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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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cotton bud to clean a childs ear

Resolved Question:

Is using a cotton bud to clean a childs ear abuse or a criminal act if the intention was just to clean the ear, but the child now complains of ear pain, and may develop a perforated year drum.

If the person was not a parent but looking after the child and told to clean the child and get them ready for bed, does that make it worse, even if the person had no intention to injure the child and did not realise this would happen

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
It is neither abuse nor a Criminal Act - but it could be classed as negligence
Please ask if you need further details
Clare
Customer: replied 2 years ago.

In this instance cleaning the ear wasn't mentioned, but the person a relative took it upon themselves to clean the ear (however stupidly) whilst babysitting with the grandfather. Reading up on this cotton buds are apparently a big no no

what do u mean by negligence and how would it be prosecuted or dealt with? would the police or social services get involved if the mother and grandfather did not now trust the relative and say anything to protect thelmselves?

Is the negligence on the mother who left the child for babysitting or relative who did it. She is a british expat on holiday here for another week. Would social services take the child away or inform the father or authorities back there

Also the relative had been previously charged for dv against the grandfather but accepted a restraining order in lieu of dropped charges. Would this history go against the relative as someone of bad character likely to injure

I feel a mistake has been blown out of proportion and am very distressed about it. The moth

Expert:  Clare replied 2 years ago.
Hi
There is no question of involvement from Police or Social Services
The only potential legal involvement is that IF the child's ear drum was perforated and IF it was proved that this was caused by the ear bud THEN technically the child (via its parents) could claim compensation for the minor injury
Clare
Customer: replied 2 years ago.

Thanks clare, sorry just to finally clarify (its because I read so much on social services and courts and the parents are going through a divorce),

1. can I assume ur answer covers any potential injury from the ear bud.

2..the mother is not in trouble (such as for neglect or failure to protect), even if she left the child with a sibling of questionable history?

3.would your answer be the same if the mother or anyone else made an allegation that she believed this was intentional?

Its very difficult because you read so much about social services and how people enter nightmare scenarios.

Expert:  Clare replied 2 years ago.
Hi
1. Assuming that the cotton bud was used to clean the ear the yes
2. Not unless the sibling was under 16 or known to be a risk to children
3. If the ear bud was deliberately rammed in the ear with the intention of causing harm then clearly that would be an assault
Clare
Customer: replied 2 years ago.

sorry clare point 2 raises 1 more question

2. would the sibling be considered a risk to children if they had been accused of dv to their father (76 at the time) 2 years ago after the mothers death. Charges dropped after complainant changed story 3 times, but a 3 month restraining not to threaten was given on the basis the complainant wanted one ( but actually didn't)

fyi

1. yes it was only used to clean, or attempt to clean

3. it was not even rammed in, the child moved and then complained of ear pain. never any intention to cause any pain or harm.

Expert:  Clare replied 2 years ago.
Hi
No that does not make her a risk to children
Clare
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