From Welfare to Punishment: A Comparative Analysis of Criminal Responses to Child Neglect in Malaysia and the UK

Abstract

Child neglect continues to be one of the most prevalent yet intricate forms of child maltreatment, prompting fundamental enquiries regarding the appropriate role of criminal law in child protection systems. This paper conducts a doctrinal comparative analysis of the criminal responses to child neglect in Malaysia and England and Wales, investigating whether recent legislative developments indicate a transition from welfare-oriented intervention to punitive enforcement. The study examines the definition of neglect, the construction of criminal liability, and the positioning of penal sanctions within the broader child protection framework of each jurisdiction, utilising statutory provisions, judicial decisions, and safeguarding guidance published between 2020 and 2025.
Despite the shared common law foundations, the results indicate a divergence in normative emphasis. In Malaysia, the law, especially the Child Act 2001, includes criminalisation in the formal definition of neglect, making punishment an essential mechanism to hold people accountable. Reinforcing prosecutorial authority, judicial interpretation reflects relatively broad thresholds based on exposure to injury. In England and Wales, on the other hand, neglect is typically seen as part of a welfare-based safeguarding system that puts the child's welfare first. Criminal responsibility functions as a residual mechanism, generally applied to circumstances characterised by wilfulness or substantial injury.
The comparative analysis shows that the shift "from welfare to punishment" is neither uniform or absolute, but is instead a result of constant adjustments made in response to child rights discussions, public accountability concerns, and broader trends in penal policy. The paper says that criminal remedies are only valid and useful if there are clear limits, principled prosecutorial discretion, and strong welfare systems that work together with them. In the end, combining accountability with child-centred protection is still the most important thing for making sense of modern child neglect law.