The full report can be read here.
As far as mandatory reporting is concerned the Inquiry recommends (Recommendation 13, p.225):
The following persons should be designated ‘mandated reporters’:
- any person working in regulated activity in relation to children (under the
Safeguarding and Vulnerable Groups Act 2006, as amended);- any person working in a position of trust (as defined by the Sexual Offences Act
2003, as amended); and- police officers.
It is interesting that the Inquiry recognised that mandatory reporting could be counter-productive and that there are some instance where it shouldn't apply, even for mandated reporters.
81. Children and young people told the Inquiry that mandatory reporting could discourage children from disclosing sexual abuse for fear of the potential consequences for them, for their families and potentially for their abuser. The National Society for the Prevention of Cruelty to Children has separately observed that children might be deterred from accessing support in respect of mental health or sexual or reproductive health if professionals were required to report abuse that they became aware of through such treatment.
82. Some victims and complainants told the Inquiry that when they sought help they wanted the abuse to stop, without wanting there to be any legal consequences. Children and young people have commented that, once a report is made, they may feel a loss of control over this aspect of their lives. They may not be able to decide for themselves whether to engage with the criminal justice system, particularly where the abuser is a peer who they do not necessarily want to see investigated by police and prosecuted in a criminal court. The distress that children and their families might feel at the prospect of a formal investigation into allegations must not be underestimated.
83. It is also possible mandatory reporting could deter families from seeking help and that families are more likely to self-refer where they believe their disclosure will be handled confidentially. Parents may be worried about the consequences of disclosing a concern about sexual abuse in their household if they believe it would lead to the criminal investigation of a family member. Social, familial and economic factors might also influence parents’ decision-making.
85. In the delicate balance between the need to provide an individual child with confidential advice and support (whether medical, psychological, legal or social) and ensuring child sexual abuse is prevented, it is essential to recognise that there are some circumstances where privacy ought to be protected and some where prevention is paramount. One important example is in the context of consensual, non-abusive relationships between young people. In other jurisdictions, mandatory reporting laws provide for exemptions to the duty to report where the child concerned is in a sexual relationship with a person who is near in age to them and where that relationship lacks features of exploitation or coercion. The Inquiry considers that it is desirable that such a measure is included in a new mandatory reporting law.
I should note that the recommendation regarding 'mandated reporters' would not include Jehovah's Witnesses as they are neither a regulated activity in relation to
children, nor in a position of trust (as defined by the
Sexual Offences Act 2003).