Closed consultation

Mandatory reporting of child sexual abuse consultation

Published 2 November 2023

Applies to England

Consultation details

This consultation seeks the views of:

1. Persons undertaking regulated activity in relation to children (under the Safeguarding and Vulnerable Groups Act 2006, as amended).

2. Persons in a position of trust (as defined by the Sexual Offences Act 2003).

3. Volunteers who would be undertaking regulated activity in relation to children if they were unsupervised.

4. Police officers.

5. Youth justice agencies (including the Youth Custody Service and Youth Justice Board).

6. Local authorities; including children’s social care workers.

7. Healthcare providers and NHS Trusts.

8. NHS England, directors of public health and integrated care boards.

9. Inspectorates and regulators.

10. Education settings and workforce, including schools, early years, school age childcare and Further education.

11. Children’s activity settings and out of school settings and their workforces (such as children’s sports, drama, arts, and music clubs, tuition centres and private tutors, supplementary schools, and religious settings offering education and activities in their own faith).

12. Civil society and youth organisations (charities, voluntary, community and social enterprises).

13. Professional organisations such as the Royal College of Paediatrics and Child Health, the BMA etc.

14. Academics and research institutions such as what works centres.

15. Members of the public.

This consultation begins on 2 November and ends on 30 November 2023.

Publication of response

A paper summarising the responses to this consultation will be published within 12 weeks of this consultation closing.

Enquiries, complaints or comments

IICSA Response
Tackling Child Sexual Abuse Unit
Home Office
5th Floor, Fry Building
2 Marsham Street
London SW1P 4DF

Email: mr_csa@homeoffice.gov.uk

Alternative format versions of this publication can also be requested.

Confidentiality

Information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA), the UK General Data Protection Regulation (GDPR) and the Environmental Information Regulations 2004).

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Home Office.

The Home Office will process your personal data in accordance with the DPA and in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Consultation principles

The principles that government departments and other public bodies should adopt for engaging stakeholders when developing policy and legislation are set out in the consultation principles.

How to respond

To help us analyse the responses please respond online whenever possible.

If for exceptional reasons, you are unable to use the online system, for example because you use specialist accessibility software that is not compatible with the system, you can fill in a Word document version of the survey questions and email it back to us.

Or you can print it and post it back to the address above.

Executive summary

In its seven-year investigation the Independent Inquiry into Child Sexual Abuse (IICSA) gathered evidence from many victims and survivors of child sexual abuse who made disclosures or presented information to a responsible adult, with no action being subsequently taken to inform the relevant authorities. This included cases where perpetrators continued to have access to children, despite senior leaders being aware this put children in harm’s way. A common reason for these failures was the prioritisation of protecting an individual or institution from reputational damage over the safety and wellbeing of children. The Inquiry noted that this was particularly marked in closed communities or organisations with a culture of strict deference to hierarchy or moral / spiritual authority.

In its final report, the Independent Inquiry recommended that government introduce a legal requirement for certain people to report child sexual abuse when:

• they are told about it by a child or perpetrator
• they witness it happening
• they observe recognised indicators of child sexual abuse

In April 2023 the Home Secretary announced that the government would seek to deliver a ‘mandatory reporting’ duty as soon as possible. The Home Office published a call for evidence on the implementation of such a duty on 22 May, which concluded on 14 August. This sought views on how a duty to report child sexual abuse might affect children, organisations, workplaces and volunteers. It received over one thousand responses.

Further to the views which have been collated through the call for evidence, the government is launching this consultation to set out proposals for delivering a mandatory reporting duty and test a small but significant set of undecided policy questions. A single government response addressing both of these consultation exercises will be published in due course.

We are particularly seeking views from respondents on:

• how the government should define who is subject to the duty
• what protections should be in place for reporters
• a limited circumstances in which the reporting duty may not apply
• what sanctions should apply in respect of the duty

We are also seeking the views of respondents on what will need to be put in place to support those who will be subject to the new duty to discharge it effectively and create the right conditions for this change to have the greatest impact for those it is designed to protect: children who have been sexually abused. The responses to the call for evidence were instructive in surfacing the range of issues for consideration and resolution before the duty is implemented, including reporting processes, training, and guidance. We acknowledge these challenges, and the need to address them across the wide range of circumstances in which mandated reporters are likely to operate.

