I am deeply saddened and shocked at the cruelty and pain suffered by Daniel Pelka as he starved in full view of his primary school teachers (who also noticed bruises on his body) before he was killed.
I find it utterly incomprehensible that no one helped him. It has been clearly evidenced in court that teachers recognised his lunch box was meagre, that he was eating anything he could forage (including dirty scraps from bins), that he couldn?t keep his hands off other children?s lunches and that he was seriously losing weight so that his clothes hung off him - and yet the only thing they did was to lock up the other children?s food to prevent him from stealing the food he so desperately needed.
Where was the ?duty of care??
What has gone so terribly wrong with our society that this could happen?
Why is this fundamental issue not highlighted more clearly in the court case and in press coverage?
How can we ensure that adults with a duty of care come to the aid of vulnerable children, in this case to the aid of a child who could be seen to be literally struggling to survive?
If ?duty of care? is a legal requirement, then where is the accountability? If ?duty of care? is not a legal requirement, then it should be - as it is in France and other civilised countries (see below).
Adults should have a legal obligation as well as a moral obligation to look out for, protect and safeguard the wellbeing of children in their care or sphere.
I am petitioning my MP for change in the law and will be launching a supporting web campaign. Will you stand with me, mumsnet? Will you be speaking out to help protect vulnerable children in the future - will there be justice for Daniel?
Paula
Duty of Care appendix notes
Parents have a duty to rescue their minor children. This duty also applies to those acting in loco parentis, such as schools or babysitters
Criminal law [edit]
In some countries, there exists a legal requirement for citizens to assist people in distress, unless doing so would put themselves or others in harm's way. Citizens are often required to, at minimum, call the local emergency number, unless doing so would be harmful, in which case the authorities should be contacted when the harmful situation has been removed. As of 2012, there were such laws in countries, including[1] Albania, Andorra,[24] Argentina,[25] Austria,[26] Belgium, Brazil, Bulgaria, Croatia,[27] Czech Republic, Denmark, Finland, France,[28] Germany,[29] Greece, Hungary, Iceland, Israel, Italy, the Netherlands, Norway, Poland,[30] Portugal, Russia, Serbia, Spain, and Switzerland.
France [edit]
The photographers at the scene of Lady Diana's fatal car accident were investigated for violation of the French law of "non-assistance à personne en danger" (deliberately failing to provide assistance to a person in danger), which can be punished by up to 5 years imprisonment and a fine of up to $100,000.
Anyone who fails to render assistance to a person in danger will be found liable before French Courts (civil and criminal liability). The penalty for this offence in criminal courts is imprisonment and a fine (under article 223?6 of the Criminal Code) while in civil courts judges will order payment of pecuniary compensation to the victims.[31]