username

password

New Court ChambersDNA Legal1 Garden Court2-3 Hind CourtCoram Chambers14 Gray's Inn Chambers advertimage of 1 KBW logoimage of 4 Paper Buildings logoGarden Courtsite by Zehuti

NSPCC applauds closure of loophole in child protection legislation

Domestic Violence, Crime and Victims (Amendment) Act 2012 comes into force on Monday, 2 July 2012

The Domestic Violence, Crime and Victims (Amendment) Act 2012 comes into force on Monday, 2 July 2012.

Section 1 amends section 5 of the 2004 Act so as to extend the offence in section 5 of causing or allowing the death of a child or vulnerable adult  to cover cases where the child or vulnerable adult suffers serious physical harm but not death. For the most part it does this by inserting references to "serious physical harm" at appropriate places in section 5.

The same conditions which apply in the case of causing or allowing the death of a child or vulnerable adult as set out in section 5 of the 2004 Act will therefore also apply for causing or allowing serious physical harm.

Andrew Flanagan, Chief Executive of the NSPCC, said:

"This change in the law is a real victory for children and has the potential to bring many more child abusers to justice.

"We have campaigned for years to close this legal loophole so are delighted that after successfully changing the law in cases where children were killed this has finally been extended to also include those seriously injured.  Now adults can no longer inflict horrific injuries on children and get away with it by staying silent or blaming each other.

"This new legislation provides a protective shield for children because those intending to harm them will know there is no longer an unpalatable legal 'get out'.

"Sir Paul Beresford MP and Lord Laming who championed this cause are to be congratulated as is the Government for their commitment to making vulnerable children safer."