Cutting the ties—the termination of contact in care

Abstract

This article identifies four theoretical positions concerning the benefits of contact in care, and uses them to examine recent judicial responses to the termination of contact with children in care. Under the Children Act 1989, if a local authority wishes to end the contact between a child in care and her parents, then it must apply for a court order. Although a child's contact with her natural parents is usually privileged in private law situations, it is argued that when a child is in care non-rehabilitative contact is often undervalued. Whilst continued contact is not always appropriate, precipitate termination removes the possibility of the development of more “open” models of adoption and fostering.