IICSA and Mandatory Reporting
In this article, Marilyn Hawes of Freedom From Abuse examines the latest report from IICSA (Independent Inquiry into Child Sexual Abuse) and asks schools if they are doing enough to identify and deal with it in their facilities.
The Report
In October, we saw from IICSA (Inquiry Into Child Sexual Abuse), the hideous reports of child abuse in the Church of England, both historic and current. Of course, for those abused it is not historic. It haunts them every day, especially when faced with the media reporting more new cases.
Over the years, IICSA has reported about schools, the BBC, sports clubs, hospitals etc. The reality is where there are children and adults there is a heightened risk of abuse.
The IICSA final report was issued at the end of October. They have done their job. It has helped many come forward and disclose to The Truth Project. This has positively helped people whose voices may have never been heard and improved their own mental health and enabled them to move forward into the light.
However, IICSA has made recommendations, but it hasn’t the power to enforce its views.
“Several years ago, we heard of the tragic death of little Victoria Climbe. The inquiry was undertaken by Lord Lambing, but despite his recommendations being superb, 70% of them are still unadopted.”
Mandatory reporting
What we at Freedom From Abuse, and key charities and child abuse law firms, hope for is mandatory reporting. Currently, we have statutory guidance. This is NOT law. It simply means your head teacher or principal must tell staff that “we expect you to report any suspicions you may have.” If you don’t, you may receive a terse conversation, BUT you will not be charged with any offence.
So, what did Alexis Jay, head of IICSA, say about schools? It does not make pleasant reading! He said that schools;
• Wilfully do not pursue and are ignoring CP measures as presented in written policies; • Show extremely poor judgment; • Fail to obtain sufficient evidence; • Fail to report abuse; • Show failure in leadership; • Do not identify grooming; • Consistently fail across all organisations to document reports; • Fail to follow through; • Fail to report concerns; • Fail to communicate; • Have no consistency throughout organisations in prevention; • Fail to take action in response to disclosures; • Deny and cover up the facts that an issue exists within organisations; and • Fail children within organisations.
In summary, IICSA said that adults preferred to “wilfully ignore reality.“
What an appalling legacy for so many students. They have a human right to stay safe and rely on adults to protect that right.
School staff must, as a matter of urgency, learn to identify grooming methods. Often, by the time it is reported to a member of school staff, it is too late. Your policies, procedures and processes will not stop grooming or prevent harm, unless all staff know what it looks like, how it happens and have the confidence to report it.
Mandate Now
Mandate Now has recently increased their list to include EVERYONE who is caring for children in school and church settings. If it becomes law, it will go further than that to include any settings where there are children. And rightly so.
Here is the link to the updates that Mandate Now have put to the government:
The arguments for and against mandatory reporting legislation
Many countries already have mandatory reporting legislation – including Ireland, France, Canada and certain states in Australia – and studies in such countries show that the legislation increased the number of reports of suspected and known child sexual abuse. In Western Australia for example, the mean number of reports of child sexual abuse per annum increased from 662 to 2,448 after introducing mandatory reporting laws.
The participants at the IICSA’s seminars commented that, under the current regime for reporting, many people are unsure of their reporting duties and the steps they need to take if they only have slight suspicions or have noticed something is “off” for a child.
A law that requires reporting in cases of knowledge and suspicion of abuse would clarify requirements and, hopefully, lead to earlier and more frequent identification of abuse.
The crucial benefit delivered by mandatory reporting is therefore the opportunity to increase the chance of abuse being reported.
This could potentially prevent years of perpetual abuse as well as reducing the trauma and other negative by-products that victims face as adults, including depression, anxiety, self-harm and PTSD. However, the discussion at the seminar included consideration of whether mandatory reporting legislation was the best means to achieve that vital goal.
In particular the IICSA has also noted the risk of an increase in premature and false reporting and that victims may feel they cannot trust an adult and disclose their abuse at a pace that they feel comfortable with, which might result in less disclosures by children themselves.
The introduction of this legislation would also require the Government to expand the budget allotted for investigations of this nature and provide more resources to the local authorities so they are able to review all reports, and training for staff and other professionals. However, the discussion at the seminar included consideration of whether mandatory reporting legislation was the best means to achieve that vital goal.
In particular, the IICSA has also noted the risk of an increase in premature and false reporting and that victims may feel they cannot trust an adult and disclose their abuse at a pace that they feel comfortable with, which might result in less disclosures by children themselves.
The introduction of this legislation would also require government to expand the budget allotted for investigations of this nature and provide more resources to the local authorities so they are able to review all reports, and training for staff and other professionals caught by the regime.
The practical implication is that individuals working with children would need to know how to identify child abuse and how to make reports effectively, and government would need the resources to investigate reports, to actually achieve greater safety for children. The last paragraph is where we at Freedom From Abuse come in. Please call us and make an intelligent choice to learn how to identify harm AS SOON AS POSSIBLE, and embed it into your school safeguarding The practical implication is that individuals working with children would need to know how to identify child abuse and how to make reports effectively, and government would need the resources to investigate reports, to actually achieve greater safety for children. The last paragraph is where we at Freedom From Abuse come in. Please call us and make an intelligent choice to learn how to identify harm AS SOON AS POSSIBLE, and embed it into your school safeguarding
In summary
In summary, this important update conforms to the current design expectations for Bills tabled in parliament. It still mandates prescribed personnel who work with children in ‘Regulated Activities’, to report known and suspected child sexual abuse to specified agencies. Importantly, mandated reporters are protected against ‘detriment’. To create a criminal offence of failing to report prescribed concerns, and for connected purposes.