Whose expectations? Care orders: towards a relational harm approach in the test of reasonable parental care

Abstract

This paper presents findings from an empirical study in England and Wales, examining the test of harm in care proceedings under the Children Act 1989. Drawing on free association narrative interviews with young adults who have lived in care, the study presents a case for a presumption of relational harm in the court's finding of unreasonable parental care. Relational harm focuses on the harm for the child caused by the loss of the birth family, once the child is taken into care. Through the lens of a humanistic approach to legal criticism, this paper focuses on the harm for the child arising from the child's experience of the complex and entrenched difficulties that mothers endure. It makes recommendations for an intersubjective approach to assessing harm, such as the impact on the child of the mother's difficulties. This is in the threshold test of harm, the care plan and decisions about contact.

Keywords::

• care orders
• test of harm
• reasonable parental care
• relational harm
• intersubjective
• psycho-social

Disclosure statement

No potential conflict of interest was reported by the author.