Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-20T04:00:26.678Z Has data issue: false hasContentIssue false
  • English
  • Français

Closing the gate: family lawyers as gatekeepers to a holistic service

Published online by Cambridge University Press:  21 May 2010

Angela Melville  and
Karen Laing
Angela Melville
Affiliation:
University of Manchester
Karen Laing
Affiliation:
University of Newcastle
Get access Rights & Permissions [Opens in a new window]

Abstract

In 2001, the Legal Services Commission (LSC) introduced a new pilot, the Family Advice and Information Network (FAInS), which recognised that family law clients typically face a cluster of legal and non-legal issues. Family lawyers involved in FAInS were encouraged to address a client’s legal problems, and then refer the client to other services for assistance with non-legal issues. In this way, family law clients were to be offered a holistic service, with the lawyer acting as a ‘case manager’ who helped match services to their client’s individual needs. This article presents data drawn from an evaluation of FAInS, and shows that lawyers did not regularly refer their clients to other services, with referrals largely being limited to mediation. We conclude that family lawyers are not necessarily the most appropriate gatekeepers, and propose a number of alternatives for providing a multi-agency approach to resolving family law issues.

Type
Research Article
Information
International Journal of Law in Context , Volume 6 , Issue 2 , June 2010 , pp. 167 - 189
Copyright
Copyright © Cambridge University Press 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Access to Justice Alliance (2006) Submission by the Access to Justice Allocation to the Constitutional Affairs Committee Enquiry into the Implementation of the Carter Review. www.accesstojusticealliance.org.uk/CACsub.html, accessed 13 January 2008.Google Scholar
Astor, Hiliary and Chinkin, Christine (1992) Dispute Resolution in Australia. Sydney: Butterworths.Google Scholar
Cafcass, (2007) Delivering Quality Services for Children: Strategic Business Plan 2007–2010. www.cafcass.gov.uk/idoc.ashx?docid+d2870bc-ed17-5970-9f77f69 ee4b7f3b1&version=-1, accessed 13 January, 2008.Google Scholar
Citizens Advice Bureau (CAB) (2004) Geography of Advice: An Overview of the Challenges Facing the Community Legal Service. Evidence Report, London.Google Scholar
Commonwealth of Australia (2003) Following Every Pictures Tells a Story. Canberra: House Standing Committee Family and Community Affairs.Google Scholar
Coumarelos, Christine; Wei, Zhigang and ZhouAlbert, Z. Albert, Z. (2006) Justice Made to Measure: NSW Legal Needs Survey in Disadvantaged Areas. Sydney: Law and Justice Foundation of NSW.Google Scholar
Davis, Gwynn (2000) Monitoring Publicly Funded Family Mediation: Report to the Legal Services Commission. London: Legal Services Commission.Google Scholar
Davis, Gwynn and Bevan, Gwyn (2002) ‘The Future Public Funding of Family Dispute Resolution Services’, Journal of Social Welfare and Family Law 24(2): 175–84.CrossRefGoogle Scholar
Eekelaar, John, Maclean, Mavis and Beinart, Sarah (2000) Family Lawyers: The Divorce Work of Solicitors. Oxford: Hart Publishing.Google Scholar
Family Relationships Online (2008) www.familyrelationships.gov.au/, accessed 15 January 2009.Google Scholar
Felner, Robert D.; Terre, Lisa; Farber, Stephanie S.; Primavera, Judith and Bishop, T. A. (1985) ‘Child Custody: Practices and Perspectives of Legal Professionals’, Journal of Clinical Child and Adolescent Psychology 14(1): 27–34.CrossRefGoogle Scholar
Folb, Susan, and De Bruyn, Marie (1994) ‘Attorneys’ Attitudes to Divorce Mediation and the Development of a Collaborative Approach with a Social Work Agency’, South African Law Journal 3(2): 316–27.Google Scholar
