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Holding the risk: the balance between child protection and the right to family life
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This article is based on the first Bridget Lindley Memorial Lecture given by Lord Justice McFarlane in March 2017 and organised by the Family Justice Council.
The full version of this article will appear in the June 2017 issue of Family Law. Find out more or request a free 1-week trial of Family Law journal.
The article is a fascinating and thought-provoking exploration of whether ‘we currently have the balance “right” as between on the one hand the need to protect children from harm and on the other the need to respect the right to family life'. Lord Justice McFarlane’s conclusion is that in most cases our system is one that is likely to strike the balance of risk between protecting children and affording respect for family life correctly in most cases. His chief concern is that the courts' belief that adoption provides a quality of care that far outstrips any...
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