Why Reform?
The Children Act 1989 and ensuing Acts based upon it, have as their central tenet ‘the welfare of the child’. (CA1989.s.17) This focus on the child, whilst well motivated, in reality sets the interests of the child apart from those of its siblings, parents and relatives. We become no longer interested in the risk to the parent of suicide, breakdown or trauma, nor in the effects of care on the breakdown of their familial relationships once the child has become an adult.
Further, the ‘test’ is decided by a judge who must decide on the ‘balance of probabilities’ (because cases are brought under civil law) rather than on the stronger test of the ‘burden of proof’, which is used in criminal law, where there is also a jury.
It is time to use a public health approach to social work with children and families, to reduce the number of children in care and to promote the well-being of our families.
Children and Social Work Act 2017