A presentation to Bedfordshire County Council Social Services Committee,
February 1995
In the Beginning (1066-1871)
A diary of significant developments in child protection from 1066 to 1994 would, inevitably, need to be a very thick one, as it seems a week seldom goes by without a new report or enquiry from which we have to something learn. However of the 928 years covered, the first 800 or so would have no entries at all. It is perhaps rather startling to realise that until the latter part of the 19th century, children were not regarded as individuals in their own right but were in law for the most part regarded as the property of their parents. They were felt to have no right to, nor need of, any protection by the state and their social standing required that every effort be made to keep them with their parents, however abusive. Property rights in any case prevented any intervention by the state in the way children were treated by their parents.
First Steps in Protection (1872-1933)
When children finally began to be recognised as people in the latter half of the nineteenth century, we start to see relevant legislation reaching the statute books. However, whilst the law at this time recognised that children have a right not to be "wilfully ill-treated, neglected or abandoned", the focus of legislation was primarily criminal, rather than civil. In consequence, the law concentrated on punishing of the perpetrator rather than on promoting the well-being of the child. We had to wait another 40 years until the 1933 Children and Young Persons Act for legislation putting the child at the centre of the court's attention.
Modern Times (1933-1973)
The 1933 Children and Young Persons Act introduced consideration of "the welfare of the child" for the first time in English law. It was not, however, until 1952 that legislation was passed allowing children to be removed from