Good ethical and legal practice in suspected child abuse
The crucial issue for doctors is
the safety of the child and this overrides considerations such as
confidentiality.
·
Reporting: as soon as abuse is suspected it
is important to share this information
with other clinicians and social services and police.
·
Parents and carers have parental responsibility for
their children. Share your concerns
and course of action with them as far as is safe for the child.
·
Crown
prosecution service decides whether to bring a criminal case.
·
Burden
of proof needed is ‘beyond all reasonable doubt’.
·
No
hearsay evidence is permissible.
·
Magistrates
Court or Crown Court.
·
Burden
of proof needed is ‘on balance of probability’.
·
Magistrates
Court, County Court, or High Court.
·
Divorce
and other civil matters included as well as child abuse.
·
Application: by the police in case of emergency.
·
Duration: maximum 72hr.
·
Child
removed to suitable accommodation or prevention of removal from a current
location of safety (e.g. hospital ward).
· Duration:
8 days, but can be extended for a
period of 7 days on one occasion
only.
· Application:
by anyone but usually by social
services.
·
Implemented
when parents are uncooperative. In practice little used and not if there are
grounds for an emergency protection order.
·
Duration: 7 days.
·
Application: by an authorized person, usually
the local authority.
·
Duration: maximum 8wks.
·
Application: by the local authority usually (or
NSPCC).
·
Gives
parental responsibility to the local authority (i.e. social services).
·
Duration: 12mths in the first instance.
·
Application: by social services or NSPCC.
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