Emotional cruelty to children set to become a crime

The Government is considering making emotional cruelty to children a criminal offence. Under the plans, parents who deny their children affection face prosecution for the first time. It will also make it a criminal offence to do anything that deliberately harms a child’s “physical, intellectual, emotional, social or behavioural development”. Parents found guilty under the proposed law change could face up to 10 years in prison, the maximum term in child neglect cases.

The change will update existing laws in England and Wales, which only allow an adult responsible for a child to be prosecuted if they have deliberately assaulted, abandoned or exposed that child to suffering or injury. It is believed that new measures will be introduced ahead of the next election, possibly in the Queen’s Speech.

A monumental step forward

The new offence follows a campaign for a “Cinderella Law” from charity Action for Children. Sir Tony Hawkhead, the chief executive of Action for Children, has declared that the change will be a “monumental step forward for thousands of children”. He went on to comment “We are one of the last countries in the western world to recognise all forms of child abuse as a crime. Years of campaigning have been rewarded, the Government has listened and this law will change lives”.

The reforms were also backed by MPs, with Conservative MP Robert Buckland noting that the current law is based largely on legislation first introduced 150 years ago. However, he stressed that the new law will not criminalise parents for being nasty, but for their criminal behaviour. “This proposal is not about widening the net, it’s about making the net stronger so that we catch those parents and carers who are quite clearly inflicting significant harm on their children, whereas they should be nurturing them and loving them”, he stated.

The right to grow up in a safe environment

Commenting on the proposals, Nick Clegg, the Deputy PM, sounded a note of caution, warning that the changes must not lead to families being “micromanaged in their living rooms”. He says that the new rules must strike the right balance between state intervention in family life and child protection.

Discussing the changes, a spokesman for the Ministry of Justice said: “The government believes protecting children from harm is fundamental and that child cruelty is an abhorrent crime which should be punished. Every child should be able to grow up in a safe environment – we are considering ways the law can support this”.

For further information contact a member of the IBB Childcare team. The team deals exclusively with child welfare cases, and cases relating to disagreements between family members, such as where children live or when they visit other family members. It has extensive experience in representing children either directly or through a Children’s Guardian.

Contact a member of the IBB Childcare team in confidence on 01895 207857, or email us at childcare@ibblaw.co.uk