www.abuselaw.co.uk
Who am I?
Peter Garsden of
QualitySolicitors Abney Garsden
President of ACAL (Association of ChildAbuse Lawyers)
www.qualitysolicitors.com/abneygarsdenwww.abuselaw.co.uk
www.abuselaw.co.uk
What do I do? (1994 to date)
• Abuse Compensation cases against– Individuals– Institutions – > 25 Group Actions since 1994– The Church– Local Authorities for lack of care– Criminal Injuries Compensation Authority
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Mandatory Reporting
• USA Law since 1963• Varies from USA state to state• Some USA states oblige all adults, some
just professionals.• Penn State University & Florida Case• Australia since 1972• Many other countries including Ireland
www.abuselaw.co.uk
www.abuselaw.co.uk
Statistics from USA states (50)
All persons
Most professionals
Parents Clergy
18 (36%)
50 (100%) 25 (50%) 40 (80%)
All states have a law requiring some adults to report abuse, and some make it an offence. There are 50 states.
Not reporting a crime
Enforcement Action
41 (82%) 25 (50%)
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What laws do USA have?
• Pennsylvania.– Who has a duty to report?
• Teachers/Principals, Doctors and Care Workers
– Report to whom?• Dedicated hotline “The Childline and Abuse Registry
Intake Unit”. The advisor discusses the next steps with the reporter
– In what circumstances?• Any suspicion of child abuse must be reported orally
immediately, and in writing within 48 hours
www.abuselaw.co.uk
What laws do USA have?• Pennsylvania.
– Penalties• Misdemeanour of 3rd degree (a fine $250 to $5,000, or
imprisonment not exceeding 90 days, or both) and 2nd degree ($500 to $5000, 2years) – for repeat offences
• Previous to new Act (Jan 2013) a fine of $375– Defences – solicitor/client privilege, clergy confession
privilege, immunity from criminal or civil claim for reporters.
– Protection for whistle blowers– Child Death Rate -1.04 deaths per 1000,000 children
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What laws do USA have?
• Vermont– Who has a duty to report?
• Librarians, Clergy, pharmacists, and hospital interns
– Report to whom?• Specialist 24 hour hotline manned by social workers
then a fax to the Commissioner.
– In what circumstances?• If any person governed by this law has reasonable
cause to believe that any child has been abused or neglected shall report or cause a report to be made
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What laws to USA have?
• Vermont– Penalty
• A fine of not more than $500. • A person who violates the reporting laws with the intent to
conceal abuse or neglect of a child shall be imprisoned no more than 6 months, fined for no more than $1,000, or both.
– Defences – immunity for reporter from any civil or criminal liability, whistle blowing protection, anonymity (subject to exceptions) for reporter, clergy confessional.
– Child Death Rate - 3.17 deaths per 1000,000 children
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What laws do USA have?
• Florida– Who has a duty to report?
• Any person – certain professionals required to give name
– Report to whom?• Florida Abuse 24 hour Hotline of the Department of
Children and Families.
– In what circumstances?• any person who knows, or has reasonable cause to
suspect, that a child is abused, neglected, or abandoned by a parent, legal custodian, caregiver, or other person responsible for the child's welfare
www.abuselaw.co.uk
What laws do USA have?
• Florida– Penalty
• In 2012, the knowledge and wilful failure of a person, who is required to report known or suspected child abuse, abandonment, or neglect is elevated from a first degree misdemeanour to a third degree felony. As a result, the potential prison sentence is raised from 1 year to 5 years, and the potential fine is raised from a maximum of $1,000 to a maximum of $5,000 (reporting > by 25% as a result)
• Child Death Rate - 4.44 deaths per 1000,000 children (highest rate in USA)
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Conclusions
• Make mandatory reporting not just advisory but statutory.• Make it an offence punishable with a variety of penalties
not to report abuse.• Campaign MP’s for a change in the law.• Amend the Children’s & Families Bill or the Care Bill or
introduce bespoke legislation. • Introduce comprehensive training following the
implementation of the Legislation.• See handout with more detail of proposed legislation.• Lack of USA prosecutions is accounted for by time limit
problems – eg prosecutions in some states are time barred after 2 years.
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Sign the @MandateNow petition
Sign the petition to Rt Hon Michael Gove MP.
You can follow on Twitter at @Mandatenow
http://www.change.org/en-GB/petitions/educationgovuk-introduce-law-requiring-adults-working-with-children-to-report-alleged-abuse-mandatenow
