Introduction

As is well known, the Children Act 1989 enacted a shift in discourse from parental rights to parental responsibilities. However, as the responsibilities of parents are there restated in terms of rights, powers and duties, established assumptions, understandings and expectations are retained. It was anticipated that, having enshrined parental responsibilities within legislation, over time this would become the way of understanding the parent–child relationship. As was noted in chapter 3, the Children Ac 1989 further made it clear that children were the primary responsibility of their parents, limiting the state to a protectionist role in relation to children, and families, in need. Whilst recent policy developments in relation to children's healthcare services may represent a change of emphasis, sending the message that all parents require support in meeting their responsibilities, what remains missing is a clear concept of parental responsibilities to children. This book has argued that, in contrast to traditional ideas about the nature of the relationships regulated by law, the parental relationship and that of professionals caring for children can be usefully conceptualised in terms of relational responsibilities. It is my contention that a conceptual framework of relational responsibilities should underpin the legal principles governing the provision of healthcare to children. Before expanding upon this, this chapter first considers a proposal for reform of the law governing children's healthcare decision-making Consideration is then given to a proposal as to how the law can adopt an ‘ethic of care’ approach, using the example of Carol Smith and Bren Neale' work on post-divorce contact.