Mandatory Reporting Duty for Child Sexual Abuse Call for Evidence and Consultation response has been published today. The response is available at: Child sexual abuse: mandatory reporting – GOV.UK (www.gov.uk) 

As the Response sets out, the Mandatory Reporting Duty (MRD) is similar to the proposal which we consulted on in late 2023, but with some important changes as a result of your feedback. In summary: 

· The duty will apply to any person undertaking regulated activity in relation to children and any person in a role considered relevant to the duty.

· Those subject to the duty must make a report when, in the course of undertaking regulated activity or a specified role, they receive a disclosure of child sexual abuse from a child or perpetrator; or witness a child being sexually abused. 

· The definition of ‘disclosure’ will include non-verbal ways of communicating in order to include non-verbal children, those with special educational needs or those experiencing language barriers. 

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

·  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.​ 

· The duty will apply only to perpetrators aged 18 or over. This policy aims to strike a balance between protecting victims and preventing the over-criminalization of minors seeking help. 

· There will also be an exemption to reporting for confidential helpline services in order to minimise the risk of leaving children with no place to turn to for advice.  

· Breaches of the duty to report will be subject to referral to the Disclosure and Barring Service for barring consideration. Regulated professionals who are subject to the duty, including those in private education and healthcare settings, will also be subject to professional sanctions as determined by the appropriate regulating body. 

· Anyone who attempts to obstruct or delay a mandated reporter from making a report under the mandatory reporting duty will be guilty of a criminal offence, which will be included on the list of automatic barring offences. ​ 

· Individuals are protected from any repercussions 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. 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.​ 

We have worked hard with other government departments to ensure that the duty better protects children and isn’t aimed at unnecessarily criminalising those with responsibility for them. The criminal penalty will only apply where someone deliberately tries to cover up child sexual abuse by preventing reports being made and there are allowances for teen perpetrators in order to encourage them to seek help.  

We recognise that there is still more to do. We continue to work to raise awareness of child sexual abuse and strengthen the child protection system through our reforms set out in Stable Homes, Built on Love. In particular, we are also working to develop implementation plans so that there is appropriate support for those subject to the duty once it is commenced. We hope to be able to work more collaboratively as we turn to looking at implementation and will be setting up a round of calls which will both provide an opportunity for you to ask questions and share your views on the MRD, as well as hear our early thoughts on implementation. Please look out for the invites which will follow shortly. If you would like a separate conversation with us, please get in touch. 
 
Once again, thank you for your invaluable contributions and ongoing engagement.