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The concept of significant harm in law and practice

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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The concept of significant harm in law and practice. / Harwin, Judith; Madge, Nicola.
In: Journal of Children's Services, Vol. 5, No. 2, 06.2010, p. 73-83.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Harwin, J & Madge, N 2010, 'The concept of significant harm in law and practice', Journal of Children's Services, vol. 5, no. 2, pp. 73-83. https://doi.org/10.5042/jcs.2010.0304

APA

Harwin, J., & Madge, N. (2010). The concept of significant harm in law and practice. Journal of Children's Services, 5(2), 73-83. https://doi.org/10.5042/jcs.2010.0304

Vancouver

Harwin J, Madge N. The concept of significant harm in law and practice. Journal of Children's Services. 2010 Jun;5(2):73-83. doi: 10.5042/jcs.2010.0304

Author

Harwin, Judith ; Madge, Nicola. / The concept of significant harm in law and practice. In: Journal of Children's Services. 2010 ; Vol. 5, No. 2. pp. 73-83.

Bibtex

@article{095b6726e72c48f0ad62e34106a663ca,
title = "The concept of significant harm in law and practice",
abstract = "This article examines the value of the concept of significant harm some 20 years after its introduction in the Children Act 1989. It introduces the concept of significant harm and then discusses the profile of children and families in care proceedings, the decision-making process, the interpretation of significant harm in case law, 'panic' and its impact on patterns of referrals for case proceedings, and the issue of resources. An alternative model of the problem-solving court is outlined. It is suggested that 'significant harm' has largely stood the test of time. However, the absence of a clear operational definition is both its strength and its weakness. It allows necessary professional discretion but is vulnerable to external pressures affecting its interpretation. A more confident workforce and sufficient resources are required, but the future role of the court and compulsory care is more contentious. The problem-solving court model may offer a helpful way forward for the scrutiny of significant harm.",
keywords = "Care proceedings, Children act 1989, Children and families, Parental substance misuse, Problem-solving courts, Significant harm",
author = "Judith Harwin and Nicola Madge",
year = "2010",
month = jun,
doi = "10.5042/jcs.2010.0304",
language = "English",
volume = "5",
pages = "73--83",
journal = "Journal of Children's Services",
issn = "1746-6660",
publisher = "Emerald Group Publishing Ltd.",
number = "2",

}

RIS

TY - JOUR

T1 - The concept of significant harm in law and practice

AU - Harwin, Judith

AU - Madge, Nicola

PY - 2010/6

Y1 - 2010/6

N2 - This article examines the value of the concept of significant harm some 20 years after its introduction in the Children Act 1989. It introduces the concept of significant harm and then discusses the profile of children and families in care proceedings, the decision-making process, the interpretation of significant harm in case law, 'panic' and its impact on patterns of referrals for case proceedings, and the issue of resources. An alternative model of the problem-solving court is outlined. It is suggested that 'significant harm' has largely stood the test of time. However, the absence of a clear operational definition is both its strength and its weakness. It allows necessary professional discretion but is vulnerable to external pressures affecting its interpretation. A more confident workforce and sufficient resources are required, but the future role of the court and compulsory care is more contentious. The problem-solving court model may offer a helpful way forward for the scrutiny of significant harm.

AB - This article examines the value of the concept of significant harm some 20 years after its introduction in the Children Act 1989. It introduces the concept of significant harm and then discusses the profile of children and families in care proceedings, the decision-making process, the interpretation of significant harm in case law, 'panic' and its impact on patterns of referrals for case proceedings, and the issue of resources. An alternative model of the problem-solving court is outlined. It is suggested that 'significant harm' has largely stood the test of time. However, the absence of a clear operational definition is both its strength and its weakness. It allows necessary professional discretion but is vulnerable to external pressures affecting its interpretation. A more confident workforce and sufficient resources are required, but the future role of the court and compulsory care is more contentious. The problem-solving court model may offer a helpful way forward for the scrutiny of significant harm.

KW - Care proceedings

KW - Children act 1989

KW - Children and families

KW - Parental substance misuse

KW - Problem-solving courts

KW - Significant harm

U2 - 10.5042/jcs.2010.0304

DO - 10.5042/jcs.2010.0304

M3 - Journal article

AN - SCOPUS:77957737131

VL - 5

SP - 73

EP - 83

JO - Journal of Children's Services

JF - Journal of Children's Services

SN - 1746-6660

IS - 2

ER -