A consultation impact assessment has been prepared which indicates that certain groups are likely to be particularly affected by the introduction of a mandatory reporting duty. The proposals may lead to additional costs for businesses, charities and the voluntary sector, and the public sector.

Comments on the consultation impact assessment are very welcome.

About this consultation

The consultation is particularly aimed at those engaging with children and young people through regulated activity or positions of trust (including in the charity, voluntary and community sectors), those involved in the criminal justice system and, more generally, individuals and groups engaging with children and supporting those affected by child sexual abuse. However, the above list is not meant to be exhaustive or exclusive, and responses are welcomed from anyone with an interest in or views on the subject covered by this paper.

The geographical scope of the mandatory reporting duty and this consultation is England. The proposals include a specific penalty for obstructing a mandated reporter in England from carrying out the duty, which as a criminal offence would apply to individuals in England and Wales.

This consultation relates to a sensitive and distressing topic. It is not in itself designed to capture disclosures of, or concerns around, incidents of child sexual abuse. Such concerns should be reported directly to the police or your local children’s services. You can also get advice or report your concerns anonymously to the NSPCC by phoning its free helpline on 0808 800 5000; or by email.

Under the Home Office’s established protocols, we will refer any disclosures of child sexual abuse to the police for their consideration. Further information about how your response and any personal data will be handled can be found under ‘Confidentiality’.

Mandatory reporting of child sexual abuse

The Inquiry’s recommendation

Across seven years of investigation, the Inquiry heard the important testimonies and lived experience of over 7,300 victims and survivors, as well as considering the government’s 2016 consultation on mandatory reporting of abuse and neglect. The evidence the Inquiry considered, which ranged from historical to contemporary accounts, demonstrated that when abuse was disclosed individuals and institutions often thought children were lying. In some cases, reputational concerns were prioritised over the safety of children, despite allegations or actual knowledge of sexually abusive behaviour. In others, a culture of indifference led to a succession of missed opportunities to intervene in the life of a vulnerable child. Appallingly, some victims testified to being mocked and bullied by safeguarding professionals when they directly disclosed details about the sexual abuse they suffered. Many more set out that inadequate and negative responses to their disclosures meant they never wanted to talk about their experiences again.

After considering the issue across several of its investigations, the Inquiry recommended in its final report to government that a mandatory reporting regime should be established in respect of child sexual abuse cases. The duty proposed by the Inquiry would apply where a victim or an abuser discloses that a child is being sexually abused, as well as in cases where child sexual abuse is witnessed, or signs are observed that indicate that a child has been sexually abused. It would be a criminal offence to fail to report a disclosure or witnessed incident of child sexual abuse. The scope of the Inquiry’s recommendation is broad, applying to anyone undertaking regulated activity with children, persons in positions of trust and police officers. The Inquiry’s final report also sets out that specific protections should be in place for those under the duty when reports are made in good faith. The recommendation is reproduced in full in the annex to this document.

Call for evidence

We are grateful to everyone who engaged with the call for evidence, whether by completing the online questionnaire or submitting written comments and research papers. Through this exercise, the government has been able to consider a wide range of perspectives and ideas to develop the proposals set out in this paper.

The call for evidence demonstrated several areas of broad agreement with the Inquiry’s recommendation. For example, the range of reporters recommended by the Inquiry was generally considered to be appropriate. Many noted the wider potential benefits of a new duty, for example in terms of improving awareness of child sexual abuse and giving young people greater confidence they will be listened to. Other positive impacts discussed include delivering culture change through greater accountability for organisations, reducing the likelihood of institutional ‘cover-ups’ and scapegoating of individuals. There was also agreement on the critical importance of ensuring the new duty contains appropriate protection for individuals who are making their reports in good faith.

