The Children (Protection from Offenders) (Miscellaneous Amendments) Regulations 1997: new alliances in the management of risk and uncertainty

A sociological interest in the characteristics of 'late modernity'has encouraged debate about the nature of risk and uncertainty. Sociologists and some social work academics argue that risk as a calculative capacity to predict probable outcomes, does not accurately reflect current social conditions. These are better described in terms of uncertainty, and a reliance upon risk is grounded in an illusory confidence in expert knowledge. This paper argues that official' regulation and guidance depends essentially upon risk analysis and that The Children (Protection from Offenders)(Amendments) Regulations of 1997 and 1999 were introduced in this context. Through examining recent case law, it becomes evident that social work professionals and the courts have forged a new alliance in resisting the Regulations. Courts have rejected an emphasis on risk and have centralized uncertainty in judgements about the best interests of individual children. In so doing they have breached the Regulations and rejected regulatory conformity