Sir, - The call for mandatory reporting of child abuse is very understandable in the light of recent events. However, it is very important that we think through the consequences of putting reporting of child abuse into a legal framework. A legal requirement to report even suspected cases of child abuse would create many problems for an already overloaded and creaking judicial system.
For example, if one takes the case where child abuse by a father, initially suspected, is later shown to have taken place, who is to be blamed for not reporting their suspicions earlier? Who is to be prosecuted? Will it be the mother, other relatives, social workers, teachers, nurses, doctors, priests? Mandatory reporting is to carry serious penalties of fines and imprisonment. Will the legal system have to decide where the guilt lies? And in the process, will the focus of attention move away from the victim of the abuse?
Another consequence which has to be thought through is the consequence of reporting on the basis of suspicion. Think of the trauma which results from accusations of child abuse which turn out to be untrue. Think of how it would be in your own family, because the whole family is affected by accusation; think of the months of uncertainty and anxiety, and almost certainly of social deprivation. If reporting were to be mandatory, there would be many families subjected to such trauma, because of the fear of legal consequences arising from failure to report.
Child abuse is a very complex problem. Nowadays we are inclined to believe that problems can be solved by putting them into a legal framework. However, experience suggests that this may only lead to further complications. The fear would be that the processes of law could be diverted away from the victim into a probably inconclusive effort to apportion blame for failure to report.
Instead, the onus to report should lie with the professionals involved, working to rules laid down by their professional associations. Their professional judgement must be respected; after all, that is what their years of training have been for, a preparation for the exercise of judgement. Care workers, using the term in its broadest sense, are caring and responsible people. Should it be shown that the occasional one has been uncaring and neglectful, then it is the duty of the professional body concerned to censure that person in an appropriate way. Certainly, imprisonment would not seem to be appropriate.
A further consequence of mandatory reporting would be the introduction of fear and suspicion into our lives and into our relationships with others. There would be a real fear that ordinary demonstrations of affection, even within the family, could be misconstrued. Is this what we want? Is this to be desired? We should think deeply about it. - Yours etc.,
Mount Merrion,
Co. Dublin.