NSS: Government commitments on abuse may not go far enough

The National Secular Society has welcomed government commitments to act on child sexual abuse but warned they may not go far enough.

Yesterday the Home Office published its response to the final report of the Independent Inquiry into Child Sexual Abuse (IICSA). Much of IICSA's work concerned abuse in religious settings.

The government's response said it would act on almost all of IICSA's recommendations.

While the NSS supports these recommendations, NSS vice president Richard Scorer, a solicitor who represents victims of child abuse, has warned they may not be enough to protect children from abuse in religious settings.

Mandatory reporting

IICSA recommended a new criminal offence for those working with children, or in a position of trust, to fail to report disclosures or witnessing of child sexual abuse.

Religious institutions have frequently failed to report on child sex abuse or even covered it up. Last week, an independent review into an abuse case within the Church of England revealed senior clergy, including a current and former member of the bishops' bench in the House of Lords, repeatedly failed to act on disclosures from the victim.

Scorer said because witnessing of child abuse and disclosure from victims or perpetrators are rare, a mandatory reporting law may be ineffective unless it also ensures reporting of reasonable suspicions of abuse.

Yesterday the government launched a consultation into implementing the new mandatory reporting duty.

Time limits for child abuse personal injury claims

The NSS has supported IICSA's recommendation to remove the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse. The inquiry said cases should proceed irrespective of time delay unless the defendant can prove that the delay means a fair trial is impossible.

Scorer said this would be "an important win" because the average time delay between abuse and a survivor's disclosure is 22 years. Scotland abolished the three year time limit in 2017.

The government said courts can already disapply the time limit "if it considers that it is just an equitable to do so". It said it will publish a consultation later this year exploring how existing judicial guidance in child sexual abuses cases can be strengthened, as well as setting out options for the reform of limitation law.

Redress scheme for victims and survivors

IICSA recommended the establishment of an "accessible and straightforward" redress scheme for victims of child sexual abuse in England and Wales that is "sensitive to the needs and vulnerabilities" of claimants. It would be state funded, but with "voluntary contributions" from organisations implicated in abuse.

Scorer criticised such a scheme as "the worst of both worlds", because it would mean the burden would fall on taxpayers, rather than institutions responsible. He also pointed out that religious institutions such as the Catholic Church and the Jehovah's Witnesses "fight survivors tooth and nail through the courts" to avoid paying just compensation, so are unlikely to voluntary contribute to payments.

The government said it would launch a redress scheme after public consultation.

NSS vice president: "Crucial" that law has no religious exemptions

Scorer said: "We have long argued for a law to require the reporting of suspected child abuse, so we welcome the government's commitment to implementing a mandatory reporting regime.

"It's crucial that such a law contains no exemptions for faith-based settings, including disclosure in the confessional – a point the Independent Inquiry into Child Sexual Abuse was very clear on.

"Religious opt-outs would fundamentally undermined measures to protect children from harm. We'll be lobbying to ensure that does not happen."

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