Proposed duty to report sex abuse branded ‘useless’ by campaigners

The Government's proposals to introduce a duty to report suspected cases of child sexual abuse are "useless" and "ineffective", according to campaigners and abuse law experts.

In 2022, the Independent Inquiry into Child Sexual Abuse (IICSA) recommended legal obligations mandating the reporting of suspected or known cases of child sexual abuse. The recommendation specified that a criminal penalty for failing to report abuse should be introduced.

Yet despite the Government's promise to accept the recommendations of IICSA in full, the new Crime and Policing Bill as introduced to Parliament last week contains no criminal sanction for non-reporting.

The National Secular Society has repeatedly called for the introduction of mandatory reporting laws to combat the problem of religious institutions covering up abuse. It repeated its calls for mandatory reporting laws last year following revelations that the Church of England had covered up the sexual abuse perpetrated by CofE lay reader John Smyth.

NSS vice president: "Too many" religious organisations will "get away with concealment"

The lack of criminal penalty for non-reporting has been strongly criticised by campaigners. Mandate Now, which campaigns for the introduction of mandatory reporting, said the absence of any criminal offence meant the proposed duty would have "no force".

And NSS vice president Richard Scorer, a solicitor who represents victims of child abuse, said the lack of criminal sanction risked rendering the law "ineffective".

Scorer said: "It's a bit like introducing a law requiring the wearing of seatbelts or health and safety in the workplace but having no criminal penalty for non-compliance. It will mean that recalcitrant organisations – including far too many religious organisations – will still be able to get away with concealment and self-policing because they face little or no consequence for doing so.

"I'm afraid that the proposal announced by the Government is inadequate and falls short of what IICSA recommended. This law lacks teeth and it is very disappointing that having promised to implement IICSA in full, the Government are now trying to water it down".

In its recommendations, IICSA said mandatory reporting laws should "not be subject" to religious exemptions. It added abuse must be reported even if it is revealed during "sacramental confession", despite objections from religious groups.

In 2023, the Church of England failed to back mandatory reporting for abuse revealed in confession, despite acknowledging it is a "safe space" for child sexual abusers. Eight Church of England bishops, and one member of the House of Lords, actively lobbied for religious confession to be exempted from mandatory reporting laws.

Last month, the NSS wrote to the Government urging them against any form of religious exemption.

NSS: Government should implement IICSA recommendations "in full"

National Secular Society spokesperson Jack Rivington said: "Whilst the absence of any specific religious exemptions in the Government's proposals is welcome, it is a moot point if the duty to report abuse is ineffective due to lack of criminal penalty,

"Had mandatory reporting existed at the time, it is likely that Church of England clergy may now be facing criminal penalities for their role in covering up sexual abuse. A possibility that should bring shame to those within the Church who have lobbied for exemptions from mandatory reporting.

"We urge the Government to uphold its commitment to implement the recommendations of IICSA in full."