Mandatory Reporting Is Coming to England: What Organisations Need to Know

After years of campaigning, consultation, and parliamentary debate, mandatory reporting of child sexual abuse is now coming to England. The Crime and Policing Act 2026 received Royal Assent on 29 April 2026, introducing for the first time a statutory duty for individuals working or volunteering with children to report child sexual abuse when they become aware of it. However, the duty is not yet in force. The Government must still introduce commencement orders, alongside supporting regulations and guidance, before the duty becomes legally enforceable.

For organisations across education, health, social care, the voluntary sector, and beyond, this represents a significant shift in the legal landscape. Understanding what the duty requires, who it applies to, and how it differs from what IICSA recommended is essential for anyone with safeguarding responsibilities.

The Independent Inquiry into Child Sexual Abuse published its final report in October 2022, making 20 specific recommendations for England. Among the most significant was the call to introduce mandatory reporting legislation requiring certain individuals to report child sexual abuse in defined circumstances.

IICSA further recommended that failure to report, where a child or perpetrator discloses abuse or where abuse is witnessed, should constitute a criminal offence, and that the duty should extend to situations where recognised indicators of sexual abuse are observed.

The journey from that recommendation to legislation was not straightforward. Attempts to legislate under the previous government fell when Parliament dissolved ahead of the 2024 general election. On 6 January 2025, the Home Secretary announced that the government would introduce mandatory reporting of child sexual abuse in England through the Crime and Policing Act.

The duty will apply to anyone taking part in relevant activity with children in England. A “relevant activity” means either a regulated activity, where the person working would be subject to DBS checks under the Safeguarding Vulnerable Groups Act 2006 or an extra class of activity which includes people who are involved with the family courts when they are making care orders or looking after children pursuant to those orders. Such as teachers, social workers, healthcare professionals, and those working in voluntary roles with children. It also includes religious teachers, if that religious teacher has regular contact with the child i.e. more than 3 days in any period of 30 days.

The duty requires those taking part in relevant activity to make a report if they are told about child sexual abuse, either by a child or an adult involved. In practical terms, a mandated reporter must make a report to the police or local authority children's social care in any of the following circumstances:

A child discloses abuse to them directly; A perpetrator discloses abuse to them; They personally witness abuse taking place; Where they see an image or hear an audio recording of what they suspect is a child sex offence; And where they see an image and they suspect that possession of that image may constitute a child sex offence.

A report must be made as soon as reasonably practicable to prevent the risk of further harm, but in circumstances which involve risk to the life of a child, this may be delayed for a maximum of 7 days in order to manage that risk. 

It is important to note that the duty is for individuals, not organisations. Mandated reporters will have a statutory duty to report sexual abuse, including non-recent abuse. If an individual passes a disclosure to their Designated Safeguarding Lead, they retain personal responsibility for ensuring the concern has actually been referred on to statutory services. They cannot simply assume it has been dealt with.

This is one of the areas where the legislation diverges most significantly from the IICSA recommendations, and it is important for organisations to understand the distinction clearly.

The government has not attached criminal sanctions to a failure to report. However, those who fail to report could be referred to their professional regulator to consider their fitness to practice (where relevant).

A new criminal offence has, however, been created for anyone who attempts to deter an individual from making a report under the mandatory reporting duty. This is an important protection within the framework, recognising the very real risk that individuals in positions of authority may seek to suppress disclosures, whether to protect the reputation of an institution or for other reasons.

At SaS Consultancy Group, we welcome the introduction of a mandatory reporting duty as a meaningful step forward in child protection. However, it is important to be transparent about where the legislation diverges from what IICSA recommended, and what that means in practice.

In common with the previous government's proposals, and in contrast to IICSA's recommendations, the duty to report does not apply where a person observes recognised indicators of child sexual abuse. Failing to make a report when required is also not a criminal offence. This has led to concerns from some, including the Joint Committee on Human Rights, that the duty may not provide effective protection against child sexual abuse.

Some professional bodies, including the Royal College of Paediatrics and Child Health, have expressed concern that the duty as written is not an effective way to help survivors of abuse, citing duplication of existing duties on clinicians and the risk that it could introduce significant inefficiencies into existing health pathways used to report concerns.

For those who worked closely with IICSA, as our partners did across multiple inquiry phases, the rationale behind the original recommendations was grounded in extensive evidence gathered directly from survivors, professionals, and institutions. The absence of a duty triggered by observed indicators, rather than direct disclosure alone, is a notable limitation. Children do not always disclose. Many survivors carry the consequences of abuse for years, or even decades, before speaking about it. A framework that relies primarily on disclosure narrows the protective reach of the law.

These are not reasons to disengage from the legislation. They are reasons to go beyond minimum compliance and invest in the kind of safeguarding culture that the legislation alone cannot create.

Regardless of where one stands on the scope of the legislation, the introduction of this duty creates clear obligations and immediate priorities for organisations across a wide range of sectors. The implementation period that follows Royal Assent is not a reason to delay preparation. It is the window in which organisations should be building the knowledge, systems, and culture needed to comply effectively and, more importantly, to genuinely protect children.

Identify your mandated reporters
The first step is to identify who within your workforce falls within the definition of relevant activity with children, and therefore holds the new statutory duty. This is not limited to professionals in obvious frontline roles. Volunteers working in regulated activity with children are also captured by the duty, meaning sports clubs, faith organisations, youth groups, and community organisations all need to take this seriously. Essentially, if your role already places you in a position of trust or responsibility with children, this duty will apply to you. 

Invest in training
Every mandated reporter needs to understand what the duty requires of them, how to make a report, and how to respond sensitively to a disclosure in a way that does not compromise the child or the reporting process. Disclosure is a moment of profound vulnerability for a child, and the manner in which it is handled matters enormously. Training should not be treated as a tick-box exercise.

Review your safeguarding policies and procedures
Existing policies need to be reviewed and updated to reflect the new duty. This includes clarity on internal reporting pathways, the relationship between internal processes and statutory referrals, the protections in place for those making reports, and what your organisation expects of staff and volunteers from the point of disclosure onwards.

Prepare your leadership and governance
Trustees, senior leaders, and governance boards need to understand the implications of this legislation for organisational risk, culture, and accountability. Mandatory reporting is not solely a frontline issue. It requires strategic ownership at the highest level.

If you would like to discuss what mandatory reporting means for your organisation, we offer a free initial consultation with no obligation. Charity and non-profit organisations can also access our free safeguarding surgery on the first Thursday of every month. Get in touch with us today at contactus@sasconsultancygroup.co.uk.