The role of law in protecting the child: A critique of the English system |
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| Authors: | Jean Graham Hall Barbara H Mitchell |
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| Institution: | 19 Reddington Close, Beechwood Close, Sanderstead, Surrey CR2 OQZ, England |
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| Abstract: | We have undertaken a critical appraisal of the current English system of law regulating: (1) Provision of services designed to prevent children coming into care of local authorities, which are the authorised agencies for dealing with children who are abused or neglected. (2) Ways of receiving children into care and also ways of terminating care orders. We question whether, and under what circumstances, care orders are really necessary. (3) Periodic reviews of children in care. We are critical of the English system and look to models in the USA as guides towards the possible reform of English law. We take the same perspective when considering termination of parental rights. In our opinion good laws do not of themselves provide the care and love which a child requires, but they make the caring possible by loved and loving adults. We argue that the law must provide the best possible framework to allow adequate caring by members of the non-legal professions, such as social workers and foster parents. At the same time the law must ensure that the rights of parents and children are protected. |
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