Keeping children safe: The case for reforming the law on child neglect
The criminal law on neglect was passed
in 1933. It is out of date, unhelpful and should be reformed, and
we are seeking a commitment from the Government to review the
law
The law on child neglect
The criminal offence of child neglect is covered by Section 1 of
the Children and Young Person's Act (1933) and its purpose is the
prevention of cruelty and exposure to physical and moral danger,
yet it fails to protect children from neglect because it:
Does not accurately reflect the true impact of neglect on the
child
The offence contains a number of out-dated definitions of
neglect which do not accurately reflect its true impact,
particularly the emotional and developmental harm caused to
children. Additionally, the offence only allows for 'wilful
neglect', when we know that real harm is also done to children
unintentionally.
Serves no purpose to educate parents and the public
The law does not clarify in any detail what actually constitutes
neglect, nor does it establish the positive alternative - providing
for the basic needs of children. It seeks to punish those that do
not provide for children in the most primitive and basic ways in
which we might keep children alive, but this is out of touch with
the minimum standards society would wish to promote today.
Establishing standards of parenting in law can help to bring about
changes in parental behaviour.
Does not seek to intervene to prevent the child from harm
The offence is designed to simply punish criminal behaviour
after very serious harm has come to a child. It is not intended to
prevent harm or to assist intervention before a neglectful
situation escalates. This is out of step with social care and
family law principles, which are based on prevention of harm and
the promotion of child wellbeing, and there should be greater
coherence of how these laws operate for the purposes of child
protection.
Seeks to punish rather than prevent future neglect
Sentencing guidelines for the offence of wilful neglect seek to
prioritise punishment, and imprisonment or a caution is considered
the most appropriate sentencing response. Alternative responses,
such as rehabilitation and parenting education should be
considered.
Amending the law
In order to meet its purpose of prevention of neglect, the
criminal offence and its associated sentencing guidelines should be
updated to reflect the true nature of neglect, and should be
re-written to enable early intervention and support for
families.
Any changes to the way in which we protect children must be
carefully considered, and this will necessarily take time to
develop. We are, however, urgently seeking a commitment from the
Government to review the law.
Click
here to help campaign to change the law on child
neglect
Click here to read the full report
here