The criminal law and child neglect: - Action for Children

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.