child abuse and the law

[jwallum]

im prepairing an essay on alleged chiled abuse for my counselling course, and i need to know if a child or child abuser opens up and admits to being abused or abusing a child and i dont report it, how do i stand with the law if it comes out in the open that i knew. i know as a person i would report it, but for the sake of an arguement in an essay, i need to know where i or another person would stand with the law.

[bednobs]

my understanding has always been that when you are setting the ground rules for the sessions witht he clients, you would inform them that if anything illegal was revealed you would have a duty to report it (after telling them)

[jwallum]

thank for that, i know that and would agree, but if a child doesnt want it to be reported (and there could be many reasons for this), and a child has a right like everyone else, how would the counsellor or person stand with the law.
ok so we say a child states they are being abused, does that mean the child doesn't have the rights to choose if its reported or not. should they be forced to report it, or could you be a person they could just talk to and try and help them make their own mind up in reporting it. (which at the end of the day reporting it is right) but shouldn't they have the right to report it if and when they are ready. same again to an abuser. at the end of the day if they knew you were going to report them then they wouldn't tell you. so how could you help them in stopping, and getting the help they really need. i don't for 1 moment agree with these people that do these things to children or anybody else come to think of it, but i need to have an arguement for my essay. does that make sence.... thanks

[factor-fiction]

If you are employed in a relevant profession (social worker, teacher etc) you MUST report it to a designated person with child protection responsibilities, You must never promise not to pass the info on. I'm not sure where you stand at law but you have a professional duty to report it and are in breach of your contract if you don't.

[saxy_jag]

I used to temp for our Social Services dept, in various 'adult' sections. Another, younger temp was chatting with a social worker and me one day about a situation she knew of, where a grandfather regularly slapped a particular child as discipline. The social worker said that she was now duty bound to report the case to the relevant team, as it's legally required of her as a social worker where she knows a child is being harmed or is at risk of harm. If she didn't do anything and the child was harmed as a result, then she could have a negligence charge brought against her.

Can I just say how nicely this question has been put. Just goes to show it is possible to post a homework/assignment question on here politely, in a way that makes sense and not just the essay title slapped in front of us verbatim with the expectation of it being answered.

Good luck with the assignment, jwallum.

[jwallum]

thanks for that answer, i know that different agencies have different policies on the way they work, and anything that is a cause of concern for the danger to themselves or others should be reported. and i agree their policies should be followed. but how does this affect a counsellor whom doesnt work for an agency. or just a member of joe public.
look forward to more replies....

[cassa333]

As just a member of public if one of my childrens friends told me they were being abused I would in the first instance, if it was appropriate, talk to thier parents. Failing that I would seek advice from the school or my sister (she is ex police) or I would go straight to the police.

If a child opens up to you they want you to do something. Regardless of them saying 'don't say anything'. They want you to help but they don't know how to get the help... that is what you are for.

Although legaly I think joe public doesn't have to go to the police/social services they do have a moral obligation to help keep children safe so should be obliged to report all instances of abuse.

[Rosetta]

As a counsellor you would have to report it to the relevant authorities as you also have a duty of care. As an individual you may not be in a position to gain all the information or to make an assessment of the risk to that child, or even to others in the family where most abuse occurs. Although the system does have its failures , it has been established over a number of years to offer the best way of protecting the child. It is also there to help the child through the process

I would also like to reiterate saxy-jags comment about the phrasing of a hypothetical essay topic. Rather than just being a lazy easy option it has been presented in a way that facilitates thoughtful debate. Well done and good luck with your essay.

Its a misconception that the authorities go in in every case with a very heavy handed approach straight away. Its often a lot more complicated than that.

Allegations of abuse are always difficult. But the bottom line is that it should be reported as you as an individual are not in a position to make that decision or responsibility on your own. If it went wrong the best you could hope for would be a very uncomfortable time in court.

[Ethel]

This article is American, but does discuss the topic of confidentiality very well:
http://findarticles.com/p/articles/mi_m0KOC/is _1_6/ai_93700936

[jwallum]

hello all,
thank you very much to everyone that replied. i have just received and email back from yest yourshire police. if you would like to read and find out more then here it is.
thanks again for replying...

John
There is no legal obligation to report a crime.
You may have to sign a confidentiality agreement for some jobs.
Please note that this is different to privileged communication between
doctor / patient or lawyer / client
Please see the following
https://www.askthe.police.uk/content/Q514.htm

http://legal-dictionary.thefreedictionary.com/ Privileged+Communication

http://legal-dictionary.thefreedictionary.com/ confidentiality

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