Government clarifies mandatory reporting requirements in updated Crime and Policing Bill
The Government has amended the sections of the Crime and Policing Bill related to mandatory reporting of child sexual abuse, following repeated engagement from the BPC and other organisations.
The Bill, which will mandate the reporting of all allegations of such child sexual abuse, originally made no distinction between disclosures from or concerning children, and those from adult patients regarding instances of sexual abuse which took place when they were children.
Following extensive engagement by the BPC alongside other groups, the Government announced an amended section relating to mandatory reporting, which clarifies that it is only in circumstances where a child (a person under the age of 18) discloses that they have been sexually abused, or that the person sees or hears about an abusive event involving a child, that the mandatory duty to report to police or local social services arises. As this does not include adults reporting instances of abuse which took place when that adult was a child, therapists will therefore not be obliged to report such disclosures.
The BPC recognises that while many Registrants will already report such allegations, the planned changes represent the first time the requirement to report is enshrined in legislation. Individuals who fail to report child sexual abuse which they are made aware of may be referred to the Disclosure and Barring Service, and face being barred from working with young people in the future. They could also be referred to their professional regulator, such as the BPC, to consider their fitness to practise. In addition, any person who prevents or deters another person from complying with the mandatory duty to report a child sex offence faces criminal charges. If convicted, the threat is up to seven years imprisonment and a fine, plus professional sanctions from the relevant regulator.
At the time of writing, the House of Lords has published its report and recommendations on the Bill, which will be read and voted upon in March. The Bill will then return to the House of Commons for its Third and final Reading. After this, the Bill will become an Act of Parliament and will become law after receiving Royal Assent. The new legal requirements will therefore come into force around May 2026.
For further information, or to discuss in detail the incoming requirements, please contact [email protected].
