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Foreword by The Hon. Lady Wise

Published online by Cambridge University Press:  22 September 2020

Kenneth McK. Norrie
Affiliation:
University of Strathclyde
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Summary

We have embarked in recent years upon the most anxious and detailed scrutiny of the way in which our jurisdiction, in common with many others, failed to protect some of its most vulnerable children. The Scottish Child Abuse Inquiry has provided and continues to provide an essential forum for the examination of the past treatment of children in the care of all forms of residential establishments. Professor Norrie's involvement in reporting to that Inquiry on the evolution of the statutory basis for state intervention in the lives of Scottish children marked the inception of this remarkable and most erudite account of the history of child protection law.

The text as a whole takes the reader from the early reluctance by the courts to interfere with the patria potestas through to some initial protection by piecemeal legislation and then to the modern Children's Hearing system and beyond. Professor Norrie's extensive knowledge of the area is most in evidence when he explores the implementation of Kilbrandon's recommendations in 1968, the reforms introduced by the 1995 Act and the ongoing reminder of the need for a proportionate response in every individual case. He offers a thorough understanding of how Scots Law measures on child protection evolved to their current state both in terms of policy and its substantive implementation. This hugely informative study of the historical development of such measures also bestows a detailed comprehension of the various rationales given for state interference in the lives of young people, with appropriate critical analysis of each. All those with an interest in child care matters, whether practitioners, policy makers, front line workers, academics or decision makers, will benefit from reading this important book. We ignore history at our peril, but the pace of change sometimes allows us little time to reflect on the prevailing attitudes and concerns of previous generations. Such views provide an essential backdrop to any contemporary understanding of the place of the child in society. Professor Norrie's treatment of this complex topic is typically scholarly yet eminently readable and includes a wealth of fascinating little known debate and commentary.

This is a rich account of a subject that affects us all and while billed as a historical legal text will have a far broader reach. The author is to be congratulated on his evocation of many lesser known policies, provisions and influences behind the myriad of relevant legislative provisions.

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Publisher: Edinburgh University Press
Print publication year: 2020

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