The criminal law and child neglect: - Action for Children

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Fit with recent and forthcoming developmentsNew domestic violenceguidanceIn September 2012, the Governmentannounced that the definition of domesticviolence would be widened, with newguidance to recognise forms of emotionalabuse in domestic violence cases, as well asextending the current law to include youngpeople aged 16 and 17.The new definition recognises that patternsof behaviour and separate instances ofcontrol can add up to abuse – includinginstances of intimidation, isolation, deprivingvictims of their financial independence ormaterial possessions and regulating theireveryday behaviour. 35The UN Convention on theRights of the Child (UNCRC)The UK Government is due to report backon progress towards meeting its obligationsunder the UNCRC in January 2014. In 2008the UN Committee on the Rights of theChild identified a range of issues in the UK,including the ‘alarming’ high prevalence ofviolence, abuse and neglect of children,including in the home, and the lack of acomprehensive nationwide strategy to tacklethese problems. 36The new provision would bring the UK into agreater degree of compliance with article19of the UNCRC and articles 7(10) and 17 ofthe European Social Charter.The prospect of the new guidance is to bestrongly welcomed, but further exposes thefailure of the Children and Young PersonsAct 1933 to protect children under 16 fromnon-physical harm. Older young peopleand adults will now be protected from suchemotional abuse whereas children under 16still are not.35Women’s Aid, Government changes the definition of domestic violence to include coercive control and recognise 16/17year olds, http://www.womensaid.org.uk/domestic-violence-press-information.asp?itemid=2914&itemTitle=Government+changes+the+definition+of+domestic+violence+to+include+coercive+control+and+recognise+16%2F17+year+olds&section=0001000100150001&sectionTitle=Press+releases. Accessed 5 February 2013.36UN Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 ofthe Convention: Committee on the Rights of the Child: concluding observations: United Kingdom of Great Britain andNorthern Ireland, (UNCRC, 2008).16.
Education Select CommitteerecommendationIn the Education Select Committee’s report,Children first: the child protection systemin England, 37 the Committee questionedwhether the 1933 Act defined neglecttoo narrowly and caused problems withprosecutions. It recommended that theGovernment investigate thoroughly whetherthe narrow scope of the definition containedin the Children and Young Persons Act 1933is causing problems in bringing criminalprosecutions for neglect. At the time ofwriting, the Government had not respondedto the specific recommendations in thereport, but the Secretary of State MichaelGove recently said, “Too many children areleft for far too long in homes where theyare exposed to appalling neglect andcriminal maltreatment”. 3837House of Commons Education Select Committee, Children first: the child protection system in England, (House ofCommons, 2012), http://www.publications.parliament.uk/pa/cm201213/cmselect/cmeduc/137/13702.htm. Accessed 5February 2013.38Michael Gove, “The failure of child protection and the need for a fresh start”, speech given on 16 November 2012.17.
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
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Page 11 and 12: Replacing ‘wilfully’with ‘rec
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Page 15: The proposed offenceSocial workers
Page 19 and 20: What safeguards exist?In any potent
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Page 23: This report has been compiled in co

The criminal law and child neglect: - Action for Children

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