There is no such thing as ‘justifiable assault’ on a baby, says new report by Scottish social justice coalition
11 December 2014
A Scottish coalition of over 60 organisations including Barnardo’s, YouthLink and Fast Forward have released their first annual report, Social Justice Begins with Babies, in which they advocate eliminating the existing Scots law that defends a “justifiable assault” on a baby.
They seek to amend the part of the government’s Criminal Justice (Scotland) Bill which allows for a defence case to be built around such an attack, arguing that there is no way in which an adult can justifiably assault an infant.
The coalition also enjoys the personal support of more than 30 distinguished individuals, from former Scotland Chief Medical Officer, Sir Harry Burns, to the co-founder of Scotland’s respected Violence Reduction Unit, former Detective Chief Superintendent, John Carnochan.
Don’t throw the baby out with the bath water
The coalition was set up by WAVE Trust to ensure that the Scottish Government takes real legislative steps towards the health and well-being of young people through the new Children and Young People Act 2014, and previously submitted an evidence report named Putting the Baby IN the Bathwater. Since 2013 they have helped to change Scottish law and provisions for the better, including influencing the Scottish Government’s decision to add 500 new health visitors to Scotland’s early years workforce.
“Our society and systems remain too reactive,” says the report, “Usually waiting until children have been adversely affected and then rushing in to ‘clean up the mess.” Instead, the coalition wants more to be done to ensure that the earliest years of a child’s life are safe, loving and secure from the outset.
1,001 days of health and well-being
In particular, the report emphasises the importance of a mentally and physically health 1,001 days from pre-birth to preschool:
“It is rarely too late to provide help that improves the wellbeing of older children and young people. However, the evidence is clear that the later the intervention, the less effective and more costly it is likely to be for all concerned. Those experiencing toxic childhoods – at home and/or in their communities – need and deserve our very best efforts to help them. But protecting them from that initial harm, and preventing them from becoming damaged in the first place, is always preferable.”
Beyond words on paper
Further recommendations by the group include ensuring that statutory duties in children’s services do not become merely ‘words on paper’, that excellent secondary legislation is developed with aid from the coalition, and that children with additional support needs “for whatever reason” are covered by an amended Additional Support for Learning (Scotland) Act.
Coordinator Dr. Jonathan Sher (WAVE Trust) says he is ‘chuffed about our past – excited about our future.’