I am on the socio legal pathway at Cardiff university, on the 1+3 programme. My PhD will focus on vulnerable adults in police custody and the safeguards that are applied to them, mainly through the appropriate adult role designed to protect vulnerable adults and children in custody. My PhD will explore why certain adults are identified as vulnerable in custody compared to others, and how the safeguard can be improved.
Empirical Studies in Law Student Profiles
Empirical Studies in Law
Blakey, Rachael
This project will examine the needs of individuals using family mediation services as a means of resolving family breakdown issues and ways in which mediation services are evolving to meet those needs.
I will use a mixed-methods approach to collect qualitative and quantitative data, using semi-structured interviews and surveys. My thesis aims to explore:
- The information that clients have available to them prior to and throughout mediation and the impact of this on their experience;
- How the environment has evolved and what challenges this creates for mediators when trying to effectively engage with clients;
- How mediation providers have responded to this new environment, such as the expansion of mediation methods;
- The experiences and outcomes of clients using mediation services.
My PhD is preceded by a Masters dissertation on the accessibility of information on family mediation. This will look at the complexity of language used, and whether sources reflect a changing mediation process providing tailored services. The overall aim of my 1+3 studentship is to inform the development by local providers of effective, tailored mediation intervention packages.
Borland, Emma
Within the context of asylum law in the UK, there exists great tension between âthe political imperative to maintain effective immigration controlâ and the UKâs obligations (under international refugee law, human rights law, and the EU legal framework) towards those seeking protection. In light of these competing values, access to representation before a fair and independent adjudicator is crucial. Regrettably, cuts to legal aid and multi-layered procedural restrictions limit access to justice for asylum seekers and produce unfair results with potentially devastating consequences. I propose to unpick the rules, through empirical research and study, to reveal the moral corruption of a politically biased system that causes social exclusion and suffering. I further seek to find a solution to this inequitable situation by comparative study of the Scottish system (where legal aid is not restricted by the âmeritsâ of the claim); the French system (that follows an inquisitorial form of procedure); and the Canadian system (where asylum claims are arguably handled more effectively by independent magistrates).
Cooper, Lauren
The concept of Justice has frequently been discussed, yet never adequately defined. Dictionary definitions indicate âjustâ or âreasonableâ behaviour, and âfairnessâ, yet these terms fail to clear up the ambiguity behind the concept. Authors adopt different frameworks of Justice, such as Rawlsâ 2 main principles of Liberty and Equality. This project will consider what Justice should mean for asylum seekers including access to the legal system, due process, and success for valid cases. I plan to ask asylum seekers what their idea of Justice is, and compare it to that of other stakeholders as this may be the area of disconnect. The project will consider whether there is a relationship between structures and the agency of asylum seekers, citizens and other relevant actors; and access to justice. Structuration theory will be used as a conceptual framework to examine how the duality of structure operates to constrain and enable asylum seekers. This theory explores the relationship between structure and agency, giving primacy to neither. Anthony Giddens defines structure as patterns of rules and resources, which exist virtually. For Giddens, society is constructed through the ongoing activity of actors as they draw upon these structures. Structure is therefore the medium through which agents act, and the outcome of these acts.
It is well recognised that the form and function of structure/agency is a product of context and this thesis will explore the structure/agency debate in the context of access to justice for the asylum seeker population. From informal conversations with members of third party organisations dedicated to helping asylum seekers; I have found 3 key concerns relating to access to justice for asylum seekers.
- A lack of (good) legal representation,
- Highly complex and lengthy asylum system, and
- âFailureâ on behalf of the government meaning that 3rd party organisations have to work beyond their role. Asylum policies are deliberately harsh and hostile, to deter large numbers of claims; 3rd party organisations see this as failing to protect asylum seekers.
These concerns can all influence access to justice.
In order to fully explore the question of justice for asylum seekers, the project will investigate the variables that influence legal aid provision and legal representation for asylum claims using a mixed methods approach. The study will investigate whether access to justice is influenced by both structural and agency-related factors. I will undertake:
- Quantitative analysis. The official datasets (immigration and legal aid statistics (UK and Wales)/EUROSTAT/UNHCR) only provide basic demographic data of those seeking asylum. Drawing on the data held by Asylum Justice, this study will create a detailed data collection system, facilitating both descriptive statistical analysis and exploration of the characteristics which influence the decisions on legal aid and representation. There is little empirical data available to facilitate the analysis of the influence of representation in asylum hearings. This study will survey court users to assess the factors that influence successful outcome, comparing those who have legal representation through legal aid/charitable provision and litigants in person.
