HC Deb 22 November 1973 vol 864 cc485-6W
Mr. Ashley

asked the Secretary of State for the Home Department if he will request magistrates to consider the medical, social and sociological grounds of suspicion in cases of child abuse.

Mr. Carlisle

Where care proceedings are brought under Part I of the Children and Young Persons Act 1969—whether on grounds of alleged neglect or ill-treatment of the child or otherwise—the local authority has a statutory duty to make investigations and to provide the juvenile court with information on the child's home background, school record, health and character. The Juvenile Court Rules require the court to take this information into consideration, to enable it to deal with the case in the child's best interests.

A magistrates' court, before which a parent charged with neglecting or assaulting a child may appear, has power to call for medical and social reports on the accused. In addition, medical evidence and evidence on home conditions are likely to be placed before the court by the prosecution.

Mr. Ashley

asked the Secretary of State for the Home Department if he will seek powers to give authority to juvenile court magistrates to request psychiatric reports and to recommend that parents attend a treatment centre wherever appropriate.

Mr. Carlisle

Under Section 9 of the Children and Young Persons Act 1969, juvenile courts are provided with information about a child's home surroundings as well as his character, health and school record; they therefore have information available to them about the quality of parental care. My right hon. Friend does not think that it would be right to give juvenile courts jurisdiction over adults or to empower them to request psychiatric reports on, or recommend treatment for, persons who have not been brought before them by due process of law.

Mr. Ashley

asked the Secretary of State for the Home Department how many parents have been accused of murder or manslaughter of their children in each of the past three years; and how many were found guilty.

Mr. Carlisle

The numbers of parents proceeded against for the murder or manslaughter of their children—aged under 17—recorded in 1970, 1971 and 1972 were 62, 83 and 85 respectively; of these the numbers found guilty of murder or manslaughter were 42, 57 and 59 respectively.

Mr. Ashley

asked the Secretary of State for the Home Department if he will request magistrates to avoid any delay in hearing cases of child abuse.

Mr. Carlisle

I have no reason to think that magistrates are not already fully aware of the importance of avoiding delay in cases where there may be danger to a child, but if the hon. Member wishes to draw any instances of delay to my attention I shall be glad to consider the matter further.

Mr. Ashley

asked the Secretary of State for the Home Department if he will ask the Criminal Law Revision Committee to reconsider the law and legal procedures for cases of child abuse.

Mr. Carlisle

No. However, the Criminal Law Revision Committee is already reviewing the law on offences against the person generally, and if the hon. Member has specific suggestions relevant to that review perhaps he will let me know.

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