educational neglect

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Educational Neglect: Examples, Effects, and Consequences

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  What is Educational Neglect?

Generally speaking, you are most likely already familiar with what the terms “educational” and “neglect” mean on their own. Together, however, they might not mean what you assume. Which begs the question, what is the definition of educational neglect?

Educational neglect is a concept found in family law. It can be defined as the failure of a parent (or legal guardian) to provide for their child’s basic educational needs. For instance, when a child reaches a certain age (usually mandated by the laws of their state), that child must be either enrolled in school, homeschooled, or given necessary special education training.

It is entirely up to the child’s parents or guardian on which method to use, so long as the child is learning by the requisite age. Although this rule typically applies to younger children, it may also include any minors that are still dependent on their parents and are under the age of majority in their state (typically around 18 years old).

It should be noted that educational neglect can sometimes be classified as a form of child neglect and/or child abuse under the law. The primary difference between neglect and abuse is that neglect tends to happen accidentally, while abuse usually involves causing intentional harm to a child. Currently, there are twenty four states with statutes that list educational neglect as a type of child abuse.

In order to prove that a parent or guardian is liable for educational neglect, an individual will need to demonstrate that the parent or guardian has failed to educate their child in a manner that is consistent with the requirements of their state. Thus, this standard may be subject to change and may involve additional elements of proof.

Finally, as mentioned, each state has its own laws and procedures concerning age, educational requirements, and what factors constitute educational neglect . Thus, educational neglect laws can vary depending on the circumstances, how the parents or guardians choose to raise their child, and on the educational neglect laws enacted within a particular jurisdiction.

What are Some Forms of Educational Neglect?

Is it illegal to not send your child to school, how do you prove child educational neglect, what are the legal consequences for educational neglect, do i need an attorney for assistance with educational neglect claims.

As discussed above, every state has its own statutes and policies regarding what constitutes educational neglect. One basic form of educational neglect can occur when a parent deliberately interferes with their child’s education. Some other common educational neglect examples include:

• Repeated or chronic absences: If a child chronically misses school or is repeatedly absent from school, then this may constitute educational neglect. A parent or guardian may be at risk of committing child neglect if they allow their child to miss at least five days of school per month, are notified by the school about the issue, and then fail to remedy the situation.
• Failure to enroll in school: Parents and guardians must register their child in school or homeschool them once the child reaches the state mandated age. In general, a child typically cannot miss more than one month of schooling simply because their parent or guardian failed to enroll them in a timely manner. However, there may be some exceptions to this rule if the parent has a valid reason.
• One last example under this category would include refusing to obtain or follow through with providing a child with special educational needs, unless the parent or guardian has a reasonable cause for denial (e.g., financial issues, religious beliefs, etc.).

According to the law, it is illegal to not send a child to school. Again, while these requirements may differ based on the state, every state has a law that requires children to attend school. The original reason that such laws arose was to protect children from having to go to work at a young age.

The way that a child is educated is not normally specified by state laws. Thus, a parent or guardian may choose to send their child to public school, private school, parochial school, charter school, or even homeschool them. The decision is theirs, just as long as they are receiving an education by a certain age and is one that comports with state educational standards.

Additionally, some states have laws that permit parents to take their child out of school by a certain age if it is for religious reasons. For example, children who live in Wisconsin and are brought up in an Amish family can leave school after the eighth grade.

The way in which an individual can prove child educational neglect will be contingent on both state laws and procedural requirements. Thus, while the exact elements of proof can vary widely by state, the following are some basic factors that appear in most cases:

• The child is repeatedly or continuously absent from school for extended periods without a valid explanation;
• The amount of school absences has noticeably impaired or harmed the child’s education; and
• The child’s parent or guardian was put on notice of the problem, but failed or refused to address the child educational neglect issue.

In addition, the person proving child educational neglect must provide sufficient evidence to support their claim. Some examples of evidence that might demonstrate that a child is suffering from educational neglect include:

• Changes in their classroom behavior or academic performance;
• Signs that the child has learning difficulties that are not being addressed or properly treated;
• They are not able to keep up with classroom assignments; and/or
• They receive grades that fall significantly below the class average or exhibit poorer performance skills than other students within their age group.

In general, educational neglect may only apply to children of a certain age. While the age requirement can vary by state, the majority of states impose an age requirement of between seven and fourteen years old. There may also be separate requirements for parents who choose to homeschool their children. Most state statutes contain some form of legal penalties either under state child abuse laws or under a compulsory attendance statute.

Some common examples of educational neglect consequences include:

• Reduction or loss of child visitation rights;
• Increase of child visitation or child custody rights awarded to a non-custodial parent;
• Loss of court-ordered child custody rights; and/or
• In extreme cases, criminal penalties.

In addition, a parent can also face legal consequences for educational truancy. Truancy refers to a situation in which a child is refusing to go to school, despite a parent’s attempts at forcing them to attend.

Although educational truancy matters do not usually terminate a parent’s child visitation or custody rights, if the issue becomes serious enough, a court may impose a time limit to address the problem. After that period of time expires, then the court may intervene and modify child custody and visitation orders.

Claims for educational neglect can have severe and long-lasting consequences for not only the child, but also the child’s parents or guardians. As discussed above, the laws and procedural requirements for educational neglect often vary from state to state, which can sometimes make it difficult to understand when a parent may be at risk of being held liable for educational neglect.

Therefore, if you are facing a claim involving educational neglect, then it is strongly recommended that you hire a local child custody attorney immediately. An experienced child custody attorney who practices in your jurisdiction will already be familiar with state laws and procedural requirements concerning child educational neglect issues.

Your lawyer can provide advice on how you can potentially remedy the situation and if there is anything you can do to retain your parental rights. In addition, it is essential that you hire a child custody attorney if you are facing criminal penalties. Your lawyer can determine whether there are any defenses available that you might be able to raise, can advocate on your behalf to have those penalties reduced or dropped, and can also provide representation in court.

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What is educational neglect anyway?

It’s never been easy to pin down a definition for educational neglect. Yet here in the era of social distancing, remote learning, hybrid schedules, virtual classrooms and COVID-19, parents, educators and child welfare professionals have more questions than ever before. It is critical for educators to do their best in keeping an eye out for signs of educational neglect in students and make a report to the Colorado Child Abuse and Neglect Hotline – 844-CO-4-Kids – when they have a concern.

So, is educational neglect one or two days of skipping online classes? What about showing up to a virtual classroom but skipping days when in-person learning is planned? The answer depends, said Samantha Garrett, an Education Specialist and Licensed Clinical Social Worker with the Colorado Department of Human Services.

It is important to remember that the pandemic has caused families and educators to adjust to a life we have not ever known and that lack of engagement with education may not always mean that a child is experiencing child abuse or neglect. However, a lack of engagement with education can be indicative of other issues that may be taking place in the home. Teachers genuinely care about their students and have made it a practice to trust their gut and report their concerns when they sense something is not right with a student. Teaching during the pandemic should not change this.

Since remote learning has replaced in-person schooling in many areas of Colorado, identifying and addressing educational neglect in a student continues to be particularly challenging, according to Samantha. Although defining educational neglect is “complicated,” and remote learning has changed the school environment, your instincts are still the same, acknowledges Samantha. 

Educational neglect  involves the failure of a parent or caregiver to enroll a child of mandatory school age in school or provide appropriate homeschooling or needed special education training, thus allowing the child or youth to engage in chronic truancy.

