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Protection
Appendix A
DEFINITIONS OF CHILD ABUSE
The following definition is taken from the Avon Joint Child
Protection Committee Handbook:
"An abused child is a boy or
girl under the age of 18 years, who has suffered from, or is
believed to be as significant risk of neglect, physical injury,
emotional abuse or sexual abuse.
Any adult who has a position of
trust or authority with respect to the child may perpetrate child
abuse. These adults may be the parents or carers of the child, or
any other person known to the child or family, who may have contact
with the child. A child may also be the victim of abuse where the
abuser is another child.
Child abuse may be the result of
direct acts towards the child by any of those mentioned above, or
by the failure of those who have responsibility for the child, to
provide reasonable care or both."
CATEGORIES OF CHILD ABUSE
Neglect
This is the persistent or severe neglect of a child, or the
failure to protect a child from exposure to any kind of danger,
including cold and starvation, or extreme failure to carry out
important aspects of care. Thus resulting in the significant
impairment of the child’s health or development, including
non-organic failure to thrive.
Physical
Injury
This is the actual or likely physical injury to a child, or
failure to prevent physical injury (or suffering) to a child,
including deliberate poisoning, suffocation or Munchausen’s
Syndrome by Proxy.
Sexual Abuse
This is actual or likely sexual exploitation of a child or
adolescent.
Standing Conference on Child Sexual
Abuse (1984) – ‘Working Definitions’.
"Any child below the age of
consent may be deemed to have been sexually abused, when a sexually
mature person has by design or by neglect of their usual societal
or specific responsibilities in relation to the child, engaged or
permitted the engagement of the child in any activity of a sexual
nature, which is intended to lead to the sexual gratification of
the sexually mature person. This definition pertains whether or not
this activity involves explicit coercion by an means, whether or
not in involves genital or physical contact, whether or not
initiated by the child, and whether or not there is any discernible
harmful outcome in the short term."
Emotional Abuse
Emotional abuse is the likely severe adverse effect on the
emotional and behavioural development of a child caused by
persistent or severe emotional ill treatment or rejection. All
abuse involves some emotional ill treatment. This category is used
when it is the main or sole form of abuse, i.e. parents who are
high in criticism and low in warmth.
Munchausen’s Syndrome by
Proxy
This is a condition where the parent induces or fabricates
symptoms and illness including injury and poisoning, in a child to
gain attention from the medical profession and others. When the
adult and child are separated, the illness ceases.
Implications of the Gillick
Judgement
In accordance with the Children Act 1989
include recognises that the young person’s welfare
is paramount and will act in that young person’s best
interests.
The law is ambiguous regarding the
position of a worker or agency if a service is given without
parental consent. It is generally thought that the judgement is
generally supportive of agencies seeking to support young people,
especially as it recognises that parental responsibility diminishes
as the child acquires sufficient understanding to make his/her own
decisions in relation to sexual activity and medical treatment.
However, the position remains uncertain as the ruling repeatedly
refers to ‘clinical judgement’. It could be interpreted to have
delegated contraceptive decisions to medical personnel. Thus the
legal position for a non-medical agency responding to a young
person’s request for support with a drug or sexual health issue is
still unclear.
The Following Guidelines
are Incorporated Within the Judgement:
- Each individual case needs to be assessed on the basis of the
young person’s ability to receive and understand information or
advice relating to their particular problem.
- Young people must be encouraged to tell their parents of their
decision to seek advice, information or treatment.
- If they are unwilling to do the above, the member of staff must
be satisfied that it is in the young person’s best interests to
receive advice, information or treatment without parental consent,
but this must be notified to, and discussed with the PGM, who may
seek outside professional advice.
The member of staff needs to be satisfied that withholding the
service would be detrimental to that young person’s physical,
emotional or psychological well-being.