Radicalisation: antithetical jurisdictions of protection and punishment

Susan SM Edwards Professor in Law Emerita University of Buckingham and Door Tenant Red Lion Chambers London 

Whilst ‘evidence’ of ‘radicalisation’ and ‘extremism’ has acted as a trigger for state intervention in child protection criminal investigation and citizen deprivation there is no consensus with regard to what either term means or what behaviours fall within its nebulous linguistic ambit. Since 2015 in particular local authorities have initiated care proceedings in cases where radicalisation and extremism are suspected and the court in fact finding hearings has divined what facts are material. The uncertainty around radicalisation has resulted in groundless referrals being made and presented difficulties for local authority social workers in cognising what evidence is required to initiate care proceedings and also created difficulties for the courts in determining finding of fact hearings the welfare threshold and appropriate interventions. This article examines recent cases including families with small children returning from once ISIS controlled territory and the continuing uncertainty about the appropriateness of intervention. The article concludes with a consideration of the treatment of Shamima Begum who as a minor was the victim of...

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