- Qualitative analysis. The data will be enriched by semi-structured interviews with Asylum Justice clients, legal representatives and other relevant actors in the decision-making process. These interviews will focus on indications of âsuccessâ including clarity, consistency and effective representation. I will also begin the study by conducting ethnographic observations at Columbus Houseâ Asylum Tribunal; looking at whether the applicant has agency; whether they are enabled or constrained in the process. These observations should give some insight into the structures that enable/constrain asylum seekers.
This study will be used to support policy development with relevant Welsh public bodies and will make a significant contribution to academic debates surrounding access to justice in Wales.
Davies, Gregory
This study seeks to analyse the ever-shifting dynamic in the judicial âdialogueâ taking place between the domestic courts of the UK and the European Court of Human Rights. Endorsing the view that s.2 of the Human Rights Act 1998 is the principal âgatewayâ through which this important dialogue can occur, it focuses in particular on the potential implications should a new UK Bill of Rights include a modification of that provision.
Evans, Rhys
The project will examine the resistance of local rugby union clubs in Wales to take effective steps to protect against personal liability. The data from the project will inform the development of effective information packages to protect the local rugby clubs at the heart of Welsh communities.
There are just over 300 amateur local rugby union clubs in Wales. The majority are run as unincorporated associations with all legal liability remaining with the volunteer trustees of the club. This personal liability has seen individuals and communities hit by tribunal and other claims. A legal analysis will therefore be carried out, identifying the current legal position and the best vehicle for protection of clubs based on size, membership and other relevant factors.
Fitz-Symonds, Samantha
Drawing a comparison between social are and welfare provisions in the UK and Scandinavia (focusing on Norway and Sweden), this study will investigate the extent to which legal and policy structures influence access to higher education and secure employment for young people transitioning from state care.
Despite extensive policy and legislative change in the UK, significant barriers remain for care-experienced young people transitioning to adulthood. Concerns have been consistently raised over the varying quality of leaving care services and variation in frameworks across the devolved nations, resulting in a clear disparity in outcomes between care-leavers and their peers in the general population. Although, national coordination of services and a basic level of support for all young people is a staple of the Scandinavian welfare model which places a heavy reliance on a universal strategy benefiting all citizens regardless of care status, recent statistics suggest that this still does not enable equality in accessing opportunities for care leavers. This research project will explore similarities between care leaver outcomes between these nations, despite the operation of vastly different welfare models.
Research Questions:
1. What service provision is available, in theory and practice, in English, Welsh and Scandinavian countries for young people transitioning from state care?
2. To what extent are care-leaver choices constrained or enabled by social structures regulating the leaving care process in English, Welsh and Scandinavian countries?
3. How does care leaver locality impact decisions and access to opportunities, and how does this correlate to access to education and employment?
4. How do care-leaver and practitioner perceptions of the care leaving process differ between English, Welsh and Scandinavian countries?
Gachayev, Ramil
Greenwood, Holly
This is the first empirical research to examine the role of innocence projects across the UK.
An innocence project is most commonly a university clinic where students investigate cases of alleged miscarriages of justice. Michael Naughton is generally considered the founder of the UK innocence movement: he established the Innocence Network UK (INUK) in 2004 and set up the University of Bristol innocence project in 2005. Following this, innocence projects spread rapidly across the UK, with INUK assisting the establishment of 36 innocence projects during its operation (2004-2014), and with two further projects existing independently. Despite this, the literature on innocence projects was only from a few authors, and there was little known about how projects were operating in practice across the UK. The research sought to examine this through semi-structured interviews with past and present innocence project leaders which explored their aims and objectives; their approach to investigation and casework; the problems and challenges they faced; and their views on the future for miscarriage of justice work in the UK. The innocence movement in the UK has been plagued by difficulties. Despite the large number of innocence projects, only three cases have ever reached the Court of Appeal and only one has ever been overturned. Furthermore, in the autumn of 2014, INUK ceased its role as a membership organisation for innocence projects meaning there was no longer a UK based network of projects. It is hoped this research will provide an important insight into the UK innocence movement, which has been of significant contribution to the miscarriage of justice field and to the development of clinical legal education.