There were also points on which opinions were mixed. Respondents were split on whether breaching the duty should be a criminal offence, with many saying different forms of punishment should be available based on the context and severity of failures. While the Inquiry recommended that the duty exclude non-harmful relationships between young people from reporting, respondents were divided on the question of there being exceptions to the duty more generally. While most agreed that young people should not be criminalised for being in a consensual relationship, there was widespread recognition that understanding and making judgements on relationships between young people could be highly challenging for those tasked with reporting. Views were also split on the question of what should be reported. Those who believed reporters should only be under a duty to report when they are directly told of sexual abuse by a child or perpetrator (or witness it themselves) often mentioned the need for clarity and consistency in order to deliver a manageable system. Respondents who believed that individuals under the duty should also make a report when they observe ‘recognised indicators’ of sexual abuse often highlighted the importance of early identification preventing more severe harm (with widespread recognition however that identifying the indicators of sexual abuse is a sensitive and complex task even for well-trained professionals).

Many respondents expressed concern around the potential negative impacts of implementing a new duty, from overburdening public services, lowering the quality of referrals to safeguarding agencies and reducing the amount of ‘safe spaces’ available to children and young people who may wish to discuss sexual abuse in confidence. There were also concerns raised around the potential for a new duty to be misused through false and malicious reporting. Comments on these points were generally in agreement that there would be a strong need for guidance and training relating to the new duty as well as clear, consistent processes and thresholds.

Government proposals

The duty described in this paper considers the depth of the Inquiry’s research alongside the insights and perspectives of those who will now be tasked with its delivery. It aims to give those working with children a clear requirement to act should they witness or receive a direct disclosure of child sexual abuse; while also encouraging organisations to inform their staff or volunteers about these responsibilities in good time.

In developing proposals to fulfil the government’s commitment to introduce mandatory reporting, we have had regard to the following objectives:

• meet the Inquiry’s aims of addressing the long-term under-reporting of child sexual abuse and institutional failures in reporting abuse, and starting a national conversation about this widespread but frequently overlooked crime
• ensure better support and protection for victims and survivors of child sexual abuse
• upskill those working with children to give greater clarity on what child sexual abuse is, and both individual and organisational responsibilities in relation to it
• ensure those with the greatest responsibility for organisational failures or ‘cover-ups’ face an appropriate penalty for their actions, whilst also ensuring that the proposed sanctions do not create a ‘chilling effect’ on workforces / volunteers, nor create a harmful burden on organisations responsible for the safety of children

We want to build on the strong foundation of relevant statutory guidance (including Working Together to Safeguard Children, Keeping Children Safe in Education, Statutory framework for the early years foundation stage), which already makes clear that professionals should report child sexual abuse. Our proposed duty seeks to introduce appropriate sanctions to secure better compliance with these expectations. We also expect the duty to provide a catalyst to ensure that those engaging with children are equipped and trained to better recognise and respond to child sexual abuse by incentivising organisations and professional bodies to ensure those they regulate and / or employ have the knowledge and skills to comply.

We recognise the concerns that many may have about how the new duty will operate, particularly in respect of the proposed sanctions, and what it will mean for them individually. We appreciate the significance of any change to our well-established safeguarding systems. We have kept the scope of what must be reported narrow so that mandated reporters are not required to make challenging judgements about signs and behaviours which may indicate child sexual abuse is taking place. However, we also recognise the concerns others may have about the perceived limitations of the duty and potential lost opportunities to identify child sexual abuse and intervene at an early stage. To assuage both broad sets of concerns, the government is committing to:

1. Allow sufficient (but not open-ended) time to establish referral processes and safeguards, and for affected workforces to undertake appropriate training, before commencing the duty. We will, among other things, use the responses to this consultation to inform plans for implementation of the duty.

2. Evaluate the operation of the duty after a specified period following its commencement, which will consider the impact of the duty on outcomes for children and young people and system operations.

3. Maintain ongoing stakeholder engagement to inform the requirements for the commencement of the duty and to assist in informing the review of the operation of the duty.

Who the duty should apply to

1. The duty should apply to any person undertaking regulated activity in relation to children (under the Safeguarding and Vulnerable Groups Act 2006, as amended) and any person in a role considered relevant to the duty. A list of these roles will be set out in due course.

