Child Protection Mechanisms in UK ©
A Brief Submitted by
Emidio Pinho ©
Legal Officer – Children’s Rights in Goa
Following his research visit to UK
From 19th October – 14th December
Emidio Pinho ©
Legal Officer – Children’s Rights in Goa
Following his research visit to UK
From 19th October – 14th December
Concern about child abuse in UK is not new and is evident right from the 1800s with the initiation of the protection the rights of women movement in England. Child abuse is the term that is generally used when an adult harms a child or a young person under the age of 18. Child abuse can take four forms, physical abuse, emotional abuse, neglect and child sexual abuse [1] all of which can cause long term damage to a child: Bullying, domestic violence, racism and other types of discrimination are also forms of child abuse[2]. Like other kinds of abuse they can harm a child physically and emotionally[3]. With regard to the UK jurisdictions – England & Wales have a similar legislation, like wise the Northern Ireland and Scotland – have their own child protection systems, legislation and guidelines.
The definition of child varies from culture to culture and region to region. With regard to the laws in UK it is a felony for a man to have unlawful sexual intercourse with a girl below the age of 13 years[4]. In England, children below the age of 16 years cannot legally give their consent for sexual intercourse. In most countries, legal variations exist with regard to the age of consent.
The Sexual Offences Act 2003 came into force on 1st May 2004 in England. This Act includes definitions and penalties for child sexual abuse offences, and applies to England, Wales and Northern Ireland. This act continues to criminalise all sexual activity with a child and has set the age of consent at 16 years
Although since the 1880s there are legislations in force to prosecute people accused of child abuse, it has taken a series of high profile child abuse deaths and subsequent inquiries to establish the child protection system present today in UK. The first high profile case is the formal child death inquiry report, the Curtis Committee Report which inquired into the death of Dennis O’Neill in 1945, who was killed at the age of 12 by his foster father. Subsequently the deaths of 7-year-old Maria Colwell in 1973 led to the establishment of the modern child protection system, with further changes prompted partly by the inquiries into the deaths of 4-year-old Jasmine Beckford in 1984 and 8-year-old Victoria Climbie in 2000.[5]
The legislative framework for today’s child protection system in England and Wales is found in The Children Act 1989, in Northern Ireland in the Children (Northern Ireland) Order 1995 and in Scotland in the Children (Scotland) Act 1995[6]. These acts have since been amended by subsequent legislation.
The definition of child varies from culture to culture and region to region. With regard to the laws in UK it is a felony for a man to have unlawful sexual intercourse with a girl below the age of 13 years[4]. In England, children below the age of 16 years cannot legally give their consent for sexual intercourse. In most countries, legal variations exist with regard to the age of consent.
The Sexual Offences Act 2003 came into force on 1st May 2004 in England. This Act includes definitions and penalties for child sexual abuse offences, and applies to England, Wales and Northern Ireland. This act continues to criminalise all sexual activity with a child and has set the age of consent at 16 years
Although since the 1880s there are legislations in force to prosecute people accused of child abuse, it has taken a series of high profile child abuse deaths and subsequent inquiries to establish the child protection system present today in UK. The first high profile case is the formal child death inquiry report, the Curtis Committee Report which inquired into the death of Dennis O’Neill in 1945, who was killed at the age of 12 by his foster father. Subsequently the deaths of 7-year-old Maria Colwell in 1973 led to the establishment of the modern child protection system, with further changes prompted partly by the inquiries into the deaths of 4-year-old Jasmine Beckford in 1984 and 8-year-old Victoria Climbie in 2000.[5]
The legislative framework for today’s child protection system in England and Wales is found in The Children Act 1989, in Northern Ireland in the Children (Northern Ireland) Order 1995 and in Scotland in the Children (Scotland) Act 1995[6]. These acts have since been amended by subsequent legislation.
Police
Under the police setup there exists a unit known as Child Abuse Investigation Unit (CAIUs), having the primary responsibility for investigating cases of child abuse. Since December 2005 all CAIUs have Information Technology capability under the national IMPACT Nominal Index (INI) to quickly check which forces (broadly, UK-wide) hold information on a particular individual. This has greatly enhanced the police’s ability to contribute swiftly to inter-agency requests in addressing perceived risks.[7]
Under the police setup there exists a unit known as Child Abuse Investigation Unit (CAIUs), having the primary responsibility for investigating cases of child abuse. Since December 2005 all CAIUs have Information Technology capability under the national IMPACT Nominal Index (INI) to quickly check which forces (broadly, UK-wide) hold information on a particular individual. This has greatly enhanced the police’s ability to contribute swiftly to inter-agency requests in addressing perceived risks.[7]
Voluntary Organisation / social workers.
The social worker responsible for undertaking the assessment meets with the child and family members and liaises with other professionals who know the family (including teachers, health visitors, police, and doctors) to gather information about the needs of the child, whether the parents can adequately safeguard the child and what action is necessary.
The social worker responsible for undertaking the assessment meets with the child and family members and liaises with other professionals who know the family (including teachers, health visitors, police, and doctors) to gather information about the needs of the child, whether the parents can adequately safeguard the child and what action is necessary.
Case Conference.
Whenever a case is registered or referred, a conference is called for usually by the Social Workers. The Detectives, social workers, paediatricians, family members and other relevant professionals, who have been involved with the assessment process, attend this conference. The child may be invited to attend if it is judged they are of sufficient age of understanding.
Whenever a case is registered or referred, a conference is called for usually by the Social Workers. The Detectives, social workers, paediatricians, family members and other relevant professionals, who have been involved with the assessment process, attend this conference. The child may be invited to attend if it is judged they are of sufficient age of understanding.
