Legal Update: In a Nutshell - Mandatory reporting requirement for FGM
Coram Children's Legal Centre
Tuesday, March 3, 2015
The government responds following its consultation on whether to introduce a mandatory reporting requirement for FGM cases.
Following a public consultation, the government has announced that it will introduce a mandatory reporting requirement for female genital mutilation (FGM) through amendments to the Serious Crime Bill. Its next steps are outlined in its report, Introducing mandatory reporting for female genital mutilation consultation - summary of responses, and include placing multi-agency guidance on FGM cases on a statutory footing.
What FGM cases will be covered by the reporting duty?
The mandatory reporting requirement will cover cases of "known FGM" - instances of FGM that are disclosed by the victim and/or are visually confirmed. The government states that the statutory duty would not change the current approach to responding to suspected or "at risk" cases of FGM, such that professionals would continue to refer cases in accordance with the multi-agency guidelines on FGM and within the existing safeguarding framework.
What age group of victims will be covered by the duty?
The government had asked for views on whether the reporting duty should be limited to cases concerning under-18s. The responses were evenly split (35 per cent each way) between those who agreed and disagreed with limiting the duty to children. Noting concerns about the possibility of the duty deterring women from seeking medical advice, the government decided to limit the duty to victims under the age of 18 years.
Who will have the duty to report?
In line with 54 per cent of the responses to the consultation, the reporting duty will be placed on teachers, and healthcare and social care professionals. Rather than introduce a new obligation on professionals to search for visual evidence of FGM, the government stated that professionals would only be required to report cases of known FGM that they encounter while performing their usual professional duties.
To whom should the reports be made?
Mandatory reports will be made directly to the police, as FGM is a criminal offence. The government noted responses highlighting the need for a simple and consistent reporting duty and emphasising the criminal and child protection aspects involved in FGM cases. But the government decided the police would liaise with the relevant bodies after the matter had been reported to ensure the most appropriate response.
Is there a time limit to the reporting requirement?
The government will introduce a maximum time limit of one month after disclosure/identification for the case to be reported to the police, although a longer time limit may be permissible in "exceptional cases where a professional is concerned that a report to the police may result in an immediate safeguarding risk to the child and considers that consultation with colleagues or other agencies is necessary prior to the report being made". The government states that it will introduce guidance on this point.
What are the consequences for failing to report?
Persons who fail to report when the duty arises will be dealt with through "existing disciplinary frameworks".