The criminal law and child neglect: - Action for Children

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ConclusionChild neglect is the most common formof child abuse in the UK. It causes bothphysical and psychological harm, andcan have life-long and life-threateningeffects upon children and young people.If unchecked in a particular case, it alsorisks escalation into very serious physicalharm and even death as recent high profilecases such as Connolly and Barker(‘Baby P’) tragically illustrated.Tackling the issue of child maltreatmentrequires not just effective interventions atlocal level and successful inter-agencyworking, but also that we get the frameworkstatutory regulation and guidance right, withcivil and criminal law that is clear, succinctand helpful to those charged with protectingchildren. To that end, section 1 of theChildren and Young Persons Act 1933 standsout as out-dated and indisputably unhelpful.The proposed alternative offence of childmaltreatment would recognise the full rangeof harm done to children who are neglected.It would replace the numerous antiquatedand obscure terms and definitions thatcurrently exist, and it would also align thecriminal law with the current civil law, offeringthe opportunity for clear, unified and efficientevidence collection and decision-makingacross the two jurisdictions. We stressthat our first and primary objective is tohelp families, and that we regard criminalprosecution as a last resort where otherinterventions have failed, or are likely to befutile. We as an independent Advisory Groupsubmit this carefully considered proposal tolawmakers for England and Wales.22.
This report has been compiled in consultation with a widerange of individual experts. Particular thanks are owed to:Naomi Angell, Co Chair of the Family Law Committee of the Law SocietyRuth Gardner, NSPCCRichard Green, CafcassLaura Hoyano, Hackney Fellow & Tutor in Law, University of OxfordLisa McCrindle, NSPCCGillian Rivers, Family Law SolicitorElizabeth Smaller, Criminal Law BarristerDavid Spicer, Barrister, BASPCANRachel Taylor, Departmental Lecturer in Family Law, University of OxfordDr Eileen Vizard CBE, Forensic Child & Adolescent PsychiatristHuw Williams, Associate Professor in Clinical Neuropsychology,University of ExeterProduced in association with Action for Children, February 201323.
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 and 20: What safeguards exist?In any potent
Page 21: Broader issues to beconsideredDurin

The criminal law and child neglect: - Action for Children

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