Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles
Authors

Setting parents up to fail: punishing hopeless parents is integral to care proceedings

Sep 29, 2018, 18:21 PM
Slug : Proudman-AugFLJ2012
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 7, 2012, 05:28 AM
Article ID : 99693

Charlotte Rachael Proudman
Pupil Barrister

Frances Trevena
Pupil, Garden Court Chambers

It has become increasingly apparent that public law care proceedings are undergoing significant change. One aspect of this refiguring of care proceedings involves the emergence of punitive attitudes and varying kinds of punishment imposed on parents and their children in such proceedings. Punishing parents and child result in a cycle of inter-generational problems and further care proceedings.

The first part of this article argues that punishment imposed on parents in care proceedings stigmatises and marginalises them and serves to reinforce class based processes of social, familial and economic regulation. The second part argues that the reforms outlined in the family justice review: a system with children and families at heart, serve to uphold a presumption of adoption at first instance at the expense of children's welfare needs and parent's rights to family life.

This article concludes by raising a number of potential solutions to a family law system that is in need of overhaul to support parents in caring for their children at home rather than punishing them for their perceived failings. Proposals include identifying troubled parents through the use of the Children In Need framework, long-term support provided to parents and children by trained social workers, s 17 of the Children Act 1989 support and therapeutic support and assessments ordered by s 38(6) of the Act.

To log on to Family Law Online or to request a free trial click here

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from