Andrew Bainham has published an article in the current edition of the Child and Family Law Quarterly entitled ‘Private and Public Children Law: An under-explored relationship’. This is believed to be the first article which sets out not to analyse the private or public law as such, but rather the relationship between the two. He concludes that many cases are ‘hybrid’ and neither truly private nor truly public. He further concludes that all children cases, including adoption, are now in reality controversially dominated by the welfare principle and that there are serious doubts that the public law threshold is fit for purpose.
(2013) Child and Family Law Quarterly 138