The criminal law and child neglect: - Action for Children

More documents

Recommendations

Info

Protecting victims of domesticabuse from criminalisationThe criminal law concerning domesticabuse contains some safeguards againstcriminalisation. Prosecutors are requiredto take the rights and interests of childrenand young people into account at allstages of domestic violence cases, 43with sentencing guidance on personalmitigation including the criterion of an‘offender [being] dominated by an abusiveor stronger partner’. 44The existing application of the lawconcerning child protection and domesticabuse has been criticised by those workingwith survivors of abuse for failing to addressthe responsibilities of the abusive parentand potentially unfairly penalising thenon-abusive parent, particularly if the latterfeels unable to leave the relationship. 45 It isnot appropriate to give a form of blanketexemption to victims of domestic violencefrom responsibility for child maltreatment,because they are not necessarily renderedincapable of protecting and caring fortheir children. Moreover, it is possible thata blanket exception for parents or carersattributing their failure to protect their neglectof their children to alleged violence againstthemselves would open up the possibility ofthe concoction of a defence.Under our proposed offence new CPSprosecutorial guidance is required, to providenecessary and adequate safeguards toidentify the real perpetrator of the harm tothe child, and to protect a vulnerable parent.Further frontline training is also required forpolice officers and prosecutors to identifyand understand the issues involved in thesecases, and we welcome the work currentlybeing done by the CPS in this area.43Crown Prosecution Service, “Policy for Prosecuting Cases of Domestic Violence”, http://www.cps.gov.uk/publications/prosecution/domestic/domv.html#a12. Accessed 5 February 2013.44Crown Prosecution Service, “Cruelty to a Child – sentencing manual”, http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/cruelty_to_a_child/. Accessed 5 February 2013.45L. Radford, R. Aitken, P. Miller, J. Ellis, J. Roberts and A. Firkic, Meeting the needs of children living with domesticviolence in London, (Refuge/NSPCC, November 2011).20.
Broader issues to beconsideredDuring discussions about the need for reformof the criminal law on neglect, a number ofassociated concerns have been raised byAdvisory Group members which are outsidethe scope of our current exercise, yetwarrant inclusion here as possible avenuesfor future consideration. These include:• The need for detailed guidance forrelevant agencies on the proposedoffence. We recognise that, as in allareas of child protection, professionaldiscretion will have to be exercisedin each case, but greater consistencyin decision-making can be achievedwhen that discretion is guided by aset of criteria which encourage thedecision-makers to consider the entirecircumstances of the family inascertaining what is in the best interestsof the child.• Whether criminal offences relating tochild maltreatment should apply toparents under the age of 18. Asdetailed above, our alternative childmaltreatment offence does not seek tochange the age of responsibility from thecurrent age of 16. However, concernswere raised about the particularvulnerability of parents and carersbetween 16 and 18, and the fact thatthis is reflected in the civil law definitionof childhood under the Children Act1989, extending fully to age 18.• The need for a systematic reviewof evidential rules and proceduresapplicable in the family andcriminal courts. It is vitally importantthat practitioners in each court ‘lookover the wall’ to the other court whichmay be considering the same allegationsof child abuse. In particular, issuesrelating to the sharing of informationbetween the two systems of justice,and third-party disclosure, requireurgent consideration.21.
Page 1 and 2: The criminal lawand child neglect:a
Page 3 and 4: IntroductionIn April 2012, Action f
Page 5 and 6: neglect - an increase from 47 per c
Page 7 and 8: Problems with the current lawFailur
Page 9 and 10: Differences between the civiland cr
Page 11 and 12: Replacing ‘wilfully’with ‘rec
Page 13 and 14: Domestic violenceThe alternative of
Page 15 and 16: The proposed offenceSocial workers
Page 17 and 18: Education Select Committeerecommend
Page 19: What safeguards exist?In any potent
Page 23: This report has been compiled in co

The criminal law and child neglect: - Action for Children

Create successful ePaper yourself

Delete template?

Save as template?