Response 394643037

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Consultation questions

1. Do you think that the offence in section 12 of The Children and Young Persons (Scotland) Act 1937 would benefit from reform and modernisation?

Please select one item
Yes
No
Please explain your answer
I agree with the summary of issues listed above.

2. Do you think that existing concepts of “neglect”, “ill-treatment”, “abandonment” and “exposure” should be defined in the legislation?

Please select one item
Yes, the terms should be defined in legislation
No, the terms should be defined in guidance
No, the terms should not be defined
Further, do you think it is necessary to keep the terms “abandonment” and “exposure to risk” in a modernised offence?
No, I think abandonment is best covered under "neglect". "Exposure of risk" is also not commonly used terminology.

3. Do you have any thoughts on how professionals dealing with children and families can be supported to identify when cases reach a criminal threshold?

It could be considered as part of the Interagency Discussions between Health, Police and social work in child protection procedures.

5. Do you think that children in Scotland should have clear legislative protection from emotional abuse?

Please select one item
Yes
No
Please explain your answer.
Research has shown the detrimental long-term impact of emotional abuse.

6. Do you have examples of the sorts of behaviours and their effect on children that should or should not be captured by any revised offence?

In regards to what should be included in the definition I would like to add that I worked with a case of Fabricated and Induced Illness which led to physical but also significant emotional abuse of the child. I would like to see this included into the definition of emotional abuse and harm.

7. Do you think the provision in section 12(2)(a) concerning failure to provide adequate food, clothing, medication, or lodging should be changed?

Please select one item
Yes
No

9. Do you think that the test for establishing whether harm or risk of harm occurred should include a requirement that a ‘reasonable person’ must consider the behaviour likely to cause harm?

Please select one item
Yes
No

10. Do you think a provision equivalent to section 12(3) should be included in any revised offence, either in its current form or amended?

Please select one item
Yes
No

11. Do you think that the offence should apply wherever a person wilfully and deliberately acted or neglected to act in a way which caused harm or risk of harm, regardless of whether they intended the resulting harm/risk?

Please select one item
Yes
No
Please explain your answer.
In my experience as social worker most of the time parents don't harm their children intentionally but harm them through not being considerate enough of their needs. However, if they would think of their children's needs they would be aware that what they do is harmful but would still continue harmful behaviour.

11b). If not, do you think the offence should only apply to those who:

Please select one item
intend to cause harm to a child by their action or inaction?
intend or is reckless as to whether harm is caused?

12. Who should be capable of committing the offence?

Comments:
Anyone with the care of children not only people who hold parental rights and responsibilities.

13. Do you think the legislation should set out the age of a perpetrator?

Please select one item
Yes
No

14. Do you think that a child should be defined as 18 in relation to the offence?

Please select one item
Yes
No

15. Do you think the current penalties for a section 12 offence should be amended?

Please select one item
Yes
No

16. What, if any, steps could be taken to avoid criminalising parents/carers who have been victims of domestic abuse themselves, and have committed a section 12 offence as a consequence of this domestic abuse?

If the abusive or harmful behaviour is a direct consequence of a parent being victim of domestic abuse such parent should not be criminalised. However, the perpetrator of domestic abuse should be charged with committing a section 12 offence. Often partners of violent perpetrators are not reporting the abuse to Police and therefore those perpetrators are not charged. It is difficult to safekeep the children who are exposed to such violence and pursuing a section 12 offence conviction could help with that.

18. What further steps could be taken to ensure vulnerable parents are not unfairly criminalised for behaviour?

It should be established whether the person causing harm would have been able to act differently. A person for example with a disability or illness which is making it difficult for the person to act in a non-harmful way should not be criminalised.

Additional Questions on issues concerning equal opportunities, financial implications and other impacts

Do you consider that any of the reforms proposed in this paper will have a particular impact – positive or negative – on a particular equality group (e.g. age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation)?

Comments:
It could impact on people with a disability or illness that makes it difficult for them to act consistently in a non-harmful way.
It could also impact on people with a different cultural understanding of neglect or harm.

About you

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