Josie Appleton

Abuse of justice

Get ready for a flood of ill-founded allegations that will cause havoc at protection agencies

issue 25 June 2016

It’s easy to forget that laws are supposed to do something useful. Legislation is increasingly press-release law, which makes everyone feel good but causes havoc when applied to the real world.

Take the mad, bad idea about to go out for consultation: ‘mandatory reporting’ will make it a crime for child and health professionals to fail to report signs of child abuse to the local authority. This would allow David Cameron to be seen to make a stand against child abuse, and which politician doesn’t want that? But what a mess it will make.

Failure to report signs of abuse could be punishable by up to five years in prison. This raises the possibility that someone could be criminalised for their failure to report ‘abuse’ that was not in fact abuse. One proposal inserted the proviso that a person failing to report abuse should not get a heavier sentence than the one due to an actual abuser.

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