Accusations of child neglect can lead to involvement from children’s social care, the police or both, which can be extremely disruptive for families. However, a concern about the care a child is receiving does not automatically mean that a parent or carer has committed a criminal offence, nor even that negligence has occurred.

Government safeguarding guidance defines neglect as the persistent failure to meet a child’s basic physical or psychological needs where this is likely to seriously impair their health or development. This can include failing to provide adequate food, supervision or medical care, or failing to protect a child from physical and emotional harm.

If you have been accused of neglect, it is important to understand exactly what is being investigated. A social services assessment, child protection proceedings and a criminal allegation involve different legal tests and can have very different consequences. Here, the child neglect solicitors at Tyler Hoffman explain what child neglect means in law, how allegations are investigated and what can happen if social services or the police become involved.

What is considered child neglect?

Neglect is generally about a failure to meet a child’s needs. There is no single legal definition, but under current safeguarding guidance, neglect may include a parent or carer failing to:

• Provide adequate food, clothing or shelter
• Protect a child from physical or emotional harm or danger
• Provide adequate supervision or make sure suitable carers are used
• Make sure the child receives appropriate medical care or treatment
• Meet the child’s basic emotional needs

Neglect can therefore take different forms. Physical neglect concerns the inadequate provision of food, clothing, housing or supervision. Medical neglect involves a failure to obtain appropriate medical care when a child needs it. Emotional neglect refers to the persistent failure to meet a child’s emotional needs in a way that affects their development.

The word “persistent” is important in the safeguarding definition. Not every parenting mistake, missed appointment or period of difficulty will amount to neglect. The authorities should consider the child’s individual needs, the care they have actually received, how long any problems have continued and the effects on the child’s health or development.

With that said, even a single serious incident can lead to an allegation of neglect. An immediate risk to a child can still lead to urgent safeguarding action. Local authorities will assess the circumstances as a whole.

Is child neglect the same as child abuse?

Neglect is recognised as a form of child abuse, alongside several other forms of abuse.

Physical abuse usually involves causing physical harm. Emotional abuse involves persistent emotional maltreatment. Sexual abuse concerns sexual activity or exploitation involving a child. Neglect, which is generally concerned with a failure to provide the care, protection or support a child needs, may seem less severe than these other forms of harm but it is treated equally seriously under the law.

These categories can also overlap. For example, a child protection concern may involve both neglect and allegations of physical or emotional abuse.

The Crown Prosecution Service treats child cruelty, including neglect, as a form of child abuse for criminal case-management purposes.

Does an allegation of neglect mean a child has suffered significant harm?

An allegation of neglect and a finding of significant harm are not the same thing.

Significant harm is an important concept under the Children Act 1989. If a local authority has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, section 47 requires it to make the enquiries it considers necessary to decide whether action is needed to safeguard or promote the child’s welfare.

“Harm” under the Children Act includes ill-treatment and impairment of a child’s health or development. Health includes physical and mental health, while development includes physical, intellectual, emotional, social and behavioural development.

A referral therefore starts a process of finding out what has happened and may result in a finding of significant harm in serious cases.

How does a child neglect investigation start?

A child protection concern can come to the attention of children’s social care bodies in many ways.

A school may become concerned about a child’s appearance, behaviour or attendance. A doctor or hospital may identify escalating health concerns or missed treatment. Police could raise concerns following an incident at home. Information might also come from another family member, neighbour or professional working with the child.

Children’s social care will then consider the information and decide what response is required.
Not every referral results in a section 47 investigation. Depending on the circumstances, a family may instead be offered support or assessed to establish what the child and family need. Where there is reasonable cause to suspect significant harm, the local authority has the statutory duty to make further enquiries.

If you are contacted about allegations concerning your child, we strongly advise you to get legal advice at an early stage. The solicitors at Tyler Hoffman will establish what process is taking place and exactly what concerns have been raised, before guiding you on the next steps to take.

How do social services investigate allegations of child neglect?

There is no single investigation that looks identical in every case. The steps taken will depend on the concerns, the age and needs of the child and whether there is believed to be any immediate danger.

Children’s social care authorities may speak to you, the child and other people involved in the child’s life. This can include teachers, doctors and other professionals. A social worker may visit the family home and consider the child’s physical health, emotional wellbeing, development and day-to-day care.

