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Managing risk under the children act 1989: Diversion in child care?
Author(s) -
Masson Judith
Publication year - 1992
Publication title -
child abuse review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.569
H-Index - 41
eISSN - 1099-0852
pISSN - 0952-9136
DOI - 10.1002/car.2380010207
Subject(s) - general partnership , bureaucracy , child protection , foster care , work (physics) , best interests , duty , social work , economic justice , intervention (counseling) , business , political science , law and economics , sociology , law , medicine , nursing , engineering , mechanical engineering , politics
The idea of diversion has dominated the theory and practice of juvenile justice for some time. Developments in child care practice in the 1980s mirror those which produced diversion. Diversion provides an alternative conceptual framework within which the changes to child care law introduced by the Children Act 1989 can be analysed, particularly the interrelation of s.1(5), the so‐called non‐intervention principle, and Part III, which establishes the duty of local authorities to provide services for children in need. These provisions and current child care practices may be seen to promote four distinct forms of diversion: (1) diversion from court; (2) diversion from care or residential provision; (3) diversion from procedures; and (4) diversion from social work. Examining the law and practice in terms of diversion focuses on the potential gains and losses resulting from the Children Act's emphasis on partnership, planning and bureaucracy without presuming that losses will be compensated for by the provision of services. It also suggests the need to consider child care in terms of net widening and tariff raising.