Signs of educational neglect may include:

• habitual absenteeism from school (an average of five days a month, for example) and no attempt from the parent or guardian to change this pattern
• failing to homeschool, register or to enroll a school-age child, causing the child to miss at least one month of school without valid reasons
• refusing to allow or failing to obtain recommended remedial education services
• not obtaining or following  through with treatment for a child’s diagnosed learning disorder or other special education need without reasonable cause
• the ongoing failure to provide a child with the resources and environment they need to learn.

“ A student’s extended absence from school may not be the result of neglect, but rather of a student’s family coping with a COVID-19 health crisis or other unintended consequences from the pandemic, such as making big changes in everyday routines due to financial hardships. It’s vital that teachers and school staff make an effort to distinguish between those situations and genuine educational neglect. ” – Samantha Garrett

The additional clarity that many school districts have provided with their updated remote learning attendance policies in the 2020-21 school year can help families and educators better understand expectations for remote learning during the pandemic. 

During the early stages of the pandemic, schools had no choice but to develop and attempt to enforce policies on the fly, naturally creating confusion as educators and parents worked to adjust to the new norm. According to Samantha, many school officials spent the summer working around the clock preparing thoughtful and comprehensive truancy policies for remote and hybrid learning, in hopes of providing more clarity for teachers and families.

In a remote learning environment, without an opportunity to assess and interact with students face-to-face, the onus is on teachers and others in the educational community to be extra observant for signs of educational neglect — and timely in mobilizing to address it. 

Remember to listen to your instincts. Reporting your concerns to the Colorado Child Abuse and Neglect Hotline is about getting a family connected to the help that they need. In nearly 70% of child welfare cases, counties can provide services and kids can remain safely at home with their parents. Some of these services may include assistance applying for benefits or classes to help parents manage stress.

If you’re concerned about possible child abuse and neglect, call 844-CO-4-Kids .  Dial 9-1-1 if there is an immediate threat . As mandatory reporters of child abuse and neglect, teachers and school staff are required by law to report their concerns.

Resources for Teachers

• Spotting the signs of abuse and neglect in a virtual classroom
• Signs of abuse and neglect

On the Case: Teacher Turned Caseworker Finds Dream Job Late in Her Career

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Governor Polis Proclaims April Child Abuse Prevention Month

On the Case: Utilizing Education to Pursue a Career in Child Welfare

EDUCATIONAL NEGLECT

What is educational neglect, educational neglect is defined as failure.

to send child to school/prevent child from getting education (Mennen et al. 2010). Educational neglect has not yet achieved the same level of study or recognition as other forms of child abuse, maltreatment, and neglect. Currently, only twenty-four states (including the District of Columbia) include educational neglect in their definitions of abuse.[1]. CHILD USA is fighting to end educational neglect for children across America, regardless of current state laws. The following all fall under the definition of Educational Neglect:

• Allowing a child to miss too much school
• Failing to enrolling a child in school
• Failing to provide comparable home-based education
• Keeping a child from special education services

CHILD USA’s concerns surrounding Educational Neglect

also include children who are not receiving adequate services at schools or in their communities that will ensure they are able to learn when receiving their education. These services include but are not limited to:

• Mental health services
• Medical services
• Adequate food
• Adequate technology and wifi
• Restorative justice/trauma-responsive practices

Additionally, CHILD USA is working to help ban corporal punishment in schools as this is an outdated and antiquated practice that harms students and prevents their learning. Join us today in our fight to end educational neglect for children!

[1]  Child Welfare Information Gateway. “Definitions of Child Abuse and Neglect”  https://www.childwelfare.gov/pubPDFs/define.pdf  (last visited 9.10.20)

Writings and Resources

Preventing educator sexual misconduct: insights from child usa’s collaboration with vcu.

by AJ Ortiz | Mar 21, 2024

This blog was written on March 11, 2024 by AJ Ortiz, CHILD USA Social Science Director CHILD USA is partnering with Virginia Commonwealth University on a CDC-sponsored research project regarding sexual abuse in schools. Working together with the nation’s leading...

Advancing the Right to Education in 2024 and Beyond

by Torah Bontrager | Dec 21, 2023

Torah Bontrager was born and raised traditional Amish and escaped at age 15. In 2018, she founded The Amish Heritage Foundation, which is a nonprofit committed to empowering Amish women and children through education past the 8th grade and fostering public awareness...

On Educational Neglect – Amanda Lorentson’s CHILD USA Story

by Diane Plappert | Jan 10, 2022

This blogpost was written for CHILD USA by Amanda Lorentson, a survivor of educational neglect. Despite the immense obstacles in her path, Amanda went on to attend an Ivy League law school and is currently an attorney for Kline & Specter, a prestigious law firm in...

USA Today oped written in May 2021 by Professor Marci Hamilton and Jillian Ruck on Corporal Punishment.

Data on Educational Neglect

• 8% (Mennen et al. 2010) – 47% of neglected children experience educational neglect (Sedlack et al. 2010).
• Nationally, 3.5% of children (1.7 million) are unenrolled in requisite education (Kelly, 2010)

Important Articles on Educational Neglect

Child neglect: definition and identification of youth’s experiences in official reports of maltreatment.

Ferol E. Mennen*,a, Kihyun Kimb, Jina Sanga, and Penelope K. Tricketta

Objective—The purpose of this study was to describe the nature of neglect in child welfare clients, to describe these experiences, to examine its typologies, and to understand how different types of neglect co-occurred with each other and with other types of maltreatment.

Fourth National Incidence Study of Child Abuse and Neglect (NIS–4)

Andrea J. Sedlak, Jane Mettenburg, Monica Basena, Ian Petta, Karla McPherson, Angela Greene, & Spencer Li

Background and Objectives: The National Incidence Study (NIS) is a congressionally mandated, periodic effort of the United States Department of Health and Human Services. In 1974, Public Law (P.L.) 93–247 mandated the first NIS (NIS–1), which collected data in 1979 and 1980. The NIS–2 was mandated under P.L. 98–457 (1984) and collected data in 1986. The NIS–3, mandated by the Child Abuse Prevention, Adoption, and Family Services Act of 1988 (P.L. 100–294) and the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 (P.L. 102–295), collected data in 1993. The Keeping Children and Families Safe Act of 2003 (P.L. 108-36) mandated the NIS–4, which collected data in 2005 and 2006. The principal objectives of the NIS–4 were to provide updated estimates of the incidence of child abuse and neglect in the United States and measure changes in incidence from the earlier studies.

Where are the Children? Educational Neglect across the Fifty States

Phillip Kelly

This paper explores the extent to which states are meeting their obligation to provide adequate educations for their minor citizens. It reveals the current mismatch between children identified in the federal census and those enrolled in any form of schooling. Currently, approximately 1.7 million children (3.5% nationwide) within compulsory education age ranges are not enrolled with any type of educational institution. Hawaii, at 17.5%, has the largest percentage of “missing children.” These “missing” children lie at the intersection of two policy implementing bodies, departments of education and departments of health and welfare. Unfortunately, most states cannot reconcile the number of children that should be educated. At a minimum, this is necessary to meet the democratic intent of compulsory education statutes.

Charts, Maps, & Infographics on Educational Neglect

Pace program addresses racial disparity while saving county funds, michigan students facing educational neglect is a ‘hidden problem’.

by Lily Altavena | March 30, 2022

Former state official alleges Rhode Island neglects vulnerable students’ special-ed needs

by Katie Mulvaney | January 13, 2022

Report: With Omicron, Math App Zearn Reveals a Troubling New Gap in Student Engagement — Even Where Schools Are Open

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• Truancy Intervention Guide: A Training and Resource Manual for Responding to Truancy in South Carolina
• Educational Neglect Vs. Truancy

Educational Neglect Versus Truancy

Closely connected to the issue of truancy is educational neglect. Educational neglect is defined by state statute, but is often misunderstood and creates a source of confusion for school personnel faced with dealing with a child who is not attending school regularly.  South Carolina law places the ultimate responsibility for making sure a child attends school on the child’s parent, and educational neglect should be considered as a possible cause of the child’s absences.

