‘Cinderella law’

The NSPCC recently released figures demonstrating the number of child emotional abuse cases referred to the police to have increased by 47% last year. Last year the NSPCC received around 8,000 calls about non-physical cruelty, with 5,354 considered serious enough to require further enquiries.

The increase in NSPCC referrals coincides with government’s consideration to significantly widen the scope of neglect in the context of child abuse law to make emotional abuse of a child a criminal offence for parents and carers. However the proposals are not proceeding without opposition.

The proposed changes

The incentive for reform was sparked by a campaign by Action for Children, which was backed by Conservative MP Robert Buckland.

If the proposed ‘Cinderella law’ (named following Robert Buckland’s comments that under the current law on child abuse; ‘The Wicked Stepmother would have got away scot-free’) is enacted it will become a criminal offence for parents or carers to harm a child’s ‘physical, intellectual, emotional, social or behavioural development.’ The maximum sentence for this offence would be 10 years imprisonment.

This is a significant development from the current law under the Children and Young Person’s Act 1933, under which it is an offence under criminal law for parents to ‘wilfully neglect to provide adequate food, clothing, medical aid or lodging’ for a child.

Initial reactions

The proposals have received a mixed reception. The head of the child protection operations at the NSPCC, John Cameron, has stated that the introduction of the reforms would be a positive step forwards.

However, many are questioning whether the scope of the new criminal law proposals is too wide given the protection already in place under the civil law. The civil law already deals with the issue of emotional abuse since emotional neglect forms part of the definition of ‘harm’ under the Children Act 1989.

While those opposing the reform would not contest that all children deserve the best possible upbringing, some high profile MPs and members of charitable organisations argue that the proposals reflect government intervention going a step too far. Some question whether parents and carers should face the risk of criminal liability due to, for example, placing pressure on a child to outperform their targets at school or failing to stimulate a child. Jack Hart of the Freedom Association states; ‘This so-called Cinderella Law is yet another example of the State stepping in to criminalise parents where in fact education would be a far more powerful tool for combating harmful behaviour... Simply introducing swathes of new and hard-to-police legislation does not guarantee the right results. There should be a focus on helping parents who are having serious problems, not a rush to criminalise them.’

One of the key issues which will arise if the key proposals are approved is how to define the parameters of the offence. While physical harm is quantifiable and observable, emotional abuse requires a more subjective (and therefore more unpredictable) approach.

For Thackray Williams Solicitor, Anne Francis’ comments on the proposals see her blog, "Cinderella Law–Emotional Neglect of Children is no fairytale. But is this a step too far?"

For further advice about family law please contact Paul Antoniou.