2. Organisations which engage with children through the above categories should notify relevant individuals of their responsibilities under the duty.

What should be reported

3. Those subject to the duty must make a report when, in the course of undertaking regulated activity or one of the specified roles, they receive a disclosure of child sexual abuse from a child or perpetrator; or personally witness a child being sexually abused. The duty will not apply outside of the relevant activity or role, though in all cases best practice and / or relevant guidance on reporting concerns should be followed.

For the purposes of the duty, ‘child sexual abuse’ should be interpreted as any act that would be an offence under the Sexual Offences Act 2003 where the alleged victim was under the age of 18 at the time the abuse occurred; and ‘witnessing’ child sexual abuse should include viewing indecent images of children.

A report will not need to be made under the duty if those involved are between 13 and 16 years old, the relationship between them is consensual and there is no risk of harm present.

Process for reports

4. Reports should be made to either local authority children’s services or the police as soon as reasonably practicable.

Territorial extent of the duty

5. The territorial extent of the duty to report is England only. Subject to the conditions of point 3 (above), abuse which relates to a child normally resident in other jurisdictions will be reported under the duty, though the subsequent action taken may follow different processes.

Consequences of breaching the duty to report

6. Breaches of the duty to report will be subject to referral to the Disclosure and Barring Service for barring consideration using existing arrangements under the Safeguarding Vulnerable Groups Act 2006. Barring decisions will take account of representations made by the individual.

7. All regulated professionals and teachers who are subject to the duty, including those working in private education and healthcare settings, will also be at a minimum subject to professional sanctions to be determined by the appropriate regulating body.

Preventing reports from being made

8. Anyone who obstructs or delays a mandated reporter from making a report under the mandatory reporting duty (or attempts to do so), for example through destroying or hiding evidence; applying pressure, threats, bribes or blackmail will be guilty of a criminal offence, which will be included on the list of automatic barring offences. As a result, all convictions will result in a referral to the Disclosure and Barring Service (DBS); barring decisions will take account of representations made by the individual.

Exemptions

9. As above (point 3), a report will not need to be made under the duty if those involved are between 13 and 16 years old, the relationship between them is consensual and there is no risk of harm present.

Protections for reporters

10. The duty will set out that individuals are protected from any repercussions by their employer or wider organisation as a result of a making a report in good faith; or alerting appropriate authorities that a report which should have been made under the duty has been withheld.

11. We will also set out that reports made under the duty do not breach any obligation of confidence owed by the person making the disclosure, or any other restriction on the disclosure of information.

Future development and guidance

12. We will set out detailed guidance on the implementation and operation of the mandatory reporting duty. For example, this might include actions which should be taken by reporters when observing recognised indicators of child sexual abuse; annual reporting for organisations; and how the duty interacts with other reporting requirements.

13. We will evaluate the effectiveness of the mandatory reporting duty and the impact it has had on children and young people after a suitable period of operation.

14. We will continue to work with those impacted to ensure sufficient time is provided to put in place new processes and training ahead of the duty’s implementation. This will include how the new duty interacts with existing reporting structures or referral routes.

Aims and objectives of this consultation

In developing the proposals in this paper, we have considered the points set out below:

Who the duty should apply to

The Inquiry recommended that the duty apply to persons engaging in regulated activity, persons occupying positions of trust and police officers. We agree that regulated activity in relation to children should form the foundation of those subject to the duty. However, we are proposing to set out a bespoke list of additional roles which should be subject to the duty, rather than relying on the positions of trust legislation. As part of this, we are considering how we might include policing.

Whether the duty should apply to known or suspected incidents

The Inquiry recommended that a mandatory reporting duty apply in cases where a reporter is told about abuse, witnesses abuse or recognises signs which may indicate abuse is taking place. We believe that the duty should be limited to disclosures (where a child or perpetrator tells the reporter about child sexual abuse directly) and incidents they have personally witnessed. This means that breaching the duty will involve deliberate inaction in the face of disclosures rather than a subjective assessment of indicators; and acknowledges the strong feedback we have received that recognising child sexual abuse is likely to be difficult for those without formal training or who see children infrequently. We recognise the importance of supporting people to recognise indicators of abuse and will continue our work to upskill those working with children through training and awareness raising.

