This page explains the law on child abuse, including the different forms of abuse and what to do if you are concerned about a child.
If you think a child is in immediate danger call the police on 999
or the NSPCC on 0808 800 5000
What is child abuse?
There are several different forms of child abuse which can cause significant harm to a child. This can include physical, emotional and sexual abuse as well as neglect.
If a child is deliberately hurt causing them physical harm, such as cuts, bruises, broken bones or other injuries, this would be considered a form of physical abuse.
Physical abuse can include hitting, shaking, throwing, poisoning, burning, drowning, suffocating or otherwise causing physical harm to a child.
It can also include fabricating symptoms of an illness or inducing an illness in a child.
Emotional or Psychological Abuse
Emotional or psychological abuse is the persistent emotional maltreatment or neglect of a child which causes severe and persistent adverse effects on the child’s emotional development. For example, it might be telling a child that they are worthless, unloved or inadequate or excluding them from activities, silencing them or being overprotective.
It can also include requiring a child to take on responsibilities which are not appropriate for their age. It can also include witnessing abuse.
Child sexual abuse involves persuading or forcing a child to take part in sexual activities, or encouraging a child to behave in sexually inappropriate ways. It includes child grooming, causing a child to witness sexual activity, sharing indecent images of children, paying for the sexual services of a child, and encouraging child prostitution or pornography.
Neglect is the persistent failure to meet a child’s basic and essential needs. It can occur during pregnancy as a result of maternal substance abuse. It can include a failure to provide adequate food, clothing and shelter, failure to protect a child from physical and emotional harm and failure to provide adequate medical care or treatment.
What can I do if I think a child is at risk of child abuse?
The police operate a national scheme known as Sarah’s Law or the Child sex offender disclosure scheme where anybody can formally ask the police whether a person who has contact with children has a record for child sex offences. The police can disclose this information to parents, carers or guardians if it would be in the child’s best interests to do so.
The information released must remain confidential and can only be used to safeguard children. The person receiving the information will be required to sign an undertaking agreeing to keeping the information confidential and legal action may be taken if this confidentiality is breached.
Am I under a duty to report child abuse?
There is no legal duty on an individual to report abuse. However, a person may be under a duty to report an abuse by virtue of their employment.
Some employers are under a duty to have a Child Protection Policy within their workplace which places a duty upon their employees to safeguard and promote the welfare of children; this includes reporting abuse to the relevant authorities. Bodies that are generally under this duty include Schools, colleges, health authorities and health trusts. Further information on this can be found in the Government guidance: Working Together to Safeguard Children 2015.
Some employers are under a duty to have a Child Protection Policy within their workplace.
Will the parents know that I have phoned Children’s Services about their child and will I know what Children’s Services decide to do?
The name of the person reporting the abuse will not be released to the parents or to anyone else, apart from those responsible for investigating the allegation. When informing Children’s Services about any possible abuse, it is usually a good idea to provide your name and address, but you can remain anonymous if you wish. It is very unlikely that Children’s Services will provide further information to the person who disclosed the alleged abuse to them. If Children’s Services do provide further information, it could amount to a breach of confidentiality.
If you are a parent (and have Parental Responsibility) of the child(ren) about whom you reported as suffering abuse, by virtue of your position and involvement in their lives, you may be kept informed of what action is being taken by Children’s Services. Children’s Services should not disclose who reported abuse if the disclosure was made by an individual.
The NSPCC can make referrals to Children’s Services if there are concerns for a child. This can be done anonymously; Children’s Services will then determine whether further assessment and/or action needs to be taken.
Concerns can also be raised with the police who can make a referral to Children’s Services.
For information on what happens if concerns are reported to Children’s Services, please see our page on Child Protection – Referral, assessment and outcomes. For more information on the types of orders Children’s Services can get to protect a child see our page Child protection – Care proceedings and emergency orders.
What should I do if I know a child is at risk of harm but Children’s Services will not investigate?
If a person is sure that a child is at risk but Children’s Services will not act further, then that person can:
- Remind Children’s Services of their duty to act in such situations
- Make a complaint to the Children’s Director of the Children’s Services department
- Contact the NSPCC and ask them to make a referral
- Report the family again to Children’s Services.
If Children’s Services suspect my child has been abused, and come to see me, do I have to speak to them?
A parent does not have to speak to Children’s Services, but it is important to be co-operative. If a parent refuses to cooperate with Children’s Services, they are likely to take further action. If a referral about suspected abuse has been made, Children’s Services cannot ignore the allegations. They must ensure that the child is safe and is not suffering significant harm.
If Children’s Services want my child to have a medical examination, do I have to agree?
Children’s Services cannot insist that a child has a medical examination without a Court Order or parental consent. If a parent is not happy about Children’s Services taking their child to a doctor, it is possible to arrange for their own GP to conduct a medical examination. It is recommended that the parent agrees to cooperate with a medical examination as refusal could lead to proceedings in court.
For further information please see our pages on Child Protection – Referral, assessment and outcomes and on Child Protection Case Conferences and Child Protection Plans.
For additional information on the types of orders Children’s Services can get to protect a child, see our page Child protection – proceedings and orders.
If you wish to initiate a complaint against Children’s Services, detailed information can be found in our How-to Guide. (Please note that a fee is charged for this service).