Government Launches Call for Evidence on the Mandatory Reporting of Child Sexual Abuse
In its criticised response to the Final Report of Independent Inquiry into Child Sexual Abuse published on 21 May, the Government committed to introduce a mandatory reporting duty for those working with children in England to report child sexual abuse.
On the same day, the Home Secretary, Suella Braverman KC, launched a twelve-week call for evidence, to help it determine how best to implement this.
Background of the Report
The final report of the Independent Inquiry into Child Sexual Abuse (IICSA) was published late last year. The report represents the culmination of the Inquiry's extensive review of the extent to which state and non-state institutions failed in their duty of care to protect children from sexual abuse and exploitation. IICSA has made a number of recommendations for reform.
One of its key recommendations is that it should be a criminal offence for people working with children to fail to report child sexual abuse to the local authority or police.
Mandatory Reporting
While many employers may already expect a member of staff to report abuse or concerns and, indeed, may document this in policies or procedures and/or contracts, the change which is proposed is to make it a statutory requirement and one which has criminal sanctions for breach.
The Inquiry and the majority of victims and survivors called for the Government to legislate in order to place so-called 'mandated reporters' under a statutory duty to report child sexual abuse where they receive a disclosure from a child or perpetrator, where they witness child sexual abuse, or where they observe recognised indicators of child sexual abuse in order to better protect children.
The Government accepts the need for mandatory reporting and has agreed to implement a mandatory reporting regime which will be informed by a full public consultation beginning with the call for evidence and leading to a consultation later this year on a shortlist of developed policy options.
The recommendation is for any person working in 'regulated activity' to be a mandated reporter, along with any person working in a position of trust, and all police officers. It is proposed that child sexual abuse is defined with reference to the offences set out in the Sexual Offences Act 2003 (which is widely drawn and includes assault which is any form of unlawful touching).
The Inquiry's recommendation is for mandated reporters to be committing a criminal offence if they fail to report child sexual abuse where they are in receipt of a disclosure of abuse or where they witness a child being abused.
Call for Evidence
The Government has said that this is targeted at those working with children and young people in regulated activity or positions of trust, those involved in law enforcement and more generally those groups supporting those affected by child sexual abuse.
It wants to understand whether the proposed duty should be targeted on child sexual abuse (as recommended by IICSA) or be extended to cover other forms of abuse and neglect. It also wants to understand the potential impact on children and young people who may seek to make disclosures, as well as organisations involved in victim support.
A key concern for employers and staff is likely to be the idea of individual criminal liability attaching to a failure to report. The Government is seeking views on what exemptions should apply, whether accountability should be at organisational or personal level (or both) and what the consequences of a failure to report should be. The call for evidence states that the level and manner of sanctions applicable to any breach of the duty will be a key consideration.
The call for evidence is open until 14 August 2023.
