Judith Harwin and Nicola Madge
This article examines the value of the concept of significant harm some 20 years after its introduction in the Children Act 1989. It introduces the concept of significant harm and…
Abstract
This article examines the value of the concept of significant harm some 20 years after its introduction in the Children Act 1989. It introduces the concept of significant harm and then discusses the profile of children and families in care proceedings, the decision‐making process, the interpretation of significant harm in case law, ‘panic’ and its impact on patterns of referrals for case proceedings, and the issue of resources. An alternative model of the problem‐solving court is outlined. It is suggested that ‘significant harm’ has largely stood the test of time. However, the absence of a clear operational definition is both its strength and its weakness. It allows necessary professional discretion but is vulnerable to external pressures affecting its interpretation. A more confident workforce and sufficient resources are required, but the future role of the court and compulsory care is more contentious. The problem‐solving court model may offer a helpful way forward for the scrutiny of significant harm.
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A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…
Abstract
A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).
The purpose of this paper is to explore agency pathways and the management of risk for economically disadvantaged adolescent victims and perpetrators of domestic violence and…
Abstract
Purpose
The purpose of this paper is to explore agency pathways and the management of risk for economically disadvantaged adolescent victims and perpetrators of domestic violence and abuse (DVA). In spite of recent national and international initiatives to raise the profile of this issue, significant gaps within DVA services exist within an urban district situated in the North West of England, UK. The study aims to present qualitative data gathered from service-users and service managers who have knowledge of referral pathways within the district. The paper also aims to examine the discursive relationships between the context, the intersectional significance of age, gender and class and the high levels of risk for survivors and perpetrators.
Design/methodology/approach
A purposive sampling strategy utilises phenomenology to explore participants lived experience of DVA. The study seeks to unite phenomenology and hermeneutics to help develop an understanding of adolescent DVA and participant’s experiences of available services. Knowledge of these experiences was garnered through shared narratives.
Findings
Through privileging the experiences and knowledge of survivors and practitioners, this study found current DVA service provision for survivors and perpetrators is limited and practitioner interventions can be oppressive without adequate training. These limitations are clearly at odds with national and international efforts to prevent violence against women and girls. This paper highlights significant risks for adolescent survivors and suggests ways in which targeted support might be improved. The findings conclude that central government and local councils might confront the impact of intersecting oppressions by addressing “classed sexism” in early intervention and educational strategies to effect lasting change.
Research limitations/implications
Although the study is limited by a lack of participation from perpetrators, the data reveals worrying levels of risk, a reduction in funding pathways and a need for training for all statutory professionals. Additionally, another possible limitation of this study is that terms such as class, gender and heterosexuality were not defined by participants.
Practical implications
The paper considers the macroeconomic legacy of neoliberalism, suggesting that investing in early educational approaches, young person focused programmes and appropriate “classed sexism” training for statutory services is crucial for minimising risk.
Social implications
To understand the experience of DVA, the intersections of class, gender and age warrants further consideration, particularly in light of claims that socio-economic and ethnic marginalisation has the potential to increase the risk of exposure to interpersonal violence.
Originality/value
This original research project prioritises participant knowledge and expertise in the hope of minimising risks for adolescent survivors and perpetrators of domestic violence (DVA). This paper privileges the voices and lived experiences of survivors and professionals who have expertise in DVA.