Children’s Wellbeing and Schools Bill

Committee (3rd Day)

Amendment 66

66: After Clause 4, insert the following new Clause— “Mandatory reporting of child sexual abuse(1) The Children Act 2004 is amended as follows.(2) After section 16LB insert—“16LC Reporting of child sexual abuseSubject to the provisions of section 16LD(7), (8), and (10) and section 16LF, providers of any one or more of the activities set out in Schedule 1A, who know of, or have reasonable grounds for suspecting the commission of, sexual abuse of children in their care, must, as soon as is practicable after it comes to their knowledge or attention, report it to—(a) the Local Authority Designated Officer (LADO),(b) Local Authority Children’s Services, or(c) such other single point of contact with the local authority as that authority may designate for that purpose. 16LD Process(1) If the report under section 16LC is made orally, the maker of the report must confirm the report in writing no later than seven days thereafter.(2) Section 16LC applies whether or not the activities are defined in any enactment as regulated activities involving children.(3) Section 16LC applies whether a commission of sexual abuse takes place, or is alleged or suspected to have taken place, in the setting of the activity or elsewhere.(4) For the purposes of section 16LC the operators of a setting in which the activity takes place and staff employed at any such setting in a managerial or general welfare role are deemed to stand in a position of trust and are deemed to have direct contact with children in their care whether or not such children are or have been attended by them.(5) For the purposes of section 16LC all other employed or contracted staff or voluntary staff and assistants are deemed to stand in a position of trust only if they have had direct contact with and have attended such children during their time in such a position.(6) For the purposes of section 16LC children are or are deemed to be in the care of the providers of the activities set out in Schedule 1A—(a) in the case of the operators of any setting in which the activity takes place and of staff employed by the operators at any such setting in a managerial or general welfare role, for the period of time during which the operators are bound contractually or otherwise to accommodate or to care for such children, whether such children are resident or in daily attendance wherever the activity is provided, and(b) in the case of all other employed or contracted staff or voluntary staff and assistants, for the period of time only in which they are personally attending such children in the capacity for which they were employed, or their services were contracted for.(7) The Secretary of State may, in exceptional cases, issue a suspension document to rescind or temporarily suspend the duty referred to in section 16LC in the case of any specified child or children if it appears to the Secretary of State that the child’s welfare, safety or protection would be prejudiced or compromised by the fulfilment of the duty.(8) Where it appears to the Secretary of State that the welfare, safety and protection of children is furthered, they may exempt—(a) any specified organisation that works with children generally, and its members, or(b) any specified medical officer,from compliance with the duty referred to in section 16LC provided that no allegation is made against that entity or person.(9) The Secretary of State may make regulations varying or adding to or deleting from the list of activities in Schedule 1A, whether or not such activities are defined in any enactment as regulated activities involving children.(10) A person who makes a report under section 16LC in good faith, or who does any other thing required by sections 16LC to 16LF, may not by so doing be held liable in any civil or criminal or administrative proceeding, and may not be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct. (11) Reports under section 16LC and the identities of the persons making them must be received and held by their proper recipients in confidence.16LE Offences(1) Failure to fulfil the duty set out in section 16LC following the procedure described in section 16LD before the expiry of the period of seven days of the matter, allegation or suspicion first coming to the knowledge or attention of the provider or of any person whose services are used by the provider as defined in section 16LD is an offence.(2) A person who causes or threatens to cause any detriment to a mandated person, being a person placed under the duty to report pursuant to section 16LC above, or to another person, either wholly or partly related to the mandated person’s actual or intended provision of a report under section 16LC, is guilty of an offence.(3) Detriment includes any personal, social, economic, professional, or other detriment to the person.(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a level 5 fine on the standard scale.(5) A person guilty of an offence under subsection (2) is liable on summary conviction to a level 4 fine on the standard scale.16LF DefencesIt is a defence—(a) for any person to show that the Secretary of State acting pursuant to section 16LD(7) has issued a suspension document;(b) for any person employed by or operating as an organisation that works with children or for any medical officer to show that the Secretary of State has by a suspension document, whether temporarily or permanently, exempted it and its members or any medical officer from compliance with the duty in section 16LC; (c) to show that a report of the commission of the known or suspected child abuse has been made by any other party to the body or person under section 16LC(a) to (c) before or during the seven days referred to in section 16LE(1).16LG DefinitionsIn sections 16LC to 16LF—“children” means persons under the age of 18 years;“operators of a setting” , in the case of schools, sixth form colleges, and colleges of further education in private ownership, includes the proprietors, members of governing bodies, and board members in the case of ownership by a limited liability company;“providers of activities” has the same meaning as in section 6 of the Safeguarding Vulnerable Groups Act 2006.”(3) After Schedule 1, insert—“Schedule 1AREGULATED AND OTHER ACTIVITIES1 Education including—(a) schools;(b) sixth form colleges;(c) colleges of further education;(d) pupil referral units;(e) residential special schools;(f) hospital education trusts;(g) settings of education other than at schools;(h) private tuition centres. 2 Healthcare including— (a) hospitals;(b) hospices;(c) GP surgeries;(d) walk-in clinics;(e) outpatient clinics.3 Others including—(a) child nurseries and kindergarten provision;(b) childminders and childcare providers registered on the early years register or the compulsory or voluntary part of the childcare register;(c) registered social care providers and managers for children;(d) children’s homes;(e) children’s hospices;(f) youth offender institutions;(g) the Probation Service;(h) private institutions contracted by public bodies to provide services to children;(i) organisations providing activities to children, such as sports clubs, music, dance or drama groups, youth clubs, and Ministry of Defence cadet forces including Sea Cadets, the Volunteer Cadet Corps, the Army Cadet Force, the Air Training Corps and the Combined Cadet Force, Fire Cadets;(j) organisations providing holidays for children or supervising children while on holiday;(k) churches, mosques, synagogues, temples, and other places of worship and religious organisations, and other organisations holding non-religious worldviews;(l) services offered to children by local authorities outwith their statutory duties;(m) services offered to children by the police outwith their statutory duties; (n) transport services including taxis and coaches commissioned by the providers of the regulated activities in this Schedule.””

