1 in 20 children are sexually abused. But that’s only a conservative estimate.

Become the person a child can tell. If you don’t, who will?

A gap in the law

In England, there is no legal obligation to report known or suspected child abuse to a local authority (except for FGM). This allows individuals and institutions to turn a blind eye to abuse without consequence. The lack of a statutory duty creates confusion regarding safeguarding responsibilities. Although the government guidance encourages reporting, it is not enforceable by law. It is therefore optional. Wales has established a legal duty to act, but it lacks penalties for non-compliance, making it similar to the English system. In plain language, it has no teeth.

Why change is necessary

Numerous Serious Case Reviews reveal systemic failures in reporting child sexual abuse. The Jay Report, which addressed the Rotherham CSE scandal, highlighted that "no one can say 'we didn't know'." Currently, non-legal reporting duties are easily ignored and often misunderstood. They are filled with ‘could’, ‘should’, and ‘would’, but no ‘must’. Some of our team at Beam Project have firsthand experience of professionals who had firm reason to suspect that we were being abused yet failed to act. This hesitation to make a referral stems from various reasons, including a lack of clarity on how to respond to new information. A clear legal obligation to report abuse could foster a cultural shift and has been shown to significantly increase genuine reporting rates in jurisdictions with mandatory systems.

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Advocacy and ongoing efforts

Siobhan has actively participated in seminars on mandatory reporting organised by the Independent Inquiry into Child Sexual Abuse (IICSA), advocating for a legal duty for professionals to report known or suspected cases of child sexual abuse.

A 2018 government consultation on this topic reaffirmed the commitment to the current non-mandatory framework, disappointing advocates who submitted compelling research that was not considered. This growing body of research on how the introduction of mandatory reporting laws improve outcomes for children, from both a detection and service provision point of view, is discussed in our 2018 report into this issue.

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The situation as of July 2024

The Independent Inquiry into Child Sexual Abuse (IICSA) strongly recommended the introduction of mandatory reporting, recognising that the existing voluntary framework is inadequate for protecting vulnerable children. Research has shown that, in instances where individuals are aware of abuse but choose not to report it, significant harm can result. This was highlighted in the Inquiry’s findings.

However, the government’s recent proposal for legislation has fallen short of what we need. It includes two peculiar clauses that undermine its effectiveness:

1.
The ‘bystander clause’

The proposal states that individuals are not required to report suspected abuse if they believe that someone else will do so. This clause could create a dangerous assumption among professionals, leading to inaction and leaving vulnerable children without the protection they need. It shifts the responsibility away from individuals who may have firsthand knowledge of the abuse, effectively allowing them to remain passive.

2.
The ‘best interests’ clause

The legislation also includes a provision that exempts individuals from reporting if they believe that doing so would not be in the child’s best interests. This subjective judgement could lead to significant variability in how abuse cases are handled, potentially putting children at risk. Professionals might hesitate to report out of fear of misunderstanding what constitutes the child’s best interests, further complicating their safeguarding responsibilities.

These clauses highlight the need for stronger legislation that prioritises the safety and welfare of children above all else. The current proposals do not provide the clear, mandatory obligation that is necessary for effective reporting and safeguarding. We continue to push for legislation that removes ambiguities and ensures that every case of suspected abuse is reported without delay.