Understanding Neglect in Criminal Justice & Child Protection

Neglect Awareness Police & The Criminal Justice System DCI Holly Evans

Neglect what it means in the criminal justice environment Section 1 of the Children and Young Persons Act 1933 a person who has attained the age of sixteen years; who has responsibility for any child or young person under that age; willfully (i.e. intentionally or recklessly - see R v Turbill and Broadway [2013] EWCA Crim 1422); assaults, ill-treats (whether physically or otherwise), neglects, abandons or exposes him, or causes or procures him to be assaulted, ill-treated (whether physically or otherwise), neglected, abandoned, or exposed; in a manner likely to cause him unnecessary suffering or injury to health (whether the suffering or injury is of a physical or a psychological nature). When considering neglect as the offence to pursue under section 1 it is either one or the other not both! Ill Treatment Requires deliberate conduct on the part of the offender and a guilty mind, involving either an appreciation by the offender at the time or that they were reckless Wilful Neglect Primary meaning of wilful is deliberate , Wilfully means deliberately refraining from acting or refraining from acting because of not caring whether action was required or not

Professional Curiosity & Record Keeping You are a hugely significant protective factor for some of the most vulnerable children, all too often your role means that you are one of very few people with the best opportunity to identify concerns and protect a child from harm. Seeking corroboration can often uncover so much more Your thoughts and notes can provide significant support for police investigations, in the absence of imagery they are the next best thing. Record the guidance you give to families, if documented it can later be used to support investigations if this is the appropriate route As professionals the criminal justice system will hold your views in high regard, despite this If it isn t written down then it didn t happen

Professional Curiosity & Record Keeping continued Where - Record your conversations and observations on your relevant systems, your opinion matters so much but investigations will need supporting material GCP2 How - Check what you are told and corroborate information, do not be afraid to ask questions and get some evidence of what you are being told even in form of texts/emails/letters etc. Information - Ensure that before visits are conducted you have a good understanding and knowledge of previous professional engagements, DO NOT treat a referral in isolation - What do we already know - What were we told last time, can we confirm this has been actioned and if not record why not Benefits of the CJ route & threshold myths

Case Study A live ongoing case involving a young female child therefore details will be significantly limited Child presented at hospital with injuries commonly consistent with abuse The child s presentation indicated significant neglect The immediate multi-agency response was exceptional to safeguard the child Following the initial response a lengthy investigation against the caregiver/s has been undertaken by police who have relied heavily on material from our key partners. Key points - Vital that the incident was reviewed as whole including knowledge from agencies outside of the county, neglect is often a series of behaviour over a longer period therefore cannot look solely at what was presented on the day in question - The level of work required in order to meet the evidential thresholds has been high but is likely to yield positive CJ results