My Lords, Amendment 66 is in my name and those of the noble Baroness, Lady Walmsley, and the noble Lord, Lord Moynihan.

This is a probing amendment, the core aim of which is to further protect children. In January this year, this House debated my Private Member’s Bill on mandatory reporting of child sex abuse. It ties in very well with Amendment 107B, which is also in this group, tabled by the noble Lord, Lord Watson of Invergowrie. We are all very keen, I think, to see the IICSA recommendations implemented in full. I will not prejudge what the Minister will say, but I expect to be told that there is another vehicle for this amendment; none the less, I think this is worthy of debate.

From Rotherham to Rochdale, there have been far too many children who have been abused and too few perpetrators brought to justice. We must continue to learn from our past mistakes. This amendment is a step towards ensuring that positive changes are being made. This amendment seeks to ensure that adults in positions of authority over children in regulated activities would have a legal requirement to report any suspicion of or knowledge of child sexual abuse. Regulated activities include those in education, healthcare, sports and others, which are fully listed in the proposed new schedule. I recognise that this is the Children’s Wellbeing and Schools Bill, but I am keen that protection goes much wider than just schools. I am very keen to hear what the noble Lord, Lord Moynihan, might say on the duty of care.

This amendment does not seek to criminalise the general public; rather, it seeks to ensure that those in positions of authority have a duty to speak up and protect children. This is often teachers, coaches and support workers, and they are able to put the safety and needs of children first because they spend a lot of time with children. In the past, we have heard that upward reporting in an institution is sufficient; sadly, we have seen that it is not. Whether that is because of possible damage to reputation, concerns over implications or something more sinister, it is clear that we need stricter guidance on how to report child sex abuse.

In March 2020, the Office for National Statistics estimated that 3.1 million adults in England and Wales have experienced sexual abuse before the age of 16. In October 2022, IICSA estimated that more than one in six girls and one in 20 boys are being sexually abused in the UK every year. On average, it takes victims 26 years to disclose abuse. The Local Government Association estimates that only one in three children who were sexually abused by an adult told someone.

Our system is failing the victims of child sex abuse and changes need to be made. Too frequently, there is a lack of understanding surrounding child sex abuse across professions and organisations working with children. Raising public awareness and providing culturally sensitive training and support for all is essential. A significant number of people support some version of mandatory reporting. As legislators, we need to ensure that the right protections are put in place. I beg to move.