Educational Neglect Defined

Child abuse or neglect may exist when parents do not provide their children with education as required by law.  However, a child’s absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child’s attendance, and those efforts were unsuccessful because of the parents’ refusal to cooperate. § 63-7-20(6)(a)(iii) .

Indicators of Educational Neglect

Specific signs that indicate educational neglect are not included in state law, regulations, or agency policy.  Rather, professional judgment is required on a case-by-case basis.

Educational neglect may be indicated if:

• The child is too young to be held responsible for his or her own regular attendance.
• The parents do not respond to requests by school officials to meet regarding the child’s attendance problems.
• The parents appear apathetic about school attendance and make no effort to work with the school to encourage the child’s future attendance.
• The parents refuse to cooperate with an intervention plan instituted by the school to address the child’s continued absence from school.
• Child is dressed in clothing  inappropriate for the weather.
• Child exhibits poor hygiene as evidenced by continued body odor, untreated head lice, etc.
• Child’s medical needs are not being met; parents are not making sure that the child receives routine or urgent medical care.
• Child exhibits excessive sleepiness during the day.
• Child comes to school hungry or is observed stealing or asking for food.
• Child is acting as caretaker for younger siblings.

Reporting Educational Neglect

School Staff as Mandated Reporters of Child Abuse and Neglect

• School teachers, counselors, principals, assistant principals, school attendance officers, and school resource officers are specifically required by law to report to the SC Department of Social Services (DSS) when they have reason to believe that a child has been abused or neglected. § 63-7-310(A).
• Nurses, mental health professionals, social workers, and law enforcement officers are also mandated to make such reports.  (See § 63-7-310(A) for a complete list of mandated reporters.)
• If efforts to work with the parents have failed to correct the attendance problem due to the parents’ failure to cooperate, school personnel, as mandated reporters, must make a report to DSS in the county of the child’s legal residence.

Making the Report (§ 63-7-310(D))

• The school district is not authorized to petition the court directly for suspected educational neglect or other abuse.  
• School personnel should report such a case to the local DSS.  
• DSS is the designated agency responsible for investigating reports of child abuse and neglect, and it may petition the court to hear the case. (Reports of other types of abuse or neglect can be made to either DSS or law enforcement.)  
• Reports to DSS may be made orally or in writing.  
• The requirement to report suspected child abuse or neglect supersedes all other federal and state confidentiality laws, including HIPAA. 45 C.F.R. sections 160.203(c), 164.502(g)(5), and 164.512.
• In making a report of suspected neglect, the following information is helpful to DSS:  child’s name, age, date of birth, address, and present location if known; names and ages of siblings; and parents’ names and addresses.  
• The report should also include information about the child’s attendance; any other reasons that cause concern about the child; and a detailed account of the school’s efforts to obtain cooperation from the parents, including dates and times of meetings, phone calls, and letters.  
• DSS may summarize the outcome of an investigation to the reporter if the request is made at the time of the report.

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Challenge the conventional. create the exceptional. no limits..

Types of Abuse

• Physical Abuse
• Emotional Abuse
• Sexual Abuse

Neglect is a failure to provide certain basic necessities of life, including food/water, adequate shelter, or appropriate supervision. Not getting medical care or not being taken to school may also classify as neglect.

Physical neglect can include:

• Deserting or refusing custody of a child or leaving a child in another’s custody for days or weeks at a time
• Failing to provide enough healthy food and drink
• Failing to provide clothes that are appropriate to the weather
• Failing to ensure adequate personal hygiene
• Failing to supervise a child appropriately
• Exposing a child to unsafe/unsanitary environments or situations

Emotional neglect can include:

• Ignoring a child’s need for attention, affection and emotional support
• Exposing a child to extreme or frequent violence, especially domestic violence
• Permitting a child to use drugs, use alcohol, or engage in crime
• Keeping a child isolated from friends and loved ones

Medical neglect can include:

• Not taking child to hospital or appropriate medical professional for serious illness or injury
• Keeping a child from getting needed treatment
• Not providing preventative medical and dental care
• Failing to follow medical recommendations for a child

Educational neglect can include:

• Allowing a child to miss too much school
• Not enrolling a child in school (or not providing comparable home-based education)
• Keeping a child from needed special education services

Signs of neglect can include:

• Clothing that is the wrong size, in disrepair, dirty, or not right for the weather
• Often hungry, stockpiles food, seeks food, may even show signs of malnutrition (like distended belly, protruding bones)
• Very low body weight, height for age
• Often tired, sleepy, listless
• Hygiene problems, body odor
• Talks about caring for younger siblings, not having a caregiver at home
• Untreated medical and dental problems, incomplete immunizations
• Truancy, frequently incomplete homework, frequent changes of school

The laws that define child abuse in each state vary, so investigations look different in every state. If you are experiencing any type of abuse or have questions—please feel free to reach out to the Childhelp National Child Abuse Hotline by calling or texting 1-800-422-4453. Whatever you are feeling is valid and we want to help.

Michigan students facing educational neglect is a 'hidden problem'

No one seems to know how many Michigan children are going without an education. 

But a Free Press story about a 12-year-old Michigan girl , Jo, who struggles to read and has rarely stepped foot into a classroom, has some lawmakers and advocates contemplating   ways to prevent educational neglect. 

Jo's parents did not send their three children to school, and told investigators with Children's Protective Services that they were home-schooling Jo and her two siblings. But family members, friends and court documents contradict the parents' claim.

Michigan law requires little oversight over home-schooled students: Parents don't have to register their children with the state or their local school district, like they do in other states. No state agency will investigate educational neglect claims unless they come with other claims of neglect or abuse. 

After hearing Jo's story, Sen. Jeff Irwin, D-Ann Arbor, said he's exploring what  legislative reform might look like. 

"I know that certainly Michigan could strengthen its laws around educational neglect," Irwin said.

Defining educational neglect

Educational neglect can come in several forms, according to the Coalition for Responsible Home Education, a nonprofit that advocates for home-schooled children. Possible scenarios include :

• If a parent or caregiver fails to enroll their child in school at all, while also failing to educate them through home school. In some cases, parents may not be adequately home-schooling children or home-schooling them at all.
• If a parent or caregiver enrolls their child in school, but fails to get them to school, causing at least five absent days a month.
• Failure of a parent or school to meet special education needs for a child with a diagnosed disability.

According to the coalition, 24 states include educational neglect in their definition of abuse. Michigan is not among them.

The lack of state oversight means there is no data to suggest how widespread the problem might be in Michigan. 

Jillian Ruck, executive director of Child USA, a Philadelphia-based nonprofit think tank dedicated to preventing child abuse and neglect, said it is difficult to know how many kids across the country   experience educational neglect.

“We don't really know how many kids are not enrolled and so they kind of aren't even on the radar,” Ruck said. “We think it's hard to measure but we think it's definitely more common than people think.”

Peri Stone-Palmquist, executive director of the Ypsilanti-based Student Advocacy Center of Michigan, said instances of educational neglect aren’t always intentional on the part of parents, but rather may  signal that parents are struggling financially or in other ways.

“Some of these kids really want to go to school,” she said. “And their parents are really struggling to get that to happen.”

But quantifying the number of children missing out on education is a challenge.

 “It's definitely happening. ... It's such a hidden problem,” Stone-Palmquist said.

Getting kids to school

Ruck said she believes reform should happen at the state level.

