| SPOTLIGHT |
The Association of Directors of Children’s Services (ADCS) has said that it does not support the introduction of a mandatory reporting duty in relation to child sexual abuse, in response to the Government’s call for evidence.
The Independent Inquiry into Child Sexual Abuse (IICSA) recommended in its final report, tthat the UK government and Welsh Government introduce legislation which places certain individuals – ‘mandated reporters’ – under a statutory duty to report child sexual abuse.
In response to the Government’s call for evidence which sought views from those working with children and young people, ADCS shared concerns that the introduction of mandatory reporting could result in “defensive practice amongst professionals whose duty starts and ends with a referral rather than prevention or support”.
On a proposed broadening of the duty beyond sexual abuse to cover all forms of abuse, ADCS said: “A mandatory reporting duty that covers all forms of abuse would likely cause significant confusion and an influx of inappropriate reporting.
“Ambiguity and grey areas need careful consideration here, many people may deem physical abuse to be over chastisement and make a report yet it is not illegal for parents to smack their child in England.”
A proposed exemption put forward by IICSA suggests that 13 - 16-year-olds who are in a consensual relationship should not be covered by a mandatory reporting duty.
Responding to this, ADCS said that “though the rationale for this is somewhat understandable, such an approach could again add to confusion as it is out of step with the legal age of consent in this country”.
The organisation added: “Exemptions may also provide a loophole for abuse to continue if adults do not recognise that a child cannot consent to their own abuse.”
Turning to the issue of sanctions for non-reporting, ADCS argued that it does not believe it is “proportionate or necessary” to threaten professionals with criminal sanctions to protect children as they can already face serious repercussions for wilfully or negligently failing to act.
IICSA proposed the use of criminal sanctions where anyone in a mandated profession witnesses abuse or receives a direct disclosure from a child but does not pass it on.
ADCS raised the concern that the threat of criminal proceedings could add to the “already challenging recruitment and retention picture” in children’s services.
It said: “[It] feels disproportionate when we consider the low conviction rates for perpetrators of rape and domestic abuse via the courts.”
Outlining the conditions which must be met to support implementation, the Association noted that the introduction of a mandatory reporting duty would represent a “significant new burden”, and therefore a “comprehensive new burdens assessment and commensurate funding will be needed to support children’s social care here”.
It added that the potential introduction of a mandatory reporting duty must be considered “in the round” alongside current and future reform programmes, notably Stable homes built on love.
Concluding by outlining an ‘alternative approach’, ADCS said: “Rather than focusing resources on identification of abuse rather than the provision of support or further increasing levels of state intervention into family life, ADCS members support a ‘public health’ style approach to addressing the prevalence of child abuse and neglect at a population level.
“This can be achieved via targeted programmes of work with parents and carers, schools and volunteers to help them to understand how best to act when concerns arise via better information, advice and training.”
Lottie Winson
