The evolution of landmark legislation
| Published date | 30 June 2010 |
| DOI | https://doi.org/10.5042/jcs.2010.0299 |
| Pages | 29-38 |
| Date | 30 June 2010 |
| Author | Roy Parker |
| Subject Matter | Education,Health & social care,Sociology |
Journal of Children’s Ser vices • V olume 5 Issue 2 • June 2010 © Pier Professional Lt d 29
10.5042/jcs.2010.0299
Abstract
The origins and surrounding politics of the three Children Acts of 1908, 1948 and 1989 are
examined in order to see why and how they evolved when they did and to consider what, if
any, generalisations emerge.
Key words
child care legislation; politics; history
MPs after the 1906 election. Even so, there was a
more pervasive influence that encouraged social
reform; namely, a growing concern about the
decline of British power in the world.
The British Empire, seemingly so secure in the
past, now looked under threat from the military
and imperial aspirations of other European
powers, especially Germany. Supremacy could
no longer be taken for granted, a fact that had
been starkly illustrated by the army’s deficiencies
in the Boer War. In future, much was considered
to depend upon improving the efficiency of the
armed forces. Yet compelling evidence emerged
of the unfitness of potential recruits. A large
number of young men, not long out of school,
were being rejected on medical grounds. An article
written by a Major General in the Contemporary
Review (1902: 76–86) put the proportion at 60%.
A year later the Director of the Army Medical
Service, although questioning the exact proportion,
nevertheless drew a similar conclusion1. The
implications were clear. If the problems were to be
remedied then the health of the rising generation
had to be improved; and this conviction merged
with growing support in influential circles for the
eugenics movement (see Searle, 1976) and for the
ideas of those who promoted the case for ‘national
regeneration’ (Searle, 1990).
Introduction
The three Children Acts of 1908, 1948 and 1989
each reflected the times in which they were
enacted. Sometimes, as in 1908, politicians spoke
of ‘a propitious moment’ or, as in 1989, of recent
years having offered ‘an historic opportunity’ to
reform child care law. What was it, therefore,
in these instances, and in 1948, that created the
climate in which it was judged both necessary and
opportune to make these major reforms?
A ‘Children’s Charter’
Although the Liberal Party had won a landslide
victory in the election of January 1906, it is
doubtful whether they came to power with a
clearly formulated programme of social reform.
However, sufficient measures followed, such as the
the same year, for their administration often to be
credited with creating the foundations of a welfare
state. Yet, the reasons for this departure are
complex (see Aitkin, 1972; Hay, 1975). Some lay
within the party where those such as Churchill and
Lloyd George were keen to advance the cause of
social reform. Some lay in what has been termed
‘the pressure from below’; that is, in a fear of the
possible repercussions of working class discontent
and in the parliamentary presence of 29 Labour
The evolution of landmark
legislation
Roy Parker
University of Bristol, UK
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