States like Michigan without educational neglect statutes can't prosecute parents or caregivers for educational neglect, she said. However, it is possible to prosecute parents if their child is truant from school. 

"It does come to legal reform in the states of really establishing what is the baseline education that every child needs," she said.

State lawmakers briefly weighed more oversight over home-schooled families in 2015, after a mother in Detroit abused and killed her two children, 13-year-old Stoni Blair and 9-year-old Stephen Berry, stashing their bodies in a deep freezer. Before they died, their mother, Mitchelle Blair, removed them from a local school to home-school them. 

State Sen. Stephanie Chang, D-Detroit, then a state representative, introduced legislation after the children's bodies were discovered.

Her proposal would have required parents and caregivers to register their children as home-schooled with their local school district and have the children meet twice a year with an adult outside the home. 

Irwin said he is still researching whether Michigan’s problem lies in a lack of oversight of home-schooled students or a lack of enforcement of existing mandatory education laws, which require a child to be educated from ages 6 to 18.

“It's clear that Michigan has essentially no rules for home-schooling,” he said. “But we do have rules and we have laws that prohibit neglect of children.”

In Jo's case, Children's Protective Services, an agency within the Michigan Department of Health and Human Services, knew the 12-year-old and her siblings were not receiving an education for at least a year before petitioning to temporarily remove the children from their parents due to other claims of neglect, according to court documents and transcripts. Jo's case is currently pending in Wayne County.

Bob Wheaton, a spokesperson with MDHHS, wrote in an email that, generally speaking, the agency has no authority over educational neglect if that’s the sole allegation, but can investigate if it’s paired with other claims of abuse.

In a statement to the Free Press, Attorney General Dana Nessel wrote that adding more oversight over home-school education would be up to state lawmakers.

“A lack of oversight can result in an inadequate education that does not prepare kids for personal success in life. Michigan children deserve better,” she wrote.

Contact Lily Altavena:  [email protected]  or follow her on Twitter @LilyAlta .

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Homeschooling and Educational Neglect

Homeschooling.

Homeschooling provides an opportunity for children to receive an education through home-based educational programming which is parent-led. There are many different reasons a parent may chose to homeschool their child at different points in a child’s school career.

For example, Homeschooling may be a viable option for a child who is unwilling to attend school. However, it can be used as a cover by neglectful parents, and even well-meaning parents sometimes find themselves falling behind on meeting state requirements.

The vast majority of homeschool cases are legitimate. Parents follow the mandatory protocols and students learn the requisite material, even though they’re not attending a traditional school. But not all parents or students live up to their responsibilities.

Sherry Johnson, executive director for the Monroe County School Boards Association, said that “while the regulations for homeschooling children lie with the NYSED, the necessary oversight to make sure that students are receiving an appropriate education sits with the individual school districts through policy set by the Board of Education.”

Homeschooling Requirements

Like public or private school students, homeschooled students have required courses, must attend 180 days of instruction per year, and undergo standardized tests and annual assessments. Parents, like teachers, are required to submit quarterly reports.

Each year, a parent must send a letter of intent (LOI) to the school district to homeschool a child. In addition, an Individual Home Instruction Plan (IHIP) must be submitted to the school  district, listing the subjects to be taught, per regulations, and what curriculum and tools will be used for instruction.

One homeschool parent in Webster who has successfully taught three children from 1st through 12th grade said, “People have no idea how incredibly hard it is (to homeschool their children).” On top of teaching every grade, there are reports to prepare and deadlines to meet.

District Responsibility

With all that in mind, advocates for homeschooling argue that it should be easy to tell the difference between legitimate homeschool education and educational neglect.

But even registration and academic requirements aren’t enough to prevent some students and parents from abusing the homeschool law – either deliberately or because they simply are not up to the challenge. Homeschooling only works if the school district enforces the requirements.

It’s the responsibility of each school district to actively engage parents and ensure the requirements are being met and working effectively, for the welfare of the child. “The district is there, we’re responsible,” confirmed Dr. Deborah Baker, Assistant Superintendent for Curriculum and Instruction at Brighton Central School District.

Dr. Baker’s role is to make sure that homeschool parents have the information and capacity they need to provide a quality educational program for their children. She accomplishes that by building a relationship with parents through open communication about expectations.

She outlined a continuum of measures that the Brighton Central School District uses to mitigate any problems with attendance, which the state has added as an accountability measure for districts overseeing homeschooling families. “More than quarterly reports, we rely pretty heavily on the end of year assessments to verify that learning is actually happening,” Dr. Baker said. “At the end of the day, it’s really about the kids, and whether or not they are learning.”

Definition:

Neglect occurs when a parent (or person legally responsible) fails to provide a minimum level of care by doing something that inflicts harm, allows harm to be inflicted, or creates an imminent danger of harm. The harm, however, does not result in the kind of serious physical injury that is defined as physical abuse.

What is the Difference Between Educational Neglect and Truancy?

In terms of child welfare, it is important to recognize education neglect and truancy are two different things.  Educational neglect involves a failure of the parent or caregiver to enroll a child of mandatory school age in school or to provide appropriate homeschooling or needed special educational training.  Educational neglect can also involve a failure of the parent or caretakers to exercise care in facilitating school attendance of a child to the extent that the child’s education has been impaired or harmed.  Truancy, on the other hand, involves a child who is willfully refusing to attend school despite the parent or caretaker exercising steps to facilitate the child’s attendance.  School Districts also have a responsibility to engage parents to discover and try to address underlying conditions that might lead to failure to enroll or poor attendance as part of their efforts to determine if there is possible educational neglect that should be reported, or if truancy is the issue.

View all previous newsletters in the archive .

Educational Neglect Statutes

The Child Welfare Information Gateway  defines educational neglect as :

Educational Neglect

Although State statutes and policies vary, both parents and schools are responsible for meeting certain requirements regarding the education of children. Types of educational neglect include:

• Permitted, chronic truancy —permitting habitual absenteeism from school averaging at least 5 days a month if the parent or guardian is informed of the problem and does not attempt to intervene.
• Failure to enroll or other truancy —failing to homeschool, to register, or to enroll a child of mandatory school age, causing the child to miss at least 1 month of school without valid reasons.
• Inattention to special education needs —refusing to allow or failing to obtain recommended remedial education services or neglecting to obtain or follow through with treatment for a child’s diagnosed learning disorder or other special education need without reasonable cause.

According to the Child Welfare Information Gateway , educational neglect is included under the definition of abuse in twenty-four states: Arkansas, Colorado, Connecticut, Delaware, Idaho, Indiana, Kentucky, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. The language of these statutes varies.

States that do not include educational neglect in their definition of neglect still enforce their compulsory attendance statutes but do so through other means than social services. In states that have educational neglect provisions, local school districts generally form the first line in enforcing compulsory attendance and turn matters over to social services only if their attempts to bring families into compliance with the law fails.

Ann. Code § 12-18-103

(13)   (A)  “Neglect” means those acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the child’s care by a parent, custodian, guardian, or foster parent . . . which constitute:

. . .  (ii)  Failure or refusal to provide necessary food, clothing, shelter, and  education required by law , excluding the failure to follow an individualized educational program, or medical treatment necessary for the child’s well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered;

Rev. Stat. § 19-3-102

(1) A child is neglected or dependent if: . . . (d) A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence,  education , medical care, or any other care necessary for his or her health, guidance, or well-being;

Connecticut

Gen. Stat. § 46b-120

The terms used in this chapter shall, in its interpretation and in the interpretation of other statutes, be defined as follows:

(8) a child or youth may be found “neglected” who (A) has been abandoned or (B) is being denied proper care and attention, physically,  educationally , emotionally or morally or (C) is being permitted to live under conditions, circumstances or associations injurious to his well-being or (D) has been abused;

Ann. Code Tit. 10, § 901

(18) ”Neglect” or “neglected child” means that a person:

a. Is responsible for the care, custody, and/or control of the child; and

b. Has the ability and financial means to provide for the care of the child; and

1. Fails to provide necessary care with regard to: food, clothing, shelter,  education , health, medical or other care necessary for the child’s emotional, physical, or mental health, or safety and general well-being;

Idaho Code § 16-1602

(26) “Neglected” means a child:

(d)  Who is without proper education because of the failure to comply with section  33-202 , Idaho Code.

