ABSTRACT

In this chapter I consider the background to the Children Act 1989 and outline those provisions of the legislation which can be seen as promoting the welfare and liberty rights of children. I then examine some of the case law on the Children Act and, using recent research findings, attempt a critical reassessment of the legislation. I argue that what the promotion of children’s rights requires is not so much amendments to the Children Act, though some useful amendments could be made, but a shift in adult thinking and practice concerning children. The demand for children’s rights is a social and political project and while the Children Act 1989 can be seen as providing a framework for significant change it cannot bring this about by itself.