Policing parents: A deconstructive examination of schematic state interference into private life with special reference to assessment of families deriving from the state's duty to 'safeguard' children under the provisions of the Children Acts 1989 and 2004

The relationship between the state and citizens can give rise to legal and moral tension when the state interferes into private life to fulfil its statutory duties. Important areas where the state has such powers occur in the Children Acts 1989 and 2004 where powers are conferred on local authorities. These powers include surveillance of private family life to identify and assess children who may be “in need of services” or “at risk of or suffering significant harm”. The thesis argues that these powers prioritise the policing of families to ensure parents' compliance with prevailing child welfare ideology, and that policing has overtaken family support. Child welfare discourse dominates and mediates debate, claiming state powers are necessary to protect children from harm. The thesis challenges these claims using (critical) discourse analysis on a sample of legal and policy texts. The justification for 'child protection' and 'safeguarding' is also critically examined from post-modem theoretical, statistical, and doctrinal law perspectives to identify power imbalances. This mixed methods approach offers an integrated debate challenging the orthodoxy and suggesting fundamental revision of current law and policy.