@Lockheart
What is the difference if (for example) your child, who has no record of any medical problems, has a seizure and dies whilst you're asleep in the next room, you're downstairs on the phone for 10 mins, you're outside in the garden for 10mins, or whilst you're at the corner shop for 10 mins? What makes the final one illegal neglect and the others not? Are they all illegal neglect? In none of the circumstances could you have prevented it.
The difference would be whether I was charged with neglect or manslaughter. I wouldn’t necessarily be charged with manslaughter unless prosecutors could reasonably show I could have prevented the death by being home and obtaining medical help. I still maybe charged with neglect for leaving them home alone and that would depend on the age of the child, time I was gone and potential dangers of the environment.
Although the case study was over turned, the Father was still prosecuted and it took well over a year for the over turn to happen. There were 105 arrests, 30 were released without charge, 24 accepted a caution and 19 were charged. So just over 18% of people were charged just under 23% accepted a police caution.
The police would not be cautioning or charging parents if it were legal to leave children home alone. The law is written in a very ambiguous way and the judgement of whether or not the child is safe or not is down to the the police not the parent or carer, however your original statement that it is not illegal to leave a child alone and social services would not be interested is not correct.
I am however putting my hands up to say that it is not strictly illegal either.
It’s like speeding,
If you speed a bit but never caught= nothing will happen
Leaving 2 year old home alone but no harm comes to them, no one reports the incident=Nothing will happen
If you speed and are caught= fine and points
Leave 2 year old home alone, child is fine but someone reports=police caution/social services involved
If you speed and an accident occurs which results in injury=you maybe prosecuted depending on circumstances
Leave 2 year old home alone, something happens child becomes distressed/or injured= you maybe prosecuted depending circumstances