The criminal law and child neglect: - Action for Children

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Replacing ‘ill-treatment’with ‘maltreatment’‘Ill-treatment’ has no statutory definitionor accepted definition within case law.‘Maltreatment’ is used in the proposed newoffence. It is the term currently used by childprotection professionals and researchersto encompass all forms of what wasconventionally described as ‘child abuseand neglect’. It is used throughout thestatutory child protection guidance WorkingTogether to Safeguard Children as well as2012 legal aid legislation in the context ofthe abuse of children and vulnerable adults. 29Finally, the use of ‘maltreatment’ would alsosatisfy international pressure to standardiseterminology and definitions to enhance thecomparability of research data. 30Whilst the term maltreatment differs from‘ill-treatment or the impairment of health ordevelopment’ as contained in the ChildrenAct 1989 s.31(9), it is important that the term‘ill-treatment’ is not included in the proposedoffence. Preserving the term ill-treatment,but not the other four conduct elements bywhich the current offence can be committed,would create significant difficulties, which wewish to avoid.Replacing ‘unnecessarysuffering’ with‘significant harm’By using the term ‘significant harm’ in theoffence, the intention is both to removethe antiquated concept of ‘unnecessarysuffering’, and to align terminology withthe civil law as contained in the ChildrenAct 1989. 31 This will provide a consistentthreshold of when action can be takenacross different agencies, particularlyduring multi-agency child protectionconferences, with the different standards ofproof maintaining the necessary distinctionbetween criminal and civil proceedings.29Legal Aid, Sentencing and Punishment of Offenders Act 2012 Sch.1 Pt 1 paras 3(5), 13(3).30The United Nations Committee on the Rights of the Child has called for standardised clear operational legal childwelfare-based definitions: General Comment No.13 (2011): The Right of the Child to Freedom from All Forms of Violence,(UNCRC, April 2011), para.18. “Child maltreatment” is the preferred compendious public health terminology of the WHOand the Atlanta Centers for Disease Control (World Health Organisation and International Society for the Prevention ofChild Abuse and Neglect, Preventing Child Maltreatment: a Guide to Taking Action and Generating Evidence (2006), pp. 3,9; R.T. Leeb and others ., Child Maltreatment Surveillance: Uniform Definitions for Public Health and Recommended DataElements, Version 1.0 (Centers for Disease Control and Prevention and National Center for Injury Prevention and Control,2008), pp.3–5, 11). See also D.A. Wolfe and L. Yuan, Conceptual and Epidemiological Framework for Child Maltreatment(Health Canada, 2001), pp.4–5.31Children Act 1989, ss.17, 31(9) and (10).12.
Domestic violenceThe alternative offence would, for the firsttime, criminalise perpetrators of domesticviolence who cause significant emotionalharm to a child who witnesses their abuse.Safeguards that may be necessary to protectvictims of domestic violence from beingcriminalised are outlined later in the report.ExploitationExploitation is included as part of theproposed offence in order to be consistentwith articles 19, 32, 34, 36 and 39 of theUN Convention on the Rights of the Child,article 17(1)(b) of the European SocialCharter, and other international guidanceon child maltreatment. 3232World Health Organisation and International Society for the Prevention of Child Abuse and Neglect, Preventing ChildMaltreatment: a Guide to Taking Action and Generating Evidence (2006), p.7; E. Krug, World Report on Violence andHealth, (World Health Organisation, 2002), Ch.3, pp.59–60 (analysing common elements of definitions of abuse from 58countries); Public Health Agency of Canada, Canadian Incidence Study of Reported Child Abuse and Neglect 2008, (HMthe Queen in Right of Canada, 2008).13.
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: Replacing ‘wilfully’with ‘rec
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 and 22: Broader issues to beconsideredDurin
Page 23: This report has been compiled in co

The criminal law and child neglect: - Action for Children

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