Hostname: page-component-8448b6f56d-jr42d Total loading time: 0 Render date: 2024-04-24T10:42:48.208Z Has data issue: false hasContentIssue false

Parent Abuse: Can Law Be the Answer?

Published online by Cambridge University Press:  16 January 2012

Caroline Hunter
Affiliation:
York Law School, University of York E-mail: caroline.hunter@york.ac.uk
Christine Piper
Affiliation:
Brunel Law School, Brunel University E-mail: christine.piper@brunel.ac.uk

Abstract

This article reviews the different forms of legal interventions which may be available to address parent abuse. It seeks to examine the evidence as to which are actually used currently and the problems which are inherent in them. We do this both by examining the statutory basis of the existing potential legal remedies and reported cases relating to those provisions, and by drawing on evidence from a small-scale study of relevant professional workers in one city. We conclude that while recourse to the police, and hence potentially the criminal justice system, is most frequent in practice, the criminal justice system is not suited to tackling the issue. Other interventions, such as anti-social behaviour orders and injunctions, also reveal problems. Law struggles to find an effective response to such a complex problem. Notwithstanding the acknowledged limits of law in changing behaviour, we argue that law could be used more effectively to reduce the incidence and impact of parent abuse.

Type
Themed Section on Exploring Parent Abuse
Copyright
Copyright © Cambridge University Press 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Boyd, S. (1997) ‘Challenging the public/private divide: an overview’, in Boyd, S. (ed.), Challenging the Public/Private Divide: Feminism, Law, and Public Policy, Canada: University of Toronto Press.CrossRefGoogle Scholar
Burton, M. (2008) ‘R (Rabess) v Commissioner of the Police for the Metropolis – “scream quietly or the neighbours will hear”: domestic violence, ‘nuisance neighbours’ and the public/private dichotomy revisited’, Child and Family Law Quarterly, 20, 1, 95108.Google Scholar
Condry, R. (2010) Investigating Adolescent Violence towards Parents, ESRC funded research project, http://www.esrc.ac.uk/my-esrc/grants/RES-061-25-0392/read [accessed 28.07.2011].Google Scholar
Day Sclater, S. and Piper, C. (2000) ‘Remoralising the family: family policy, family law and youth justice’, Child and Family Law Quarterly, 12, 2, 135–51.Google Scholar
Diduck, A. (2003) Law's Families, London: Butterworths.Google Scholar
Eekelaar, J. (1999) ‘Family law: keeping us “on message”’, Child and Family Law Quarterly, 11, 4, 387–96.Google Scholar
Hollingsworth, K. (2007) ‘Responsibility and rights: children and their parents in the youth justice system’, International Journal of Law, Policy and the Family, 21, 2, 190219.CrossRefGoogle Scholar
Holt, A. (2009) ‘Parent abuse: some reflections on the adequacy of a youth justice response’, Internet Journal of Criminology, November, 1–11.Google Scholar
Home Office (2011) More Effective Responses to Anti-Social Behaviour, London: Home Office.Google Scholar
Hunter, C., Nixon, J. and Parr, S. (2010) ‘Mother abuse: a matter of youth justice, child welfare or domestic violence?’, Journal of Law and Society, 37, 2, 264–84.CrossRefGoogle ScholarPubMed
Koffman, L. (2008) ‘Holding parents to account: tough on children, tough on the causes of children?’, Journal of Law and Society, 35, 1, 113–30.CrossRefGoogle Scholar
Law Commission (2010) Adult Social Care, Consultation Paper No. 192, London: Law Commission.Google Scholar
Lustgarten, L. (1986) ‘Racial inequality and the limits of law’, Modern Law Review, 49, 1, 6885.CrossRefGoogle Scholar
Piper, C. (2008) Investing in Children, Policy, Law and Practice in Context, Cullompton: Willan Publishing.Google Scholar
Reece, H. (2005) ‘From parental responsibility to parenting responsibly’, Current Legal Issues, 8, 459–83.Google Scholar
Robinson, L. (2011) Interventions and Restorative Responses to Address Teen Violence Against Parents, Report for the Winston Churchill Memorial Trust, http://www.wcmt.org.uk/reports/828_1.pdf [accessed 28.07.2011].Google Scholar
Sarat, A., Douglas, L. and Merrill Umphrey, M. (eds.) (2005) The Limits of Law, California: Stanford University Press.Google Scholar
Smart, C. (1989) Feminism and the Power of Law, London: Routledge.Google Scholar
Vaughan, B. (2000) ‘The government of youth disorder and dependence?’, Social and Legal Studies, 9, 3, 347–66.CrossRefGoogle Scholar