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Who am I?

Peter Garsden of

QualitySolicitors Abney Garsden

President of ACAL (Association of ChildAbuse Lawyers)

www.qualitysolicitors.com/abneygarsdenwww.abuselaw.co.uk

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What do I do? (1994 to date)

• Abuse Compensation cases against– Individuals– Institutions – > 25 Group Actions since 1994– The Church– Local Authorities for lack of care– Criminal Injuries Compensation Authority

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Mandatory Reporting

• USA Law since 1963• Varies from USA state to state• Some USA states oblige all adults, some

just professionals.• Penn State University & Florida Case• Australia since 1972• Many other countries including Ireland

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Statistics from USA states (50)

All persons

Most professionals

Parents Clergy

18 (36%)

50 (100%) 25 (50%) 40 (80%)

All states have a law requiring some adults to report abuse, and some make it an offence. There are 50 states.

Not reporting a crime

Enforcement Action

41 (82%) 25 (50%)

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What laws do USA have?

• Pennsylvania.– Who has a duty to report?

• Teachers/Principals, Doctors and Care Workers

– Report to whom?• Dedicated hotline “The Childline and Abuse Registry

Intake Unit”. The advisor discusses the next steps with the reporter

– In what circumstances?• Any suspicion of child abuse must be reported orally

immediately, and in writing within 48 hours

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What laws do USA have?• Pennsylvania.

– Penalties• Misdemeanour of 3rd degree (a fine $250 to $5,000, or

imprisonment not exceeding 90 days, or both) and 2nd degree ($500 to $5000, 2years) – for repeat offences

• Previous to new Act (Jan 2013) a fine of $375– Defences – solicitor/client privilege, clergy confession

privilege, immunity from criminal or civil claim for reporters.

– Protection for whistle blowers– Child Death Rate -1.04 deaths per 1000,000 children

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What laws do USA have?

• Vermont– Who has a duty to report?

• Librarians, Clergy, pharmacists, and hospital interns

– Report to whom?• Specialist 24 hour hotline manned by social workers

then a fax to the Commissioner.

– In what circumstances?• If any person governed by this law has reasonable

cause to believe that any child has been abused or neglected shall report or cause a report to be made

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What laws to USA have?

• Vermont– Penalty

• A fine of not more than $500. • A person who violates the reporting laws with the intent to

conceal abuse or neglect of a child shall be imprisoned no more than 6 months, fined for no more than $1,000, or both.

– Defences – immunity for reporter from any civil or criminal liability, whistle blowing protection, anonymity (subject to exceptions) for reporter, clergy confessional.

– Child Death Rate - 3.17 deaths per 1000,000 children

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What laws do USA have?

• Florida– Who has a duty to report?

• Any person – certain professionals required to give name

– Report to whom?• Florida Abuse 24 hour Hotline of the Department of

Children and Families.

– In what circumstances?• any person who knows, or has reasonable cause to

suspect, that a child is abused, neglected, or abandoned by a parent, legal custodian, caregiver, or other person responsible for the child's welfare

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What laws do USA have?

• Florida– Penalty

• In 2012, the knowledge and wilful failure of a person, who is required to report known or suspected child abuse, abandonment, or neglect is elevated from a first degree misdemeanour to a third degree felony. As a result, the potential prison sentence is raised from 1 year to 5 years, and the potential fine is raised from a maximum of $1,000 to a maximum of $5,000 (reporting > by 25% as a result)

• Child Death Rate - 4.44 deaths per 1000,000 children (highest rate in USA)

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Conclusions

• Make mandatory reporting not just advisory but statutory.• Make it an offence punishable with a variety of penalties

not to report abuse.• Campaign MP’s for a change in the law.• Amend the Children’s & Families Bill or the Care Bill or

introduce bespoke legislation. • Introduce comprehensive training following the

implementation of the Legislation.• See handout with more detail of proposed legislation.• Lack of USA prosecutions is accounted for by time limit

problems – eg prosecutions in some states are time barred after 2 years.

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Sign the @MandateNow petition

Sign the petition to Rt Hon Michael Gove MP.

You can follow on Twitter at @Mandatenow

http://www.change.org/en-GB/petitions/educationgovuk-introduce-law-requiring-adults-working-with-children-to-report-alleged-abuse-mandatenow