ABSTRACT

Increasing concern was voiced throughout the 1980s as to the effectiveness of the public law system in protecting children from abuse and providing the necessary support to families in need. Following a review of child care law in 1985, the government produced a White Paper (1987 Cm 62) entitled The Law on Child Care and Family Services. Paragraph 5 of the White Paper outlines the principles which were eventually to underpin the public law provisions of the Children Act 1989. They were stated to be that:

• the prime responsibility for the upbringing of children should rest with parents;

• the state should be ready to help parents to discharge their responsibilities, thus reducing the number of family breakdowns;

• where a child is being cared for by a local authority, the legal responsibilities of the authority for the child should be clear, as should be the powers and responsibilities of parents in these circumstances; and that

• close contact should be maintained whenever possible between parents and children in circumstances where the child is being looked after away from home.