The representation of children and their parents in public law proceedings since the Children Act 1989: high hopes and lost opportunities?

Pages64-72
Date30 June 2010
Published date30 June 2010
DOIhttps://doi.org/10.5042/jcs.2010.0303
AuthorAnna Gupta,Edward Lloyd‐Jones
Journal of Children’s Ser vices • V olume 5 Issue 2 • June 2010 © Pier P rofessional Ltd
64
Abstract
The Children Act 1989 revolutionised the way in which care proceedings were conducted.
Gone were the rudimentary procedures of the old system, where parents and children had
limited access to independent representation. Instead, the Act enabled the local authority,
parents and children to be equally represented and for evidence to be presented in an
open and accessible manner. The changes were widely welcomed and hailed as the most
significant reform of children’s law for decades. Drawing on academic, legal and policy
literature, this article examines the changing nature and context for the representation of
children and parents over the past two decades. While there have been developments that
have strengthened the representation of children and parents, it is argued that more recent
changes, including increased bureaucracy and the introduction of the Public Law Outline,
may well have the effect of subverting the system introduced by the Children Act 1989 and of
returning matters to the inadequate pre-existing system.
Key words
care proceedings; independent representation; children’s guardians; children’s solicitors;
family court
and the family. It incorporated a range of value
perspectives in relation to the role of public
authorities in supporting families and protecting
Introduction
The Children Act 1989, when implemented in
1991, redrew the balance between the state
The representation of
children and their parents
in public law proceedings
since the Children Act
1989: high hopes and lost
opportunities?
Anna Gupta
Royal Holloway, University of London, UK
Edward Lloyd-Jones
The Law Society’s Children’s Panel, UK
10.5042/jcs.2010.0303

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