ABSTRACT
This chapter deals with the modern positive functions of the welfare principle, in a public family law context. ‘Prevention’ and ‘promotion’ are legal functions which give effect to a very modern interpretation of the welfare principle. The broad socio-legal context of contemporary paternalistic state assistance for children and their families evolved from the ancient parens patriae responsibilities of the king for the welfare of his more vulnerable subjects. ‘Prevention’ requires action to avoid any further deterioration in the circumstances of a particular child or children such as might otherwise result in a breach of the welfare threshold. ‘Promotion’ is a function with little application in a public law context. The 1989 Act places a clear but minimalist responsibility on local authorities in respect of the welfare threshold. The 1989 Act has transformed the role of a local authority in relation to a claimant and the provision of accommodation services.
