Content warning: this post contains information about responding to reports of harm and abuse which some readers may find triggering. Please take care when reading.
One year on from the Independent Inquiry into Child Sexual Abuse (IICSA) the government has launched a consultation on proposals to deliver one of the Inquiry’s key recommendations: Mandatory reporting. But what does this mandatory reporting duty mean in practice for churches, who would it relate to, and what are some of the challenges to its implementation?
The government consultation which runs until the end of November follows an earlier call for evidence by the Home Office which concluded on 14 August. It comes as a response to the seven-year long inquiry which gathered evidence from many victims and survivors of child sexual abuse who reported a common experience of making disclosures or presenting information to a responsible adult about their abuse, only for that adult to then take no further action. In many cases this left the child at risk of further harm, denied them justice, and missed vital opportunities to prevent the perpetrator from going on to harm other victims.
A common reason that was given for these failures was the prioritisation of the reputation of an individual or institution over the safety and wellbeing of the child. The Inquiry noted this was particularly marked in closed communities or organisations with a culture of strict deference to hierarchy or moral or spiritual authority.
Until now, the government’s position on reporting child abuse has been based on statutory guidance, Working Together to Safeguard Children, which says: ‘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.’ However, failure to report does not currently result in prosecution as there has been no legal requirement to report child abuse. Could this all be about to change?
A mandatory duty to report would place individuals with particular roles and responsibilities – such as faith leaders and youth workers – under a statutory duty to report child sexual abuse, with severe consequences and penalties for not doing so.
Mandatory reporting laws have already been adopted in some form by many countries worldwide, including 86% of European nations, and some states in America, Canada, and Australia. Those in support of mandatory reporting laws often reference countries where it already exists, claiming that making failure to report child sexual abuse a criminal offence has helped to better protect children.
However, mandatory reporting isn’t without its critics. Critics of mandatory reporting say that removing confidentiality would prevent children from speaking freely in spaces where they might have opened up, which would be a barrier to making a full disclosure at a later point when they feel ready to do so.
If they knew that what they said would have to be reported to authorities, they wouldn’t feel like there was a safe space to talk about their worries or any harm they’d suffered. Critics also argue that mandatory reporting would stop perpetrators or those who feel that they might offend, from coming forward for ‘repentance and reform’, which would hinder rather than help the prevention of child sexual abuse. It’s clear then that there is a careful balance here that needs to be struck.
The House of Bishops in the Church of England has commissioned a Seal of Confessional Working Party, bringing together theologians, church leaders and safeguarding professionals along with other advisers to consider how this may play out in their context, but this has yet to give any firm details as to how they plan to implement IICSA’s recommendations.
In the meantime, the government consultation remains open until 30 November and is seeking views and opinions from people involved in providing children’s activities including in faith and religious settings, and from members of the public. It’s inviting people’s views on how the government should define who is subject to the duty, what protections should be in place for reporters, in what circumstances should it not apply, what sanctions should apply in respect of the duty, and what will need to be put in place to support those who will be subject to it so that they can fulfil their duty effectively and create the right conditions for this change to have the greatest impact for those it is designed to protect: children who have been sexually abused.
The church has a significant opportunity here to be a voice for the voiceless by bringing its unique perspective and learning to these issues to help shape this important legislation.
To take part in the consultation, or to find out more, go to: www.gov.uk/government/consultations/child-sexual-abuse-mandatory-reporting/mandatory-reporting-of-child-sexual-abuse-consultation
For more help and advice about responding to safeguarding concerns see our Help and Resources: www.thirtyoneeight.org/Help-and-resources
