This is a disturbing case, which demonstrates how some parents use their own children to engineer a particular situation, and in some cases are prepared to make them seriously ill.  

One condition which has been reported in the family courts is Munchausen by Proxy, where the parent makes the child ill so as to gain attention for himself/herself. From the child’s point of view, their life is put at risk time and time again, until the authorities become aware and take action. In this case, samples of codeine and a painkiller, Tramadol were found in the child’s system.

The father had apparently met the mother on an online dating agency. The fact that their relationship began on the internet is not indicative of a child protection issue or indeed an indication that the mother in some way should have known about this man’s propensity to violence. The internet is simply another tool that male abusers to use, in order to target vulnerable women.

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1. Boy aged 12 is not the father of child
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The authorities are under strict legal constraints, given the fact that they themselves would have arranged new identities for the two boys who killed James Bulger. The long term plan would have been to rehabilitate the two back into the community. That process may still be ongoing, but very little is known about how the authorities dealt with these two children from 1993 onwards.

Normally in a criminal prosecution, the Defendant is identified from the outset unless the court makes an order banning the media from reporting their identity. 

There are a number of statutes that provide for protection against identification of children involved in any court proceedings. Section 39(1) of the Children and Young Persons Act 1933 provides protection for child defendants and witnesses in criminal proceedings. The court can direct that no newspaper may identify the child or publish photographs without leave of the court. 

Under section 12(1) of the Administration of Justice Act 1960 (as amended) the publication of information relating to proceedings under the Children Act 1989 or the High Court’s inherent jurisdiction over minors is a contempt of court. Section 4 of the Sexual Offences (Amendment) Act 1974 contains similar restrictions.  The court also has further powers restricting publication of court proceedings under section 4(2) of the Contempt of Court 1981 section 4(2).   

Section 71(1) of the Magistrates’ Courts Act 1980 states that it is a criminal offence to publicise other than limited details in relation to family proceedings and proceedings under the Adoption Act 1976. 

Section 97(2) of the Children Act 1989 provides:- 

“No person shall publish any material which is intended, or likely, to identify:- 

“(a) any child as being involved in any proceedings before the High Court, a county court or a magistrates court in which any power under this Act may be exercised by the court with respect to that or any other child; or 

(b) an address or school as being that of a child involved in any such proceedings.” 

Regulation 23 of the Family Proceedings Courts (Children Act 1989) Rule 1991 and Rule 4.23 of the Family Proceedings Rules 1991 restricts disclosure of care proceedings documents to certain persons.

However the mother of James Bulger has demanded answers. This is a sad feature of these cases. The relatives of those taken away from them, find any news story on the subject intensely distressing.

There is another point to be made. Those who live in the neighbourhood of James Bulger’s killer, would want to know if there was a risk to their children.

On the 8th February 2010, we reported on how a new “Sarah’s Law” was to be implemented across the country, allowing parents to know if their children might be at risk from a convicted abuser in the neighbourhood. See Link.

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The case is reported by Mr Justin Levinson of One Crown Office Row who represented the Claimant. 

This was a case involving a Claimant who was 23 years of age at the date of commencement of proceedings. She brought a civil claim against her former foster mother for physical and emotional abuse inflicted on her during her childhood.

G was taken into the care of Mrs Spry at the age of six as a foster daughter. This was a private fostering arrangement. Mrs Spry subjectd her to physical and emotional abuse, which included regular beatings with a metal bar, stamping on her throat, isolation from her parents, being made to eat rat and chidcen excrement, being made to crouch against walls for lengthy periods, being made to drink washing up liquid, sleep deprivation and being made to cook for the household from the age of 10. 

G was also taken away from school and given no schooling so by the time she left her foster mother, she was practically illiterate.

Eventually Mrs Spry was convicted of numerous counts of assault and child cruelty. She was sentenced to 12 years.

However by the time of the trial of her civil claim, the Claimant had acquired some qualifications and looked forward to qualifying as a veterinary nurse at the age of 28.

