The independent inquiry into child sexual abuse had a once-in-a-lifetime opportunity to make recommendations which, if implemented, will change the face of child safeguarding. Over the course of seven years, the inquiry investigated abuse in 15 different settings, including local authorities, churches and schools.
It’s worth noting the inquiry said that in the educational field, investigations found instances of teachers being dismissed for sexual offending but no referrals being made for their inclusion on lists of those unsuitable to teach children. Institutions were found to be more concerned with protecting an individual or their own reputation. If we are to safeguard children effectively, transparency and information sharing will be of the utmost importance.
The final report contains over 20 recommendations for reform, including for the establishment of a new child protection authority and a national redress scheme for those who have been let down by institutions in the past. The most pressing for schools and their staff however, concerns mandatory reporting.
This proposed change in the law would make it a requirement for people working with children to report allegations of child sexual abuse. This would include if they were informed of child sexual abuse, witnessed a child being sexually abused or observed recognised indicators of child sexual abuse. Under mandatory reporting regulations, to not report the allegation would be considered a criminal offence.
The new law would cover any person working in a regulated activity under the Safeguarding and Vulnerable Groups Act 2006, as well as anyone working in a position of trust (as defined by the Sexual Offences Act 2003).
The only exception to the rules would be if the child in question was aged between 13 and under 16 years of age and all of the following applied:
- The relationship between the parties is consensual and not intimidatory, exploitative or coercive;
- The child has not been harmed and is not at risk of being harmed;
- There is no material difference in capacity or maturity between the parties engaged in the sexual activity concerned;
- There is a difference in age of no more than three years.
For a child under the age of 13, a report must always be made.
Comprehensive training will be of central importance
If mandatory reporting is implemented, it would require comprehensive training for school staff on their responsibilities – particularly on the recognised indicators of child sexual abuse which have not yet been defined.
In addition, it would be important for schools to implement thorough reporting procedures, both to ensure the mechanisms were being used effectively and to protect staff who were following the law correctly.
The concept of mandatory reporting isn’t new. In fact it’s already the norm across most of Europe, as well as parts of the United States, Canada and Australia. It’s also overwhelmingly supported by the inquiry’s victims and survivors forum.
We know from successful prosecutions in other jurisdictions that this law is enforceable. However, like any criminal prosecution, it depends on the provision of good evidence. In other words, if a child said that they informed a teacher they were being abused, and no report had been made, a court would need to balance the evidence of different witnesses.
One danger schools should be aware of is that of teachers seeing something and failing to recognise it as child sexual abuse, and consequently being subject to prosecution for their ‘negligence’. Hence, comprehensive training for all staff to whom the new law would apply will be of central importance.
According to the office for national statistics, an estimated 3.1 million adults in England and Wales have been sexually abused before the age of 16. The number of children abused in a single year is around 500,000. Mandatory reporting laws would be an enormous step forward when it comes to protecting children.
The new government should make implementing these recommendations a priority and we, as adults, should be doing everything in our power to safeguard children from sexual abuse.
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