Criminalising
people who fail to report suspicions of child abuse will poison social relations
By FRANK FUREDI
People often
respond to events that distress or shock them with the statement ‘it should be
a crime’. My grandma, for instance, was convinced that extramarital affairs
should be a crime. In recent decades the phrase ‘it should be a crime’ has been
regularly repeated by a chorus of unofficial organisations zealously committed
to intensifying the policing of human behaviour. Like many a traditionalist
grandma, they enjoy converting their prejudices into policy advice. But
unfortunately, unlike my grandmother, these moral crusaders actually have the
power to influence public policy.
This week it was
the turn of Keir Starmer, the former director of public prosecutions (DPP), to
issue the call, ‘it should be a crime’. Speaking on the BBC’sPanorama programme,
he argued for the criminalisation of people who did not report suspected child
abuse. Panorama, which has come to embrace the reality-television
format, now serves as a powerful vehicle for the cultivation of moral outrage.
The influence of the show is demonstrated by the fact that its message
immediately becomes a major subject of discussion in the wider media.
Unlike many
demands for the criminalisation of behaviour, Starmer’s call for the mandatory
reporting of suspicions of child abuse does not aim to punish people for what
they have done. Its aim is to persecute certain professionals for something
they have not done, those, that is, who have failed to act in accordance with
the ethos of the current obsessive regime of child protection. The demand to
criminalise individuals who do not report their suspicions is justified on the
grounds that it will curb the activities of future Jimmy Saviles. ‘Without a
change in the law, there’ll be another Savile’, argued Starmer. (These days the
very mention of Jimmy Savile usually serves as a prelude to the demand that
something ‘should be a crime’.)
The
institutionalisation of the mandatory reporting of suspicions will do nothing
to help children preyed upon by paedophiles. After all, there is no shortage of
reporting such suspicions to a diverse range of institutions. Most social-work
professionals acknowledge that the child-protection system is already
overloaded with far more cases than it can properly handle. As matters stand,
the flood of such reports already means that it is difficult for authorities to
make important distinctions between the relatively trivial cases of neglect and
the really serious threats facing children. Moreover, those demanding the
mandatory reporting of suspicions overlook the fact that in the relevant
institutional setting, people already have a duty to report their suspicions.
As Professor Eileen Munro, a government adviser on child protection, noted,
‘the debate around mandatory reporting creates a misleading impression that
people don’t already have a duty to convey maltreatment if they have any
suspicion of it’.










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