Duties to report child abuse in England
A briefing on reporting child abuse in England, including the government's plans to introduce a mandatory reporting duty.
There is currently no general statutory obligation for individuals in England to report child abuse. Government statutory guidance says “anyone who has concerns about a child’s welfare should consider whether a referral needs to be made 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.”
This does not impose a legislative requirement to report abuse, but creates an expectation that those working with children will comply with the guidance unless there are exceptional circumstances.
In addition, some individuals, for example teachers, must report child safeguarding concerns under standards or codes of conduct set by their professional regulatory body. A failure to adhere to such standards may result in misconduct or fitness to practise proceedings against them.
Introducing a mandatory reporting dutyThere have been calls for it to be made mandatory for certain people, such as social workers and teachers, to report child abuse. Proponents argue a mandatory reporting duty would offer greater protection to children. However, others contend it could result in a ‘tick-box approach’ and that increased referrals could lead to a ‘needle in the haystack’ effect where it is less likely that key cases are picked up.
Independent Inquiry into Child Sexual AbuseThe final report of the Independent Inquiry into Child Sexual Abuse (IICSA) recommended the UK Government and the Welsh Government introduce legislation requiring certain individuals to report child sexual abuse in set circumstances (for example, where they observe indicators of sexual abuse).
The report recommended it should be a criminal offence for mandated reporters to not report child sexual abuse when a child or perpetrator discloses it to them, or where they witness a child being sexually abused.
Conservative government’s proposalsIn April 2023, the Conservative government committed to introduce a mandatory duty to report child sexual abuse for those working or volunteering with children.
Following a call for evidence and a consultation, in May 2024 the government tabled amendments to the Criminal Justice Bill 2023-24 (NC65 to NC73 and NS2) providing for the introduction of a mandatory reporting duty.
In contrast to the recommendations of the Independent IICSA, the duty would not have applied where a person observed signs indicating that abuse could be taking place. Failure to comply with the duty would also not itself have been a criminal offence, which attracted criticism from some.
The Criminal Justice Bill fell when Parliament dissolved ahead of the 2024 general election. The amendments relating to the mandatory reporting duty were not debated before dissolution.
Current government’s proposalsOn 6 January 2025, the Home Secretary announced the government would “make it mandatory to report abuse” and that failing to report child sexual abuse would be “an offence, with professional and criminal sanctions”.
Provisions for a mandatory reporting duty in England are included in the Crime and Policing Bill 2024-25, which was introduced on 25 February 2025. The provisions are broadly similar to those proposed by the Conservative government, but with some differences, including concerning the mechanism for referring people who fail to meet the duty to the Disclosure and Barring Service (DBS).
In common with the previous government’s proposals, and in contrast to the IICSA’s recommendations, the duty to report would not apply where a person observes recognised indicators of child sexual abuse. Failing to make a report when required would also not be a criminal offence. This has led to concerns from some, including the Joint Committee on Human Rights, that the duty may not provide effective protection against child sexual abuse.
The bill completed its Commons stages on 18 June 2025. It is scheduled to complete its Lords report stage on 18 March 2026. No major amendments have been made to the provisions relating to mandatory reporting during the bill’s passage through parliament so far.
Mandatory reporting in other countriesMandatory reporting laws exist in several other countries, including most countries in Europe and some parts of the US, Canada and Australia.
Although the details vary, many of the laws share some common components, including setting out who is covered by the duty and what must be reported.