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Should not reporting suspected child abuse be a criminal offence?



The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
http://www.bbc.co.uk/news/uk-24772777

Teachers and other professionals who fail to report child abuse suspicions should face prosecution, the former director of public prosecutions says. Keir Starmer said that under a "mandatory reporting" law, those who failed to act could be sent to jail.

Declassified files uncovered by BBC Panorama show how schools and hospitals have repeatedly failed to protect children from sex offenders.

But the government said mandatory reporting was not the answer.

While statutory guidance has been issued previously urging professionals such as teachers, doctors and social workers to report child abuse, failure to do so is not a crime.

Mr Starmer, who was succeeded as director of public prosecutions by Alison Saunders on Friday, said it was time to "plug a gap in the law" that had been there for a "very, very long time".

"If you're in a position of authority or responsibility in relation to children, and you have cause to believe that a child has been abused, or is about to be abused, you really ought to do something about it," he said.

He said a criminal penalty would "focus people's minds" and said there should be "immunity for individuals if they did report". He said the penalty for failing to report abuse could be a short jail sentence or a fine.

"There are just too many examples of cases where those who have suspected abuse have not really done anything about it and the perpetrator has either got away with it or, worse still, been able to perpetuate the offending."

He added: "I would have a reasonably broad category of individuals that were subject to the law. Obviously school teachers, but others in a position of authority or responsibility in relation to children, including other educational institutions, even sporting institutions."

Similar laws are already in places in countries including the US, Canada and Australia.

For the first time, the Catholic Church and the Church of England have also come out in support of mandatory reporting.

Bishop Paul Butler, head of safeguarding at the Church of England, said: "We have to think of the child first, not ourselves, not the institution, what's best for the child."

But the government has no plans to change the law. The Department for Education said professionals "should refer immediately to social care when they are concerned about a child".

"This happens every year in many thousands of cases and numbers of referrals have increased over recent years," it added. "Other countries have tried mandatory reporting and there is no evidence to show that it is a better system for protecting children."

And Dame Clare Tickell, chief executive of the Action for Children, told BBC Radio 4's Today programme: "We are not convinced that making it mandatory will do what we need it to do."

She said the reporting of child abuse in the UK was on the rise and that a "huge issue" was that "teachers and people across the system are not sufficiently trained to see those early signs of abuse".

It was important they knew how to spot those signs "and not to feel that they may be prosecuted if they don't", she added.

But Jonathan West, of the Mandate Now coalition of charities, welcomed Mr Starmer's call, adding that "social services can't actually act on cases they haven't been told about".

He added: "Schools, other organisations, often don't really want to have a child abuse scandal on their hands. It is surprisingly common that schools want to handle such things in house."

Ever since the Jimmy Savile revelations, Panorama has been investigating secret historical records and looking at what government officials knew about abuse in children's homes and boarding schools. Declassified government files going back 60 years show how senior civil servants were well aware that school authorities routinely hid child abuse - preferring instead to protect the reputation of their own institutions - and the law was an inadequate deterrent.

One of the most detailed historical files in the National Archives is about a cover-up at the Royal Alexandra and Albert school. Today it is a well-regarded state boarding school in Reigate, Surrey. However, research by Panorama has revealed that seven child abusers worked at the school between the 1950s and the 1980s.
 




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
20,996
The arse end of Hangleton
I'm on the fence on this one - it requires all those professionals to be expertly trained. It also increases the risk of parents being wrongly accused - my youngest son is always covered in bruises because he plays rough, climbs trees and generally has no fear. If anyone accused me of child abuse based on that I'm struggle to keep control. There are horrendous stories of children being removed for weeks incorrectly - how on earth can that be good for either the child or the parents ?

That said child abuse is awful and should be stopped - full stop. I'm just not sure this is the way to do it. Hard one.
 


The Large One

Who's Next?
Jul 7, 2003
52,343
97.2FM
I'm on the fence on this one - it requires all those professionals to be expertly trained. It also increases the risk of parents being wrongly accused - my youngest son is always covered in bruises because he plays rough, climbs trees and generally has no fear. If anyone accused me of child abuse based on that I'm struggle to keep control. There are horrendous stories of children being removed for weeks incorrectly - how on earth can that be good for either the child or the parents ?

That said child abuse is awful and should be stopped - full stop. I'm just not sure this is the way to do it. Hard one.

Added to that - why should it only be professionals who would be prosecuted?

What if you suspect your neighbour of harming their child?

If there is a societal responsibility out there, then everyone should comply.
 


Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
20,996
The arse end of Hangleton
Added to that - why should it only be professionals who would be prosecuted?

What if you suspect your neighbour of harming their child?

If there is a societal responsibility out there, then everyone should comply.

Indeed, and if there was a legal responsibility ( rather than the current moral one ) then surely professionals are going to always err on the side of "well I better report it just in case" meaning more miscarriages of "justice" ( I can't think of a better word ! ).
 


Herr Tubthumper

Well-known member
NSC Patron
Jul 11, 2003
59,477
The Fatherland
Totally unworkable for a number of reasons some specified above. And where do you draw the line and why just child abuse?
 




El Presidente

The ONLY Gay in Brighton
Helpful Moderator
Jul 5, 2003
39,701
Pattknull med Haksprut
I can't imagine any teachers NOT reporting suspected sexual abuse, unless they are teaching at a catholic church school.
 


