The Children Act 1989 in Context: Four perspectives in Child Care Law and Policy (I)

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Abstract
This paper outlines four different perspectives which may be taken on child care law and policy, and applies them to the Children Act 1989, and briefly outlines the four perspectives, which are termed: laissez-faire and patriarchy; state paternalism and child protection; the defence of the birth family and parents' rights; and children's rights and child liberation. The first two perspectives are than discussed more fully in Part 1. Laissez-faire and patriarchy refers to a perspective which favours minimum state intervention in family life. This means that parental and patriarchal power in the family is only disturbed in extreme circumstances of poor child care. This perspective is reflected in the Children Act in the “non-intervention principle” of Section 1. State paternalism and child protection is a prespective which favours much readier coercive state intervention to protect children from abuse and poor care. The child's welfare is a more important consideration than family autonomy. This perspective is reflected in the Children Act in the introduction of likely significant harm to the child as a possible basis of an order, and in other extensions of state power.

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