Calls To Make Reporting Child Abuse A Legal Requirement

Most Western European countries have a system of mandatory reporting for those that work with children and other vulnerable individuals.

Mandatory reporting is a legal requirement for individuals working with children to report any suspicions or incidences of abuse/neglect.  

The Council of Europe has strongly recommended that all countries on the continent should implement mandatory reporting.

But the UK, along with several other countries, still do not have this system in place.  

If you have children in your life, it’s probably a shock to learn that there is no legal basis to report abuse. 

It’s not currently a legal requirement 

Under current rules, the reporting of child abuse or neglect, by those working with children, is not a legal requirement.

Under current UK law only the following three groups have a mandatory responsibility to report abuse: 

• Local authority social workers 

• Health and social service board social workers (Northern Ireland) 

• Police officers 

This means that many job roles, such as teachers, aren’t legally obligated to report suspicions that a child is in need of care and protection. 

Regulatory and Statutory Requirements

While there is no legal mandate for the reporting of child abuse, there are both statutory and regulatory requirements. 

Professions like teaching and healthcare are expected to report abuse as part of their professional obligation under their professions’ code of conduct. They are not, however, required to report abuse as a matter of law. 

The statutory framework ‘Working together to safeguard children’ states “everyone who works with children has a responsibility for keeping them safe”. It goes on to add “anyone who has concerns about a child’s welfare should make a referral to local authority children’s social care and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so.” 

In theory, this means that anyone who has knowledge of or suspicions of child abuse should report it to their local authority. However, the framework doesn’t go as far as to make it a statutory requirement for most people.  

The lack of a legal mandate means those that do not report child abuse, in most cases, will only be subject to disciplinary proceedings from their employer, for misconduct.

Under the current rules, there are no criminal sanctions that can be raised, except in specific circumstances. Such as when another crime has been committed.  

Calls for Change

Last month, the Independent Inquiry into Child Sexual Abuse (IICSA), published its final report. One of the key recommendations from this report was to create a system of mandatory reporting. 

They recommend introducing ‘mandated reporters’ - individuals 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. 

Under IICSA’s recommendations, mandated reporters would include: 

• Any person working in regulated activity in relation to children (under the Safeguarding and Vulnerable Groups Act 2006). 

• Any person working in a position of trust (as defined by the Sexual Offences Act 2003). 

• Police officers. 

Despite these recommendations, it's unclear whether UK Government will implement mandatory reporting.  

Based on previous recommendations in 2016, the Government decided against the introduction of mandatory reporting.

This was because their research had found that many believed the introduction of a mandatory reporting regime would in fact negatively impact child protection.  

In response to the final report, Home Secretary Grant Shapps has said: 

“I am incredibly grateful to the thousands of victims and survivors who have bravely come forward to share their experiences with the inquiry, their bravery will not be forgotten. 

I will keep their voices front and centre in everything I do and I will ensure that the findings of the inquiry, and their invaluable testimonies, are acted upon. 

To date, we have already taken action to tackle this abhorrent crime and learn from the lessons of the past, but I know there is much more to do. This is the start of a new chapter in our efforts to put an end to this terrible crime. 

I want to give assurances – where we can act quicker, we will. I will use all available levers to protect our children, to improve the law enforcement and criminal justice response, provide the support victims and survivors deserve and ensure all institutions and leaders are properly held to account.” 

The government intends to provide a full response to the inquiry’s report within the next 6 months.  

All government responses to recommendations from the inquiry’s previous reports to date have been published and can be found on the The Independent Inquiry into Child Sexual Abuse (IICSA).