Two new offences may be created to close a loophole in the law that can allow child killers to get off with relatively light sentences. Home Office minister Paul Goggins has promised legislation following a Law Commission report that recommended legal reforms to stop parents and carers who kill their children escaping murder convictions. This sometimes happens when neither carer will say which of them delivered the fatal blow, leading to convictions for child cruelty with a shorter sentence than would have been the case for manslaughter or murder. The two new offences put forward by the Law Commission are killing by cruelty, with a maximum 14-year sentence, and failure to protect a child, which would carry a seven-year penalty. Supporting the proposals, shadow health minister Tim Loughton said there was a gap in the law that amounted to "adults getting away with murder".
Bill Badham, development officer, National Youth
Agency
"This is a welcome and long overdue closing of a legal loophole
which amounted to child murder being condoned by the state. Between
one and two children and young people die every week in the home
because of abuse or neglect by their parents or carers. We live in
a society high on rhetoric about the care and protection of our
youngest citizens, but low, very low, on affording them the same
legal and moral rights to respect and physical integrity as
afforded to adults. This legal remedy is one small step in the
right direction."
Bob Hudson, professor of partnership studies, Centre for
Health Services Management, University of Birmingham
"Accurately and fairly establishing guilt in such cases is complex,
but it is hard to disagree with the recommendations of the Law
Commission. It is important that the sweeping changes being
proposed to organisational arrangements and professional practice
are matched by appropriate changes to the law. David Blunkett needs
to fight hard to get space for this proposal passed and
implemented."
Julia Ross, social services director, London Borough of
Barking and Dagenham
"This move is long, long overdue and could at last put some
confidence back into the system that as a society we are serious
about taking action. It should also have a serious impact on
supporting social workers and others in their judgements and to be
really clear about which parent is safe in future. Frequently, the
issue is less about who cast the final blow and more about the
responsibility of both parents and this will help in those
situations. I sincerely hope we can now make progress."
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