. 2013 ; Vol. 35, No. 2. pp. 163-177.

Bibtex

@article{5b8d00b82e014a2aa61e7d2a5401928a,
title = "Access to justice for families?: legal advocacy for parents where children are on the {\textquoteleft}edge of care{\textquoteright}: an English case study",
abstract = "This paper examines the issue of professional advocacy for parents in England following the local authority issuing the Letter Before Proceedings when the concerns about the welfare of a child are so serious the local authority are considering applying for a care order. We explore the tensions of providing a legal advocacy service for parents – drawing on a study of 57 cases, scrutinised as part of the Coventry and Warwickshire Cafcass Pre-Proceedings Pilot (Broadhurst et al. 2012) and explores the contribution of legal representation for parents.The pre-proceedings meeting can be pivotal in terms of the direction of the case, the impression created at the meeting, and the action parties take afterwards. The importance of advocacy for parents was highlighted in the study both to facilitate parents' understanding of the issues, and to afford a level of protection of their rights. It is noteworthy that in 16 out of 82 pre-proceedings meetings no advocate was present, and in general fathers were less likely to be represented (although as reported the exact pattern appears more complex). Where advocates were present, contributions to the pre proceedings meeting varied from no input, to seeking points of clarification, and in 4 cases there was evidence of active {\textquoteleft}brokering{\textquoteright} on behalf of their clients.",
keywords = "Legal advocacy, pre-proceedings, justice, child protection",
author = "Kim Holt and Karen Broadhurst and Paula Doherty and Nancy Kelly",
year = "2013",
month = jun,
day = "1",
doi = "10.1080/09649069.2012.755035",
language = "English",
volume = "35",
pages = "163--177",
journal = "Journal of Social Welfare and Family Law",
issn = "0964-9069",
publisher = "Routledge",
number = "2",

}

RIS

TY - JOUR

T1 - Access to justice for families?

T2 - legal advocacy for parents where children are on the ‘edge of care’: an English case study

AU - Holt, Kim

AU - Broadhurst, Karen

AU - Doherty, Paula

AU - Kelly, Nancy

PY - 2013/6/1

Y1 - 2013/6/1

N2 - This paper examines the issue of professional advocacy for parents in England following the local authority issuing the Letter Before Proceedings when the concerns about the welfare of a child are so serious the local authority are considering applying for a care order. We explore the tensions of providing a legal advocacy service for parents – drawing on a study of 57 cases, scrutinised as part of the Coventry and Warwickshire Cafcass Pre-Proceedings Pilot (Broadhurst et al. 2012) and explores the contribution of legal representation for parents.The pre-proceedings meeting can be pivotal in terms of the direction of the case, the impression created at the meeting, and the action parties take afterwards. The importance of advocacy for parents was highlighted in the study both to facilitate parents' understanding of the issues, and to afford a level of protection of their rights. It is noteworthy that in 16 out of 82 pre-proceedings meetings no advocate was present, and in general fathers were less likely to be represented (although as reported the exact pattern appears more complex). Where advocates were present, contributions to the pre proceedings meeting varied from no input, to seeking points of clarification, and in 4 cases there was evidence of active ‘brokering’ on behalf of their clients.

AB - This paper examines the issue of professional advocacy for parents in England following the local authority issuing the Letter Before Proceedings when the concerns about the welfare of a child are so serious the local authority are considering applying for a care order. We explore the tensions of providing a legal advocacy service for parents – drawing on a study of 57 cases, scrutinised as part of the Coventry and Warwickshire Cafcass Pre-Proceedings Pilot (Broadhurst et al. 2012) and explores the contribution of legal representation for parents.The pre-proceedings meeting can be pivotal in terms of the direction of the case, the impression created at the meeting, and the action parties take afterwards. The importance of advocacy for parents was highlighted in the study both to facilitate parents' understanding of the issues, and to afford a level of protection of their rights. It is noteworthy that in 16 out of 82 pre-proceedings meetings no advocate was present, and in general fathers were less likely to be represented (although as reported the exact pattern appears more complex). Where advocates were present, contributions to the pre proceedings meeting varied from no input, to seeking points of clarification, and in 4 cases there was evidence of active ‘brokering’ on behalf of their clients.

KW - Legal advocacy

KW - pre-proceedings

KW - justice

KW - child protection

U2 - 10.1080/09649069.2012.755035

DO - 10.1080/09649069.2012.755035

M3 - Journal article

VL - 35

SP - 163

EP - 177

JO - Journal of Social Welfare and Family Law

JF - Journal of Social Welfare and Family Law

SN - 0964-9069

IS - 2

ER -