Child Care Solicitors

There are growing calls to make the reporting of suspected child abuse compulsory. Keir Starmer QC, the former Director of Public Prosecutions, wants to see a change in the law to make it a legal requirement for professionals such as doctors, social workers and priests to report all allegations of child abuse to the authorities.

This call for change follows several major scandals and many individual cases that have made national and international news. Cases of priests involved in child abuse; the Jimmy Savile scandal and Operation Yewtree, which has revealed many cases of youngsters being abuse and cases such as that of Daniel Pelka, a young boy who was beaten and starved, have highlighted an important point, which is that in all of these cases people were aware of abuse taking place, but had failed to take action. In cases where the abuse was taking place at home the local authorities should have been in the position to commence care proceedings to protect the child.

The Jimmy Savile case has shocked the nation, largely because it has become apparent that nurses would protect the children in their care, but were unable or unwilling, to report their concerns to the authorities.

In recent years there have been many reports of child abuse at the hands of priests from both the Catholic Church and the Church of England. In many of these cases other clergy were aware of what was happening, but turned a blind eye. The most recent example is that of a Catholic priest, Finian Egan, who has been found guilty of eight counts of child sex abuse on young girls. One of the victims explained how she had asked a nun to cut her hair so that she would not look so attractive to the priest.

The case of Daniel Pelka highlighted how teachers, social workers and doctors failed to protect a young boy who was starved, poisoned and beaten by his mother and stepfather.

Coventry Safeguarding Children Board carried out a Serious Case Review, which concluded that at his primary school: “no records were made, incidents were viewed individually, and there was no person who was co-ordinating the concerns and identifying that a clear pattern of risk was potentially emerging.'' Teachers and staff saw signs that he was being mistreated, but no one reported the matter to the police.

In Daniel’s case, police were aware of serious problems in the home. The report stated that: “The Police were called to the address on many occasions and in total there were 27 reported incidents of domestic abuse.“ Daniel’s mother and her partners were both heavy drinkers.

On one occasion, in September 2011, before Daniel started school, he suffered a broken arm. Abuse was suspected, but there was insufficient evidence. If the school had reported all the evidence it had accumulated there may have been a different outcome.

The major missed opportunities, according to the Serious Case Review, were that at the time of his broken arm in January 2011:

• It was too readily accepted by professionals as being accidentally caused.

• When the school began to see a pattern of injuries and marks on Daniel during the four months prior to his death they were not acted upon.

• At the paediatric appointment in February 2012 Daniel’s weight loss was not recognised.

• Child abuse was not considered as a likely differential diagnosis for Daniel’s presenting problems.

Daniel’s case has highlighted the need for professionals to collate and report all possible incidents of abuse and to not simply believe the parents or as in Daniel’s case, his older sister’s version of events.

Paula Barrow, from Manchester, backed by Keir Starmer, has set up a petition to make a change in the law “to better protect vulnerable children like Daniel Pelka.”

If your child is subject to care proceedings or if any of the other issues mentioned above have affected you it may be advisable to speak to Duncan Lewis who can offer legal advice.