What is abuse and neglect

Abuse can happen anywhere - in your own home, in a care home, in a hospital, at work, at a day centre or educational establishment, in supported housing or in the street. It can be deliberate, or the result of ignorance or a lack of proper training. Whatever the type of abuse, and wherever it happens, it is not acceptable, particularly when the victim is someone who is not able to properly protect themselves. If you think that you or someone you know is being subjected to abuse then please go to our page What to do if you think someone is at risk of being abused for advice and details on whom to contact.

The Action on Elder Abuse organisation, who campaign specifically about abuse of older people, provide detailed information on the different types of abuse and how to spot when this is happening. Our colleagues at Suffolk County Council have produced an excellent video which explains more about abuse and neglect, and may be particularly helpful for people with learning disabilities or dementia. The Easy Health website has gathered together various easy-read leaflets and videos which will help people with learning disabilities to understand what abuse is, and to know what to do if they think they are being subjected to abuse.

Skip to main content. You are here: Home Staying safe Abuse and neglect - safeguarding adults What is abuse and neglect, and why does it matter? Abuse and neglect - safeguarding adults What is abuse and neglect, and why does it matter? Who is an adult at risk? Neglect occurs when a caregiver fails to provide basic needs such as adequate food, sleep, safety, education, clothing or medical treatment.

It also includes leaving a child alone or failing to provide adequate supervision. If the caregiver is unable to provide the child with basic needs due to financial inability, it is not considered neglect, unless relief has been offered and refused. It includes excessive, aggressive or unreasonable demands that place expectations on a child beyond his or her capacity.

Emotional abuse includes constantly criticizing, teasing, belittling, insulting, rejecting, ignoring or isolating the child. It may also include exposure to domestic violence. Sexual abuse occurs when a child is used for the sexual gratification of an adult or an older child. The child may co-operate because he or she wants to please the adult or out of fear.

If multiple signs are being exhibited, the child may be at risk of abuse or neglect. It provides a general definition of child abuse and neglect and definitions of the five commonly regarded subtypes. The resource sheet provides information about: whether the abuse types constitute grounds for protection of a child under child protection law; and whether the abuse types are a crime under criminal law, with the possibility of punishment of the offender.

For individuals working with children, it is important to be able to recognise child abuse and neglect when they come across it. For example, if a practitioner knows that, or has reason to believe that, a child is being hit or disciplined in a concerning way, the first question the practitioner must ask themselves — is this, or might this be, child abuse?

If a practitioner believes or suspects child abuse or neglect, then a report must be made to child protection or the police for more detail, see Mandatory Reporting of Child Abuse and Neglect. Although young people under the age of 18 are legally children Australian Institute of Health and Welfare [AIHW], 1 , calling a young person a child can fail to acknowledge some important differences between children and young people, such as the difference in their desire and capacity for self-determination.

Definitions of child abuse and neglect can include adults, young people and older children as the perpetrators of the abuse. Furthermore, such behaviours may be intentional or unintentional and can include acts of omission i. Legal definitions tend to be broad, while medical definitions such as what is provided by WHO, usually provide a more detailed explanation. The way legislation defines child abuse and neglect matters. These laws have a direct influence on the outcomes of cases that are brought before a court.

Legal definitions affect the attitudes and decisions of lawyers and judges. There are two legal systems set up to respond to and prevent child abuse and neglect ALRC, ; Plum, :. Child protection proceedings focus on whether the child is in need of protection ALRC, ; Plum, They do not make a judgment about the guilt of an accused. For example, a child may have alleged sexual abuse by a parent. The criminal court may have judged an individual innocent of the crime of child sexual abuse but this does not mean that the civil child protection courts cannot make a ruling about the future safety of the child.

A child protection response is not, nor should it be, contingent on securing a conviction. ALRC, , p. Criminal proceedings focus on judging the guilt of the accused, with the outcome providing for the punishment of the offender.

Criminal proceedings generally focus on the past. An exception to this is the placement of a convicted child sex offender on a sex offender register, which is future focused and based on crimes the offender may commit in the future Plum, Different types of child abuse and neglect have different features.

It is important to distinguish between what are commonly regarded as the five main subtypes of child abuse and neglect:. The features of these subtypes are detailed below. Box 1 unpacks some of the difficulties and controversies around defining these five subtypes. Although there is a broad consensus on the five subtypes of child abuse and neglect see below , disagreement exists about exactly how to define and therefore recognise these subtypes. For example:.

It is not possible to provide definite answers to any of these questions. By drawing from research, their experience, using empathy and listening well, practitioners must exercise good professional judgement as they work with each unique child in each unique context. It is also important for human services, health, criminal justice and other professionals to make decisions collaboratively.

For example, in the case of Indigenous children and children from culturally and linguistically diverse backgrounds, it is important to involve specialist cultural advisers in planning and decision making. This includes hitting, beating, kicking, shaking, biting, strangling, scalding, burning, poisoning and suffocating.

Much physical violence against children in the home is inflicted with the object of punishing. In all Australian jurisdictions, civil child protection legislation exists to protect children and young people from physical abuse. As previously stated, this civil legislation does not focus on the innocence or guilt of the alleged perpetrator, instead it focuses on the safety — particularly the future safety — of the child.

Jurisdictional criminal laws in Australia deal with severe cases of child physical abuse such as those resulting in permanent or fatal injury as offences of violence.

The specific wording of these laws varies across jurisdictions ALRC, There is controversy about whether offences against children such as child physical abuse should be contained in civil child protection or criminal legislation. For example, some submissions to the ALRC argued that child abuse offences should be located in the criminal law and that violence against a child should not be considered less serious than such acts against an adult. Alternatively, it was suggested that such offences should be located in civil child protection legislation, then decisions about whether to recommend criminal action could be managed by child welfare experts.

On the basis of the submissions received, the Commission made no specific recommendation for change. According to a popular conception by Garbarino and colleagues , p. However, the difficulties in doing this are well documented Broadley, ; Goddard, ; Sheehan, Given these challenges, it is particularly important for child protection and child welfare professionals to work collaboratively to support families to build protective factors and protect children from emotional abuse.

Neglect includes both isolated incidents, as well as a pattern of failure over time on the part of a parent or other family member to provide for the development and wellbeing of the child — where the parent is in a position to do so — in one or more of the following areas:. These cases can be difficult for child protection practitioners to take before the child protection court, particularly if the concerning parental behaviours are low impact and high frequency as opposed to high impact and low frequency.

In these situations, there is a responsibility on the state to provide support and assistance to the parents; and the parents have a responsibility to engage with and utilise these supports CFCA, In many Australian jurisdictions it is a criminal offence for those with parental responsibility to fail to provide a child with basic needs such as accommodation, food, education and health care.

Across the jurisdictions, these laws are all drafted differently. For example, in the Northern Territory the offence relates to a child under two years. The involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared, or else that violates the laws or social taboos of society.

Children can be sexually abused by both adults and other children who are — by virtue of their age or stage of development — in a position of responsibility, trust or power over the victim. Commonly the child will not have a parent who has or who is likely to protect them.