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State Powers and Private Rights in the UK Child Protection System: Policing Parents examines in detail the UK child protection and safeguarding system, exploring its theoretical and legal basis and implications in modern society. The system of child protection and safeguarding derives from a couple of short, statutory provisions in the Children Act 1989 and the Children Act 2004. These provisions have created a multi-billion pound industry in the UK implemented by local authorities, private companies and the legal profession. Other systems elsewhere in the world have similar structures,…mehr

Produktbeschreibung
State Powers and Private Rights in the UK Child Protection System: Policing Parents examines in detail the UK child protection and safeguarding system, exploring its theoretical and legal basis and implications in modern society. The system of child protection and safeguarding derives from a couple of short, statutory provisions in the Children Act 1989 and the Children Act 2004. These provisions have created a multi-billion pound industry in the UK implemented by local authorities, private companies and the legal profession. Other systems elsewhere in the world have similar structures, including the US, Australia and most European countries. The main objective of this book is to tackle the difficult issue of the balance between the rights of the individual, and the power of the state to interfere with those rights. From this approach it is possible to critique several aspects of the system and consider the key issues of concern. For example, a system of child protection might be considered successful from a social science perspective but not from a legal or financial viewpoint. This raises the issue of what measure should be used to evaluate the system given its multi-disciplinary implications. Filling a gap in the existing literature, the author considers different aspects of child protection literature and has brought them together, providing a text which enables the reader to gain insight into seemingly diverse aspects and effects of the enabling statutory provisions. The book will be of interest to academics, lawyers, theorists and social workers with an interest in child protection, privacy and state powers.
This book tackles a complex area of law, social policy and social work, providing a comprehensive analysis of the theoretical, practical and legal boundaries of State power following safeguarding and child protection referrals in England. The book examines the history, rationale and implications of the current position, concluding that the balance of power is weighted in favour of the State. The Limits of State Power & Private Rights is ground-breaking in its approach to the subject and its detailed, critical analysis. Traditionally the subject matter of the book is considered within a welfare framework. The analysis in this book argues that a policing agenda is embedded within policy but without appropriate safeguards and controls, creating potentially irreconcilable tension described by the author as the 'welfare/policing dichotomy'. This book is of importance to academics, lawyers, social workers, policy makers, practitioners and service users. The book is written so as to be accessible to a multi-disciplinary audience, but is sufficiently detailed so as to be suitable for specialists and non-specialists alike in this subject area. The chapters include introductory and contextual sections as well as doctrinal, theoretical and socio-legal analysis. Although the focus is on the English system, the book is equally applicable to the many worldwide jurisdictions adopting the Anglo/American 'child rights' based framework of child protection. It is also of use as a comparative work in countries where a family support based system is practiced.
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Autorenporträt
Dr Lauren Devine, Associate Professor of Law, University of the West of England, Bristol, UK is a Barrister writing about State power, private rights and child protection. Lauren is Principal Investigator of the Economic and Social Research Council funded project 'Rethinking Child Protection Strategy'.