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The modernisation of family justice before and beyond the pandemic: how can complexity theory help us understand the progress and limitations of the reforms?

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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The modernisation of family justice before and beyond the pandemic: how can complexity theory help us understand the progress and limitations of the reforms? / Green, R.
In: Journal of Social Welfare and Family Law, Vol. 43, No. 4, 31.12.2021, p. 439-454.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Green, R 2021, 'The modernisation of family justice before and beyond the pandemic: how can complexity theory help us understand the progress and limitations of the reforms?', Journal of Social Welfare and Family Law, vol. 43, no. 4, pp. 439-454. https://doi.org/10.1080/09649069.2021.1996080

APA

Green, R. (2021). The modernisation of family justice before and beyond the pandemic: how can complexity theory help us understand the progress and limitations of the reforms? Journal of Social Welfare and Family Law, 43(4), 439-454. https://doi.org/10.1080/09649069.2021.1996080

Vancouver

Green R. The modernisation of family justice before and beyond the pandemic: how can complexity theory help us understand the progress and limitations of the reforms? Journal of Social Welfare and Family Law. 2021 Dec 31;43(4):439-454. Epub 2021 Nov 23. doi: 10.1080/09649069.2021.1996080

Author

Green, R. / The modernisation of family justice before and beyond the pandemic : how can complexity theory help us understand the progress and limitations of the reforms?. In: Journal of Social Welfare and Family Law. 2021 ; Vol. 43, No. 4. pp. 439-454.

Bibtex

@article{6fbb8b9e509b428fabdb6d9a5bbc1eb7,
title = "The modernisation of family justice before and beyond the pandemic: how can complexity theory help us understand the progress and limitations of the reforms?",
abstract = "This article considers the modernisation of family justice, set in train by the Family Justice Review and given legal force by the Children and Families Act 2014, with specific reference to public law care proceedings. It does so through the prism of Complexity Theory that has been used extensively to analyse public sector policymaking, including child protection, but that has not to date been applied to family justice. It shows how the Family Justice Review was influenced, from its terms of reference to its proposed solutions, by the rational paradigm that has dominated UK policymaking for decades. Rationalism is, it is argued, of limited value to driving policy in a system as complex as family justice and the use of a performance indicator to enforce compliance has proved to be problematic. Core concepts of Complexity are explained and an analysis of modernisation through the lens of Complexity is provided. The article concludes by setting out principles derived from Complexity to guide family justice through recovery. ",
keywords = "Care proceedings, complexity theory, family justice modernisation",
author = "R. Green",
year = "2021",
month = dec,
day = "31",
doi = "10.1080/09649069.2021.1996080",
language = "English",
volume = "43",
pages = "439--454",
journal = "Journal of Social Welfare and Family Law",
issn = "0964-9069",
publisher = "Routledge",
number = "4",

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RIS

TY - JOUR

T1 - The modernisation of family justice before and beyond the pandemic

T2 - how can complexity theory help us understand the progress and limitations of the reforms?

AU - Green, R.

PY - 2021/12/31

Y1 - 2021/12/31

N2 - This article considers the modernisation of family justice, set in train by the Family Justice Review and given legal force by the Children and Families Act 2014, with specific reference to public law care proceedings. It does so through the prism of Complexity Theory that has been used extensively to analyse public sector policymaking, including child protection, but that has not to date been applied to family justice. It shows how the Family Justice Review was influenced, from its terms of reference to its proposed solutions, by the rational paradigm that has dominated UK policymaking for decades. Rationalism is, it is argued, of limited value to driving policy in a system as complex as family justice and the use of a performance indicator to enforce compliance has proved to be problematic. Core concepts of Complexity are explained and an analysis of modernisation through the lens of Complexity is provided. The article concludes by setting out principles derived from Complexity to guide family justice through recovery. 

AB - This article considers the modernisation of family justice, set in train by the Family Justice Review and given legal force by the Children and Families Act 2014, with specific reference to public law care proceedings. It does so through the prism of Complexity Theory that has been used extensively to analyse public sector policymaking, including child protection, but that has not to date been applied to family justice. It shows how the Family Justice Review was influenced, from its terms of reference to its proposed solutions, by the rational paradigm that has dominated UK policymaking for decades. Rationalism is, it is argued, of limited value to driving policy in a system as complex as family justice and the use of a performance indicator to enforce compliance has proved to be problematic. Core concepts of Complexity are explained and an analysis of modernisation through the lens of Complexity is provided. The article concludes by setting out principles derived from Complexity to guide family justice through recovery. 

KW - Care proceedings

KW - complexity theory

KW - family justice modernisation

U2 - 10.1080/09649069.2021.1996080

DO - 10.1080/09649069.2021.1996080

M3 - Journal article

VL - 43

SP - 439

EP - 454

JO - Journal of Social Welfare and Family Law

JF - Journal of Social Welfare and Family Law

SN - 0964-9069

IS - 4

ER -