The judge was referred to two cases, Pierce v Doncaster MBC 2008 and MB v London Borough of Ealing 2008. He made an award for loss of earnings, but whilst he accepted that the Claimant’s career had been shortened as a result of its delayed commencement, there would have been about four years without earning in any event attributable to the fact that the Claimant was a single mother of a five year old girl. She would also have faced some difficulties insofar as she had been separated from her parents at an early age.

The Claimant was awarded as follows:-

General damages for pain, suffering and loss of amenity – £45,000

Aggravated damages (“punitive” damages on top of the above – £10,000

Five years loss of earnings as a veterinary nurse – £65,325

Future handicap on the labour market – £20,000

Cost of future therapy – £2000

Total award including interest – £146,518

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Leeds City Council officers explained the idea behind the change was to harness their resources more effectively in the wakes of cases such as Victoria Climbie and Baby P.

The government responded to the death of Baby P by announcing a national child protection review by Lord Laming, which was published in 2009. The local authority in Baby P’s case, Haringey, was the very same council that found itself at the centre of another child abuse scandal in 2000, after the death of Victoria Climbie.  It was therefore particularly pertinent that Lord Laming should now consider the effect of the reforms that he recommended in 2003.

In March 2009, Lord Laming published his “Progress Report.” One of the recommendations in his earlier report on Victoria Climbie was that child protection services should work together with other agencies.

This is nothing new. Working together under the Children Act 1989 (1991) HMSO an early guidance document published to inform social work  makes it plain that social workers should engage with other agencies and departments within a local authority in order to protect a child. In fact one of the most common area of concern in modern social work is the failure of agencies to communicate effectively and pass on crucial information.

Section 3 of Working Together to Safeguard Children sets out the roles and responsibilities of various agencies in relation to childcare. These agencies include local authorities and their social services departments, education authorities, independent schools, youth services, cultural and leisure services, health services, day care services, the police, youth justice, the probation and prison service and the private sector.

The 1989 “Working Together” has been updated and it remains a key document used by social workers. A revised version of Working Together to Safeguard Children is currently open for consultation on the Department for Children, Schools and Family consultations site. The consultation closes on 11 February 2010.

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On the 2nd February 2010, we referred to another BBC report, where a 19 year old man from the Midlands had been gaoled for making and distributing indecent images and inciting sexual assault on a child under 13. The man has been banned from working with children for life and placed on the Sex Offenders List. Apparently he was found in possession of a memory stick containing footage of a woman abusing her young child at his direction.

These kinds of crimes come under Sections 9 to 15 of the Sexual Offences Act 2003 which includes the offences  ofincluding causing or inciting a child to engage in sexual activity, arranging or facilitating commission of a child sex offence and meeting a child following sexual grooming. Indecent photography is covered later in the Act from Sections 45 onwards.

It is also conceivable that the abused child might well have a claim in assault against the convicted man, although much would depend on whether he had assets sufficient to cover any judgment. Alternatively she might have a claim to the Criminal Injuries Compensation Authority, although under Paragraph 8 of that scheme, the offence has to arise out of an “injury sustained in and directly attributable to an act occurring in Great Britain. Consequently such a claim might be in difficulties.

The writer has considered the issue of whether the Internet Service Provider might be liable. This area seems to have very little coverage. At present this woudl appear to be a very difficult claim, since obviously an ISP would argue that it had no control whatsoever on this kind of activity.

However should ISP’s monitor their own traffic?

See BBC News

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The baby was admitted to a Hampshire hospital at the age of five months, emaciated and suffering from serious injuries, including fractures and bruising. Apparently health visitors had not seen anything of concern despite checking on the child at least a week prior to his admission to hospital. He has been placed with foster carers.

Abuse of children by both parents is not uncommon. Prior to the Domestic Violence, Crime And Victims Act 2004 there were sometimes difficulties in prosecuting two parents, where both denied any abuse, but blamed the other. 

Section 5 of this Act creates a new offence of failing to protect a child or vulnerable adult.

