Calls for reform of the criminal law on child neglect - Commons Library Standard Note

The current criminal offence of child neglect is set out in section 1 of the Children and Young Persons Act 1933. This provides that any person aged 16 or over who has responsibility for a child under that age commits an offence if he wilfully assaults, ill-treats, neglects, abandons or exposes that child (or causes or procures him to be so treated) in a manner likely to cause him unnecessary suffering or injury to health.

The charity Action for Children has launched a campaign calling for reform of the 1933 Act. It argues that the law needs to “catch up” with society’s understanding of parenting, child protection and neglect as a form of child abuse, which has evolved in the 80 years since the 1933 Act was introduced; the Act seeks only to protect children’s very basic physical needs and fails to reflect their emotional and developmental needs or the current recognition of children as individuals with rights.

The Government has indicated that it has no plans to change the criminal law in this area. It says that the courts and children’s services are already interpreting the language of the 1933 Act “in a contemporary way”, and that the Ministry of Justice has not been made aware of any difficulties experienced by prosecutors in using the section 1 offence.

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