Furniss, Clare (2000) ‘The Process of Referral to a Family Contact Centre: Policies and Practices’, Child and Family Law Quarterly 12: 225–81.Google Scholar
Galanter, Marc (1985) ‘Judicial Mediation in the United States’, Journal of Law and Society 12(1): 1–18.CrossRefGoogle Scholar
Genn, Hazel (1999) Paths to Justice: What People Do and Think about Going to Law. Oxford: Hart.Google Scholar
Genn, Hazel; Pleasence, Pascoe; Balmer, Nigel J.; Buck, Alexy and O’Grady, Aoife (2004) Understanding Advice Seeking Behaviour: Further Findings from the LSRC Survey of Justiciable Problems. London: Legal Services Research Centre.Google Scholar
Griffiths, John (1986) ‘What do Dutch Lawyers Actually do in Divorce Cases’, Law and Society Review 20: 135–75.CrossRefGoogle Scholar
Hague, Gill (1998) ‘Interagency Work and Domestic Violence in the UK’, Women Studies International Forum 21(4): 44.CrossRefGoogle Scholar
Hansen, O. (2006) ‘CLACs and CLANs – a new reality?’, www.rightsnet.org.uk/pdfs/legal_action_august_2006_hansen.pdf, accessed 13 January 2008.Google Scholar
Hunter, Rosemary; Genovese, Anne; Melville, Angela and Chrzanowski, , April (2000) Legal Services in Family Law. Sydney: Justice Research Centre.Google Scholar
Hynes, S. (2007) Is There Life after CLACs. Law Centres Federation, www.lawcentres.org.uk/uploads/Is_there_life_after_CLACS_Feb_07.pdf, accessed 13 January 2008.Google Scholar
Ingleby, Richard (1992) Solicitors and Divorce. Oxford: Oxford University Press.Google Scholar
Koopman, Elizabeth J.; Hunt, E. Joan; Favretto, Francine G.; Coltri, Laurie S. and Britten, Tracy (1991) ‘Professional Perspectives on Court-Connected Child Custody Mediation’, Family and Conciliation Courts Review 29: 304–317.CrossRefGoogle Scholar
Lapg, (2006) ‘CLACs – one up, one down’, www.lapg.co.uk/news.cfm?news_id=309, accessed 13 January, 2008.Google Scholar
Lee, Catherine M., Beauregard, Christine P. M. and Hunsley, John (1998) ‘Attorney’s Opinions Regarding Child Custody Mediation and Assessment Services’, Family Court Review 36(2): 216–26.CrossRefGoogle Scholar
Legal Council of Australia, Family Law Section (2005) A New Approach to the Family Law System – Implementation of Reforms. Discussion Paper, www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=8C73618A-1C23-CACD-2285-697F16445924&siteName=lca, accessed 13 January 2008.Google Scholar
Legal Services Commission (LSC) (2007a) Making Legal Rights a Reality for Children and Families. www.legalservices.gov.uk/docs/civil_consultations/CLS_strategy_ children_and_families.pdf, accessed 15 January 2009.Google Scholar
Legal Services Commission (LSC) (2007b) The Funding Code: Criteria. www.legalservices.gov.uk/docs/civil_contracting/Funding_code_criteria_Jul07.pdf, accessed 15 January 2009.Google Scholar
Lord Chancellors Department (LCD) (1993) Looking to the Future: Mediation and the Ground for Divorce. London: HMSO.Google Scholar
MacdonaldRoderick, A. Roderick, A. (2005) ‘Access to Justice in Canada Today: Scope, Scale and Ambitions’ in Bass, JulieBogart, W. A. and Frederick, Zehmans (eds), Access to Justice for a New Century – The Way Forward. Toronto: Law Society of Upper Canada.Google Scholar
Mack, Kathy (2003) Court Referral to ADR: Criteria and Research. Melbourne: National ADR Advisory Council and Australian Institute of Judicial Administration.Google Scholar
Mather, Lynn; Maiman, Richard J. and Mcewen, Craig A. (1995) ‘“The Passenger Decides on the Destination and I Decided on the Route”: Are Divorce Lawyers “Expensive Cab Drivers”’, International Journal of Law, Policy and the Family 9: 286–310.CrossRefGoogle Scholar
Mather, Lynn; Mcewen, Craig A. and Maiman, Richard J. (2001) Divorce Lawyers at Work: Varieties of Professionalism in Practice. Oxford: Oxford University Press.CrossRefGoogle Scholar
