Children's rights: preventing the use of state care and preventing care proceedings

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Abstract

This chapter revisits Michael Freeman's, "The Rights and Wrongs of Children" to consider whether prevention in child care should involve preventing state involvement in the family or preventing compulsory involvement. Freeman's paper pre-dates the Children Act 1989, which introduced a duty to support families; but not a duty on parents to accept family support in their children's interests. In exploring this, the chapter uses findings from the ESRC-funded study on Children on the Edge of Care proceedings to illustrate how state involvement to support families, even including arranging alternative care can both support children's rights and family integrity. It thus makes the case for preventing care proceedings not preventing the provision of care.
Original languageEnglish
Title of host publicationLaw in society
Subtitle of host publicationreflections on children, family, culture and philosophy
EditorsAlison Diduck, Noam Peleg, Helen Reece
Place of PublicationNetherlands
PublisherBrill Academic Publishers
Pages347-365
Number of pages21
ISBN (Electronic)9789004261495
ISBN (Print)9789004261488
DOIs
Publication statusPublished - 15 Aug 2015

Keywords

  • Children Act 1989
  • prevention
  • care proceedings
  • pre-proceedings
  • children's rights

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