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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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State Powers and Private Rights in the UK Child Protection System

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ISBN13: 9781138782266
To be Published: February 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00

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.

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1. Introduction

Part I: State power and individual rights: the development of the modern system of child protection and safeguarding
2. The development of modern principles of state protection of children from harm in England and Wales
3. The modern role of state surveillance and assessment of families
4. Children's Databases
5. Family assessments

Part II: The application of theory to the state's duties in relation to protecting and safeguarding children
6. Considering the theory informing child protection and safeguarding
7. A theoretical critique: Foucault, Donzelot and Smith

Part III: The evidence: considering child protection and safeguarding in terms of outcomes
8. Influential Research Findings and Numerical Data
9. Issues of measurement: defining 'child abuse' and considering child abuse studies

Part IV: Considering the law: the legal framework of policing parents via mechanisms of surveillance and assessment
10. Safeguards and Remedies - Does the Law Adequately Balance the Competing Interests?
11. Law and methods of policing parents Part V: The politics of change: issues of harm, remedies and reform
12. Harm: a consequence of state policing
13. Adequacy of remedies
14. The issue of reform

Part VI: Conclusions
15. The main themes revisited
16. Issues of principle
17. Issues of system failure
18. Issues of remedies
19. Conclusions