Holmsten, Emma
I’m a 1+3 student at Cardiff University, based at the School of Law and Politics, but can most often be found at my desk in the Wales Governance Centre. My primary research interests surround access to justice, disability studies, safeguarding, advocacy and the rights of children. My PhD thesis is on Judicial Review and Social Care Law in Wales:
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) made provision for a substantive funding cut to Legal Aid. Most of social welfare law issues now do not qualify for Legal Aid, which presents affordability issues for potential claimants and a lack of capacity amongst the legal practitioners.
Studies have also shown that the Welsh population are less likely to enforce their legal rights compared to people in most areas of England, and it is further suggested that the Welsh population are more inclined to use other means to resolve civil disputes, but that there is no clear understanding of why this is the case (Nason & Edwards 2021).
My study is collaborative with the Public Law Project, which aims to understand the low numbers of legal challenges relating to social care in Wales. The are some key issues identified:
– Whether legal practitioners have a reasonable understanding of the Welsh social welfare law, and whether the legal advice available reflects this;
– The impact of the legal aid deserts in Welsh social care challenges;
– Could judicial review be a more useful way to tackle the challenges brought to the local Councils and/or Ombudsman?;
– Whether adult care recipients in Wales have a sound understanding of their legal rights and options, and what enforcing such rights can achieve; and
– The impact of potential discrimination.
Should you have any queries or wish to contact me for any other reason, feel free to send me an email or connect on X. I speak English, Swedish (and soon Welsh).
King, Florence
Women are disproportionately targeted by cyber-harassment, cyber-stalking, and image-based abuse. Indeed, statistics from Plan International (2020) suggest that 58% of females aged 15-25 have experienced harassment online, leading women to increasingly self-censor and withdraw from virtual spaces.
This PhD will employ a mixed methods approach, featuring online surveys and semi-structured interviews to investigate gender-based online harms, with a focus on women who are highly visible online, including journalists and MPs.
As such, my research will address an urgent need to examine experiences of and responses to gender-based online harms and offer a critical analysis of current regulatory and policy responses (e.g., the UK’s 2021 Online Safety Bill), at a critical junction of policy development to better protect women and reduce harm.
Krogulec, Klaudia
The European Council and Turkey reached an agreement in 2016 which aimed to limit the flow of irregular migration from Turkey to Europe. The agreement involved the return of irregular migrants (including asylum seekers) from Greece to Turkey in exchange for the Syrian Refugees from Turkey being settled to the EU (European Commission, 2016). Even though the agreement purportedly protects the lives and dignity of refugees, it has been criticised for different reasons including, the increase of deaths in the Mediterranean and the deterioration of conditions in Turkey and the Greek Islands (UNHCR, 2016).
The aim of this research is to investigate the legality and morality of the EU-Turkey Agreement 2016 as part of the EUâs response to the ârefugee crisisâ. This research proposes to evaluate and analyse the compatibility of this EU-Turkey deal with the international principle of non-refoulment (non-return) with the concentration on international human rights law. The legal and moral issues raised by the implementation and design of the EU-Turkey agreement will be reviewed using socio-legal empirical methods and recommendations for the appropriate legal and moral response to the ârefugee crisesâ will be made.
Mack, Jennie
Matthews, Cole
My research seeks to understand how the interaction of legal frameworks and wider cultural attitudes constructed disciplining discourses of gender and sexuality under colonial settings. It links the policing of bodies in the British Penal Codes to the French Civil Codes, aiming to uncover structurally similar patterns of establishing hegemony across empires in the 19th and 20th centuries, along with their reoccurring contemporary legacies.
Using an interdisciplinary approach, this work engages with socio-legal theory, histories of colonial law, gender and sexuality and decolonial/postcolonial studies.
McGarry, Daniel
This project is designed to evolve conceptual and theoretical understanding of Child Labour, employing an inter-disciplinary approach to gain insight in this area. It will be geared to ascertain the feasibility of having a single legislative standard for what constitutes unsafe child labour.
McKeown, Emma-Rose
The primary aim of my research is to investigate transitional justice in post-conflict societies, specifically in relation to Northern Ireland.
Northern Ireland showcases that human rights violations can occur in highly developed democracies, committed to the rule of law alongside a plethora of protections designed to detect and protect victims of such violations within a democracy.