Mathis, Richard D., Tanner, Zoe and Whinery, Flo (1999) ‘Evaluation of Participant Reactions to Premediation Group Orientation’, Conflict Resolution Quarterly 17(2): 153–59.Google Scholar
Medley, Morris L. and Schellenberg, James A. (1994) ‘Attitudes of Attorneys towards Mediation’, Mediation Quarterly 12(2): 185–98.CrossRefGoogle Scholar
Melville, Angela and Laing, Karen (2007) ‘“I Just Drifted Into It”: Constraints Faced by Publicly Funded Family Lawyers’, International Journal of the Legal Profession 14(3): 218–300.CrossRefGoogle Scholar
Melville, Angela and Laing, Karen (2008) ‘Personal Action Plans: Evaluating Self-Management Initiatives in Family Law’, International Journal of Law in Context 4: 149–67.CrossRefGoogle Scholar
Moorhead, Richard (2004) ‘Legal Aid and the Decline of Private Practice: Blue Murder to Toxic Job?’, International Journal of the Legal Profession 11(3): 159–90.CrossRefGoogle Scholar
Murnion, Deborah C. (1987) ‘The Importance of Intake in Parent–Child Mediation’, Mediation Quarterly 18: 73–78.CrossRefGoogle Scholar
Neilson, Linda C. (1990) ‘Solicitors Contemplate Mediation – Lawyers’ Perceptions of the Role and Education of Mediators’, International Journal of Law, Policy and the Family 4: 235–69.CrossRefGoogle Scholar
Piper, Christine (1993) ‘Norms and Negotiation in Mediation and Divorce’ in Freeman, M. (ed.), Divorce: Where to Next? Aldershot: Dartmouth Publishing.Google Scholar
Pleasence, Pascoe; Balmer, Nigel; Buck, Alexy; O’Grady, Aoife and Genn, Hazel (2004a) ‘Civil Law Problems and Morbidity’, Journal of Epidemiology and Community Health 58(7): 552–57.CrossRefGoogle ScholarPubMed
Pleasence, Pascoe; Buck, Alexy; Balmer, Nigel; O’Grady, Aoife; Genn, Hazel and Smith, Marisol (2004b) Causes of Action: Civil Law and Social Justice. Norwich: Stationery Office.Google Scholar
Resolution (2008) ‘About us’, www.resolution.org.uk/editorial.asp?page_id=16, accessed 25 September 2008.Google Scholar
Richardson, C. James (1988) Court Based Divorce Mediation in Four Canadian Cities: An Overview of Research Results. Ottawa: Department of Justice.Google Scholar
Robins, J. (2008a) ‘Law at the front line at risk’, Times Online, 29 April. business.timesonline.co.uk/tol/business/law/article3819104.ece, accessed 13 January 2008.Google Scholar
Robins, J. (2008b) ‘Shifting sands’ Law Society Gazette, 15 May. www.lawcentres.org.uk/uploads/Law_Society_Gazette_Shifting_Sands_15.05.08.doc, accessed 13 January 2008.Google Scholar
Salmon, Gill (2004) ‘Multi-Agency Collaboration: The Challenges for CAMHS’, Child and Adolescent Mental Health 9(4): 156–61.CrossRefGoogle Scholar
Samuels, M. Dee and Shawn, Joel M. (1983) ‘The Role of the Lawyer Outside the Mediation Process’, Conflict Resolution Quarterly 2: 13–19.Google Scholar
Sarat, Austin and Felinster, William (1995) Divorce Lawyers and their Clients: Power and Meaning in the Legal Process. New York: Oxford University Press.CrossRefGoogle Scholar
Smart, Laura S. and Salts, Connie J. (1984) ‘Attorney Attitudes toward Divorce Mediation’, Mediation Quarterly 6: 115–20.Google Scholar
Walker, Janet; Mccarthy, Peter; Finch, Stephen; Coombes, Mike; Richards, Martin and Bridge, Caroline (2007) The Family Advice and Information Service: A Changing Role for Family Lawyers in England and Wales? Final Evaluation Report. Newcastle upon Tyne: Newcastle Centre for Family Studies, University of Newcastle upon Tyne.Google Scholar
Walker, Janet; Mccarthy, Peter; Stark, Cathy and Laing, Karen (2004) Picking up the Pieces: Marriage and Divorce after Information Provision. London: Department for Constitutional Affairs.Google Scholar
Wright, Katherine (2007) ‘The Role of Solicitors in Divorce: A Note of Caution’, Child and Family Law Quarterly 4: 481.Google Scholar