Parents sentenced for cruelty to young child

The BBC reports on how the parents of a young baby have been found guilty of child cruelty. One, a 21 year old man was gaoled for two years including grievous bodily harm, whilst his partner, a 23 year old woman was given a suspended sentence of 35 weeks with community service. Both parents have been banned from working with children.

The baby was admitted to a Hampshire hospital at the age of five months, emaciated and suffering from serious injuries, including fractures and bruising. Apparently health visitors had not seen anything of concern despite checking on the child at least a week prior to his admission to hospital. He has been placed with foster carers.

Abuse of children by both parents is not uncommon. Prior to the Domestic Violence, Crime And Victims Act 2004 there were sometimes difficulties in prosecuting two parents, where both denied any abuse, but blamed the other. 

Section 5 of this Act creates a new offence of failing to protect a child or vulnerable adult.

A person is guilty of an offence if a child or vulnerable adult dies as a result of the unlawful act of a person who was a member of the same household and had frequent contact with him. There has to be a significant risk of serious physical harm being caused to the child or vulnerable adult, and either the Defendant is the person who caused the child/vulnerable adult’s death or D was or ought to have been aware of the risk, failed to take reasonable protective steps and the act occurred in circumstances that the Defendant ought to have foreseen.

What of the child’s rights to compensation? It is anticipated that the local authority (which will probably have taken out a care order over him) will submit a claim for compensation to the Criminal Injuries Compensation Authority.

A claim against social services looks very uncertain. It is not clear whether social workers had any involvement with this family prior to his birth. If there are concerns about a child’s welfare at birth in hospital, then the hospital itself may have social workers on standby to monitor the family. However it may practically speaking, be very difficult to spot deliberately caused injuries on a child and even more difficult to guard against a sudden sustained assault by one or both of the parents.  Social workers may rely on background information, so for instance if a mother of a new born baby takes up with a partner with a history of violent offending against children, then there may be grounds to act. However a full care order is not granted lightly, there has to be a risk of “significant harm”.