What the consequences of failing to report should be

The Inquiry stated that failure to report disclosures or witnessed incidents should be a criminal offence. A number of respondents to the call for evidence suggested that sanctions for breaching the duty should be determined and imposed by professional regulators for those in regulated professions. All mandated reporters, whether professionally regulated or not, will be referred to the Disclosure and Barring Service (DBS) for discretionary barring consideration.

We are testing the view that non-criminal sanctions might provide more proportionate penalties which take account of the different levels of responsibility and experience applicable to the wide range of people who undertake regulated activities in relation to children, including volunteers. These could ensure that each case will be individually considered by regulating bodies and/or the DBS, organisations which have a wealth of experience in assessing behaviours which indicate a future risk to children and implementing a proportionate response. The toughest sanction for breach by a regulated professional would be potential loss of livelihood where this is deemed appropriate by the regulating body, while for others it would mean they would no longer be able to volunteer with, or support, children.

It is not our intention for the duty to inappropriately criminalise those working with children, often in challenging circumstances. In addition to the mandatory reporting duty, there will be a separate criminal offence reserved for anyone who deliberately obstructs an individual from carrying out the duty through (for example) destroying or concealing evidence or applying pressure on an individual to prevent them reporting. More must be done to address the identification and underreporting of child sexual abuse, and we see the introduction of this duty as an important step in improving awareness and reporting cultures.

What exemptions should apply to the reporting duty

The Inquiry sets out the view that a consensual relationship between young people should not be considered child sexual abuse in the absence of coercion or significant differences in age or maturity, and an exception should be made under the duty in such circumstances. We will therefore establish an exemption to the duty for consensual peer relationships, and provide additional support in addressing this complex area, in future guidance.

The Inquiry did not set out any further exceptions which should apply to the reporting duty. However, we are interested in your views on whether there are other circumstances in which a report may not need to be made.

What protections will be in place for mandatory reporters

We are proposing that the duty includes specific protections for individuals when reports are made in good faith. As well as protections against repercussions on the basis of having made a report (or having raised that a report has not been made), this could include providing clarity on the ability to share information for the purposes of safeguarding a child or young person irrespective of other data protection or confidentiality requirements.

We acknowledge that the implementation of this duty will require considered and sensitive handling and the government will work closely with those affected to ensure that it is effective. We are therefore inviting respondents to give their views on the specific options which are set out in the questionnaire.

Annex: Mandatory reporting recommendation (IICSA)

Recommendation 13: Mandatory reporting

The Inquiry recommends that the UK government and Welsh Government introduce legislation which places certain individuals – ‘mandated reporters’ – under a statutory duty to report child sexual abuse where they:

• receive a disclosure of child sexual abuse from a child or perpetrator; or
• witness a child being sexually abused; or
• observe recognised indicators of child sexual abuse

The following persons should be designated ‘mandated reporters’:

• any person working in regulated activity in relation to children (under the Safeguarding and Vulnerable Groups Act 2006, as amended)
• any person working in a position of trust (as defined by the Sexual Offences Act 2003, as amended)
• police officers

For the purposes of mandatory reporting, ‘child sexual abuse’ should be interpreted as any act that would be an offence under the Sexual Offences Act 2003 where the alleged victim is a child under the age of 18. Where the child is aged between 13 and under 16 years old, a report need not be made where the mandated reporter reasonably believes that:

• the relationship between the parties is consensual and not intimidatory, exploitative or coercive; and
• the child has not been harmed and is not at risk of being harmed; and
• there is no material difference in capacity or maturity between the parties engaged in the sexual activity concerned, and there is a difference in age of no more than three years

These exceptions should not, however, apply where the alleged perpetrator is in a position of trust within the meaning of the 2003 Act. Where the child is under the age of 13, a report must always be made.

Reports should be made to either local authority children’s social care or the police as soon as is practicable.

It should be a criminal offence for mandated reporters to fail to report child sexual abuse where they:

• are in receipt of a disclosure of child sexual abuse from a child or perpetrator; or witness a child being sexually abused

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