A new landscape

The role of the state in its regulation of private family life should be questioned regularly and rigorously. Article 8 of the Human Rights Act 1998 (bringing the provisions of the European Convention on Human Rights into force clearly in English law) provides:

1. “Everyone has the right for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

There is clearly a role for the state in protection of children and other vulnerable people, and that will always be a priority for the English family courts. For children, this is most often found