The assessment may look at issues such as:

• Whether the child has adequate food, clothing and suitable living conditions
• The level of supervision being provided
• Attendance at school and medical appointments
• Whether medical treatment has been sought where necessary
• The child’s behaviour and development
• Any previous safeguarding concerns
• Statements from parents, carers and professionals
• The effect of wider family circumstances on the child

Where section 47 applies, children’s social care workers under the local authority normally lead the enquiries, working with other organisations where appropriate. Current statutory guidance places particular emphasis on multi-agency working between local authorities, police and health services.

If concerns remain after the investigation, an initial child protection conference may be held. In cases where professionals decide that continuing protection is required, the child can become subject to a child protection plan setting out what needs to change and what support or intervention will be provided. The plan is then reviewed.

Can social services take your child away because of neglect allegations?

A neglect allegation does not, by itself, mean that the local authority can permanently remove your child.

If the local authority believes that the concerns are sufficiently serious, it may consider applying to the Family Court for a care order or supervision order. For the court to make one of these orders under section 31 of the Children Act 1989, it must be satisfied that the child is suffering, or is likely to suffer, significant harm and that the statutory threshold is met.

If a child is believed to be in immediate danger, urgent protective measures can also be considered. What happens will depend on the circumstances.

Where a child protection process is moving towards pre-proceedings or a court application, our child care proceedings solicitors will advise you on the local authority’s concerns, attend relevant meetings and represent you if proceedings are issued.

Getting legal advice before the case reaches court is particularly important. It gives you an opportunity to understand what changes the local authority is asking for, challenge information you believe is wrong and respond properly to the evidence being gathered.

When does child neglect become a criminal offence?

The safeguarding definition of child neglect is not itself the test for whether someone has committed a criminal offence.

Section 1 of the Children and Young Persons Act 1933 creates the offence commonly referred to as child cruelty. It applies where a person aged 16 or over who has responsibility for a child under 16 wilfully assaults, ill-treats, neglects, abandons or exposes the child, or causes this to happen, in a way likely to cause unnecessary suffering or injury to the child’s health. The legislation covers both physical and psychological injury.

The law also specifically deals with failures to provide adequate food, clothing, medical aid or lodging in certain circumstances.

For a criminal case, the prosecution has to prove the elements of the offence. It is not enough simply to point to the fact that social services have raised concerns.

The requirement that the conduct was wilful is particularly important. This means that the prosecution must prove that the conduct in question can be classed as intentional or reckless.

A criminal investigation therefore needs to examine what happened, what the parent or carer knew, what they did or failed to do and whether the evidence satisfies the criminal test.

Our child neglect solicitors can advise you where safeguarding concerns have developed into allegations of child cruelty or neglect.

How do the police investigate suspected child neglect?

Police may become involved from the beginning or later as information emerges during a social services investigation.

Because safeguarding agencies work together, information gathered by children’s social care, schools or healthcare professionals can become relevant to a criminal investigation. Police may also obtain their own evidence.

Depending on the allegation, this could include medical and school records, photographs, messages, accounts from family members or professionals, evidence about conditions in the home and information about the care the child received.

Police may also interview the parent or carer under caution.

The evidence still needs to be considered in context. For example, evidence that a medical appointment was missed does not on its own establish why it was missed, who was responsible or whether there was wilful neglect. The same applies to concerns about supervision, living conditions or other aspects of family life.

If the police ask you to attend an interview about child neglect, obtain legal advice before answering questions. What you say in the interview forms part of the evidence in the investigation.
If you are facing this situation, or believe allegations may develop into a criminal matter, contact Tyler Hoffman's criminal defence solicitors as soon as possible. We will advise on your position, and examine the case against you so we can create a strong defence strategy should criminal proceedings follow.

Can family difficulties contribute to allegations of neglect?

Yes. Neglect investigations do not take place in isolation from the circumstances in which a family is living.

Concerns may arise where there are financial or housing problems, physical or mental health difficulties, domestic abuse, substance misuse or inadequate support for a parent or carer.

These issues do not automatically mean that neglect has occurred, nor do they automatically provide a defence where a child has not received necessary care. They can, however, be highly relevant to understanding what happened and what support the family may need.

Current safeguarding guidance specifically recognises that practitioners should be sensitive to economic and social circumstances and other factors that can affect children and families’ lives.

For someone accused of neglect, this wider context can also be important when correcting assumptions about why particular events occurred.