My Lords, I strongly support this amendment and thank the noble Baroness, Lady Grey-Thompson, for tabling it.

I would like to quote from a speech I made on 26 June 2014, soon after the terrible crimes of Jimmy Savile had been analysed in the Lampard report. Our campaign for the mandatory reporting of child abuse went back at least a decade before that, but the Savile case showed clearly what happens when people who know do not tell. I realise, as the noble Baroness does, that the Minister might tell us this is the wrong Bill to explore this issue, but I have always taken every opportunity to raise it, and that is why I am doing so again today.

On that occasion, I said:

“I have always felt that a child is his or her own best protector. We can do what we can to protect a child, but we cannot sit on her shoulder all the time. This is why it is so important that children are taught in every school, through a balanced PSHE course, how to protect their own personal integrity … They also need to be taught what a healthy, non-abusive relationship looks and feels like, and who to turn to in case of fear or of actual abuse”.

I still believe that this is every child’s right. I went on to say:

“We must then minimise the opportunity for perpetrators to reach vulnerable children”,

and to talk about the shortcomings of DBS checks, which

“are not enough, as they only identify those who have offended before, and are no use against first-time offenders or those who are clever enough to avoid detection”.—[Official Report, 26/6/14; cols. 1418-19.]

This is still the case.

In that situation, the knowledge or suspicion of abuse by adults around the child is a vital ingredient of protection. We need to ensure that those who know or suspect what is going on report what they know to an appropriate and responsible person. I mentioned that lawyers who acted for dozens of Jimmy Savile’s victims had told me that the most shocking revelation of all was the number of victims who had reported what had happened at the time to someone in their institution, only to be ignored and their claims covered up. One girl in Stoke Mandeville told a nurse what Jimmy Savile had done, only to be told, “You’re making a mountain, you silly girl. Do you know what he does for our hospital?”—how shocking.

My Lords, this amendment is both necessary and important. It is a credit to the noble Baronesses, Lady Grey-Thompson and Lady Walmsley, who eloquently introduced it, and for years fought for the mandatory reporting of child sexual abuse to be firmly placed on the statute book.

Child abuse, whether in the form of physical, emotional or sexual mistreatment, whether through lack of care, or whether leading to injury or harm, is offensive and detestable. I welcome recognition by the movers of this amendment that the amendment should capture the importance of child sexual abuse in schools and sport clubs, as covered in proposed new Schedule 1A.

Within sport, each case of sexual abuse among children is one case too many. In sport, it is compounded because it takes place within a relationship of trust or responsibility; it is an abuse of the power and it is a breach of that trust. The influence that a sports coach or physical education teacher has over children is disproportionately compounded by the physical nature of proximity in sport and the near total control which can be exercised over an ambitious child seeking success in the world of sport. We have seen how prevalent this is in the worlds of gymnastics, football and athletics, to name just three sports which have witnessed the ugliness of child sexual abuse.

Taking each in turn, for decades this was a problem that was festering at the heart of gymnastics. For far too long, some coaches and teachers have been able to act with total impunity, forcing young children to experience extreme training programmes while bullying and humiliating dissenting voices into silence. Some coaches have abused their power and authority to commit terrible crimes against the children they should have been caring for, leaving lives destroyed in their wake. In the wake of the #MeToo movement, numerous prominent gymnasts spoke out about the bullying, discrimination and abuse that they experienced in the sport at schools and in clubs. As a result, the Whyte review was commissioned, and an independent report examined the allegations of mistreatment in the sport of gymnastics. Predatory coaches and teachers were allowed to move from school to school and gym to gym, undetected by a lax system of oversight, and predatory coaches and teachers worked to conceal abuse.

My Lords, this is an extremely important amendment. I have a slight concern that the Minister in replying may say that the Crime and Policing Bill is the place for such an amendment, but the problem with the proposals in that Bill is that they are based on age, whereas this amendment is much more subtle in responding to the emotional entrapment that goes on in grooming, the activity that goes on in grooming, and the difficulty of sexual abuse being perpetrated at all ages.

There are five areas that I think would have to go along with this—a public health awareness over the dangers of the early stages of emotional entrapment, leading to grooming that leads on to sexual abuse and the pressures that children are under. Therefore, there must be an awareness overall across society that none of this is acceptable, with training and support of all those who have any responsibility for children, and, when there is suspicion, clear pathways to people who can really deal with this sensitively.

