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Mandatory reporting of child sexual abuse in England moves forward under Crime and Policing Bill

Date:23 FEB 2026
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The long-running debate over mandatory reporting of child abuse in England has entered a new legislative phase, with provisions in the Crime and Policing Bill progressing through Parliament amid continued professional and political scrutiny.

At present, there is no general statutory obligation in England requiring individuals to report child abuse. Statutory guidance states that anyone with concerns about a child’s welfare should consider making a referral to local authority children’s social care, and should do so immediately where there is concern that a child is suffering, or is likely to suffer, significant harm. While this creates a strong expectation of compliance, particularly for those working with children, it does not impose a direct legislative duty.

Certain professionals, including teachers, are already subject to safeguarding obligations through regulatory standards and codes of conduct. Breach of those standards can result in misconduct or fitness to practise proceedings, but not criminal liability for failure to report.

Calls for a statutory duty have intensified in recent years. Supporters argue that mandatory reporting would strengthen child protection and ensure greater consistency in safeguarding practice. Critics, however, have warned of a potential “tick-box” culture and the risk of overwhelming agencies with referrals, creating a “needle in the haystack” effect that could obscure the most serious cases.

The issue was examined in detail by the Independent Inquiry into Child Sexual Abuse (IICSA), whose final report recommended that both the UK and Welsh Governments introduce legislation requiring specified individuals to report child sexual abuse in defined circumstances. The Inquiry further recommended that failure to report, where a child or perpetrator discloses abuse or where abuse is witnessed, should constitute a criminal offence. It also proposed that the duty extend to situations where recognised indicators of sexual abuse are observed.

In April 2023, the then Conservative government committed to introducing a mandatory reporting duty for those working or volunteering with children. Amendments were subsequently tabled to the Criminal Justice Bill in May 2024. However, those provisions stopped short of the IICSA model: they did not extend to cases where professionals merely observed indicators of abuse, and failure to comply would not itself have amounted to a criminal offence. The Bill fell on dissolution of Parliament ahead of the 2024 general election, and the proposed amendments were not debated.

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The current government revived the issue in January 2025, when the Home Secretary announced plans to “make it mandatory to report abuse”, indicating that failure to report child sexual abuse would attract professional and criminal sanctions. The resulting provisions, now contained in the Crime and Policing Bill 2024-25, are broadly similar to the previous administration’s proposals, though with differences relating to the mechanism for referral to the Disclosure and Barring Service (DBS).

As drafted, the duty would not extend to situations where a professional observes recognised indicators of child sexual abuse, reflecting the earlier legislative approach and diverging from IICSA’s recommendations. Nor would failure to make a required report constitute a standalone criminal offence. These limitations have prompted concern from some quarters, including the Joint Committee on Human Rights, which has questioned whether the proposed framework will provide effective protection.

The Bill completed its Commons stages on 18 June 2025 and is due to have its Lords report stage on 25 February 2026. To date, no significant amendments have been made to the mandatory reporting provisions during its parliamentary passage.

For family law practitioners, the proposed duty, if enacted, will have implications for safeguarding practice, inter-agency information sharing and professional risk management, particularly in cases where parallel criminal and family proceedings arise from allegations of sexual abuse.

Mandatory reporting regimes operate in a number of other jurisdictions, including most European countries and parts of the United States, Canada and Australia. While the scope and enforcement mechanisms vary, such frameworks typically define the categories of mandated reporters and the circumstances in which reporting is required.

 
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