Parental Rights Assumptions, The Passage of Time and 'Natural Justice': The Use of Section 3(1)(d) of the Child Care Act 1980

Summary This paper reports a study carried out in two Social ServicesDepartments, of 63 children in care under Section 2 of the ChildCare Act 1980, in respect of whom parental rights had been assumedunder Section 3 on the ground that they had been in Section2 care for three years or more. Some of the arguments put inthe debate about ‘natural justice’ in relation toparental rights assumptions are briefly considered in the introduction;recent changes in such assumptions are then outlined. The studyand its main findings are then presented, with reference tothe findings of other studies of parental rights resolutionswhere appropriate, Finally, the implications of the study forthe ‘natural justice’ debate are discussed. Theauthor's main conclusion is that the existing procedure is anomalousalthough Departments' use of it may be acrupulously careful.The grounds for assuming rights should be revised and the procedureshould be carried out by a family court.