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Posted: 20 November 2003 | Subscribe Online


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".   

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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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Felicity Collier, chief executive, Baaf Adoption and Fostering
"Action to close this loophole is long overdue. I commend the Law Commission on their recommendations. The proposed new offences make sense and, while no doubt alternatives could be devised, the important thing is to act now. This is about the rights of children to be safe and to be protected by adults. Maximum sentences are just that and it allows judges to exercise appropriate discretion in individual cases. If just one parent or carer feels constrained to act to blow the whistle it will have been worth it."

Bob Holman, community worker at a project in Easterhouse, Glasgow
"In general I agree with the Law Commission's proposals. But I would really want the second proposal, for a new offence of failure to protect the child, to be given more prominence. It would ensure that the person wasn't given a very long sentence where there was only a failure to protect. It is better to give a lower sentence even if that does occasionally mean someone getting off more lightly than they deserved, rather than impose an unjust sentence on someone whose crime wasn't serious enough to have merited it."



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