Editorial

The most recent statistics released by the Office for National Statistics highlight two anticipated developments: first, that the number of families in the UK has increased by 1.4 million over the past decade to 19.1 million families, corresponding with the growth of the UK population. Secondly, that the ongoing changes in the formation of these families shows that cohabiting couple families are the fastest growing family type in the UK and that same-sex couple families have grown by more than 50% since 2015. (Office for National Statistics 2019) The changing nature of the family was a theme explored in a recent speech by the President of the Supreme Court delivered at the International Centre for Family Law, Policy and Practice. In this speech, Baroness Hale explored what a 21^st century family is. (Hale 2019) By examining developments over the last 50 years, she concluded that three aspects stood out. The first being a respect and increasing desire for individual autonomy in adult decision-making. Secondly, that the interests of the children involved in those family relationships are increasingly seen as paramount. Thirdly, she queried whether there is a tension between these two evolving trends. Whether adults can be allowed their individual autonomy if this conflicts with the best interests of their children? In particular to what extent should family and child care responsibilities be compensated by the family rather than the state.

Three papers in this issue speak to the themes raised by Baroness Hale in her speech. In her review of Andrew Gilbert’s book, British Conservatism and the Legal Regulation of Intimate Relationships, Hilary Sommerlad reflects on the constructivist methodology employed by Gilbert to explore four statutes which were examined for their consistency with conservatism. She suggests that Gilbert’s book shows us that the changes to intimate relationships since the 1980s offers a useful lens to look at the erosion of traditional certainties, belief systems and institutions. In the general section, Thérèse Callus explores the changing nature of the family by examining the agreed parenthood provisions under the Human Fertilisation and Embryology Act 2008. She reflects on the inconsistences of the current law and argues that the courts are not always faithful to the underlying policy of recognising intention to attribute parentage. Gemma Mitchell’s paper looks at shared parental leave and the importance of encouraging men to care. The burden of shouldering child care responsibilities, she argues, should be challenged through the use of shared parental leave in order to challenge powerful and restrictive gendered stereotypes. This speaks to the issues arising over the obligations and duties of both the state and parents in relation to ongoing child-care responsibilities.

The third article in our general section focuses on the Scottish Children’s Hearings System. Robert Porter, Vicki Welch and Fiona Mitchell use qualitative empirical data to look at increased legal representation in child welfare hearings and in particular the role and impact of adversarialism within legal environments which assume a facilitative, informal and collaborative approach. In findings that suggest that there are concerns about adversarialism and increasing legal representation, they suggest that it is difficult, but possible to incorporate an adversarial element into these legal environments. Our last two articles take a step outside of the family law arena to look at the erosion of the welfare state and the mental health system. Ciara Fitzpatrick, Gráinne McKeever and Mark Simpson explore how a series of social security reforms have eroded the welfare state. Using empirical data from a survey of 41 users of crisis services across the UK, the paper examines the adequacy and dependability of the right to welfare in the UK. We end the general section with Philip Haynes and Julia Stroud’s timely examination of Community Treatment Orders (CTOs) in England and Wales. They present the findings from a mixed-methods study to analyse CTOs in the context of complex systems theory.

Three of the Case Notes in this issue have a social welfare focus. These cover the two-child rule from Charlotte O’Brien, homelessness and the affordability of accommodation from Carla Reeson and the Personal Independence Payment regulations by Michael Robinson. The final piece by Faith Gordon examines the challenges for the courts in issuing lifelong anonymity orders.

As we go to press, we have been incredibly saddened to learn of the death of Stephen Cretney on 30 August 2019. We will say much more in future issues, but at this moment we draw on the words of Nicholas Wilson in his foreword to Fifty Years in Family Law, the Festschrift, edited by Chris Barton and Rebecca Probert and published by Intersentia in 2012, who wrote about the significance of his contribution to the development of family law.

His contribution was by his inspirational book Principles; by his lectures; by the breadth of his other legal activities and the energy with which he pursued them; by the respect for family law which his intellectual stature engendered among lawyers in other fields, and by his profound and stimulating expositions of issues in family law, never too hard to understand, which like a magnet, drew those who read and heard them into a real and lasting interest in them. (Wilson 2012, vi)