Skip to main content

Fair Trials in Child Protection

Buy Article:

$55.00 plus tax (Refund Policy)

Abstract:

Emergency Protection Orders (Children Act 1989, ss.44–45B) permit the removal or retention of children for their protection for up to eight days and can be granted without notice to the parents or child. Using evidence from a three‐year empirical study, this article explores the impact of the European Convention of Human Rights, articles 6 and 8, on decisions about these orders. Magistrates' Courts are now more reluctant to hear cases without notice to parents, but they shorten the period of notice. This precludes effective representation for parents or children. Where courts are unwilling to hear applications without notice, local authority child protection workers rely on the police to use their powers of police protection (Children Act 1989, s.46). In effect, formal compliance with article 6 undermines the rights of parents and children to participate in decisions about state intervention in the family.

Keywords: Child Protection; Emergency Protection Order; Empirical Research; Fair Trial; Human Rights; Representation

Document Type: Research Article

DOI: https://doi.org/10.1080/09649060600762282

Publication date: 2006-03-01

More about this publication?
  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more