The criminal law and child neglect: - Action for Children

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The current criminal lawOn 13 April 1933, The Children and Young Persons Act 1933 (CYPA) was enacted to punishcruelty to children. 13The criminal offence is contained within the Children and Young Person’s Act (1933).Part 1: Prevention of Cruelty and Exposure to Moral and Physical DangerSection 1: Cruelty to persons under sixteen(1) If any person who has attained the age ofsixteen years and has responsibility for anychild or young person under that age, wilfullyassaults, ill-treats, neglects, abandons, orexposes him, or causes or procures him tobe assaulted, ill-treated, neglected,abandoned, or exposed, in a manner likelyto cause him unnecessary suffering or injuryto health (including injury to or loss of sight,or hearing, or limb, or organ of the body,and any mental derangement), that personshall be guilty of a misdemeanour, and shallbe liable—(a) on conviction on indictment, to a fine...or alternatively,..., or in addition thereto,to imprisonment for any term notexceeding ten years;(b) on summary conviction, to a fine notexceeding £400 pounds, or alternatively,..., or in addition thereto, to imprisonmentfor any term not exceeding six months.(2) For the purposes of this section—(a) a parent or other person legally liable tomaintain a child or young person, or thelegal guardian of a child or young person,shall be deemed to have neglected him ina manner likely to cause injury to his healthif he has failed to provide adequate food,clothing, medical aid or lodging for him, orif, having been unable otherwise to providesuch food, clothing, medical aid or lodging,he has failed to take steps to procure it tobe provided under the enactmentsapplicable in that behalf;(b) where it is proved that the death of an infantunder three years of age was caused bysuffocation (not being suffocation caused bydisease or the presence of any foreign body inthe throat or air passages of the infant) whilethe infant was in bed with some other personwho has attained the age of sixteen years,to bed, under the influence of drink, bedeemed to have neglected the infant ina manner likely to cause injury to its health.The current offence requires that the prosecution prove beyond reasonable doubt that aperson: who has attained the age of 16 and has responsibility for any child or young personunder that age wilfully assaults, ill-treats, neglects, abandons, or exposes him, or causes orprocures him to be assaulted, ill-treated, neglected, abandoned, or exposed in a mannerlikely to cause unnecessary suffering or injury to health (including injury to or loss of sight,or hearing, or limb, or organ of the body, and any mental derangement).13It also made it illegal to assault, ill-treat, abandon or expose a child, although those terms are not further defined inthe 1933 Act.6.
Problems with the current lawFailure to cover the range ofharm done to childrenThe current offence only applies tophysical harm done to a child. Although theobsolete term ‘mental derangement’ mayhave been directed at non-physical harm,in 1981 the House of Lords restricted theoffence to a child’s ‘physical needs ratherthan its spiritual, educational, moral oremotional needs.’ 14In the 80 years since the ChildrenandYoung Persons Act 1933 was draftedour understanding of the harm causedby childhood neglect has developedsignificantly, especially in regard toemotional neglect and the non-physicalconsequences of neglect. Research hasshown that children who are emotionallydeprived are more likely than their peersto develop mental health problems, havepoor social and relationship skills and arevastly over-represented in the criminal justicesystem. 15 The current criminal offence doesnot reflect this knowledge, and so childneglect of a non-physical nature, howeverharmful it may be to the child and howeverlasting the consequences, is not a criminaloffence in England and Wales.A Victorian lawThe first statutory response to neglect wasthe section 37 of the Poor Law AmendmentAct 1868, which made it an offence fora parent to: “wilfully neglect to provideadequate food, clothing, medical aid, orlodging for his child… whereby the health ofsuch child shall have been or shall be likelyto be seriously injured”, with responsibilityon the ‘Poor Law guardians’ of the day toprosecute offenders. This wording remainstoday, within section 1(2)(a) of the Childrenand Young Persons Act 1933.This part of the Poor Law Amendment Actwas passed in response to specific concernsabout a sect, the Peculiar People. ThePeculiar People believed that the sick shouldbe treated through prayer and anointing, andthat seeking or providing medical assistancewould be evidence of a lack of faith in God.Members of the Peculiar People, whoseill child had died, had previously beenacquitted of manslaughter because theybelieved that their decisions were in thechild’s best interests. The phrase ’wilfullyneglect‘ was intended to capture such casesof intentional failure to act, and in this sensecreates a criminal offence of the positive actof neglect.14R v Sheppard [1981] AC 394 (HL) Lord Diplock: “To “neglect” a child is to omit to act, to fail to provide adequately forits needs; and, in the context of section 1 of the Children and Young Persons Act 1933, its physical needs rather than itsspiritual, educational, moral or emotional needs. “15N. Hickey, E. Vizard, E. McCrory et al., Links between juvenile sexually abusive behaviour and emerging severe personalitydisorder traits in childhood , (Home Office, Department of Health and National Offender Management Service, 2006)7.
Page 1 and 2: The criminal lawand child neglect:a
Page 3 and 4: IntroductionIn April 2012, Action f
Page 5: neglect - an increase from 47 per c
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 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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