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This article reviews the development over the last 20 years of the section 8 powers under the Children Act 1989. In particular, it examines residence, especially shared residence, contact, prohibited steps and specific issue orders. In respect of each order, the review compares the current position with what was originally intended and more generally anticipated. The article concludes that whereas prohibited steps and specific issue orders have broadly worked as expected and intended, residence orders and contact have not. Residence orders have been used to allocate parental responsibility, which was not intended, and shared care arrangements have become much more common than anticipated. Contrary to expectation, contact disputes have proved to be exceptionally problematic and there have been consequential reforms to deal with issues. Despite these developments the overall conclusion is that the section 8 orders have generally stood the test of time and should not be regarded as being beyond their ‘sell‐by’ date.

The purpose of this paper is to set out the similarities and differences between the legal frameworks for safeguarding children and adults. It presents the case for developing a Transitional Safeguarding approach to create an integrated paradigm for safeguarding young people that better meets their developmental needs and better reflects the nature of harms young people face.

This paper draws on the key principles of the Children Act 1989 and the Care Act 2014 and discusses their similarities and differences. It then introduces two approaches to safeguarding: Making Safeguarding Personal (MSP); and transitional safeguarding; that can inform safeguarding work with young people. Other legal frameworks that influence safeguarding practices, such as the Mental Capacity Act 2005 and the Human Rights Act 1998, are also discussed.

Safeguarding practice still operates within a child/adult binary; neither safeguarding system adequately meets the needs of young people. Transitional Safeguarding advocates an approach to working with young people that is relational, developmental and contextual. MSP focuses on the wishes of the person at risk from abuse or neglect and their desired outcomes. This is also central to a Transitional Safeguarding approach, which is participative, evidence informed and promotes equalities, diversity and inclusion.

Building a case for developing MSP for young people means that local partnerships could create the type of service that best meets local needs, whilst ensuring their services are participative and responsive to the specific safeguarding needs of individual young people.

This paper promotes applying the principles of MSP to safeguarding practice with young people. It argues that the differences between the children and adult legislative frameworks are not so great that they would inhibit this approach to safeguarding young people.

This paper seeks to consider the inter‐connections between law and child development, particularly in the areas of child custody and child protection, in both the USA and the UK.

The paper is based on analysis of US and UK legal systems and child developmental research.

Although the two legal systems have much in common in their approach to safeguarding children's welfare, there are also notable differences between them in terminology and in concept. Whereas the USA places a greater emphasis on the rights, particularly autonomy rights, of both parents and children, the UK justifies its laws affecting children largely in terms of parental responsibility and child need.

The paper argues that each of these legal regimes has something to learn from the other and a reader interested in thinking about the relationship between child welfare and law will profit from considering the distinctions, as well as the commonalities, between the two regimes.

Early years policy and services have been subjected to substantial and rapid reform over the past 20 years. This article provides a brief overview of legislative and policy changes over this period, with a particular focus on regulation and workforce issues, and traces the enduring influence of the Children Act 1989 to the present. It identifies a paradigm shift in early years services from a world view based on public health and care and on devolution of responsibility, to one in which promoting children's learning and development is core and centralised regulation and national standards are seen as essential. This is reflected in changed responsibilities at government department and regulatory body level. Despite these major changes, the article concludes that the key principles of the Act ‐ in terms of children's rights, parents' responsibilities, listening to children and inter‐agency co‐operation ‐ are still apparent.

An integral feature of Special Guardianship Orders (SGO) is that the children should have some contact with their parents after the order is granted. Local authority social workers have a duty to plan and recommend levels and types of contact. But there is no policy guidance provided on how to undertake these duties, and little is known about the process that practitioners undertake. The purpose of this paper is to investigate the recommending of contact in special guardianship cases, and to provide data on what contact social workers are recommending the factors they take into consideration and the reasons for their decisions.

The research involved a mixed-methods approach comprising of a questionnaire and focus groups. This part of the study comprised of an online questionnaire that was completed by 102 local authority social workers. Responses were downloaded into SPSS Statistics v22 for data analysis and a content analysis was conducted.

Quantitative results from the questionnaire are reported in this paper. Respondents provided comprehensive details on what they include in their recommendations, including levels of contact frequency and specific directions. Practitioners rated the factors they considered in reaching their decisions, and gave their general views on special guardianship contact. Results indicated that practitioners are recommending less contact for fathers than for mothers, and may feel less positively about paternal contact. Bivariate analysis suggests that some older and more experienced social workers are recommending lower levels of contact.

The statistical significance of the results was limited by the relatively small sample size. It was therefore decided to limit bivariate analyses to consideration of just three independent variables: the social worker’s age and number of years in practice, and the age of the child at the time of their SGO, against dependent variables concerning the levels of contact that had been recommended for mothers and fathers and how positive these were considered to be. Because of the limited sample size, most of the results were above this level, and so were not statistically significant.

Special guardianship has been in place for 12 years now, but apart from Jim Wade’s 2014 study there has been no major research to guide and inform practice. Such major changes in child welfare require substantiating research, and this study is an attempt to begin filling that gap. The questionnaire part of this study has for the first time provided data on the views, motivations and practice of social workers across the country making recommendations on special guardianship contact.

The study provides a picture of the type of contact being recommended for birth parents. This information will be useful for practitioners, who might otherwise not know what their colleagues in other local authorities are recommending, and it is hoped that this will encourage further debate on the subject.

