The relevance to Scotland

✍ Scribed by Allen J. Bowman

• Publisher: John Wiley and Sons
• Year: 1992
• Tongue: English
• Weight: 261 KB
• Volume: 1
• Category: Article
• ISSN: 0952-9136
• DOI: 10.1002/car.2380010209

✦ Synopsis

Diversion or Avoidance?

As a concept, diversion perhaps has its dangerous aspects. Masson illustrates this in relation to diversion from social work, which as she points out can lead to families having to find their own solutions with limited support from the state. Rolling back the involvement of the state through diversion from child protection procedures may also have the effect of restricting the provision of services for children in need and their families.

Diversion from court or care are more complex areas. T o think in terms of a non-intervention principle can in itself be misleading and practitioners would be wise to remind themselves of the wording of section 1(5), that the court should not make any order under the Act unless it is better for the child than making no order at all. That should mean ensuring that there is good reason for the making of the order rather than simply avoiding intervention.

The notion that the Act demands planning without control is correct, but it should not be forgotten that the court has wide powers under section 8 to make orders without giving control to the local authority. While applicants must consider the consequences of proceedings, they should avoid being unduly deterred by the possibility of complexities. In the desire to encourage parents properly to exercise responsibility for their children, it should not be forgotten that some of them will not be capable of doing so.