Significant orders passed by court in UK
Ø Care Order[8]
Ø Emergency Protection Order[9]
Ø Care and Supervision Orders[10]
Ø Interim Care Order[11]
Ø Supervision Order[12]
Ø Accommodation Order[13]
Ø Section 8 Orders:[14] –
Ø Emergency Protection Order[9]
Ø Care and Supervision Orders[10]
Ø Interim Care Order[11]
Ø Supervision Order[12]
Ø Accommodation Order[13]
Ø Section 8 Orders:[14] –
Criminal Records Bureau (CRB) checks
CRB check is required for jobs defined as ‘regulated positions’ by the Criminal Justice and Court Services Act 2000. There are two current levels of disclosure. A Standard Disclosure is required for posts that have regular contact with children or vulnerable adults. An Enhanced Disclosure is for posts involving greater contact with children or vulnerable adults.
CRB check is required for jobs defined as ‘regulated positions’ by the Criminal Justice and Court Services Act 2000. There are two current levels of disclosure. A Standard Disclosure is required for posts that have regular contact with children or vulnerable adults. An Enhanced Disclosure is for posts involving greater contact with children or vulnerable adults.
Conclusion and Observations
The enactment of numerous legislations is an indication that the state has recognised the seriousness of the problem and that an attempt has been made to develop an effective child protection mechanisms. The presence of legislation in the statute book and the of creation of rules and protocols which professionals must follow has become one of the socially acceptable reality.
Policy makers often invoke the law at times of crisis. During my interviews with social workers, detective sergeants (police), law professors and solicitors it was clear that inspite of a number of legislations and protocols to protect children and prosecute child abuse, allegations of abuse are hard to establish to the satisfaction of the courts because of lack of evidence and the inability of witnesses to stand the defence attorney. But this has not stopped the Government from strengthening the child protection and support mechanisms in UK. The publication of the Victims Charter in February 1990 had a major impact on victims’ rights and responded to their needs.
Goa (India) being a child friendly State, having its own Children’s Act 2003 and a special Children’s Court could adopt a few of these Procedures and Protocols to strengthen the mechanisms to protect children living in the State. It has been my observation that the protocols adopted by different agencies such as the police, social services, paediatric doctors and the crown prosecution services could be adopted by the State of Goa without necessitating change in the regular processes in dealing with cases of child abuse.
[1] Physical abuse: This is when a child is hurt or injured by a child or an adult. Physical abuse includes hitting, kicking, punching and other ways of inflicting pain or injury such as poisoning, drowning or smothering. It also includes giving a child harmful drugs or alcohol.
Emotional abuse: This is when adults deny children love or affection, or constantly threaten or humiliate them. Sarcasm, degrading punishments and ignoring a child are also forms of emotional abuse and undermine a child’s confidence and sense of self-worth.
Neglect: This is when a child’s basic need for love, food, warmth, safety, education and medical attention is not met by parents or carers.
Sexual abuse: This is when a child is used sexually by an adult or young person. Sexual abuse can include kissing, touching the child’s genitals or breasts, vaginal or anal intercourse and oral sex. Encouraging a child to look at pornographic magazines or videos is also sexual abuse.
Emotional abuse: This is when adults deny children love or affection, or constantly threaten or humiliate them. Sarcasm, degrading punishments and ignoring a child are also forms of emotional abuse and undermine a child’s confidence and sense of self-worth.
Neglect: This is when a child’s basic need for love, food, warmth, safety, education and medical attention is not met by parents or carers.
Sexual abuse: This is when a child is used sexually by an adult or young person. Sexual abuse can include kissing, touching the child’s genitals or breasts, vaginal or anal intercourse and oral sex. Encouraging a child to look at pornographic magazines or videos is also sexual abuse.
[4] Section 5 of the Sexual offences Act 1956.
[5] “An introduction to the child protection system in the UK” by Helen Walters (NSPCC Library and Information Service) January 2007.
[6]http://www.nspcc.org.uk/Inform/resourcesforprofessionals/InformationBriefings/childprotectionsystem_wda48949.html
[7] London Child protection Procedures July 2007, commissioned by the Greater London Association of Directors of Social Services, with the support of the Metropolitan Police Service and Department of Health.
[8] To make a care order, the court must be convinced that the threshold criteria set out in section 31 of The Children Act 1989 are met (that the child is suffering, or likely to suffer, significant harm and that the harm is attributable to the parents or carers). The court must also be convinced that making an order is better for the child than making no order at all – this is known as the presumption of no order.
[9] The Emergency Protection Order (EPO) was introduced in the Children Act 1989, section 44-45 to replace the Place of Safety Order, a court power to detain children for their protection. Child protection: Investigators Campanion by Alan Becley 2001
[10] Courts can only make a Care Order or a Supervision Order if it is satisfied that: The child has suffered, or is likely to suffer, significant harm and The harm or likelihood of harm is attributable to the care given to the child, or likely to be given if the Order were not made, not being what would be reasonably expected of a parent; Or the child is beyond parental control
[11] The court may make an Interim Care Order (for up to eight weeks in the first instance) under section 38 of the Children Act 1989 where, in an application for a Care Order, the proceedings are adjourned or where a court in any proceedings gives a direction for the investigation of a child’s home circumstancesChild protection: Investigators Campanion by Alan Becley 2001
[12] This places a child or young person under the supervision of the Local Authority or a Probation Officer, who are required to advise, help and befriend the child.
[13] Some children are looked after by the Local Authority by agreement with, or at the request of, their parents
[14] Under the Act all efforts should be made to resolve problems voluntarily and court orders should only be sought if they will be of positive benefit to the child.Child protection: Investigators Campanion by Alan Becley 2001.
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