Ann. Code § 31-34-1-1

Sec. 1. A child is a child in need of services if before the child becomes eighteen (18) years of age:

(1) the child’s physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child’s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care,  education , or supervision;

Rev. Stat. § 600.020

(1) “Abused or neglected child” means a child whose health or welfare is harmed or threatened with harm when:

(a) His or her parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045, or other person exercising custodial control or supervision of the child:

• Does not provide the child with adequate care, supervision, food, clothing, shelter, and  education  or medical care necessary for the child’s well-being.

Ann. Stat. Tit. 22, § 4002

“Jeopardy to health or welfare” or “jeopardy” means serious abuse or neglect, as evidenced by:

B. Deprivation of adequate food, clothing, shelter, supervision or care or  education when the child is at least 7 years of age and has not completed grade 6 ;

Ann. Stat. § 626.556, Subd. 2

(f) “Neglect” means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means:

(4) failure to ensure that the child is  educated as defined in sections  120A.22  and  260C.163, subdivision 11 , which does not include a parent’s refusal to provide the parent’s child with sympathomimetic medications, consistent with section  125A.091, subdivision 5 ;

Mississippi

Citation: Ann. Code § 43-21-105

( l ) “Neglected child” means a child:

(i) Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or  education as required by law , or medical, surgical, or other care necessary for his well-being;

Ann. Stat. § 210.110

As used in sections 210.109 to 210.165, and sections 210.180 to 210.183, the following terms mean:

(12) “Neglect”, failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary support,  education as required by law , nutrition or medical, surgical, or any other care necessary for the child’s well-being;

Ann. Code § 41-3-102

21) (a) “Physical or psychological harm to a child” means the harm that occurs whenever the parent or other person responsible for the child’s welfare: 

(iv) causes malnutrition or a failure to thrive or otherwise fails to supply the child with adequate food or fails to supply clothing, shelter,  education , or adequate health care, though financially able to do so or offered financial or other reasonable means to do so;

Rev. Stat. § 432B.140

Negligent treatment or maltreatment.   Negligent treatment or maltreatment of a child occurs if a child has been abandoned, is without proper care, control and supervision or lacks the subsistence,  education , shelter, medical care or other care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.

New Hampshire

Rev. Stat. § 169-C:3

XIX. “Neglected child” means a child:

(b) Who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, when it is established that his health has suffered or is very likely to suffer serious impairment; and the deprivation is not due primarily to the lack of financial means of the parents, guardian or custodian;

Ann. Stat. § 9:6-8.21

c. “Abused or neglected child”  means a child less than 18 years of age whose parent or guardian, as herein defined,

(4) or a child   whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter,  education , medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so,

Ann. Stat. § 32A-4-2

E.     “neglected child” means a child:

(2)     who is without proper parental care and control or subsistence,  education , medical or other care or control necessary for the child’s well-being because of the faults or habits of the child’s parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

Soc. Serv. Law § 371

4-a. “Neglected child” means a child less than eighteen years of age (i) whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care (A) in supplying the child with adequate food, clothing, shelter,  education , medical or surgical care, though financially able to do so or offered financial or other reasonable means to do so; 

North Dakota

Cent. Code § 27-20-02

“Deprived child” means a child who:

a. Is without proper parental care or control, subsistence,  education as required by  law , or other care or control necessary for the child’s physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child’s parents, guardian, or other custodian;

Rev. Stat. § 2151.03(A)

(A) As used in this chapter, “neglected child” includes any child:

(3) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child’s health, morals, or well being;

South Carolina

Citation: Ann. Code § 63-7-20

(4) “Child abuse or neglect” or “harm” occurs when the parent, guardian, or other person responsible for the child’s welfare: 

(c) fails to supply the child with adequate food, clothing, shelter, or education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child’s age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury. However, a child’s absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child’s attendance, and those efforts were unsuccessful because of the parents’ refusal to cooperate. For the purpose of this chapter “adequate health care” includes any medical or nonmedical remedial health care permitted or authorized under state law; 

South Dakota

Ann. Laws § 26-8A-2

Abused or neglected child defined. In this chapter and chapter 26-7A, the term, abused or neglected child, means a child:

(4) Whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, supervision,  education , medical care, or any other care necessary for the child’s health, guidance, or well-being;

Ann. Code § 78A-6-105

(27) (a) “Neglect” means action or inaction causing:

(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence,  education , or medical care, or any other care necessary for the child’s health, safety, morals, or well-being; or

(b) The aspect of neglect relating to education, described in Subsection (27)(a)(iii), means that, after receiving a notice of compulsory education violation under Section  53A-11-101.5 , or notice that a parent or guardian has failed to cooperate with school authorities in a reasonable manner as required under Subsection  53A-11-101.7   (5)(a), the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education.

West Virginia

Ann. Code § 49-1-3

(11) (A) “Neglected child” means a child:

(i) Whose physical or mental health is harmed or threatened by a present refusal, failure or inability of the child’s parent, guardian or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care or  education , when such refusal, failure or inability is not due primarily to a lack of financial means on the part of the parent, guardian or custodian; or

(B) “Neglected child” does not mean a child whose education is conducted within the provisions of  section one, article eight, chapter eighteen of this code .

Ann. Stat. § 14-3-202

(a)(ii)(D)(vii)   “Neglect” means a failure or refusal by those responsible for the child’s welfare to provide adequate care, maintenance, supervision,  education  or medical, surgical or any other care necessary for the child’s well being. Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone;

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Educational neglect: Understanding 20 years of child welfare trends

Affiliations.

• 1 Centre for Research on Children and Families, McGill University, 3506 University Street Montreal, Quebec, H3A 2A7, Canada. Electronic address: [email protected].
• 2 Factor Inwentash Faculty of Social Work, University of Toronto, 246 Bloor Street W, Toronto, Ontario, M5S 1V4, Canada.
• 3 Centre for Research on Children and Families, McGill University, 3506 University Street Montreal, Quebec, H3A 2A7, Canada.
• PMID: 28528806
• DOI: 10.1016/j.chiabu.2017.04.034

Educational neglect is an understudied phenomenon that is difficult to define and also to address. While it is clear that attending to children's academic needs is important to child development, few studies focus on educational neglect and therefore little is known about its associated risk factors and the outcomes following this form of maltreatment. The purpose of this research was to (a) determine the rate at which child welfare service providers investigate educational neglect in Canada and identify any trends in rates over time, (b) better understand educational neglect and its distinction from other types of neglect and truancy, and (c) understand how child welfare services respond to allegations of educational neglect. Data from five cycles of the Ontario Incidence Studies of Reported Child Abuse and Neglect were examined. A trend analysis was conducted followed by a mixed-method examination of educational neglect investigations. Results indicate that rates of investigated educational neglect in Ontario have been consistently low over time. However, these investigations are significantly more likely to be substantiated and to be transferred to ongoing child welfare services compared to investigations of other subtypes of neglect. Educational neglect investigations involving younger children are more likely to note risk factors for caregivers whereas those involving adolescents are more likely to note functioning issues for youth. The findings are discussed in relation to international trends in educational neglect and policy and practice implications are explored.

