Questions over plans to water down mandatory reporting of child sexual abuse

In the IICSA’s final report to government in 2022, review chair Alexis Jay recommended that that the UK government introduce legislation which places certain individuals under a statutory duty to report child sexual abuse about which they have received a disclosure or which they have witnessed themselves.

However, following a second public consultation on the plan, the Home Office has said it considers “referrals to the Disclosure and Barring Service (and professional regulators where applicable) to be a more appropriate outcome” than criminal penalties for those found to have failed to report concerns.

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The government’s consultation response adds that any “individual who seeks to obstruct a reporter from carrying out their duty to report will face the prospect of up to seven years imprisonment”.

The new proposals will be included as an amendment to the Criminal Justice Bill, which is currently sitting before MPs.

Jay has described them as “a fudge and an opportunity missed”.

She told the BBC: “I am deeply disappointed in it and very much more so for the victims and survivors who had such high expectations that what the inquiry had recommended was going to be implemented.”

The National Secular Society added: “By not enshrining mandatory reporting in law, the government is failing to hold institutions accountable and protect children.”

However, the introduction of mandatory reporting of CSA has long split the children’s sector.

In its response to the consultation, the Association of Directors of Children’s Services warned that “a rushed, poorly scoped and under resourced policy could adversely affect the very children it seeks to protect if support is not available when sought and convictions are not forthcoming via the courts”.

The body also highlighted the potential impact of introducing a mandatory reporting duty on “on workforce recruitment and retention, which is extremely challenging across a number of key professions, destabilising vital public services.”

In its consultation response, the government states: “We believe that recruitment and retention issues can be appropriately managed through responsible messaging from workforce leads and commissioning bodies, particularly within sectors already subject to stringent child protection and safeguarding duties.

“An accurate and robust assessment of need provided by improved reporting is needed to ensure appropriate support services are commissioned.”

Overall, 350 responses to the consultation were received from organisations and individuals.

In its consultation document, the government adds: “We will consider implementation aspects of the mandatory reporting duty, drawing on the outcomes of this consultation, to ensure an effective and consistent roll-out.

“Upon the Criminal Justice Bill receiving Royal Assent, we will allow a necessary time period for impacted workforces to update relevant policies and processes (and undertake a process of familiarisation) before commencing the duty.”