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).