Keywords: Child welfare service delivery; Child welfare trends; Educational neglect; International comparisons.

Copyright © 2017 Elsevier Ltd. All rights reserved.

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Protecting children from neglect

Neglect is not meeting a child’s basic physical and psychological needs (Department for Education, 2023; Department of Health, 2017; Scottish Government, 2023; Wales Safeguarding Procedures Project Board, 2020).

It is a form of child abuse that can have serious and long-lasting impacts on a child’s life - it can cause serious harm and even death.

The four main types of neglect are:

• physical neglect : not meeting a child’s basic needs, such as food, clothing or shelter; not supervising a child adequately or providing for their safety
• educational neglect : not making sure a child receives an education
• emotional neglect : not meeting a child’s needs for nurture and stimulation, for example by ignoring, humiliating, intimidating or isolating them
• medical neglect : not providing appropriate health care (including dental care), refusing care or ignoring medical recommendations (Horwath, 2007).

Neglect can happen at any age, sometimes even before a child is born. If a mother has mental health problems or misuses substances during pregnancy, for example, she may neglect her own health and this can damage a baby’s development in the womb (Haynes et al, 2015).

> Find out more about parental substance misuse

> Find out more about parental mental health problems

Impact of child neglect

"I am at home on my own a lot. Things are difficult at home and mum is really struggling - she gets stressed and angry a lot. I have to do a lot of the house work and help with chores. I feel lonely and have not got anyone to talk to."

Childline counselling session with a girl aged 10

Children can experience neglect at any age – from birth to adolescence. Neglect can cause a range of short- and long-term effects which may vary depending on the age of the child affected.

Brain development

If a baby is malnourished, neural cells can become weak or damaged and this can cause lowered brain function. If a child has little interaction with their caregiver, it can change how emotional and verbal pathways develop and impact their ability to learn. This may have consequences for brain functioning in later life.

> Read more about how neglect can impact child brain development and how you can encourage healthy brain growth

> Sign up for our training course on understanding child brain development and the impact of trauma

Physical development

Parents and carers need to help young children to develop gross motor skills. If they are being neglected, or if parents don’t know how to stimulate their child, this process may not happen effectively and the child’s development may be delayed (Horwath, 2013).

Physical health

If a child isn’t given enough food, they will immediately experience hunger and discomfort and may have trouble concentrating. But longer-term malnourishment will also affect their physical health and development.

Having an unhealthy diet can also lead to obesity-related health problems.

Not receiving appropriate medical care can result in poor health, dental decay and in some circumstances, death.

Mental health

Children who have experienced neglect are more likely to experience mental health problems, including:

• post-traumatic stress disorder (PTSD)
• dissociative disorders
• memory impairments
• panic disorder
• attention deficit and hyperactivity disorder (ADHD) (Child Welfare Information Gateway, 2015).

Relationships and attachment

Children who don’t get the love and care they need may develop problems with attachment – they may struggle to form a strong relationship or bond with their caregiver. This can lead to a child becoming isolated and affect their ability to maintain healthy relationships with others later in life (including their own children).

> Find out more about child attachment and how to support parents and carers in building positive relationships with their children

Risk-taking behaviour

Young people who have experienced neglect may take more risks, such as:

• running away from home
• breaking the law
• abusing drugs or alcohol
• becoming involved in unhealthy and/or abusive relationships.

If children and young people aren’t being supervised appropriately by their parents and carers they may have accidents which can cause injury, illness, disfigurement, disability or even death.

Recognising child neglect

Signs and indicators.

There’s often no single indicator that a child is being neglected. You may notice more than one sign and your concerns might become more frequent if problems are mounting up. This could indicate that a child and their family need support.

Children who are neglected may:

• live in an unsuitable home environment, for example in a house that isn’t heated throughout winter
• be left alone for a long time
• be smelly or dirty
• wear clothing that hasn’t been washed and/or is inadequate (for example, not having a winter coat)
• seem particularly hungry, seem not to have eaten breakfast or have no packed lunch/lunch money.

They may suffer from poor health, including:

• untreated injuries
• medical and dental issues
• repeated accidental injuries due to lack of supervision
• untreated and/or recurring illnesses or infections 
• long term or recurring skin sores, rashes, flea bites, scabies or ringworm

Babies and young children may:

• have frequent and untreated nappy rash
• be failing to thrive (not reaching developmental milestones and/or not growing at an appropriate rate for their age).

A child who is experiencing neglect may display unusual behaviour, or their behaviour may change. You may notice or become aware that a child:

• has poor language, communication or social skills
• withdraws suddenly or seems depressed
• appears anxious
• becomes clingy 
• is aggressive
• displays obsessive behaviour
• shows signs of self-harm
• is particularly tired
• finds it hard to concentrate or participate in activities
• has changes in eating habits
• misses school 
• starts using drugs or alcohol
• isn’t brought to medical appointments such as vaccinations or check-ups.

Risk and vulnerability factors

Any child can suffer neglect, but research shows that some children are more vulnerable including those who:

• have a disability
• are born prematurely or with a low birth weight
• have complex health needs
• are in care
• are seeking asylum.

> Find out more about children in care

> Find out more about safeguarding d/Deaf and disabled children

All families come under pressure from time to time. Although many parents are able to provide loving care for their children during difficult periods, increased or continued stress can affect how well a parent can look after their child.

Research shows that parents with a low income, or living in poorer neighbourhoods, are more likely to feel chronically stressed than other parents (Jütte et al, 2014); and parents who are facing complex problems such as domestic abuse or substance misuse can struggle to meet their children’s needs (Haynes et al, 2015).

If parents are feeling particularly isolated, this can make it harder for them to ask for help and increases the risk of child abuse or neglect (Jütte et al, 2014).

Responding to child neglect

If you think a child is in immediate danger, contact the police on 999 . If you're worried about a child but they are not in immediate danger, you should share your concerns.

• Follow your organisational child protection procedures . Organisations that work with children and families must have safeguarding policies and procedures in place.
• Contact the NSPCC Helpline on 0808 800 5000 or by emailing [email protected] . Our child protection specialists will talk through your concerns with you and give you expert advice. 
• Contact your local child protection services . Their contact details can be found on the website for the local authority the child lives in. 
• Contact the police.

Services will risk assess the situation and take action to protect the child as appropriate either through statutory involvement or other support. This may include making a referral to the local authority.

> See our information about recognising and responding to abuse

If your organisation doesn't have a clear safeguarding procedure or you're concerned about how child protection issues are being handled in your own, or another, organisation, contact the Whistleblowing Advice Line to discuss your concerns.

> Find out about the Whistleblowing Advice Line on the NSPCC website

When you're not sure

The NSPCC Helpline can help when you're not sure if a situation needs a safeguarding response. Our child protection specialists are here to support you whether you're seeking advice, sharing concerns about a child, or looking for reassurance.

Whatever the need, reason or feeling, you can contact the NSPCC Helpline on 0808 800 5000 or by emailing [email protected]

Our trained professionals will talk through your concerns with you. Depending on what you share, our experts will talk you through which local services can help, advise you on next steps, or make referrals to children's services and the police.

> Find out more about how the NSPCC Helpline can support you

Recording concerns

Neglect is a long-term pattern of behaviour. Adults who are concerned that a child’s needs are not being met should record individual incidents to build up an overview of the child’s lived experience. These records should be shared with other agencies as appropriate and used to decide what support a child and their family need.

Assessing neglect

Assessment tools can help practitioners get a clear picture of how well parents are able to look after their children. This helps professionals make timely evidence-based decisions to improve the child’s quality of life.

