Scottish Government no longer ruling out 'mandatory reporting' laws for child sexual abuse

New criminal offence already being considered in England

New laws could make it a criminal offence in Scotland for teachers, doctors and social workers to fail to report sexual abuse of children.

Scottish child protection chiefs have been discussing “mandatory reporting” after hearing about changes proposed for England.

The creation of a new criminal offence was recommended after a seven-year child abuse inquiry south of the border, with the UK Government currently holding a consultation on the plans.

A schoolboy sits in a classroom corridor

The Scottish Government previously ruled out similar rules, amid concerns raised by some professionals that it could lead to “serious unintended consequences”, including fears it could deter children from confiding with adults about abuse.

But the Holyrood government has now told The Scotsman it will be considering the recommendations of the independent inquiry in England and Wales, as well as the Scottish inquiry, which is expected to continue hearing evidence into next year.

Professor Alexis Jay, who chaired the inquiry in England and Wales, presented her findings to Scotland’s National Child Protection Leadership Group in March.

A minute of the meeting shows that Scotland’s child protection chiefs subsequently discussed the introduction of mandatory reporting.

They said “mandatory reporting can support the move in Scotland to focus on children’s rights”, that “mandatory reporting can sit alongside early intervention to prevent abuse”, and that “confidential services should not be excluded from mandatory reporting”.

However, one source said the Scottish Government was likely to wait to see what recommendations are made by Lady Smith, who is chair of Scotland's inquiry, before making a final decision on whether to go down the same route as England.

Although there are guidelines, there are currently no specific regulations in the UK requiring professionals who work with children to report suspicions about child abuse to the authorities, except in Northern Ireland.

Mandatory reporting is in place in various forms around much of the rest of the world, however, including Australia, Canada and the US.

The child abuse inquiry in England and Wales recommended that people who work with children – known as “mandated reporters” – be under a statutory duty to make a report if they receive any disclosure of sexual abuse from a child or perpetrator, or if they witness a child being sexually abused, or observe recognised indicators of abuse.

It would make it a criminal offence to fail to report a disclosure or witnessed incident of child sexual abuse.

In the wake of the recommendation, the UK Government issued a call for evidence on the introduction of mandatory reporting in England in May.

It said: “If delivered effectively, a mandatory reporting duty provides an important mechanism for accountability where young people have been failed by those responsible for their care, creates a clearly understood process for reporters to take action (with robust personal and professional protections), and most importantly, ensures that more victims can be identified and safeguarded.”

The Scottish Parliament previously considered a petition calling for mandatory reporting to be introduced north of the border, but ministers said in 2018 that the case was “not sufficiently compelling at this time”.

Dr Sarah Nelson is a research associate at Edinburgh University’s centre for research on families and relationships, and was awarded an OBE for work with survivors of sexual abuse.

She said many people with long experience of working against child abuse and sexual violence have “serious worries” about whether mandatory reporting would “actually be effective”, amid concerns that it will be seen as a “panacea" while “encouraging complacency and ignoring more urgent changes needed”.

Dr Nelson said most people would agree that senior management in churches, schools or children’s homes should be required by law to report abuse.

However, while junior staff should have a professional responsibility to report to managers, she argued they “should not be threatened and intimidated with criminal sanction”.

She also said that reporting abuse does not mean that reports will be acted upon, and that focus should be on changing attitudes so young victims are no longer dismissed as “prostitutes, troublemakers, delinquents, or liars to be disbelieved”.

Dr Nelson said: “Imaginative means of anonymous reporting are needed, while the whole climate for ‘instant action’ in mandatory reporting is likely to deter young people further from confiding in staff.”

On the other side of the debate is Tom Perry, founder of pressure group Mandate Now.

He said it was a fact that mandatory reporting is in place in some form in more than 80 per cent of jurisdictions in the rest of the world and is a “vital component of a functioning safeguarding framework”.

Mr Perry believed it would be a “serious error” to make reporting mandatory for managers only, saying it would leave ordinary staff as “whistle-blowers” who were “unprotected by the legislation”.

He is also critical of the English inquiry’s recommendation for a “weak form” of mandatory reporting, because the proposal would only make it a criminal offence to fail to report when there has been a disclosure of child sexual abuse or witnessing it, but not for failing to report “recognised indicators” of abuse.

Mandate Now supported an unsuccessful Private Members Bill, tabled in 2022 by Baroness Tanni Grey-Thompson, which would have introduced a legal requirement to report if there was “reasonable grounds for knowing or suspecting” child sexual abuse.

The Bill, which ran out of time, also included legal protections for those reporting, so they could not suffer any detriment.

Mr Perry said this model would have an “immediate and positive impact on safeguarding”, making children “far safer” by bringing to light abuse occurring in a child’s life.

"I would suggest the Scottish Government look at the Private Members Bill because that model has precedent in multiple jurisdictions abroad,” he said.

Asked if it could introduce mandatory reporting north of the border, a Scottish Government spokesperson said it was taking forward a range of action to prevent and tackle child sexual abuse and exploitation.

"The National Guidance for Child Protection in Scotland sets out the responsibilities of everyone working with children and young people and makes clear that if there are any concerns that a child may have experienced or may experience significant harm, and these concerns relate to the possibility of abuse or neglect, then police or social work must be notified,” he said.

“We will give consideration to the recommendations of the Independent Inquiry into Child Sexual Abuse for England and Wales, where these are relevant to Scotland.

"We will also consider all relevant recommendations coming out of the Scottish Child Abuse Inquiry.”