The representation of children and their parents in public law proceedings since the Children Act 1989: high hopes and lost opportunities?
Pages | 64-72 |
Date | 30 June 2010 |
Published date | 30 June 2010 |
DOI | https://doi.org/10.5042/jcs.2010.0303 |
Author | Anna Gupta,Edward Lloyd‐Jones |
Subject Matter | Education,Health & social care,Sociology |
Journal of Children’s Ser vices • V olume 5 Issue 2 • June 2010 © Pier P rofessional Ltd
64
Abstract
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,
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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