The NSPCC uses assessment tools in our work with families where neglect may be taking place.

Graded Care Profile 2 (GCP2) helps professionals measure the quality of care a child is receiving. We’ve evaluated GCP2 and found that it’s successful in helping to identify neglect. We’re now supporting other organisations to deliver GCP2 in local areas. 

> Find out more about how to deliver Graded Care Profile 2 (GCP2)

Infant and Family Teams  helps social workers and judges decide whether a child should stay with their birth family or enter care permanently.

> Find out more about Infant and Family Teams

Preventing child neglect

By identifying circumstances that put parents and carers under stress and getting them the right help at the right time, people who work with children can protect them from possible neglect.

Protective factors that can reduce the risks to children’s wellbeing include:

• a strong social support network for the family
• income support, benefits and advice
• good community services and facilities (Cleaver, Unell and Aldgate, 2011).

Practitioners have a key role to play in providing early help and empowering parents to care for their families. This includes:

• developing long-term positive relationships with parents
• encouraging parents to seek help when problems first emerge
• talking to a child and their parents and carers to understand what support they need
• sharing information about a child and their family with relevant agencies
• identifying which services are best placed to help a family 
• monitoring a child’s situation
• providing direct practical and emotional support to a child and/or their parents
• signposting families to other specialist services where necessary. Successful early intervention can improve the attachment bond a child has with their caregivers, reduce harm and help children form positive relationships in adulthood (Howe, 2011).

NSPCC services that support parents to provide safe and loving care for their families include:

• Domestic Abuse, Recovering Together (DART) - helps children and their mothers talk to each other about domestic abuse, learn to communicate and rebuild their relationship. We're also supporting other organisations to deliver DART in local areas.
• Pregnancy in Mind - d esigned to support parents who are at risk of, or are experiencing, mild to moderate anxiety and depression during their pregnancy
• Together for Childhood - an innovative, evidence-informed approach to bring local partners and families together to make our communities safer for children.

> Find out more about our services for children and families

We are also working with communities and local authorities across the UK to provide tailored support to professionals, children and families to help prevent neglect.

> Find out more about how we can help you develop a campaign in your area

Giving children a voice

It’s vital to build safe and trusting relationships with children so they can speak out about any problems they are experiencing. This involves teaching children what neglect is and how they can get help.

Our Speak out Stay safe service for schools teaches children how to recognise abuse and neglect in all its forms and empowers them to speak out if they are worried about anything.

> Find out more about Speak out Stay safe

Legislation and guidance

Statutory guidance across the UK highlights the responsibility of those in the education, community and care sectors to safeguard children from all forms of abuse and neglect.

• Child protection in England
• Child protection in Northern Ireland
• Child protection in Scotland
• Child protection in Wales

See also Key guidance for schools in the UK

Prevention strategy

The Safeguarding Board for Northern Ireland (SBNI) has developed a Multi-Agency Neglect Strategy for 2018-2022 . This aims to help agencies in Northern Ireland who are involved with children, young people and parents to take actions to prevent, reduce and manage effects of neglect on children and families (SBNI, 2018).

Cruelty and neglect

Legislation across the UK makes it an offence to neglect children and young people under the age of 16.

In England and Wales the Children and Young Persons Act 1933 specifies when someone can be prosecuted for child cruelty or neglect.

In Northern Ireland this is covered by the Children and Young Persons Act (Northern Ireland) 1968 .

In Scotland it is Part II of the Children and Young Persons (Scotland) Act 1937 .

In all parts of the UK, a person over 16 could be prosecuted for child cruelty if they:

• ill-treat a child
• neglect a child
• abandon a child
• expose or cause a child to be ill-treated, neglected or abandoned
• expose a child in a manner likely to cause unnecessary suffering or injury to physical or mental health.

Prosecution guidance

The Crown Prosecution Service (CPS) has guidance for prosecuting non-sexual child abuse offences in England and Wales (CPS, 2020). This guidance defines a child or young person as anyone aged under 18. This states that the four generally accepted categories of child cruelty are assault and ill-treatment, failure to protect, neglect and abandonment.

Guidance for medical professionals

The Royal College of Paediatrics and Child Health (RCPCH) has published guidance on the delivery of child protection medical assessments . The guidance for all UK nations sets out 13 standards to promote equitable, high-standard medical assessments where there are concerns about physical abuse and neglect (RCPCH, 2020).

Keep up-to-date with new legislation and guidance by   signing up to CASPAR , our current awareness service for policy, practice and research

References and resources

Child Welfare Information Gateway (2015) Understanding the effects of maltreatment on brain development (PDF) . Washington, D.C.: United States Department of Health and Human Services.

Cleaver, H., Unell, I. and Aldgate, J. (2011) Children's needs: parenting capacity: child abuse: parental mental illness, learning disability, substance misuse, and domestic violence. 2nd ed. (PDF) . London: The Stationery Office.

Crown Prosecution Service (CPS) (2020) Child abuse (non-sexual) – prosecution guidance . [Accessed 10/09/2021].

Department for Education (DfE) (2023) Working together to safeguard children 2023: a guide to multi-agency working to help, protect and promote the welfare of children. [Accessed 15/12/2023].

Department of Health (2017) Co-operating to safeguard children and young people in Northern Ireland . [Accessed 10/09/2021].

Haynes, A., et al (2015) Thriving communities: a framework for preventing and intervening early in child neglect. London: NSPCC.

Horwath, J. (2007) Child neglect: identification and assessment. Basingstoke: Palgrave Macmillan.

Horwath, J. (2013) Child neglect: planning and intervention. London: Palgrave.

Howe, D. (2011) Attachment across the lifecourse: a brief introduction. Basingstoke: Palgrave Macmillan.

Jütte, S., et al (2014) How safe are our children? 2014. London: NSPCC.

Royal College of Paediatrics and Child Health (RCPCH) (2020) Child Protection service delivery standards . [Accessed 10/09/2020].

Safeguarding Board for Northern Ireland (SBNI) (2019) Safeguarding Board for Northern Ireland’s multi-agency neglect strategy 2018-2022 . Belfast: SBNI.

Scottish Government (2023) National guidance for child protection in Scotland - updated 2023 . [Accessed 20/11/2023].

Wales Safeguarding Procedures Project Board (2020)   Wales Safeguarding Procedures . [Accessed 10/09/2020].

Our elearning courses will help develop your understanding of how to protect children from neglect and other types of abuse: 

• Introduction to safeguarding and child protection
• Safeguarding training for schools, academies and colleges .

Support for children and young people

If a child or young person needs confidential help and advice direct them to Childline. Calls to 0800 1111 are free and children can also contact Childline online or read about neglect on the Childline website . You can also download or order Childline posters and wallet cards .

Related resources

Read our  neglect: learning from case reviews  thematic briefing summarising risk factors and learning for improved practice around neglect.

Further reading

For further reading about neglect, search the NSPCC Library catalogue  using the keywords "child neglect", "emotional neglect" and "neglected children".

> Find out more about the Library and Information Service

Looking for research and resources?

Find out how our Library and Information Service can help.

Find research and resources in the NSPCC Library using the keywords child neglect , emotional neglect  and neglected children

Sign up to CASPAR

Subscribe to our weekly email keeping you up to date with all the developments in child protection policy, research, practice and guidance.

New York Education Department Hindered an Abuse Investigation at Boarding School for Autistic Youth

by Jennifer Smith Richards and Jodi S. Cohen

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches , a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

In a strongly worded rebuke, a New York judge has ordered the state Education Department to cooperate with an investigation into abuse and neglect at a pricey residential school that draws students with autism from across the country.