A person is guilty of an offence if a child or vulnerable adult dies as a result of the unlawful act of a person who was a member of the same household and had frequent contact with him. There has to be a significant risk of serious physical harm being caused to the child or vulnerable adult, and either the Defendant is the person who caused the child/vulnerable adult’s death or D was or ought to have been aware of the risk, failed to take reasonable protective steps and the act occurred in circumstances that the Defendant ought to have foreseen.

What of the child’s rights to compensation? It is anticipated that the local authority (which will probably have taken out a care order over him) will submit a claim for compensation to the Criminal Injuries Compensation Authority.

A claim against social services looks very uncertain. It is not clear whether social workers had any involvement with this family prior to his birth. If there are concerns about a child’s welfare at birth in hospital, then the hospital itself may have social workers on standby to monitor the family. However it may practically speaking, be very difficult to spot deliberately caused injuries on a child and even more difficult to guard against a sudden sustained assault by one or both of the parents.  Social workers may rely on background information, so for instance if a mother of a new born baby takes up with a partner with a history of violent offending against children, then there may be grounds to act. However a full care order is not granted lightly, there has to be a risk of “significant harm”.

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The government report of 2003 can be found at www.victoria-climbie-inquiry.org.uk. 

More recently in March 2009, Lord Laming published his “Progress Report.” This is the government’s response to the shocking case of Baby P, as a result of which three people were convicted and sentenced to prison. So what does Lord Laming’s 2009 report hold for experts?  A number of recommendations were made but experts did come up as one issue of concern. Firstly Lord Laming said that the expertise of the professionals already involved with the child should be sufficient expertise and a national expert is rarely required to add weight to a case. Secondly Lord Laming also commented on what he perceived as an over cautious approach by professionals. He identified a tendency on the part of professionals towards justification and reassurance that all was well, rather than more objective consideration and investigation of what had occurred.

Now Lord Laming has spoken again about to strengthen child protection. Regrettably the tragic deaths of children at the hands of relatives, friends and strangers continue to make the news. Most recently we have the death of Khyra Ishaq who was starved to death by her mother and her mother’s partner.

In fact calls for action on child abuse and greater child protection have been a feature of the care system for decades. The deaths of Victoria Climbie, Peter Connelly (Baby P) and Khyra Ishaq are not isolated cases. It is thought that most local authorities deal with these kinds of cases, which do not always result in the death of the child. There are of course huge restrictions on reporting the abuse of children, which are in place to protect those children. Obviously where the child is dead, the reason for protecting their identity is less pressing. That in itself demonstrates the failure of the child protection system.  If society cannot protect the life of the child, it is even more unlikely to protect the name of the child. 

Where the case is serious, the local authority will generally commission a “Serious Case Review” in order to see what lessons can be learned. The Serious Case Review is then published in abridged and anonymised form.   A  Conservative spokesman on television recently said that a Conservative government would enable the publication of the whole of the Review. The writer does not think they will do that, it would mean the publication of the identities not only of the child or children but also parents, relatives, social workers all of whom have rights of privacy under the Human Rights Act 1998. Any kind of legislation would be wide open to legal challenge. As matters stand, it is difficult enough in a civil compensation claim to persuade a court to release the Serious Case Review. In the last such case, the writer had to undertake to the court to keep the Review in a locked safe at all times (which on reflection is not unreasonable).

Coming back to Lord Laming’s plea, these are words that need to be heard but one of the biggest problems with social care is the resources allocated to social workers to do their job. This is not a politically attractive subject. I fear we will see more such cases in the future.

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See BBC News for further details.

In the writer’s experience of civil claims involving child abuse, the Church of England has been less a Defendant than the Catholic Church, as the following cases show:-

G v Archbishop of Birmingham 2002

McDonnell v Christian Brothers 2003

A v Archbishop of Birmingham and Others 2005

Young v Catholic Care and Another 2005

C v D and Another 2006

AB and Others v Nugent Care Society and Others 2006

JK and P v Archbishop of Birmingham and Others 2008

MAGA v Trustees of the Birmingham Archdiocese 2009

Raggett v Society of Jesus 2009

Thompson v Archbishop of Liverpool 2009

It is also the writer’s experience that Church of England priests have appeared less in the criminal courts charged with the abuse of children, however this may be because the Catholic Church has traditionally assumed more responsibility for the care of children.

