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Our factsheet gives a definition of child abuse and describes how criminal investigations are undertaken. It also explains why it is sometimes decided not to prosecute in cases in child abuse.
Please note that this factsheet refers to the law as it stands in England.
What is the definition of child abuse?
How is child abuse investigated?
How are criminal investigations of child abuse undertaken?
How many criminal prosecutions in cases of child abuse are there and how are decisions made?
Why might it be decided not to prosecute in some cases of child abuse?
In civil law1 the welfare of children is the responsibility of local authorities and family courts. Under section 47 of the Children Act 1989,2 local authorities are charged with the “duty to investigate … if they have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm”. Harm is defined in the Act as the ill-treatment of a child (including sexual abuse and non-physical forms of ill-treatment) or the impairment of health (physical or mental) or development (physical, intellectual, emotional, social or behavioural).
In criminal law it is the police and the criminal courts who prosecute offenders and protect the public, including children. Home Office Circular 16/2005 lists criminal offences against children.3 It includes the offence of cruelty to children, which was first established in section one of the Children and Young Persons Act, 1933.
“If any person who has attained the age of sixteen years and has the custody, charge, or care of any child or young person under that age, wilfully assaults, ill-treats, neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health…that person shall be guilty of a misdemeanour…”.4
References
1. NSPCC (2011) An introduction to child protection legislation in the UK. NSPCC factsheet. London: NSPCC.
2. Great Britain, laws and statutes (1989) Children Act 1989 (chapter 41). London: Her Majesty's Stationery Office (HMSO).
3. Home Office (2005) Guidance on offences against children. Home Office Circular,16/2005. [London]: Home Office.
The list of criminal offences in Home Office Circular 16/2005 includes law up to, and including, the Domestic Violence, Crime and Victims Act 2004 and the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
4. Great Britain, laws and statutes (1933) Children and Young Persons Act, 1933 (chapter 12). London, Her Majesty's Stationery Office (HMSO).
Related links
Definitions and signs of child abuse
NSPCC factsheet.
Child protection statistics
A compilation of government, official and research statistics on child protection, safeguarding and child abuse.
When a child is abused, the primary concern will usually be to ensure that the child is protected from the risk of further abuse, and the child’s welfare will be a priority in any child protection investigations and proceedings. "Wherever possible, protection will be achieved by working in partnership with the child’s carers, without the need to resort to formal state intervention. However, particularly in cases where the child has suffered physical harm or has been sexually abused, a criminal investigation will also be undertaken".5
An investigation by the local authority’s child protection team may lead to a child being placed on the child protection register and/or being removed from home if they are considered to still be at risk. Assessments will be carried out on the family in order to establish the level of risk to the child. The child protection team has a duty to discuss the case with police if they believe the abuse constitutes or may constitute a criminal offence.6
References
5. Cobley, Cathy (2004) 'Working together?': admissions of abuse in child protection proceedings and criminal prosecutions. Child and Family Law Quarterly, 16(2): 175-187.
6. See sections from 5.19 of: Her Majesty's Government (2006) Working together to safeguard children: a guide to inter-agency working to safeguard and promote the welfare of children (PDF). Nottingham: Department for Children, Schools and Families (DCSF).
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All police forces have child abuse investigation units (CAIU’s), which normally take primary responsibility for investigating child abuse cases. The police will make the decision whether to proceed with a criminal investigation and, if appropriate, the abuse will be recorded as a criminal offence. There will be less serious cases where, after discussion, it is agreed that the best interests of the child are served by a children’s social care-led intervention rather than a full police investigation.7
The child protection and criminal investigations will usually be undertaken simultaneously; the government has produced guidance to facilitate the 'working together' of agencies involved in child abuse investigations.7 Tensions may arise between the two investigations, often as a result of the unwillingness of carers to cooperate with the investigations and, in particular, the unwillingness of the abuser to admit responsibility for fear of criminal prosecution.8
References
7. Her Majesty's Government (2006) Working together to safeguard children: a guide to inter-agency working to safeguard and promote the welfare of children (PDF). Nottingham: Department for Children, Schools and Families (DCSF).
