ABSTRACT
This chapter examines the role of the welfare principle in the civil law governing provision for the control of those children and young persons brought before the family proceedings court; or, more specifically, with ‘control’ in a ‘care’ context as defined by the Children and Young Persons Act 1989. ‘Control’, as a legal function in the context of child welfare, is essentially negative, is rooted in private family law and owes its origins to the doctrine of parental rights. The body of legislation comprising successive Children and Young Persons Acts has provided, and continues to provide, the statutory framework for resolving control issues arising in a public family law context. Justice and welfare are the two competing frames of reference governing the legislative response to the problem of a child whose behaviour is both out of parental control and criminal.