In any event, the investigation by the Church of England is to be welcomed. In relation to the Catholic Church, another problem may be that it is in effect an umbrella organisation for disparate organisations, such as Orders of monks and nuns, which in theory owe allegiance to the church but in reality are almost autonomous. There has also been a perception that the Catholic Church has had difficulty accepting the fact of abuse by those who work within the organisation.

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Whilst the Child Migrant Trust described the significance of the apology as immense and the suffering of children sent overseas is indeed tragic, one should not forget that child abuse within the United Kingdom has long been an issue. The following are examples.

• Disturbances at the Carlton Approved School on 29 and 30 August 1959 (Report of Inquiry by Mr Victor Durand QC January 1960, Cmnd.937) – this inquiry was set up to investigate Carlton Approved School after a series of incidents involving staff and pupils. It is a helpful summary of the practice in approved schools at the time.  
• Administration of Punishment at Court Lees Approved School (Report of Inquiry by Brian Gibbens QC, August 1967, Cmnd. 3367) – again this is an investigation into the use of corporal punishment at approved schools.  
• Report of the Committee of Inquiry into the Care and Supervision provided in relation to Maria Colwell (DHSS) 1974 
• Report into Child Abuse in Cleveland 1987 (Cm 412 London, HMSO, 1988) – this examined the arrangements for dealing with suspected cases of child abuse in Cleveland and to make recommendations.  
• The Inquiry into the Removal of Children from Orkney in February 1991 (London, HMSO, 1992) – this involved the actions taken by social services in relation to children in Orkneys arising out of abuse allegations.   
• The Pindown Experience and the Protection of Children : The Report of the Staffordshire Child Care Inquiry (Staffordshire County Council, 1991) – this was an investigation into children’s homes in Staffordshire.  
• The Leicestershire Inquiry 1992, Leicestershire Social Services 1993 - this inquiry examined the activities of Frank Beck, convicted of child abuse in a Leicestershire Children’s Home. Various Claimants v Leicestershire County Council (Potts J  2 April 1996, unreported) was the civil case that came out of this inquiry  
• Report of the Inquiry into the Management of Child Care in the London Borough of Islington, 1995 – this inquiry centred on allegations of staff misconduct and in appropriate treatment of children and young people in the case of Islington Council.  
• “People Like Us” – The Report of the Review of the Safeguards for Children Living Away from Home – Sir William Utting – the Department of Health and the Welsh Office (HMSO, 1997) 
• Report of the Tribunal of Inquiry into the Abuse of Children in Care in the Former County Council Areas of Gwynedd and Clwyd since 1974 (February 2000 HC 201) – this investigated the abuse of children in North Wales and covered the period 1974 to 1990.  

Local authority reports into individual cases  

• Jasmine Beckford, London Borough of Brent and Brent Health Authority, published December 1985
• Kimberley Carlile, London Borough of Greenwich and Greenwich Health Authority, published December 1987
• Tyra Henry – London Borough of Lambeth, published 1987
• The Victoria Climbié Inquiry – Report of an Inquiry by Lord Laming – January 2003 – www.victoria-climbie-inquiry.org.uk. 

 There is also the issue of compensation. Apologies are important but they do not necessarily lead to compensation. Any former child migrants making claims would probaly have to bring them in the jurisdictions where the abuse occurred, and there would huge limitation problems. As for the actual  decision to send these children overseas, it would very difficult to challenge that so long after the event. The Irish government dealt with the problem of historic child abuse by setting up a compensation fund, which is understood to have been relatively successful.  Here in the UK, the law does allow claims to be made many years after the event, but only in certain circumstances. See the case of A v Hoare 2008.

See BBC News

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2. KR and Others v Bryn Alyn Community (Holdings) Limited (In Liquidation) and Royal & Sun Alliance PLC [2003]

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