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

Lord Browne of Ladyton Excerpts

2nd reading
Friday 17th January 2025 Lords Chamber

[Lord Browne of Ladyton (Lab)]

My Lords, I recognise that your Lordships’ House is in pretty well universal agreement, and I count myself part of that supportive chorus in saying that mandatory reporting is critical for the accountability for and prevention of child sexual abuse and the safeguarding of our children.

I have questions about the Bill, but no questions whatever about the seriousness, rigour and passion that the noble Baroness, Lady Grey-Thompson, brings to her campaigning on this and other issues that come before your Lordships’ House. So, although I have questions, they are offered in a constructive, not to say supportive, fashion.

The Government say that mandatory reporting will be part of the crime and policing Bill planned for the spring. This will, I suspect, preclude them from accepting this Bill, preferring to introduce measures as part of their own legislation. However, I suggest that my noble friend Lord Hanson of Flint, the Minister, finds a way to embrace this Bill, as suggested by the noble Baroness, Lady Walmsley, because it makes a substantial contribution to that ambition of the Government, and we should work together with the noble Baroness to ensure that the Bill is reflected in the eventual legislation as quickly as possible.

As part of a previous life practising law, largely child law, in Scotland, I have some experience of these issues, albeit in a—very—different jurisdiction. However, I am conscious that there are other Members of your Lordships’ House who have more direct and substantive experience of this jurisdiction. I will therefore take up as little time as possible—well, I have little time anyway—to make the two points I want to make.

I will focus first on the provisions under Clause 2(1), which stipulates that

“if the report under section 1 is made orally, the maker of the report must confirm the report in writing no later than seven days thereafter”.

Clause 3(1) makes a failure to do so an offence. In principle, I see nothing wrong in that, but I worry about its ability to survive a test of the real world. Imagine the following scenario: a newly qualified teaching assistant or other member of staff in their general welfare role, as defined by Clause 2(6)(a), wishing to pass on a suspicion of sexual abuse, makes an oral report under conditions of high emotion. Some six days later, they then have to sit down and attempt to write a letter to the local authority-designated officer to support their claim. It seems possible, if not likely, that there, the delay in the change of medium might lead to discrepancies between the two accounts, which could become significant later on and which could be challenged in some other circumstances.

The production of such a letter is not something I would do without legal support—I say that even with many years’ experience of practising law. I suspect that any difference between oral and written affirmation would be fraught with legal jeopardy at some point in the future. If written evidence is necessary, as I believe those who helped draft the legislation think it is, would it not be better to impose the duty of producing such written testimony on the person who receives it, whether the local authority-designated officer or an employee of the local authority children’s services?

My other question centres around Clause 2(7), which describes exceptional cases in which a Secretary of State can suspend or rescind temporarily the duty to refer. I am not seeking to score points here, but what “exceptional” circumstances is this provision designed to cover? I am not short of imagination, but, even after several days of devising hypothetical scenarios to meet this case, I have thus far been unable to conceive of circumstances in which it would be better for a child’s “welfare, safety or protection” to continue to be abused rather than to have that stopped. As I say, I know those who drafted the Bill would have done so with specific circumstances in mind and, just as a point of information, I would be grateful if they could be outlined.