Child Maltreatment in Diverse Households: Challenges to Law, Theory, and Practice

In the United Kingdom relatively little attention has been paid to 'race' and racism and the role of cultural, religious, and linguistic diversity in care proceedings. This paper will look at the background, law, and guidance on diversity in this field and explore the impact of notions of diversity in evidence before the courts. It will look at their relevance in allegations of 'significant harm' to children and failures of parenting, and the coverage of diverse backgrounds in expert reports and parents' statements. It will argue that while there is no evidence that the threshold criteria for a care order require reassessing, there is room for considerable improvement in attention to issues of diversity in evidence and in the experiences of parents attending court. The paper will explore the implications of the studies for theorizing law and the duties of the state and look at notions such as cultural relativism and concepts imported from cultural anthropology for determining culturally acceptable parenting. It will highlight problems with these approaches and demonstrate why 'paradigms of intersectionality' is a more useful and robust approach.