Whilst the SSNC argues that before any action is taken in respect of abuse that that abuse is proven to a criminal standard of culpability, the SSNC does not believe that signs of Neglect or Emotional Abuse should be ignored. Where there is real evidence of neglect or emotional abuse, non-judgemental support should be offered.
If a child is neglected because a family is poor, give them money and food, not an investigation. If a parent is struggling with mental health, give them medical support, not a court date. If an older person, or their family carer is struggling with mental health or the exhaustion of providing 24/7 care, give them medical and respite support, not a safeguarding inquiry.
The current system treats family carers of adults with suspicion, often pathologizing carer burnout as neglect. The SSNC argues that a family carer who is ‘struggling to cope’ needs the Voluntary Support promised under the law without fear of being labeled as an abuser, not a hostile investigation that threatens to remove their loved one and dismantle their home.
The SSNC advocates for a return to the original intent of Section 17 (England/Wales), Section 22 (Scotland), and Article 18 (NI) for children and Section 19 (England/Wales), Section 12 (Scotland), and Article 15 (NI) for adults. These laws were designed to offer help that a family can choose to accept or reject without being “filed” as a risk.
The current system uses “Safeguarding” to pathologize poverty and struggle. By moving to a Criminal Model for Harm and a Voluntary Model for Struggle, we eliminate the State’s ability to use “neglect” as a “Master Key” to enter and dismantle your home. If the family says “No thanks” to voluntary support, and the State has no criminal evidence, the State must walk away.
References
(1) The Voluntary Support Shield (The “Power to Help” vs. “Duty to Investigate”)
England: Children Act 1989, Section 17 (Children) and Care Act 2014, Section 19 (Adults).
Northern Ireland: The Children (Northern Ireland) Order 1995, Article 18 (Children) and Health and Personal Social Services (NI) Order 1972, Article 15 (Adults).
Scotland: Children (Scotland) Act 1995, Section 22 (Children) and Social Work (Scotland) Act 1968, Section 12 (Adults).
Wales: Social Services and Well-being (Wales) Act 2014, Part 4 (Sections 35-39) (Covers both children and adults).
The Fact: These sections grant the state the power to provide services (including financial aid) based on consent. They do not grant the power to coerce or investigate without evidence of a crime.
(2) The Rights of Family Carers (Respite over Investigation)
England: Care Act 2014, Section 10 (Duty to assess) and Section 20 (Power to meet carer needs).
Northern Ireland: Carers and Direct Payments Act (Northern Ireland) 2002, Section 1.
Scotland: Carers (Scotland) Act 2016, Section 6 (Duty to prepare an Adult Carer Support Plan).
Wales: Social Services and Well-being (Wales) Act 2014, Section 24.
The Fact: Legally, “Carer Burnout” is a trigger for State Support, not a trigger for a safeguarding investigation into the family.
(3) The Poverty vs. Neglect Evidence
Source: The Child Welfare Inequalities Project (CWIP) / The MacAlister Review (2022).
The Fact: Data confirms that families in the most deprived areas are 10 times more likely to be targeted by social services.
The SSNC Point: This proves the state is pathologizing poverty. Under Section 17(6) (England) and Section 12 (Scotland), the state already has the power to provide cash or food to solve neglect caused by poverty without opening a “case.”
(4) The Human Rights & Legal Precedent
ECHR Article 8: The Right to Respect for Private and Family Life.
Case Law: K and T v. Finland (2001) and Re B-S (Children) [2013] EWCA Civ 1146.
The Fact: High court precedents state that the goal of the state should be to support the family to stay together, and that “social engineering” (removing children because a different home might be “better”) is a violation of human rights.
(5) The “False-Positive” Statistical Proof (2024-25)
Children: DfE (England); StatsWales; SCRA (Scotland); DoH (NI).
Adults: NHS England Safeguarding Adults; StatsWales; Scottish Government ASP Dataset; DoH (NI) Adult Safeguarding Stats.
The Fact: These official datasets show a 70% to 95% “failure rate,” where referrals do not reach the threshold for a Protection Plan or statutory action.