Is A Parent Automatically Jailed For Beating A Child?

[naomi24]

An acquaintance has a daughter who has two children from two different fathers, neither of whom are now with the family. Both children are badly behaved, the elder having been suspended from school more than once. The boy has now told his teachers that his mother beats him. Subsequently the police and social services have become involved and both children removed from their mother’s care. Bearing in mind the child’s history I don’t know if he is telling the truth or not, but my question is will the mother be prosecuted and if so, if found guilty, will she be facing a jail sentence?

[ummmm]

She didn't have any meetings previously with SS or the police?

[Sqad]

The "SS?"..........blimey it must be serious.

[naomi24]

I don't know but I would guess the family is known to social services, ummmm.

[Sqad]

https://en.wikipedia.org/wiki/Schutzstaffel

Just for the younger generation of AB

[ummmm]

Hey Sqad, this isn't CB ;-)

Naomi - so you don't know if or how many meetings she's had?

I'd be a bit wary with the police being involved. Social services do try and deal with minor issues themselves.

[JF85]

Social workers are not authorised to nake decisions on prosecutions. If a child alleges assault, the police will be informed by the school.

To answer the question, though. There are very few charges that carry automatic sentences. Since your 'acquaintance' has not suggested the child was hospitalised or seen with extensive injuries, there is no reason to speculate on prison time. Or even to speculate on someone else's private family life.

[10ClarionSt]

And I've no doubt the useless NSPCC will try and muscle in on it and say how wonderful they are in helping children. However, the SS will always try and keep the family together and will provide advice and care to try and achieve that. I personally would think a prison sentence is unlikely after subsequent reports from the social services.

[naomi24]

I have no idea if she's had 'meetings' with social services but I imagine the family is known to them. I might be wrong on that. The police are involved in this, ummmm.

[naomi24]

JF85, my question is if she's prosecuted and found guilty will she receive a custodial sentence? If you don't know, just say you don't know.

10ClarionSt, the family has been split. The children have been removed from her care.

[ummmm]

JF has a point though. For a prosecution they'd need proof.

[naomi24]

That's a given, ummmm. They wouldn't prosecute otherwise. I'm looking at the worst scenario - that she's guilty - and asking if a custodial sentence would be likely.

[JF85]

"If you don't know, just say you don't know."

So you have asked the question in the full confidence that somebody can guarantee no over-zealous police officer, malicious CPS lawyer, spiteful judge or unsympathetic jury will be involved at any stage?

Do you not read the daily comments on here and elsewhere about seemingly insane decisions by courts in all their forms? Have you never noticed apparent, or proven, miscarriages of justice? Has no such story ever come to your attention?

I will say it again. If the child was not hospitalised or seen with obvious and significant injuries, there is no point in even thinking about prison. It would be like betting on the cricket World Cup being won in yesterday's circumstances: extraordinarily unlikely, but only a fool would promise it could never happen.

[ummmm]

I think that would depend on the injuries (if there were any) if not she might be sent on parenting classes, children could be sent for counselling etc etc. Unlikely she'd get a custodial for just smacking them.

[naomi24]

JF85, //Do you not read the daily comments on here ..//

I do - yours included - but I don't think you've read mine. If you had, there would be no reason for you to 'say again'. Thanks for your input anyway.

[LadyCG]

I would think that a custodial sentence would be given if they could prove that there was historical abuse (years and years of systematic cruelty and physical abuse).

Personally I think she'll have a job getting her kids back but unless there's evidence of any injuries or bruising, she's unlikely to face prosecution.

[naomi24]

Thanks for your responses. I didn't know what the norm is in cases like this - or even if there is a norm. We'll just have to want and see I guess.

[naomi24]

*wait and see*

[Peter Pedant]

// Hey Sqad, this isn't CB ;-) Naomi - so you don't know if or how many meetings she's had? //

children act - the interests of the child are paramount
( that would be much higher than "must be taken into account")
which accounts for the care order.

clouting a kid and straight to prison - no - the prisons would be full.

I am not sure that a criminal case is in the process
so far it could be only family proceedings -which are dealt with in a completely different way [ children act, interest of child, finger waggling at parent definitely a secondary option, punishing a parent definitely not the point.]


and who is telling the truth? deffo something to be left to the experts. The first disclosure interview should be done by someone trained in all this ....

[New Judge]

//JF85, my question is if she's prosecuted and found guilty will she receive a custodial sentence?//

It's rather like asking how long is a piece of string.

To start with there are four offences involving assault. In ascending order of seriousness they are Common Assault; Assault occasioning Actual Bodily Harm (ABH); inflicting Grievous Bodily Harm (GBH); and inflicting GBH with intent. The charged depends manly on the level of injuries inflicted though there are other factors.

Very, very few people go to prison for Common Assault, especially a first offence. Just about everybody convicted of GBH with intent goes to prison, most of them for a lengthy spell. ABH sometimes attracts custody, GBH usually does so.

In amongst all this many factors aggravate or mitigate the offences (and assaulting a child would certainly be seen as considerable aggravation). But the short answer is that the question as you have posed it is impossible to answer.

[naomi24]

NJ, thank you. I probably worded the question poorly. I should have asked if beating a child carries a mandatory prison sentence. Clearly the answer is no.