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The Limits of State Power and Private Rights: Exploring Child Protection and Safeguarding Referrals and Assessments

The Limits of State Power and Private Rights: Exploring Child Protection and Safeguarding Referrals and Assessments

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781138782266
  • 出版时间 February 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    The Limits of State Power and Private Rights: Exploring Child Protection and 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 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.

    Announced as State Powers and Private Rights in the UK Child Protection System: Policing Parents

  • 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

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