8. Cobley, Cathy (2004) 'Working together?': admissions of abuse in child protection proceedings and criminal prosecutions. Child and Family Law Quarterly, 16(2): 175-87.
Only a proportion of child abuse cases initially investigated by local authorities will lead to a criminal investigation and/or prosecution. In 2010, 2172 people in England and Wales were found guilty or cautioned for the specific offence of 'cruelty to or neglect of children'. There are of course other offences against children which lead to prosecutions, e.g. in the same year 309 people in England and Wales were cautioned or found guilty of sexual activity with a child under 13, and 1184 of sexual activity with a child under 16.
From: Ministry of Justice (2011) Tables A4.4 and A4.5. In: Conviction tables: Criminal Justice Statistics Quarterly Update to December 2010: Ministry of Justice Statistics bulletin (Excel). London: Ministry of Justice
The Crown Prosecution Service decides whether or not a prosecution is in the public interest. The Code for Crown Prosecutors10 is a public document that sets out the basic principles to be followed when making a decision. Crown Prosecutors must be satisfied that there is enough evidence to provide a 'realistic prospect of conviction' against each defendant on each charge. They must also decide whether the evidence can be used and whether it is reliable. If the evidential stage of the decision-making process is passed then the case moves to the public interest stage. Public interest factors that can affect the decision to prosecute usually depend on the seriousness of the offence or the circumstances of the suspect.
References
9. See chapter 3, table 3.12, 3.13 and 3.14 of: Office for Criminal Justice Reform. Criminal Justice Evidence and Analysis Unit (2008) Criminal statistics 2007: England and Wales (PDF) and Tables (excel). [London]: Ministry of Justice.
10. Crown Prosecution Service (2010) The code for Crown Prosecutors (PDF). London: CPS Communication Division.
The standard of proof in criminal proceedings is much higher than for civil proceedings. The standard in criminal proceedings is 'beyond reasonable doubt', whereas for civil proceedings it is the 'balance of probabilities'.
The Domestic Violence, Crime and Victims (Amendment) Bill 2010-11, if passed, will extend the legislation to situations where children and vulnerable adults have been seriously harmed.
From: "Domestic Violence, Crime and Victims (Amendment) Bill 2010-11." [London]: Parliament UK. Accessed 20/07/2011
Even where the perpetrator is known, there are many reasons for not proceeding with a criminal prosecution:
It may not always be considered to be in the interests of the child to carry out a criminal prosecution, since the experience of testifying at trial can be traumatic. However, much has been done to improve the process for child witnesses, including the availability of pre-trial therapy, use of intermediaries, video suites for Achieving Best Evidence interviews, and the provision of support services for young witnesses. The use of video recorded evidence and live link TV are the preferred methods of hearing children’s evidence in criminal proceedings, particularly in cases involving allegations of sexual abuse.13
Even where a child is the only main witness, a court can convict. Recent cases have confirmed that properly directed juries can reach a safe conclusion on the basis of the evidence of a single witness, whatever his or her age and whatever his or her disability.
References
11. Great Britain, laws and statutes (2004) Domestic Violence, Crime and Victims Act 2004: chapter 28. London: Her Majesty's Stationery Office (HMSO).
12. Davis, Gwynn, at al Home Office. Research, Development and Statistics Directorate (1999) The admissibility and sufficiency of evidence in child abuse prosecutions (PDF). Research Findings (100). London: Research, Development and Statistics Directorate.
13. Home Office; Crown Prosecution Service; Ministry of Justice (2007) Achieving best evidence in criminal proceedings: guidance on interviewing victims and witnesses, and using special measures. [London], Home Office.
Related links
Measuring up? Evaluating implementation of Government commitments to young witnesses in criminal proceedings
NSPCC research report.
Young witness support (PDF, 56KB)
NSPCC policy summary.
Please note that this content is of a general nature, and may not represent a comprehensive review of the literature. Search the NSPCC Library catalogue for more publications.
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