In England, there is currently no overarching legal requirement for individuals to report child abuse. Government guidance on safeguarding advises that anyone with concerns about a child’s welfare should consider making a referral to local authority children’s social care, especially if there is a suspicion of significant harm. While this does not impose a legal requirement to report abuse, it creates an expectation for compliance unless there are exceptional circumstances.

High-profile abuse cases have sparked calls for mandatory reporting for professionals, like social workers and teachers; though some worry this could lead to excessive and superficial reporting. The Independent Inquiry into Child Sexual Abuse recommended the introduction of mandatory reporting. In April 2023 the Conservative Government committed to its introduction and after consultation a potential duty was proposed as part of amendments to the Criminal Justice Bill. A change in Government and mandatory reporting was off the table again.

On 29 July 2024, Baroness Grey-Thompson introduced a Bill to mandate reporting of known and suspected child sexual abuse by those responsible for children’s care. This Bill also aims to protect reporters from retaliation and establish a criminal offence for failing to report prescribed concerns. The Bill’s first reading marked the beginning of its legislative journey; it’s not moved very rapidly since introduction so the implementation of a duty does not appear imminent. It has similarities to previous recommendations but is not the same; its current proposals are considered further below.

The proposed duty

The core of the Bill is the introduction of a mandatory duty to report child sexual abuse. This legal obligation requires individuals working in regulated activities to notify the relevant authorities if they know or have reasonable grounds to suspect that a child is being or has been sexually abused. 

The duty to report child sexual abuse applies regardless of whether the abuse occurs, is alleged, or is suspected to have occurred within the setting of the activity or elsewhere.

Who the duty would apply to?

The mandatory duty to report child sexual abuse applies to individuals working in or providing regulated activities, as defined by section 6 of the Safeguarding Vulnerable Groups Act 2006.

The Bill’s Schedule outlines a comprehensive list of sectors and activities where mandatory reporting is required, including but not limited to educational institutions, healthcare providers, childcare providers, social care providers, youth offender institutions, organisations offering recreational activities for children, and transport services commissioned by providers of the listed regulated activities.

The Secretary of State has the power to make regulations to vary, add to, or delete from the list of activities in the Schedule, regardless of whether these activities are defined in any enactment as regulated activities involving children.

The operators of a setting where activities take place, along with staff employed in managerial or general welfare roles, are considered to be in a position of trust. They are deemed to have direct contact with children in their care, regardless of whether they have personally attended to these children. Other employed or contracted staff, as well as voluntary staff and assistants, are considered to be in a position of trust only if they have had direct contact with and have attended to the children during their tenure.

Children are deemed to be in the care of the providers of the activities listed in the Schedule under the following conditions:

• For operators of any setting where the activity takes place, and for staff employed by these operators in managerial or general welfare roles, the duty of care applies for the duration of their contractual or other binding obligations to accommodate or care for the children. This applies whether the children are residents or attend daily, regardless of where the activity is provided.
• For all other employed or contracted staff, as well as voluntary staff and assistants, the duty of care applies only during the periods when they are personally attending to the children in the capacity for which they were employed or contracted.

Process of the report

A report must be made as soon as practicable, but no later than seven days after the individual or organisation becomes aware of, or has reasonable grounds to suspect, the commission of sexual abuse. If the report is made orally, it must be confirmed in writing within seven days.

The Bill designates specific channels for making these reports, namely:

• The Local Authority Designated Officer (LADO),
• Local Authority Children’s Services, or
• Another designated point of contact within the Local Authority.

Exceptions

In exceptional cases, the Secretary of State has the authority to issue a suspension document to rescind or temporarily suspend the duty to report child sexual abuse for any specified child or children. This action can be taken if it is determined that fulfilling the duty would prejudice or compromise the child’s welfare, safety, or protection.

Furthermore, if it is deemed that the welfare, safety, and protection of children are better served, the Secretary of State may exempt any specified organisation that generally works with children and its members, or any specified medical officer, from complying with the duty to report child sexual abuse, provided that no allegations have been made against the entity or person.

Offences for failing to report

Failure to fulfil the duty to report child sexual abuse, as outlined by the Bill, constitutes an offence. A person found guilty of this offence is liable, upon summary conviction, to a level 5 fine on the standard scale, which is £5,000.

Additionally, any individual who causes or threatens to cause any detriment to a mandated person or to another individual, in connection with the mandated person’s actual or intended provision of a report under this Bill, is committing an offence. A person found guilty of this offence is liable, upon summary conviction, to a level 4 fine on the standard scale, which is £2,500.

Defences to the offence

There are specific circumstances under which failing to report child sexual abuse will not be an offence.

Firstly, if the Secretary of State has issued a suspension document, either temporarily or permanently, this serves as a valid defence. This document can apply to individual cases or exempt certain organisations and medical officers from the duty to report. 

Secondly, if someone else has already reported the known or suspected abuse to the appropriate authorities within the required seven-day period, this also constitutes a defence. 

Protection of the reporter

A crucial component of the Bill is the protection of the reporter. Individuals who make a report in good faith or who otherwise comply with the duties imposed by the Bill are protected from civil, criminal, and administrative proceedings. 

Moreover, the Bill requires that the identity of the reporter and the details of the report are held in strict confidence, minimising the risk of personal or professional retaliation.

Impact of the Bill

The introduction of mandatory reporting is expected to have a significant impact on professionals and organisations involved in the care of children. By imposing a legal duty to report, the Bill raises the level of accountability for individuals working in regulated sectors. Providers of activities will need to ensure that they have robust reporting mechanisms in place and that staff are trained to recognise and respond to signs of child sexual abuse.

However, the threshold for reporting is relatively low, as reasonable suspicion rather than definitive proof is sufficient. This low threshold could lead to overreporting, with professionals flagging even minor or ambiguous suspicions to avoid the risk of penalties. This could place a strain on child protection services, potentially overwhelming the system with reports that may not be substantiated. Striking the right balance between encouraging early intervention and avoiding unnecessary reports will be key to the Bill’s successful implementation.

Conclusion

The Bill represents a landmark shift in the UK’s approach to safeguarding children from sexual abuse. Unlike current guidelines, this Bill makes reporting a legal requirement rather than a recommendation, ensuring that professionals cannot simply overlook or handle abuse allegations internally. The objective is to foster a culture of transparency and accountability, making it clear that safeguarding children is a legal duty, not just a moral one. However, the success of the Bill will depend on effective implementation, including clear guidance on the threshold for reporting, adequate training for staff, and the availability of support for those making reports.

For professionals working with children, the Bill introduces a new level of responsibility and accountability. Failure to implement effective safeguarding policies could expose organisations to legal liability, not only for breach of statutory duties under the Bill but also for potential claims of negligence. Organisations should anticipate increased scrutiny of their safeguarding practices, and the need for regular audits and updates to training programs to remain compliant. 

As the Bill moves through Parliament, its potential impact will be closely monitored, and affected professionals will need to prepare for the changes it may introduce. The broader public and stakeholders will have a keen interest in whether the balance between protecting children and managing professional obligations is struck appropriately.