Regulated and Other Activities (Mandatory Reporting of Child Sexual Abuse) Bill [HL]

Baroness Featherstone Excerpts

2nd reading
Friday 17th January 2025 Lords Chamber

[Baroness Featherstone (LD)]

My Lords, the sooner Musk goes to Mars the better.

I hugely congratulate the noble Baroness, Lady Grey-Thompson, on bringing this important issue to the Floor of the House. A number of countries have introduced mandatory reporting. Of course, the results have varied depending on the country, the scope of the law and its enforcement, and the systems in place to support investigations and victims—and we can learn from their experiences. However, what is clear is that, where this has become the law, there has been a significant increase in the number of reported cases of sexual abuse. That clearly indicates that the very introduction of such laws raises awareness and encourages reporting by professionals, particularly teachers, doctors and social workers.

There are many examples of where mandatory reporting can be part of a strong safeguarding system. It can identify inappropriate relations, where a child is receiving excessive attention from an adult. It can notice signs of abuse. It can identify online exploitation, where a teacher or school counsellor becomes aware that a student is being coerced by an adult into sharing explicit images online. It can identify familial abuse, where a child confides in a social worker about being abused by an older sibling, cousin, parent or family friend. It can identify behavioural changes, where a child suddenly displays extreme changes in behaviour, such as aggression, withdrawal or fear of certain individuals. It can note what a child discloses during therapy, when a child shows signs of neglect or when a child is overheard describing sexual acts involving themselves and an adult. It can come across evidence of institutional abuse. The examples go on and on.

However, there are also challenges, which several Members have raised. When the many reports come in—because I trust that this legislation will be passed—they will not all meet the threshold for substantiated abuse, and therefore there will be a strain on resources. There is also the fear that mandatory reporting could deter victims or their families from seeking help; for example, in a healthcare setting, patients and/or their parents might withhold information from doctors out of concern that it will trigger a report. As has been raised, it can lead to false or unsubstantiated claims, which can cause immense harm to innocent accused individuals.

There are examples of overreporting, when professionals report cases out of a fear of legal consequences for failing to report, even when abuse is unlikely. There is also a danger that in situ—in healthcare, counselling, children’s social services, et cetera—mandatory reporting may harm trust between professionals and clients, especially if the clients fear legal or social repercussions. There are issues around breaches of confidentiality, retaliation and a fear of reporting, the risks of mismanagement where there is insufficient training, and harm to children where they are removed with insufficient cause.

However, it is the case that mandatory reporting laws have helped foster a societal shift towards recognising the seriousness of child sexual abuse, and awareness campaigns and the legal mandate have reduced tolerance for abuse in settings such as schools and religious and sports organisations. I hugely welcome the Bill. While there are things to watch out for with the introduction of mandatory reporting, which will come, the Government absolutely must address the challenges and fund—I emphasise: fund—the training that mandatory reporting will inevitably bring with it.