This context presents a valuable and pertinent case study to assess the legal and social constructions of justice that exist in a post conflict society and whether a legal mechanism could effectively deliver the kind of justice that the Northern Irish public desire.
O’Shea, Danielle
What counts as sex work has become increasingly complicated with the rise of the internet and improvements in exposure. Whether the discussion is about defining the sex or work aspect, there are clear deficiencies in both the lawâs defining of sex work and in how this compares to other definitions such as those of World Health Organization. These inadequacies then lead to sex workers being unable to access support services such as welfare and health services due to these differing definitions.
To combat this, I aim to define sex work empirically through a series of semi-structured interviews with sex workers. These interviews will also discuss current guidelines around their particular industry and how readily they can currently access support. Additionally, the justifications for different organisationsâ definitions will be explored alongside its impact.
This research will then produce ideas for industry-specific guidelines in addition to a new definition. This will assist current pushes for reform whether that be legal or organisational and will also provide a snapshot of the current sex work industry and how it may have evolved due to factors like COVID-19.
Owens, Anneka
As part of my PhD project, I will be determining current levels of inequality and access to justice in Wales. This project is in conjunction with the Equality and Human Rights Commission (EHRC) for Wales.
This research is vital in light of times of austerity and a rapid decline in free legal advice centres juxtaposed with an increase in legal problems, such as increased hate crimes and abuse post-Brexit, and subsequent demand for legal services.
Together with the EHRC, we aim to design and implement policies that will not only secure equality rights and access to justice for Welsh citizens, but will improve those rights.
Phylip, Hedydd
The project will reflect and develop academic understandings of the critical concept of âretained EU lawâ (as defined under the EU (Withdrawal) Act) and its consequences for the National Assembly for Wales. The project will also explore the role of devolved parliaments in the UKâs evolving territorial constitution, in particular the development of common UK-wide frameworks. The project will allow for academic insights to be fed into institutional decision-making processes thanks to collaboration with the National Assembly for Walesâ Research Service.
Smyth, Caer
I am interested in the theories underpinning our legal system, and the limits they place on our ability to protect the environment and to advocate for climate justice.
My research project firstly entails a theoretical enquiry concerning the ontological and epistemological structures underlying law and âparticipatoryâ governance, drawing on the insights provided by new materialist thinkers.
The second element of this research project will be to conduct ethnographic research with climate justice organisations engaging with global and local governance structures, including the (1) the Mary Robinson Foundation â Climate Justice, an international policy leader in climate justice and (2) Incredible Edible Bristol, a local community food sovereignty movement.
The aim of this research is to explore how advocacy practices might enable a wider range of voices, including non-human constituencies, to influence the normative character of the legal process. To what extent do existing law and governance structures exclude? What impact do these theoretical foundations have on the work of these grassroots actors? How might re-conceptualising their theoretical foundations allow for a greater diversity of political action, and a better response to the complexity of contemporary environmental challenges?
Tarrant, Alison Elizabeth
The language of rights is increasingly placed at the centre of the debate around the provision of services for disabled and older people, and permeates government policy in this area. However, it remains unclear how far the focus on rights has translated into improvements in service provision. Across the UK there are fundamental shortcomings in services for older and disabled people, including the rationing of services, chronic underfunding, lack of choice and significant geographical variation in the services provided. This study will examine whether the increasing focus on human rights in both policy and legal cases has been effective in securing improvements in the way disabled and older people using social services are able to live their lives.
Theophanidou, Stephanie
This study seeks to explore the precise role of âlegal expertiseâ in the construction of EU law and policy. The Legal Service of the European Commission has hardly been researched. As this is one of the main institutional expressions of âlegal expertiseâ within the EU policy-making process, this study aims to uncover its precise role and features.
Thomas, Erin
COVID-19 has had undeniable impacts on the wider aspects of health and wellbeing for people from marginalised/excluded communities. Understanding the lived experiences of COVID-19 for such communities will have a wide impact on supporting the progressive realisation of human rights in Wales, ensuring that we âbuild back betterâ for all communities. The Welsh Travelling community are a community historically underrepresented and marginalised by governments and other political bodies due to their cultural practices and nomadic lifestyle. My research is designed to scope the potential reasons behind barriers to access to healthcare within the Welsh Travelling community, taking into consideration COVID-19 and in particular COVID-19 vaccinations. My key research question is: are the Rights to Health of Welsh Travellers impeded by barriers to access?
