'Mandated reporters' was one of the recommendations from the Independent Inquiry into Child Sexual Abuse. It states that "the UK Government and Welsh Government introduce legislation which places certain individuals - 'mandated reporters' - under a statutory duty to report child sexual abuse where they receive a disclosure of child sexual abuse from a child or perpetrator, witness a child being sexually abused or observe recognised indicators of child sexual abuse".
The Welsh Government has also sought views on the code of safeguarding practice, published as part of its guidance on safeguarding arrangements in Wales.
Our response
- The goal of any child protection policy is to ensure that children are protected from harm. An evidence review by the RCPCH has shown that mandatory reporting increases the instances of reported abuse, however there is limited evidence to show that an increase in reports leads to an increase in protection or better outcomes for children.
- Outcomes for children depend, at least in part, on the capacity of the system into which reports are made. It is essential that there is assurance that reported abuse will be investigated and acted upon, and that potential unintended consequences of mandatory reporting do not occur. There is little information about any unintended consequences that arise from changes in thresholds to referral, secondary to the induction of mandatory reporting. These could include potential harm from families not feeling comfortable to seek help and the impact non-substantiated referrals can have on the children and their family.
Our recommendations
RCPCH Wales is asking the Welsh Government to consider the five following points when examining whether a mandatory reporting duty is best for children in Wales:
- All types of child abuse must fall under any mandatory reporting duty rather than individual categories of abuse, so as not to create a 'hierarchy of abuse'.
- A children's rights-based approach must be followed and a children's rights impact assessment carried out.
- In light of evidence that social care systems cannot always respond to the rise in reports when mandatory reporting is introduced, a systems impact assessment must be carried out to better understand how social care systems will adequately respond to child abuse reports.
- Measurable outcomes for children must be built into any plans and the result of an introduction of mandatory reporting has to be adequately monitored to ensure that it is resulting in better outcomes for children, rather than simply an increase in reports.
- The Welsh Government must establish and clearly define the practical mechanisms which would exist as a part of mandatory reporting. These should include a threshold for reporting, abuse types, thresholds for culpability and reporting systems and processing.
The RCPCH position on mandatory reporting of child abuse explores the topic in greater detail. RCPCH's position on mandatory report is supported by the Royal College of General Practitioners.
We respond to a wide range of consultations to ensure that the College’s position, and ultimately children’s health, is represented. Members can get involved in current consultations by contacting us at: enquiries-wales@rcpch.ac.uk.