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Lauren Devine - The Limits of State Power & Private Rights: Exploring Child Protection & Safeguarding Referrals and Assessments

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The Limits of State Power & Private Rights: Exploring Child Protection & Safeguarding Referrals and Assessments: summary, description and annotation

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This book tackles a complex area of law, social policy and social work, providing a comprehensive analysis of the theoretical, practical and legal boundaries of State power following safeguarding and child protection referrals in England. The book examines the history, rationale and implications of the current position, concluding that the balance of power is weighted in favour of the State.

The Limits of State Power & Private Rights is ground-breaking in its approach to the subject and its detailed, critical analysis. Traditionally the subject matter of the book is considered within a welfare framework. The analysis in this book argues that a policing agenda is embedded within policy but without appropriate safeguards and controls, creating potentially irreconcilable tension described by the author as the welfare/policing dichotomy.

This book is of importance to academics, lawyers, social workers, policy makers, practitioners and service users. The book is written so as to be accessible to a multi-disciplinary audience, but is sufficiently detailed so as to be suitable for specialists and non-specialists alike in this subject area. The chapters include introductory and contextual sections as well as doctrinal, theoretical and socio-legal analysis. Although the focus is on the English system, the book is equally applicable to the many worldwide jurisdictions adopting the Anglo/American child rights based framework of child protection. It is also of use as a comparative work in countries where a family support based system is practiced.

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The Limits of State Power Private Rights This book tackles a complex area of - photo 1
The Limits of State Power & Private Rights
This book tackles a complex area of law, social policy and social work, providing a comprehensive analysis of the theoretical, practical and legal boundaries of State power following safeguarding and child protection referrals in England. The book examines the history, rationale and implications of the current position, concluding that the balance of power is weighted in favour of the State.
The Limits of State Power & Private Rights is ground-breaking in its approach to the subject and its detailed, critical analysis. Traditionally the subject matter of the book is considered within a welfare framework. The analysis in this book argues that a policing agenda is embedded within policy but without appropriate safeguards and controls, creating potentially irreconcilable tension described by the author as the welfare/policing dichotomy.
This book is of importance to academics, lawyers, social workers, policy makers, practitioners and service users. The book is written so as to be accessible to a multidisciplinary audience, but is sufficiently detailed so as to be suitable for specialists and non-specialists alike in this subject area. The chapters include introductory and contextual sections as well as doctrinal, theoretical and socio-legal analysis. Although the focus is on the English system, the book is equally applicable to the many worldwide jurisdictions adopting the Anglo/American child rights-based framework of child protection. It is also of use as a comparative work in countries where a family support-based system is practiced.
Dr Lauren Devine is an Associate Professor of Law, University of the West of England. A Barrister with research interests in State powers, private rights and child protection, Lauren is Principal Investigator of the Economic and Social Research Council-funded project Rethinking Child Protection Strategy.
The Limits of State Power & Private Rights
Exploring Child Protection & Safeguarding Referrals and Assessments
Lauren Devine
First published 2017 by Routledge by 2 Park Square Milton Park Abingdon Oxon - photo 2
First published 2017
by Routledge
by 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2017 Lauren Devine
The right of Yitzhak Reiter to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Names: Devine, Lauren, (Law teacher)
Title: The limits of state power & private rights : exploring child protection & safeguarding referrals and assessments / Lauren Devine.
Other titles: Limits of state power and private rights
Description: New York, NY : Routledge, 2017. | Includes bibliographical references and index.
Identifiers: LCCN 2016046640 | ISBN 9781138782266 (hbk) | ISBN 9781315767048 (ebk)
Subjects: LCSH: Children--Legal status, laws, etc.--Great Britain. | Childrens rights--Great Britain. | Civil rights--Great Britain. | Guardian and ward--Great Britain.
Classification: LCC KD735 .D49 2017 | DDC 342.4108/772--dc23LC record available at https://lccn.loc.gov/2016046640
ISBN: 9781138782266 (hbk)
ISBN: 9781315767048 (ebk)
Typeset in Galliard
by Sunrise Setting Ltd, Brixham, UK
For Poppy, Jacob and Tom
Contents
AB & Anor, R (on the application of) v The London Borough of Haringey [2013] EWHC 416 (Admin) (13 March 2013)
AD and OD v United Kingdom (Application No 28680/06) [2010] ECHR 340
AG v Prince [1998] 1 NZLR 262
Amann v Switzerland (Application No 27798/95) (2000) 30 EHRR 843
Associated Provincial Picture Houses Ltd v Wednesbury Corp [1948] 1 K.B. 223
B v A-G of New Zealand [2003] UKPC 61
Bolam v Friern Hospital Management Committee [1957] 1WLR 582
Council for Civil Service Unions v Minister for the Civil Service [1985] 1 AC 374
F v Cumbria County Council, M, The Children (by their Childrens Guardian) [2016] EWHC 14 (Fam)
Frette v France (Application No 36515/97) [2003] 2 FCR 39
Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112
Golder v United Kingdom (A/18) (19791980) 1 EHRR 524, at para. 34.
Harris, Rock, Cherry & Faulder [2005] EWCA Crim 1980
Humberside CC v B [1993] 1 FLR 257
J, P v Miss C, S County Council (Case No: IP33/03) [2005] EWHC 1016 (Fam)
JD v East Berkshire Community Health NHS Trust, K and another v Dewsbury Healthcare NHS Trust and another, K and another v Oldham NHS Trust and another [2003] EWCA CIV 1151
JD (FC) (Appellant) v East Berkshire Community Health NHS Trust and others (Respondents) and two other actions (FC) [2005] 2 AC 373
K v United Kingdom (2009) 48 EHRR 29
Lebbink v Netherlands (Application No 45582/99) [2004] 3 FCR 59; (2005) 40 EHRR 18
M (A Minor) v Newham London BC, E (A Minor) v Dorset CC [1995] 3 All ER 353
Malone v United Kingdom (A/82) (1985) 7 EHRR 14
Marckx v Belgium (A/31)(19791980) 2 EHRR 330
Oldham MBC v GW & Ors [2007] EWHC 136 (Fam)
Peck v United Kingdom (Application No 44647/98) (2003) 36 EHRR 41
Practice Direction [1967] 1 WLR 623
R (Daly) v The Secretary of State for the Home Department [2001] 2 AC 532
R (on the application of A) v Croydon LBC & R (on the application of M) v Lambeth LBC [2008] EWCA Civ 1445
R (on the application of G) v Barnet London Borough Council; R (on the application of W) v Lambeth London Borough Council; R (on the application of A) v Lambeth London Borough Council [2003] UKHL 57; [2004] 2 AC 208
R (on the application of S) v Swindon Borough Council and another [2001] EWHC Admin 334
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