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The Limits of State Power & Private Rights: Exploring Child Protection & Safeguarding Referrals and Assessments examines in detail the UK child protection and safeguarding system, exploring its theoretical and legal basis and implications in modern society.
The Limits of State Power & Private Rights: Exploring Child Protection & Safeguarding Referrals and Assessments examines in detail the UK child protection and safeguarding system, exploring its theoretical and legal basis and implications in modern society.
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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'.
Inhaltsangabe
Introduction Exploring the issue: State power and private rights Central themes and structure of the book Chapter 1 - Development of the State's role: child welfare & family policing The State's developing role in children's welfare: good intentions and opposing narratives The development of child welfare principles The development of State principles for the protection of children Moving from parental autonomy to parental responsibility The refocusing debate Safeguarding and early intervention Conclusion: the modern categorisation of levels of surveillance and interference Chapter 2 - Defining and measuring the problem Defining child abuse Issues of measuring the prevalence of, and predicting, child abuse Prevalence: measuring of the amount of child abuse in England Measuring the outcome Risk prediction: can child abuse be predicted and prevented? Conclusion: issues of measuring success Chapter 3 - Identifying families for policing The modern surveillance role of the state: identifying children for referral Introducing mass surveillance and recording of information about children: part of the e-Government agenda Policing by surveillance of all families: intelligence gathering and its limits Conclusion: the challenge of balancing consent and coercion in the surveillance framework Chapter 4 - The policing of parents: social work involvement Social work response to referrals: State power and private rights The framework of assessment The Munro review of child protection: final report, a child centred system and changes to Working Together to Safeguard Children The Public Law Outline 2014 The process of assessment Consensual assessment Coercive assessment Conclusion: issues of safeguards and controls over State powers of assessment Chapter 5 - Paradigms, policy & policing Smith's schema: exploring the 'fractured lens' The stages of the assessment procedures in 'child protection' and 'safeguarding' schema Conclusion: implications for assessment Chapter 6 - The balance of State power and private rights: considering protections for children and parents Moving from 'ownership' to 'responsibility': disowned children and the burden of policing parental responsibility What is the legal and policy framework of 'child protection' and 'safeguarding' trying to achieve? By what mechanisms is the legislative and policy framework trying to achieve its purpose? The issue of families harmed by State surveillance and assessment Defining harm Unsubstantiated allegations and unfounded concerns Conclusion: power imbalance and individual harm Chapter 7 - The question of remedies Complaints procedures and Judicial Review Defamation The European Convention on Human Rights 1950 and the Human Rights Act 1998 Common law negligence Conclusion: remedies - an inadequate position Chapter 8 - Reforming policy: the politics of change The question of reform Framework for a new approach Privacy, data and consent: taking the Anderson recommendations seriously Referrals: improving methods of making and recording referrals Assessments: a bespoke investigatory body and code of practice Outcomes: issues of exoneration and redress in unsubstantiated cases Specific remedies in unsubstantiated cases Conclusion: rebalancing - the basis for reform Conclusion Index
Introduction Exploring the issue: State power and private rights Central themes and structure of the book Chapter 1 - Development of the State's role: child welfare & family policing The State's developing role in children's welfare: good intentions and opposing narratives The development of child welfare principles The development of State principles for the protection of children Moving from parental autonomy to parental responsibility The refocusing debate Safeguarding and early intervention Conclusion: the modern categorisation of levels of surveillance and interference Chapter 2 - Defining and measuring the problem Defining child abuse Issues of measuring the prevalence of, and predicting, child abuse Prevalence: measuring of the amount of child abuse in England Measuring the outcome Risk prediction: can child abuse be predicted and prevented? Conclusion: issues of measuring success Chapter 3 - Identifying families for policing The modern surveillance role of the state: identifying children for referral Introducing mass surveillance and recording of information about children: part of the e-Government agenda Policing by surveillance of all families: intelligence gathering and its limits Conclusion: the challenge of balancing consent and coercion in the surveillance framework Chapter 4 - The policing of parents: social work involvement Social work response to referrals: State power and private rights The framework of assessment The Munro review of child protection: final report, a child centred system and changes to Working Together to Safeguard Children The Public Law Outline 2014 The process of assessment Consensual assessment Coercive assessment Conclusion: issues of safeguards and controls over State powers of assessment Chapter 5 - Paradigms, policy & policing Smith's schema: exploring the 'fractured lens' The stages of the assessment procedures in 'child protection' and 'safeguarding' schema Conclusion: implications for assessment Chapter 6 - The balance of State power and private rights: considering protections for children and parents Moving from 'ownership' to 'responsibility': disowned children and the burden of policing parental responsibility What is the legal and policy framework of 'child protection' and 'safeguarding' trying to achieve? By what mechanisms is the legislative and policy framework trying to achieve its purpose? The issue of families harmed by State surveillance and assessment Defining harm Unsubstantiated allegations and unfounded concerns Conclusion: power imbalance and individual harm Chapter 7 - The question of remedies Complaints procedures and Judicial Review Defamation The European Convention on Human Rights 1950 and the Human Rights Act 1998 Common law negligence Conclusion: remedies - an inadequate position Chapter 8 - Reforming policy: the politics of change The question of reform Framework for a new approach Privacy, data and consent: taking the Anderson recommendations seriously Referrals: improving methods of making and recording referrals Assessments: a bespoke investigatory body and code of practice Outcomes: issues of exoneration and redress in unsubstantiated cases Specific remedies in unsubstantiated cases Conclusion: rebalancing - the basis for reform Conclusion Index
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