Do I legally need to report child abuse if I’m aware it’s happening?

There is currently no legal obligation for individuals in England to report child abuse. Statutory guidance from the government states ‘anyone with concerns about a child’s welfare should consider if a referral should be made to social services, and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so’.
This only states that people with concerns about a child’s welfare ‘should consider’ making a referral. However, some individuals are required to report child safeguarding concerns under codes of conduct set by their professional regulatory body, such as teachers, youth workers or scout leaders.

An independent inquiry into child sexual abuse, published in October 2022, recommended that the government introduce legislation placing certain individuals under a statutory duty to report child sexual abuse in certain circumstances. Failing to report the abuse in such circumstances would be a criminal offence.

In February 2024, Home Secretary James Cleverly said “after listening to victims and survivors, and reviewing the work of the independent inquiry, we are working quickly to get a mandatory reporting duty for child sexual abuse into legislation.”

In Wales, certain public bodies have been under a duty since April 2016 to inform social services if they have ‘reasonable cause to suspect that a child’ who has needs for care and support is at risk of abuse, neglect, or other kinds of harm. But it is not a criminal offence for individuals to fail to report a child at risk.

Mandatory reporting laws are in force in several other countries including the majority of Europe, some of the USA, Canada, and Australia.

According to the inquiry, England does not yet have mandatory reporting laws due to concerns regarding potentially unmanageable increases in the number of referrals made to social services. Others have stated that there is no need for it because England’s rates for referrals are already higher than in jurisdictions which have mandatory reporting laws. However, in the inquiry’s investigations they found that allegations and indicators of child sexual abuse were under-reported by adults who ought to have reported them.

Jordans Solicitors – helping victims of sexual abuse claim compensation

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.