Parents 'getting away with murder'

The survey was commissioned by the NSPCC

Parents who kill or seriously injure their children are unlikely to be convicted for any crime, according to research.

The survey suggests that two-thirds of such cases never reach court and even if they do face trial, parents often walk free because it cannot be proved which of them inflicted the injuries.

Detective Inspector Malcolm Bacon, who conducted the survey of police forces in England and Wales, says that the law needs to be changed.

DI Malcolm Bacon: Shocking findings

"We are talking about two or three cases a week here where a child is being killed or seriously injured," he said.

"And at the present time they are literally getting away with murder."

The survey, which is the focus of BBC South documentary Southern Eye, identified 492 children who had been unlawfully killed or seriously injured by their carers between 1 January 1998 and 31 December 2000.

Changes needed

Police are still investigating 126 of these cases. But of the 366 cases that have been completed, only 120 (33%) were heard in court.

The Crown Prosecution Service or police decided not to press charges in 225 (61%) of these cases. A further 21 cases (6%) were thrown out by a judge before they got to trial.

It's essential that something changes within the system

NSPCC lawyer Barbara Esam

The survey was commissioned by the NSPCC, which has set up a working group to look at ways of changing the law.

NSPCC lawyer Barbara Esam said child killers were escaping justice with depressing regularity.

"We think it's essential that something changes within the system to ensure that these very serious cases against innocent children are addressed and to ensure that justice is done."

NSPCC's Barbara Esam: Depressingly regular

The legal problems are caused by a Court of Appeal ruling from 1985, she said. James and Linda Lane were convicted of manslaughter after their daughter Sarah Phillips died from a fractured skull.

Sarah had been abused all her life, but the conviction was overturned on appeal because the prosecution couldn't prove which of the parents were with Sarah when the final assault took place.

The judges decided that in such circumstances there was not even a case to answer. This ruling makes it difficult for the Crown Prosecution Service to bring charges.

Bruises and bite marks

When parents are charged, the cases are often thrown out by the courts.

Last year, a judge directed a jury to acquit Andrew Snee and Sharon Brennan.

Their four-month-old daughter Chloe Snee had been battered to death, but the prosecution couldn't prove which of them inflicted the fatal blow.

Snee and Brennan were both convicted of cruelty.

John Smith was covered in bruises when he died

Murder charges were also dropped against a couple who planned to adopt John Anthony Smith.

The four-year-old was covered in bruises and adult bite marks when he died, but Simon and Michelle McWilliams could only be tried for cruelty.

The NSPCC survey suggests that many more cases go unreported, because they are abandoned before they even get to court.

Eighteen months ago, the then Home Secretary Jack Straw said he might introduce a new offence of killing a child by neglect. So far, this has not happened, but the Home Office says it is still under consideration.

If you are in the BBC South or South East region you can watch Southern Eye's report on this investigation on January 24th at 7.30pm on BBC 2.