The adequacy of remedies in respect of unsubstantiated allegations of child abuse


The rationale for the need for the State to intervene to protect children from abuse focusses on the welfare of the child. Less attention is given to the ramifications for parents who are suspected of abuse, but where no evidence of abuse is found, or where evidence is inconclusive. Severe and long lasting harm can be caused by the investigative State processes such parents undergo. In such situations parents may seek redress. Although the question of remedies in relation to harm caused by public family law processes inevitably concerns discussion of the appropriate balance between State powers and private remedies, such discussion tends to focus on the later stages of the child protection process. The question of harm is not adequately addressed, particularly in cases where there is insufficient evidence to progress beyond investigation. Specific provision for adequate remedy that does not upset the balance between State powers and private rights is indicated.

Divisions: College of Business and Social Sciences > School of Social Sciences & Humanities
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College of Business and Social Sciences > Aston Institute for Forensic Linguistics
Additional Information: 12 months after its publication date, under a CC-BY-NC licence.
Uncontrolled Keywords: Arts and Humanities(all)
Publication ISSN: 1358-8184
Last Modified: 08 Jan 2024 09:31
Date Deposited: 15 Mar 2022 14:04
Full Text Link: https://www.fam ... 17__CFLQ_43.pdf
Related URLs: http://www.fami ... se#.WLRPZ2BvjIV (Publisher URL)
PURE Output Type: Article
Published Date: 2017-02-20
Accepted Date: 2017-01-01
Authors: Devine, Lauren


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