Thunder Bolt

Silly old bat
I can't imagine any teachers NOT reporting suspected sexual abuse, unless they are teaching at a catholic church school.

How would teachers know that sexual abuse was happening as most children are warned by their abuser that nobody would believe them. There are other forms of emotional blackmail that abusers use. It could even be the teachers themselves as there have been many cases of teachers abuse but don't get as much publicity.
There is also physical abuse, neglect and emotional abuse which goes undetected.
 






Goldstone Rapper

Rediffusion PlayerofYear
Jan 19, 2009
14,865
BN3 7DE
How would teachers know that sexual abuse was happening as most children are warned by their abuser that nobody would believe them. There are other forms of emotional blackmail that abusers use. It could even be the teachers themselves as there have been many cases of teachers abuse but don't get as much publicity.
There is also physical abuse, neglect and emotional abuse which goes undetected.

It's not a question of knowing that child abuse has taken place. Teachers are trained on possible signs of abuse, and have a responsibility to take action if they suspect that abuse may have taken place.
 


On the Left Wing

KIT NAPIER
Oct 9, 2003
7,094
Wolverhampton
I think it only touches the tip of the iceberg.
So much child abuse occurs - and always has - in secret and victims are usually terrified to speak out.
Physical abuse is easier to recognise, but child sex abuse is so hard to spot, unless a close family member or close friend knows and reports it.
Teachers and other professionals are often too far from the scene.
 


Goldstone1976

We Got Calde in!!
Helpful Moderator
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Apr 30, 2013
13,782
Herts
No, it shouldn't be a criminal offence. Two reasons:

1) The next time a case of child abuse hits the headlines, there would be a witch hunt (probably led by the Sun) to find the people who should have known and should therefore have reported it, leading to prosecutions of those people. Because it's entirely predictable this would happen....

2) People in those positions will report anything and everything just to, entirely understandably, cover their arses. As a consequence, the police/social services will be inundated with (mostly) spurious reports, making it more likely that real cases will go un-investigated.

Obviously, people with a lot of contact time with kids should be trained to spot abuse and be encouraged to report it, and maybe this needs strengthening, but I think that making it a criminal offence would be a mistake, with lots of unintended consequences.

Finally, how would you prove that an individual had a suspicion and failed to report it anyway? I can see that you might be able to prove that they should have had a suspicion, but not that they did in fact have one.
 




Thunder Bolt

Silly old bat
I think it only touches the tip of the iceberg.
So much child abuse occurs - and always has - in secret and victims are usually terrified to speak out.
Physical abuse is easier to recognise, but child sex abuse is so hard to spot, unless a close family member or close friend knows and reports it.
Teachers and other professionals are often too far from the scene.

80% of sexual abuse in children is from close family members.
 


Monkey Man

Your support is not that great
Jan 30, 2005
3,157
Neither here nor there
This is a huge subject.

Yes, teachers often miss or fail to report evidence of some horrific abuse.

But I have details of several cases when teachers and/or medics have assumed a child is being abused, emotionally or physically, when in fact the problem is undiagnosed Asperger's. (There may be other conditions that lead to similar problems - I just happen to have the details for some Asperger's cases.)

The problem is, very few teachers or social workers get training on this subject and there have been some appalling injustices as a result - and huge distress for the kids.

It doesn't even need a criminal conviction. I know one mum who has now been separated from her kids for three years on the basis of some "evidence" from teachers that her daughter "doesn't have Asperger's" - and the agency acting for the father has taken this as evidence of emotional abuse. The teachers don't have any training in what Asperger's is or isn't. The woman who persuaded the family court to sanction the removal of the kids met the family for maybe half an hour and discounted volumes of evidence that the children were happy. She knows nothing about autistic conditions either.

The trouble is, every attempt to get these decisions reversed in court can actually compound the problem and create more "evidence" that the parent is somehow in denial and aggravating the "emotional abuse" against the kids. In the case of my friend, contact sessions have been reduced to a bare minimum and all time with the kids has to be observed in a contact centre.

It may sound like an extreme example of what can go wrong but believe me, anyone who knows anything about family courts will be only too aware of the horrendously low level of "proof" that decisions are made on, how reluctant judges are to overrule colleagues, how much faith is placed in overpaid expert witnesses who know where the money is, and how lazy and complacent judgements can be, because nobody can report on what's going on.

All of which is a long way of saying we should be very careful about expecting overworked and under-trained teachers to police the system.
 






Barrel of Fun

Abort, retry, fail
I can't imagine any teachers NOT reporting suspected sexual abuse, unless they are teaching at a catholic church school.

How would teachers know that sexual abuse was happening as most children are warned by their abuser that nobody would believe them. There are other forms of emotional blackmail that abusers use. It could even be the teachers themselves as there have been many cases of teachers abuse but don't get as much publicity.
There is also physical abuse, neglect and emotional abuse which goes undetected.

The key term is suspected.

On your last point, some neglect and physical/emotional abuse goes undetected. Not all.
 








Goldstone Rapper

Rediffusion PlayerofYear
Jan 19, 2009
14,865
BN3 7DE
I think it's a good idea. Teachers aren't being asked to arbitrate on whether abuse has taken place, merely to take action if they suspect abuse has taken place, by passing information on.

Such practice is not new and corresponds with information sharing processes as outlined in the Children Act 2004.

A teacher that does not pass the information in when a child discloses abuse should be prosecuted. It would be a massive dereliction of duty on the part of the teacher.
 
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