'Voluntary care' – the perspectives of judges and lawyers in England and Sweden

Linked to symposium 260 Drawing on interviews with judges and lawyers, and legal literature – decisions, judgments and commentaries - this paper explores legal perspectives on the use of voluntary care in England and... [ view full abstract ]

Linked to symposium 260

Drawing on interviews with judges and lawyers, and legal literature – decisions, judgments and commentaries - this paper explores legal perspectives on the use of voluntary care in England and Sweden, two countries with converging models of child welfare. From one point of view, voluntary agreements for out of home care can be viewed positively, as maximising parental involvement in decisions about care outside the family home, allowing parents to exercise their responsibilities and work in partnership with child protection/ care agencies, and thus respecting family (art 8) rights under the European Convention of Human Rights. However, from a legal perspective, voluntary care may be seen more negatively. Parents who ‘agree’ to voluntary care may have been pressured by the care authority or individual social workers and their circumstances, and be acting without full knowledge of their rights or the consequences in law and life of their actions. Thus agreeing to voluntary care is not simply a positive exercise of parental responsibility by parents but a process through which care authorities assert their power, keep cases away from court scrutiny and defeat rather than uphold justice and the rule of law.

This presentation discusses the conditions which predispose legal professionals to view voluntary care positively or negatively, and the consequences of this legal perspective for care systems, care professionals and families.