Special guardianship has so far been poorly served by research. To the author’s knowledge, apart from Wade’s study there is very little research on the subject, and no significant research at all on special guardianship contact. This questionnaire, alongside the four focus groups that formed the second part of the study, provides the first picture of current practice across the country.

This article gives an account of the cases in which the Children Act 1989 has been interpreted and applied by the highest courts in the UK, the appellate committee of the House of Lords until October 2009 when their jurisdiction was taken over by the new Supreme Court of the UK. It explains the reasoning behind those decisions and how they did, or did not, reflect the thinking of the original framers of the Act. It concludes that, by and large, the Act has stood up well to judicial scrutiny but that the Human Rights Act 1998 has brought new challenges to which it must respond.

The purpose of this paper is to examine the experiences that people with HIV faced as they navigated through the intricate processes of trying to access adoption services in the south of England. It proposes the need to pay more attention to people living with HIV (PLWHIV) able to adopt children. The study aims to develop an increased focus on PLWHIV able to adopt.

The paper is an exploratory study using an interpretative phenomenological analysis (IPA) approach. Open-ended interviews were conducted with seven participants including individuals and couples. Interviews were transcribed and analysed using IPA’s cross-case and ideographic analysis.

The paper provides empirical insights about the challenges that PLWHIV experienced with social workers. Positive experiences were in the minority. Lack of information, inadequate support, stigma and discrimination, cultural insensitivity and disempowerment were frequently reported. The paper suggests that greater understanding and better education for social workers would improve access to adoption by people with HIV.

Given the chosen approach and small sample size, results may not be generalisable.

This study increases knowledge, promotes positive attitudes and improved support for PLWHIV who are stable and able to offer permanency to adoptive children.

This paper provides new ideas in an area that is scarcely researched. It identifies the need to undertake further studies to understand how social workers assess PLWHIV and what can be done to provide adequate support.

Special guardianship order (SGO) assessments require social workers to make plans and recommendations for ongoing post-SGO contact between the child and the parents. However, there is very little policy to inform and guide practitioners on how these duties should be undertaken, and no studies that describe current practice. The purpose of this paper is to investigate how the recommending of contact in special guardianship cases is currently working, by holding focus groups with social workers and special guardians. This paper reports on the results of a study to examine what contact plans social workers are recommending, the thinking behind their decisions and the views of the special guardians who have to make those plans work.

The research involved a mixed methods approach comprising of an online questionnaire, two focus groups for social workers and two focus groups for special guardians. This paper describes the second part of the study and reports on the qualitative results from the four focus groups. The methodology was based on a pragmatist theoretical position, and used an interpretivist approach and elements of the analytical procedure of grounded theory in order to generate inductive research. The focus group method was chosen as the best way to gather rich information on the opinions and ideas of practitioners who are recommending contact and the carers who are managing it.

Participants provided a wide range of views on the issues, with practitioners describing the challenges of planning contact, and special guardians explaining the problems they faced with the parents. Involving special guardians in the study gave a chance to include the different perspectives of the people who have to make the contact recommendations work, and contrast their views on contact planning with those of the professionals. The study makes recommendations for practice, which recognise the difficulty of preparing an initial contact plan that will remain relevant for years ahead.

The number of focus groups the author held was limited by the author’s own personal resources and the time the author had available, and one group only had three social workers on the day. The author’s involvement affected the responses, and the author’s questions dictated the issues that were commented on, but the answers were the opinions that the participants wanted to express. The nature of the approach means that no two sets of focus group results would ever be the same. And as the direction of the discussions was largely dictated by the participants, the coverage of all aspects of contact was probably inconsistent.

This research sheds light on a crucial area of social work permanency planning, that has suffered from a lack of previous research, in order to better inform future practice. The paper reports on what contact plans social workers are recommending, the thinking behind their decisions and the views of the special guardians who have to make those plans work. It concludes with recommendations for improving future special guardianship policy and practice.

The research clearly raises a number of specific difficulties faced by special guardians and problems with current policy and practice. These include the special guardians’ lack of understanding about contact, the difficulty for social workers of long-term planning, the challenge posed by uncooperative parents who behave badly, the view of carers for the need for a greater emphasis on the quality and reliability of contact, and the challenge to careful contact planning posed by the adversarial court process.

Special guardianship has had a major impact on permanency planning since its introduction 12 years ago. However, apart from one DfE study in 2014, very little research has been produced to inform policy and practice. There have been no studies specifically on contact in special guardianship cases, despite contact being one of the two major factors in determining the success of SGO placements. This study has provided the first in-depth evaluation of social worker contact planning in special guardianship, and the first investigation of special guardians’ views on contact.

The purpose of this paper is to articulate the etiology of ethnic conflict in Fiji that moves beyond polemical interpretations which routinely and often erroneously apportion blame.

A critical survey of ethnic conflict between in Indo‐ and indigenous Fijians is offered. The implication of British colonialism on the conflict is underscored.

The paper concludes that the first three coups that occurred in Fiji between 1987 and 2000 were, to varying degrees, the coupled result of the deterioration of indigenous paramountcy in Fijian politics on the one hand and the lack of their improvement in socio‐economic status on the other. In contrast, the 2006 coup is the product of intra‐ethnic discord amongst indigenous Fijians, which ultimately sidelines the question of indigenous paramountcy.

Unlike previous arguments that have largely ignored economic determinants in creating and perpetuating ethnic conflict in Fiji, this paper illustrates how such factors are crucial to conceptualize an understanding of discord between Indo‐ and indigenous Fijians.