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Original Articles

The Children (Northern Ireland) Order 1995 10 Years On: The Resource Demands of Legislative Change

Pages 299-308 | Published online: 18 Jan 2007
 

Abstract

In the paper “A Fairer Deal For Legal Aid” (2005), the Department of Constitutional Affairs poses the question: Are we ensuring that system resources are used in the “most proportionate, efficient, effective and timely way to ensure the best possible outcomes for children and families?” This paper argues that the issue of effective use of system resources is equally applicable to Northern Ireland. It discusses the expectation that the Children (Northern Ireland) Order 1995 implemented on 4 November 1996 would deliver a re-balancing of the relationship between the State and the family, with emphasis on prevention and early intervention and with less demand for crisis-orientated services. The statistical evidence generated by agencies involved in Children Order proceedings suggests that this expectation was not met. The statistics on the number and length of Care Order applications suggest the use of compulsion has increased and, it is argued here, that the result of this is that the resource demands of the legal process affecting all of the agencies that support this process have also increased. It is also argued that by continuing to direct resources toward the legal process, the availability of resources for early intervention and for the prevention of cases coming before the court in the first place is reduced.

The views expressed in this paper are those of the author's and do not reflect those of the Commission.

The views expressed in this paper are those of the author's and do not reflect those of the Commission.

Notes

The views expressed in this paper are those of the author's and do not reflect those of the Commission.

Additional information

Notes on contributors

Theresa Donaldson

Dr Theresa Donaldson is Director of Policy and Service Development in the NI Legal Services Commission, 2nd Floor, Waterfront Plaza, 8 Laganbank Rd., Mays Meadow, Belfast BT1 3BN. Email: [email protected]

Jeremy Harbison

Dr Jeremy Harbison is a member of the NI Legal Services Commission and Chair of the Commissions Reform Committee

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