Parliamant, Legislation and Public Sector

Change to law means ‘no hiding place’ for abusers

Expert Witness picture of Sir Paul BeresfordExperts in the field of child and elder abuse have hailed new legislation which means people accused of seriously abusing children or vulnerable adults can no longer escape justice by staying silent or blaming someone else.

The Domestic Violence, Crime and Victims (Amendment) Act 2012 came into effect on 2 July and extends the offence of causing or allowing the death of a child or vulnerable adult to causing or allowing serious physical harm. Those found guilty face up to 10 years in prison.

The passing of the legislation is unusual in that it began as a Private Member's Bill introduced by Sir Paul Beresford (pictured), Conservative MP for Mole Valley, which the Government backed to ensure it became law.

Justice Secretary Kenneth Clarke said: "By making sure this Bill became law we have taken the opportunity to close a terrible loophole which has, until now, allowed people accused of seriously harming a child or vulnerable adult to escape unpunished.

"We want to do everything possible to ensure that the most vulnerable members of our society are kept safe in their homes, and those that abuse their power do not evade justice."

Sir Paul Beresford added: "After spending time with the Metropolitan Police I realised there were loopholes in the law that the Government could close to protect children and vulnerable adults.

"This new legislation will ensure that fewer cases of abuse slip through the net and is another safeguard to protect some of the most vulnerable members of our society."

In a statement announcing the change to the law, the Justice Ministry quoted Crown Prosecution Service (CPS) data on cases where children were seriously harmed but no successful prosecution could be brought. They include those of a five-month-old baby who suffered a brain haemorrhage and fractured skull and of a two-week-old with a broken collar bone, ribs and leg.

The NSPCC's chief executive Andrew Flanagan said of the change: "We have campaigned for years to close this legal loophole, so are delighted that after successfully changing the law in cases where children were killed this has finally been extended to also include those seriously injured. Now adults can no longer inflict horrific injuries on children and get away with it by staying silent or blaming each other.

"This new legislation provides a protective shield for children because those intending to harm them will know there is no longer an unpalatable legal 'get out'."

Gary FitzGerald, chief executive of Action on Elder Abuse, added that organisation's support for the measure: "The government is to be strongly congratulated for closing this loophole which has allowed too many people to escape the justice they deserve," he said. "Older people can be very vulnerable to abuse by those who claim to care, and it was clearly wrong that prosecutions could not be pursued unless the victim actually died. We have raised these concerns for several years and it was an issue also addressed by the Law Commission review of Social Care legislation.

"The message needs to be clear: if you harm a vulnerable adult – or stand back and let it happen – there will be consequences."

Mr Fitzgerald has given witness statements to a number of Government and Parliamentary inquiries, including one into the Care Quality Commission by the Commons Public Accounts Committee and another by the Commission on Assisted Dying. In May he won the award for 'Outstanding Contribution to Social Care' at the Great British Care Awards.