One of the situations that comes to mind is the child who goes in to see their GP, perhaps a teenager seeking contraceptive advice. They may actually be in a sexual relationship where they have been coerced, pressured and emotionally groomed, and entrapped with the person who is abusing them, even if that is somebody who is also very young. There may be an imbalance in that relationship, particularly if it is a child who is desperate for love, affection and closeness altogether in their life.

When legislation is introduced, which it must be, it will also need good scientific evaluation—not just a tick-box review but a proper study to see how it is working. I was glad to hear the noble Baroness, Lady Grey-Thompson, say that this was a probing amendment, simply because there is a change I would like to see to it. The amendment refers to healthcare, including in GP surgeries, and I would like that to be extended to primary care services, given that a lot of primary care services occur out in the community. District and community nurses are going into people’s homes, which may well be places where they pick up that something is not right, particularly if there is one parent, or sometimes even two, who are ill and need input.

I also have a very slight concern over the offences. The amendment mentions a

“period of seven days of the matter, allegation or suspicion first coming to the knowledge or attention of the provider”.

I say, simply from experience of having been a GP, that sometimes you can have some index of suspicion, but you cannot put a finger on it and you need more than seven days to begin to ask questions and explore it. That is not to criticise this amendment. I think it is extremely well drafted and brought together, and I hope the Minister will take the contents of this forward, even though it was proposed as a probing amendment.

My Lords, I too support Amendment 66 and the proposed introduction of a mandatory reporting requirement for sexual abuse, in accordance not just with the speeches we have heard but with the carefully reasoned recommendation of the Independent Inquiry into Child Sexual Abuse. In simple terms, failure to report known or reasonably suspected abuse puts the child concerned at future risk, and it can make a person failing to report complicit in what has happened and in what may later happen to the victim of that abuse and, indeed, to others.

Moreover, a failure to report prevents proper and prompt investigation of alleged abuse and can deprive the victim of appropriate treatment and support. A failure to report is a failure to protect. All that is obvious, but it is a complex area. There are only a few cases when it can be truly known that abuse has occurred, because it is largely an unwitnessed crime. Accordingly, under the terms of this amendment, the person expected to report must have reasonable grounds for suspicion. If the child is young, that suspicion could well depend on the adult’s understanding of what the child has said or tried to say, or on an interpretation of the child’s behaviour. That may not be easy, particularly if the person concerned does not know the child well or the structure or dynamics of the child’s family.

These difficulties should not be made worse for victims of child sexual abuse by failures to report and by deflection of evidence of abuse for the sort of reasons and excuses so clearly described by the report of the independent inquiry—in particular, a misguided desire to protect the alleged perpetrators or institutions. In the sort of cases dealt with in the family court, schools can often be the first to realise that there may have been some type of abuse, and some school staff can, understandably, be nervous of the reaction of angry family members if allegations are made. I recall a case in which the teacher admitted not acting when he saw obvious injuries to a child simply because he was reluctant to get involved in making the statements and reports that might be required.

My Lords, I strongly support this amendment and agree with everything that has been said so far, particularly the very important and valuable contribution by the noble Lord, Lord Meston. He, like I, tried many child abuse cases. It is a sad part of the work that family judges do that there are so many sexual abuse cases of children, from babies to the age of 17, and they are all absolutely terrible. It is important to remember that there are two sorts of sexual abuse—that within the family and that without. As the noble Lord, Lord Meston, said, there has been less of a mirror on abuse within families as on strangers abusing children.

It is extraordinary in some ways that we do not already have mandatory reporting, since it is so obvious and so important. There are so many people out there, certainly members of families, who know what is going on but do not know what to do. I am talking about siblings, aunts, uncles, grandparents, because this is a very serious part. I do not know whether noble Lords realise that the majority of sexual abuse is within the family, although there is far too much by outsiders. If it is within the family, it becomes increasingly important that those around the child, who do know but do not know what to do, are told that they have an obligation to do something effective.

I hope that the Minister recognises that this is long overdue. It must come into this Bill or into the Crime and Policing Bill—preferably both. One group of people who have not so far been referred to are the police. If it is an obvious case of sexual abuse, the local authority employee must go immediately to the police. Let us not forget that any sexual abuse of any child, of any person, is a crime.