The judge ruled that the New York State Education Department must turn over documents it has about incidents at Shrub Oak International School to the watchdog group Disability Rights New York within seven days of the decision. The Education Department for months has refused to give DRNY records it has received about the private school, which is not approved or monitored by the state.

State Supreme Court Judge Andra Ackerman wrote in her decision, issued last week, that the department had violated state and federal law when it refused to provide records related to incidents as well as the school’s business applications to the state. She called the agency’s actions “arbitrary and capricious” and “an abuse of discretion.”

The Education Department has acknowledged it has “documents relevant to an investigation of abuse and neglect inflicted on the students at the school,” Ackerman wrote. “It claims, however, that it is entitled to keep that documentation for itself — apparently doing nothing with it — and to refuse DRNY access simply because NYSED is not responsible for these particular students,” Ackerman added.

The judge’s ruling also follows a ProPublica investigation published this month that documented multiple allegations of abuse and neglect at Shrub Oak, a residential school for students with autism and other challenges. It revealed how would-be whistleblowers could not get state authorities to intervene at the school.

DRNY, which receives federal funding to conduct investigations on behalf of people with disabilities, petitioned the New York Supreme Court in Albany County in April to force the department’s hand. (In New York, the Supreme Court is a lower court, not the state’s high court.)

David Hutt, the legal director at the National Disability Rights Network, said interfering with watchdog groups’ investigations undermines their authority and is “frankly wasting federal money.” He said it’s important for DRNY to challenge the Education Department so that concerns about people with disabilities don’t “stay in the shadows.”

Even though Shrub Oak is a school, it is allowed under New York law to operate without approval from the state and has never sought such approval. As a result, the Education Department has no oversight responsibility though the school enrolls mostly publicly funded students from New York and about a dozen other states.

Shrub Oak opened in 2018 in a former seminary in Mohegan Lake and has about 85 students this year. Though it is a private, for-profit school, most students’ tuition is paid by their public school districts. Many students require round-the-clock care and have a dedicated aide for most of the day, bringing the cost of their tuition to $573,200.

David Bloomfield, an education law professor at Brooklyn College and the CUNY Graduate Center, said the Education Department’s unwillingness to cooperate with DRNY’s abuse investigation “is an example of the state being highly deferential to private institutions.”

An Education Department spokesperson did not respond to requests for comment. But the New York attorney general, which represents the department, argued in legal filings that because the state does not oversee Shrub Oak, it has no duty to investigate allegations of abuse and neglect of students there and should be allowed to keep its records secret.

A DRNY spokesperson said she could not comment. The organization does not have enforcement authority, meaning it cannot sanction Shrub Oak, but could issue a public report of its findings or try to force change at Shrub Oak through a lawsuit.

The disability rights group has been investigating the school for about a year and said in court filings that it has received complaints that students were left to sleep on urine-soaked mattresses, had unexplained black eyes and were denied medical care. The group also has been investigating whether school workers were discouraged from calling 911 in emergencies. Investigators “observed conditions that were consistent with the allegations in the complaints,” according to the judge’s decision.

Shrub Oak did not respond to requests for comment for this story. But the school has been critical of the investigations by DRNY and a sister group in Connecticut. In a letter last month from a Shrub Oak attorney to the watchdog organizations, the school said investigators were unqualified to observe or understand autistic students. The letter criticized the groups for having made more than 17 requests for documents and information and more than nine unannounced visits but not sharing their findings.

The attorney wrote that the school is concerned that even though it is cooperating, the organizations “are not focused on a complete and balanced understanding of the services and environment SOIS provides to its students. Accordingly, the resulting reports of their investigations are likely to unfairly portray SOIS in a negative light.”

Shrub Oak has said it provides a critical need for a student population that lacks options, often enrolling students who have been rejected from other schools. It has said that the staff is qualified, caring and encouraged to call 911 in emergencies, and that it investigates allegations of misconduct by staff members. School leaders would not comment about individual incidents involving student injuries or neglect allegations, but they said Shrub Oak caters to students who injure themselves and are learning toileting skills or intentionally urinate as part of their behavioral challenges.

Through its spokesperson, Shrub Oak said it plans to seek state approval as a special-education school.

ProPublica also has sought public records from the state Education Department about Shrub Oak, including complaints against the school. The department has denied access to some records and has delayed releasing others after Shrub Oak requested that it keep the records confidential. Shrub Oak general counsel Brian Koffler said in a letter to the Education Department that releasing the records could hurt the school’s competitive position and that they should be kept “away from individuals who seek nothing more than to create problems for our staff and our students.”

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• ↑ (in Russian). Archived from the original on 1 July 2010. http://www.aaum.ru/works/atlas/4/ . Retrieved 3 August 2010 .  

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Don’t neglect your kidneys: Why they’re more important than you think

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Your kidneys work hard, filtering waste and excess fluid from your blood to keep you healthy. But like other organs, your kidneys are vulnerable to disease and damage, especially as you age. Being proactive about kidney health through preventative steps and  kidney function testing  allows you to take charge of this vital organ before problems arise.

The role of kidneys in removing waste

The  kidneys  are two bean-shaped organs located in your lower back, just above the waist. Their main job is to filter waste products and excess fluid from your blood.  Every 30 minutes , the kidneys filter all the blood in the body to remove urea (a waste substance that forms after the liver breaks down protein) and other waste materials that are then excreted as urine. The kidneys also regulate the levels of electrolytes like sodium, potassium and phosphate, while producing hormones that control blood pressure, red blood cell production and calcium absorption.

When the kidneys are damaged by disease, their ability to properly filter blood declines. Waste then builds up in the blood, causing a condition known as chronic kidney disease (CKD). According to the National Kidney Foundation,  CKD affects 37 million U.S. adults . Despite the prevalence of CKD, the vast majority of people with this condition don’t know they have it. This is primarily because early kidney disease often has no symptoms, making it more important than ever to know the risk factors for CKD and take preventative steps to protect your kidney health.

Risk factors for CKD

There are a number of  risk factors that increase your chances of developing CKD . These include:

• Diabetes:  Poorly controlled blood sugar levels damage the kidneys over time
• High blood pressure:  Increased pressure damages blood vessels in kidneys
• Heart disease:  Heart disease and kidney diseases often coexist
• Obesity:  Excess weight strains the kidneys
• Advancing age:  Kidney function declines naturally with age
• Family history:  Genetics may increase the risk of kidney disease
• Personal history of kidney problems:  Previous kidney damage is a risk factor for CKD
• Smoking:  Smoking worsens kidney damage

CKD may also disproportionately affect Black, Hispanic, Asian American, Pacific Islander and American Indian individuals, according to the  National Kidney Foundation . The more risk factors you have, the higher your risk of  developing CKD , and the more crucial it is to stay on top of your kidney health.

Pursuing preventive kidney care

Since kidney disease often has no pain or other obvious symptoms, the best way to take charge of your kidney health is through preventive steps and testing. You can work with your healthcare provider to manage risk factors like diabetes and high blood pressure. Leading an overall healthy lifestyle also benefits your kidneys. This includes:

• Eating a kidney-friendly diet high in fruits, vegetables, whole grains, lean protein and healthy fats
• Staying well-hydrated by drinking plenty of water
• Engaging in regular physical activity
• Maintaining a healthy weight
• Not smoking

Along with lifestyle habits, it is important to consider getting your kidney function tested periodically, depending on your health and risk factors.  Labcorp OnDemand's Kidney Health Test  includes multiple markers that measure overall kidney function and can help you spot early signs of possible kidney disease or damage. Detecting any issues early allows you and your provider to address them promptly before they become serious.

Take control of your health by caring for your kidneys. Preventive testing and lifestyle choices support kidney function now and as you age.

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