Source · Select Committees · Human Rights (Joint Committee)
Recommendation 23
23
Rejected
We welcome the introduction of mandatory reporting of child sexual abuse, which represents an important...
Conclusion
We welcome the introduction of mandatory reporting of child sexual abuse, which represents an important step forward for protection of children’s human rights. However, we are concerned that the scope of the duty and particularly the consequences of breach may not do enough to provide effective protection against child sexual abuse. While concerns about making a failure to comply with the duty to report a criminal offence are understandable, the alternative proposed in the Bill risks a failure to comply having little or no consequence. This could undermine the efficacy of the duty to report. (Conclusion, Paragraph 162)
Government Response Summary
The government rejects the concern that current consequences for failing to report child sexual abuse are insufficient, explaining that applying criminal sanctions could create a negative culture and instead highlights referrals to the DBS and professional regulators as effective measures.
Government Response
Rejected
HM Government
Rejected
Our aim in delivering mandatory reporting is to create a culture of support, knowledge and openness when dealing with child sexual abuse. Applying criminal sanctions to a failure to report could instead create a defensive, fear and blame based culture across the child protection sector. That is why we consider it more appropriate for those who fail to discharge their duty to face referral to the Disclosure and Barring Service (DBS), and professional regulators where applicable. These bodies can prevent individuals from working with children – an outcome that is not only a serious personal consequence, but also essential to protect children from those who have demonstrably failed to uphold safeguarding responsibilities. The Bill sets out a new criminal offence for individuals who prevent or deter an individual from making a report under the mandatory reporting duty. This will ensure those responsible for ‘cover-ups’ rightly face a criminal penalty for their actions. Our decision to take this approach was carefully considered, and is supported among others by the NSPCC, the Lucy Faithfull Foundation and the Centre of Expertise on Child Sexual Abuse. The Government will continue to work with stakeholders and experts in the child protection space to ensure concerns around the implementation of this important reform are managed effectively. We will review the effectiveness and wider impact of the duty in due course, and any necessary adjustments will be made to ensure the best possible outcomes for children and young people. We understand the Committee’s concern around consequences being dependent on referrals from employers or managers. However, anyone, not just employers, can make a referral to the DBS in respect of child safeguarding concerns. This ensures that safeguarding concerns can be escalated even in cases where internal mechanisms are deficient, or reputational pressures exist. Furthermore, the Bill amends Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 to specify that failure to comply with the duty is conduct which may lead to inclusion on the children’s barred list. When employers or personnel providers think that an individual has engaged in relevant conduct, they are under a legal duty to refer that person to the DBS.