The criminal law and child neglect: - Action for Children

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ForewordChild neglect is a deep-rooted andextremely damaging form of child abuse.It is a problem which requires a multi-facetedresponse in policy and practice across arange of agencies. In general, we knowthat social care responses need to move toearlier intervention with families both to stopand to prevent neglect, but this is not thewhole picture. Sadly, there are some casesof child neglect which require victims to beprotected by the criminal law. In this regard,the Children and Young Persons Act 1933is unfit for purpose.I am pleased to endorse the work of Actionfor Children and of the independent groupof experts and advisors that have draftedand tested the alternative framework of lawcontained within this report. The currentlaw explicitly fails to recognise the fullrange of harm done to neglected children,and creates problems of practice andinterpretation for legal professionals.This cannot be our best effort as lawmakers at protecting neglected children,and so I am determined to see througha reform of the law in this area. I invite myfellow parliamentarians to support this asa matter of great importance and urgency.Baroness ElizabethButler-SlossFormer President of the Family Divisionof the High Court and Chair of theCleveland child abuse inquiry2.
IntroductionIn April 2012, Action for Children launcheda campaign asking the Government toreview the criminal law on child neglect, ascontained in the Children and YoungPersons Act 1933.As part of this work, a group of independentexperts was convened by Action for Childrento provide informed and objective guidanceto their campaign. Members were invitedfrom a range of backgrounds and fieldsof expertise, including legal practice andacademia, specialist child psychiatry andsocial work. Representatives from a numberof relevant organisations are also part of thegroup, including Cafcass, BASPCAN, andthe NSPCC.Laura HoyanoHackney Fellow & Tutor in LawWadham College, University of OxfordAs Chair of the Advisory Group, I wouldlike to thank my fellow members who havegiven time and energy this critical subjectand important campaign, as well as ensuringthat the issues were subject to a robustdebate. The contributions of a number ofdistinguished colleagues have helped formthe arguments contained within this report.I also am very grateful to the staff of Actionfor Children for the strong logistical supportthey have provided to the Advisory Group.The Children and Young Persons Act 1933will be 80 years old in April 2013, withsections of the Act dating back to 1868.The time has come for us to treat childneglect with the same seriousness weafford physical and sexual abuse, and toreplace the antiquated, confusing andultimately inadequate criminal law againstthe neglect of children.3.
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The criminal law and child neglect: - Action for Children

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