Independent Inquiry into Child Sexual Abuse publishes its final report | What does this mean for public bodies, charities and other organisations?

The Independent Inquiry into Child Sexual Abuse (“the Inquiry”)’s final statutory report  sets out the Inquiry’s recommendations following a seven-year investigation into the extent to which government and other institutions have failed to protect children from sexual abuse and exploitation, as well as the action needed to address these failings and protect children from abuse in future.

Here we provide an outline of the report and an overview of what the important findings mean for public bodies, charities and other organisations which work or come into contact with children.

What does the IICSA report recommend?

There are 20 recommendations in the Inquiry’s report. Among the most significant of these are:

• The establishment of Child Protection Authorities for England and for Wales and the appointment of a new cabinet Minister for Children. The Inquiry recommends that each new Authority be tasked with improving practice in child protection, including by providing advice and recommendations to government and inspecting institutions and settings as it considers necessary and proportionate. These are intended to be NDPBs and to also monitor the implementation of the Inquiry’s recommendations. A Minister with cabinet status is also proposed to work across government departments to ensure that the welfare of children is a high priority in areas of government with child protection significance.

• Regular campaigns to increase public awareness of child sexual abuse. The campaigns would aim to challenge myths and stereotypes about child sexual abuse with the aim of displacing the taboo attached to the subject and encouraging greater vigilance and better reporting.

• Mandatory reporting laws. The Inquiry recommends that certain “mandated reporters” be placed under a statutory duty to report if they receive a disclosure of child sexual abuse, witness a child being sexually abused or observe recognised indicators of sexual abuse. “Mandated reporters” are proposed to include those with safeguarding responsibilities in relation to children, those in a position of trust under the Sexual Offences Act 2003, and police officers. Reports are to be made either to the Local Authority or to the police. The idea of introducing mandatory reporting is not new but the debate around it has historically been controversial. Many countries have such laws but the last time the government here considered it (2018) they decided against introducing it.

• The expansion of the Criminal Injuries Compensation Scheme (“CICS”) and a new redress scheme. The Inquiry recommends that the CICS be amended in relation to online-facilitated sexual abuse, unspent convictions and time limits. The Inquiry further proposes a fixed term single redress scheme in England and Wales to provide monetary compensation to those who have experienced child sexual abuse and who have been let down by government or other institutions in the past.

What does the report mean for public bodies, charities and other organisations?

For most organisations, the most noteworthy feature of the report will be the Inquiry’s recommendation that there be a mandatory duty placed upon mandated reporters to report child sexual abuse where it is witnessed, disclosed or indicated. Were the Inquiry’s recommendations to be implemented in full, failure to fulfil the reporting duty would be a criminal offence. For charities, a breach of the duty would likely be a serious incident requiring disclosure to the Charity Commission and potentially giving rise to regulatory action. More widely, such a duty has been found to increase the number of reports made which has resource implications for those providing services to victims.

Organisations working with children in England and Wales are already subject to non-binding expectations (principally set out in the guidance Working Together to Safeguard Children) that they have clear procedures in place to deal with concerns about a child’s welfare and make referrals to local authorities if necessary. They may also be subject to professional regulatory standards or codes of conduct. The report makes clear that the mandatory reporting duty is intended to supplement these existing expectations by giving them the force of a legal obligation. The prospect of such a duty becoming law therefore adds additional incentives for organisations to ensure their safeguarding and child protection procedures are robust. Statutory child protection agencies of course already have legal duties and obligations to which this would be added.