A Landmark Step Towards Protecting Child Abuse Victims: Criminalising a Failure to Report

In January 2025 the UK government introduced a Bill to Parliament which, if successful, could take major strides towards better tackling and preventing child sexual abuse by taking three proposed steps. 

Firstly, and perhaps most significantly, failure to report child sexual abuse, where there is clear and obvious evidence of its occurrence, will face greater, and potentially criminal, consequences. 

Secondly, there will also be provisions made in the legislation to ensure that act of ‘grooming’ a child for sexual exploitation is considered an aggravating factor during the sentencing of perpetrators of child abuse. 

Thirdly, there will also be steps taken to accelerate the expansion of the Child Sexual Exploitation Police Taskforce. 

The remainder of this blog will focus on the feasibility and significance of the reform promised by the UK Home Secretary, Yvette Cooper, to criminalise a failure to report child sexual abuse in circumstances where a duty of care to do so would arise. 

What are the implications of this new law?

Professionals such as teachers, social workers, and healthcare providers will face severe consequences including the possibility of loss of employment and, in especially egregious circumstances that might be characterised as wilfully enabling the abuse to continue, potential prison sentences. 

However, importantly, the law would not provide for consequences in situations where professionals simply observe signs of abuse but do not have definitive knowledge of its occurrence. 

A History of Debate: Why Now?

This development has been years in the making, driven by the Independent Inquiry into Child Sexual Abuse (IICSA), which has repeatedly emphasized the scale of child sexual abuse in the UK and the institutional failures that can allow it to continue.  

In particular, there has been increased spotlight on the pervasiveness of childhood sexual abuse following recent high-profile exploitation scandals implicating Local Authority employees as being willing to ‘turn a blind eye’, as well as, more broadly, the fallout surrounding abuse perpetrated by public figures such as Jimmy Savile. 

In response, after previous governments had indicated an intention to explore the possibility, the Bill announced in January 2025 aims to take major strides towards revolutionising perspectives and culture surrounding abuse prevention. 

Why is this Law Important?

The introduction of this law may not change the process of convicting abusers, but it could drive a cultural shift towards greater proactivity and personal responsibility in reporting abuse. 

One example of this may be observed in the fact survivors of sexual abuse may choose to seek compensation through civil claims, typically targeting Local Authorities or public institutions. This allows individuals in safeguarding roles under the employment of that Authority and who may have known about the abuse, such as social workers or teachers, to avoid responsibility, as it will be their employer that shoulders the liability for failing to act. 

In scandals alike those in Rotherham and Rochdale, there is evidence suggesting similar circumstances may have arisen in the cases of at least some of the approximately 1,500 children abused. However, the new law could encourage professionals to act more swiftly and decisively, as increased accountability may motivate staff to prevent further abuse, not just to comply with legal duties but also to protect their careers and professional integrity.

The Road Ahead: What Could This Mean for Child Protection?

Some advocates for child protection have expressed concerns that the new law may cause some individuals to prioritise complying with their legal obligations over genuine safeguarding, effectively creating a ‘tick-box’ mentality. However, supporters broadly believe this law is a proportionate step towards addressing a supposed culture of ignoring abuse. 

While, in this sense, the new law may represent progress, its effectiveness and enforcement, ensuring the wellbeing of future generations, remains to be seen.

Contact Us

If you have been a victim of physical and/or sexual abuse and would like to speak to one of our Specialist Abuse Lawyers in confidence, please do not hesitate to contact us.

We have the knowledge and experience to advise you on the available options for pursuing a Criminal Injuries Compensation Claim and/or civil damages claim.

Our Sexual Abuse Compensation Team can be contacted by telephoning 08009555094 or 03303001103.