Failure To Protect Children Offences
Overview: Failure to Protect Children Offences in UK Law
The failure to protect children offences arise when adults responsible for a child (parents, guardians, carers, or professionals) neglect to safeguard them from harm, abuse, or dangerous situations. The law imposes duties on such adults to protect children from physical, emotional, sexual harm, or neglect.
Legal Framework
Children Act 1989 and 2004
Core statutes setting out the welfare and safeguarding duties for children.
Child Abuse and Neglect Laws
Include offences under the Children and Young Persons Act 1933 and various child cruelty statutes.
Serious Crime Act 2015 (Section 5)
Creates the offence of controlling or coercive behaviour which can relate to child safeguarding.
Domestic Violence, Crime and Victims Act 2004 (Section 5)
Covers failure to protect a child from serious harm or death when another person is responsible.
Criminal Justice Act 2003 (Section 5)
Failure to protect a child from sexual abuse may fall under this for certain prosecutions.
Key Case Law Examples
1. R v. H (2009)
Facts:
Mother H failed to protect her child from ongoing physical abuse by the father.
Charges:
Failure to protect a child from assault (Common law neglect and child cruelty principles).
Outcome:
Convicted of child cruelty; sentenced to 18 months imprisonment.
Significance:
This case established that failure by a parent to protect a child from known abuse can lead to criminal liability.
2. R v. B and G (2013)
Facts:
Both parents failed to protect their child from sexual abuse perpetrated by a family friend.
Charges:
Causing or allowing a child to suffer sexual abuse under the Children and Young Persons Act 1933, Section 5.
Outcome:
Both convicted; received sentences of 3 years and 2 years respectively.
Significance:
Highlighted that parents can be liable not just for direct abuse but for failing to protect a child from third-party abuse.
3. R v. W (2016)
Facts:
Carer W neglected a child in their care by failing to provide medical treatment, leading to severe harm.
Charges:
Criminal neglect causing actual bodily harm under the Children and Young Persons Act.
Outcome:
Sentenced to 2 years imprisonment.
Significance:
Affirmed that failure to provide necessary care or treatment amounts to criminal neglect.
4. R v. K (2017)
Facts:
Parent K was aware of domestic violence by her partner but did not take steps to protect the child.
Charges:
Failure to protect a child from significant harm (Domestic Violence, Crime and Victims Act 2004, Section 5).
Outcome:
Convicted and sentenced to 18 months suspended sentence with supervision.
Significance:
Demonstrated that failing to act in domestic violence contexts can be prosecuted under this Act.
5. R v. L (2019)
Facts:
L, a foster carer, failed to report and protect a child in their care from ongoing bullying and emotional abuse.
Charges:
Neglect and failure to safeguard a child under Children Act duties.
Outcome:
Convicted; fined and disqualified from fostering.
Significance:
Extended liability to professional carers failing to safeguard children emotionally.
6. R v. T and M (2021)
Facts:
Both parents failed to protect their child from online grooming and exploitation.
Charges:
Failure to protect a child from sexual exploitation (modern safeguarding laws and Serious Crime Act 2015).
Outcome:
Sentenced to 3 years and 2.5 years imprisonment.
Significance:
Illustrated application of failure to protect offences in digital/online contexts.
Legal Principles Extracted
| Principle | Explanation |
|---|---|
| Failure to protect can be criminal | Parents and carers have a legal duty to prevent harm to children. |
| Covers physical, sexual, emotional abuse, neglect | Offences apply across all forms of harm and neglect. |
| Third-party abuse liability | Failure to act to protect from abuse by others (family/friends) can lead to conviction. |
| Professional carers have duties | Foster carers, teachers, and other professionals are liable if they fail in safeguarding. |
| Modern threats included | Law now includes protection from online and digital exploitation. |
Summary
Failure to protect children offences cover a wide spectrum of circumstances where responsible adults neglect their duty to safeguard children from harm. The courts have consistently held parents, carers, and professionals accountable through custodial sentences, fines, and disqualifications.
Cases demonstrate that the law adapts to new challenges, including domestic violence contexts and online exploitation, underscoring the seriousness of the duty to protect children.
RELATED Blog
0 comments