'Families in All Their Subversive Variety': Over-Representation, the Ethnic Child Protection Penalty, and Responding to Diversity Whilst Protecting Children

Abstract

This article explores the neglected issue of the over-representation in the child protection system of children from ethnic, cultural, religious, racial, and linguistic minorities. It focuses on the accommodation of children’s diverse backgrounds within the s31(2) threshold and s1 “best interests” stages of intervention under the Children Act 1989. Firstly, it introduces the ethnic child protection penalty as a new tool for capturing the complex nature of over-representation of these children. Secondly, it proposes a framework for understanding the judicial approach in higher court decisions on the current extent and nature of accommodation. Thirdly, it employs the penalty concept to help explain why case law analysis reveals difficulties with the current factor-based approach, whereas empirical research suggests generally satisfactory accommodation in practice. It concludes by proposing a contextualised framework for decision-making in relation to child protection.

Keywords: Child protection, s31(2) Children Act 1989 threshold, s1 Children Act 1989 'best interests', culture, diversity, ethnic minorities, ethnic penalties, contextualised subjects