Government Considering Emotional Cruelty Law

Changes to the neglect laws being considered by the Government could mean up to 10 years in jail for any parent or carer who harms the “emotional, social or behavioural development” of a child in their care.

The Government is considering whether to change the neglect laws in England and Wales in a bid to stamp out child cruelty in all its forms, not just physical, which is covered under current law.

The charity Action for Children has been campaigning for a “Cinderella Law”, which would prosecute parents who deny their children affection and they are backed in this by Conservative MP Robert Buckland, who describes the current law as outdated.

In fact, the current child neglect legislation has not been updated for more than 80 years and is still based on the 1868 Poor Law (Amendment) Act. Therefore, it focuses only on the physical effects of abuse, stating for example that it is an offence to ill-treat a child resulting in the ‘loss of sight, or hearing, or limb, or organ of the body’. However, emotional neglect, which modern science now shows can be equally as destructive to a child’s wellbeing as physical abuse, is excluded from the law.

News that the move could be included in the Queen’s speech in June has been met with delight by campaigners and a spokesman for the charity called it a “monumental step forward for thousands of children”. He added that the impact of emotional and social abuse is devastating and can lead to life-long mental health problems and, in some case cases, suicide.

He added that the charity finds it astonishing that, out of 41 legal systems examined around the world, only two, including England, do not criminalise emotional abuse, but this could be remedied if the proposed changes are upheld, although efforts to reform the law by a Peer failed to win government support last year.