Introduction

This chapter explores the legal frameworks which may apply to families affected by mental illness from a UK and an international perspective. In most countries legal frameworks have been established to regulate the relationship between the individual, the family and the state. In particular, the safeguarding of children's welfare is covered by legal provision to ensure that children's needs are met and that they are safely cared for. In the UK and elsewhere, there is also provision to support families and parents to care for their children, whenever this is possible. As far as mentally ill parents are concerned, there is also separate legal provision to safeguard and support their needs.

The issues

Mental illness is likely to affect, and even to impair, the capacity to parent. There is substantial evidence about the possible adverse effects of a parent's mental illness on their child. (Henry & Kumar, 1999; Reder et al., 2000) (see Hall, Chapter 3). However, the degree to which parenting capacity is affected by the parent's condition is subject to a wide range of variables, some relating to the parent, some to the child and some to the overall circumstances in which the child is being cared for (Falkov et al., 1998).

Given that the capacity to parent may be impaired in families affected by mental illness (Cleaver et al., 1999; Howarth, 2001), both the supportive and the safeguarding role of the state's legal provision may apply.