The project will look at 5 dimensions of access:
⢠Availability â whether a healthcare service or product is available in the healthcare system of a country
⢠Affordability â whether seeking healthcare causes financial hardship
⢠Accessibilityâ whether there are barriers, other than financial (e.g., waiting lists, geographical barriersâŚ), that stop patients from accessing healthcare
⢠Adequacy â the quality of healthcare and involvement of patients in shared decision making with their healthcare professionals
⢠Appropriateness â whether healthcare meets the need of different groups in the population
This study will look at the wider contextual, cultural issues which feed into the Right to Health within the Welsh Travelling community, further considering how Welsh health agencies have engaged with the Travelling community in an effort to target discrimination and health inequalities in line with our human rights framework.
Wannell, Oliver
This project considers the nature and purpose of civil law in the 21st century to ask what we can and should expect of civil justice in the post-Jackson Reform era. These theoretical questions centre on access to justice and how we can define, or redefine, that all important phrase. The empirical element to this research explores the ways in which the legal profession functions under new cost rules in order to secure that theoretical aim for claimants within personal injury law.
It is particularly focused on the current and potential use of technology within legal practise to manage cases within the limitations of new cost rules and rationed procedures. This draws heavily on current work relating to Law and Technology; professionalism and expertise; and the contrasting natures of social knowledge artificial intelligence.
Wile, Emyr
Often, prenatal testing is a difficult and overwhelming experience for parents. With the advancements in screening technology and access to testing which is deemed to be more accurate, it is becoming increasingly common for prospective parents to embark on the prenatal screening process to determine their chance of having a baby with, commonly, Downâs Syndrome, Edwardsâ Syndrome and Patauâs Syndrome. This has significant legal and ethical implications on professionals and patients.
I aim to explore whether prospective parents are being given sufficient information and support at all stages of the prenatal testing pathway to deliver truly informed consent. Consent is a dynamic process and I wish to discover whether this is sufficiently appreciated throughout the screening pathway. With the recent implementation of non-invasive prenatal testing (NIPT) by the NHS in Wales in 2018 (and its anticipated implementation by the NHS in Scotland and England), it only amplifies the need to explore this issue.
I will decipher whether current legal and ethical standards of care are being met in the context of prenatal screening. The research will examine a range of potential themes to identify any demographic trends or patterns in the standard of care being delivered by the NHS to better inform practice guidelines.
Empirical studies in law and socio-legal studies are distinguished, in substance and design, by their close connection to the concerns and methods of social science. The juxtaposition of legal research and social science generates a distinctive set of opportunities. Cardiff and Swansea Universities have diverse and vibrant legal research cultures, both scoring very highly in the 2014 Research Excellence Framework for their outputs, environment and impacts. In both, there is an established track record of research at the interface of legal and social science scholarship.
In combining the two settings, the Empirical Studies in Law pathway has supported studentships across a range of sub-disciplines, including: public and constitutional law; legal education; human rights and adult social care/disability law; asylum law; tort law and compensation culture; the rights of disabled children and their families; environmental law; European Union law and governance; family law; legal education; perceptions of risk in third sector sporting clubs; the application of human values models from psychology to judicial decision making; banking and environmental risk; comparative Welsh/English housing law/policy; constitutional perspectives on Welsh Devolution. Cardiff has recently consolidated strength in African socio-legal studies and developed interdisciplinary capacity in gender, law and politics as well has having emergent empirical research clusters in commercial and company law. The collaboration between Cardiff and Swansea provides areas of co-located specialism such as Environmental Law; childrenâs rights; criminal law; law and development; and maritime and commercial law.
Students on the ‘1+3’ route complete the specialist module Theoretical Themes for Empirical Analysis in Law as part of the interdisciplinary Social Science Research Methods Masters programme at Cardiff. Subject-specific training and student development continues throughout the doctorate. Students are active participants in a wide range of formal and very informal reading and discussion groups, roundtable sessions, and seminar series in both institutions. Students present their work at Cardiffâs PGR conference in Law and Swanseaâs PGR colloquia which both run twice yearly. Students are also strongly encouraged and supported to attend and present at relevant national and international conferences.