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‘Detriment’ can be experienced by staff who report child abuse. Our updated legislative proposal for Mandatory Reporting addresses it.

From evidence given to IICSA , the Royal Commission into Institutional Responses to Child Sexual Abuse, the Hart Inquiry and the Scottish Child Abuse Inquiry, it is apparent that personnel working in Regulated Activities who do the right thing and adhere to discretionary ‘guidance’ and in some cases professional ‘expectation’ to report known or suspected child sexual abuse, often do so at great personal cost. We have heard of reporters being bullied, alienated from work colleagues, isolated and often forced out of the workplace through a variety of means including constructive dismissal.

To address this practice we took legal and academic advice and have updated our legislative proposal for the introduction of well-designed Mandatory Reporting by those employed in Regulated Activities such as teachers, sports coaches, clergy, healthcare personnel and many more.

The revised draft legislation can now be downloaded here.

For quick reference there are three new clauses to address ‘detriment’ which we feature below :

With mandated reporting of defined concerns supplemented by protection from ‘detriment’, our proposed legislation would put England and Wales on a par with the majority of jurisdictions in the rest of the world.

February 28th, 2022|

HoC Briefing Paper | ‘Child Protection: duties to report concerns’ | Our critical review of a flawed document

HoC Library asserts it’s a politically impartial research and information service for MPs and their staff. Yet serious questions arise with this briefing paper because it is based on incomplete research which omits evidence from other jurisdictions. These omissions cause the paper to provide an unintentionally misleading picture of this important subject.

Our review is here

October 26th, 2021|

Home Office: Tackling Child Sexual Abuse Strategy 2021 | No strategy, few proposals and little money

A claim repeated by Home Secretaries of all stripes

The critique uses our default two column format to highlight the many shortcomings in this ‘strategy’ document. It has the appearance of having been designed to assist government minimise/dismiss any meaningful recommendations IICSA might make in its final report, the big ticket item being mandatory reporting, This is expected in 2022.

Our critique is available here

October 5th, 2021|

Review of : “The Scale and nature of child abuse” by The Centre of Expertise on Child Sexual Abuse | Its value is limited

Before commenting on the report which was released on 9th June 2021,  it is necessary to make you aware that the ‘Centre of expertise on child sexual abuse’  is entirely funded by the Home Office which is trenchantly against the introduction of well-designed mandatory reporting of known and suspected child sexual abuse by those working in Regulated Activities (“RA”).

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July 21st, 2021|

Is safeguarding in sport fit for purpose? Our written submission to the House of Lords Sport and Recreation Committee

Our now published written evidence dated 24 May 2021 is available here for download.

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June 13th, 2021|

Boarding Schools’ Association says it wants Mandatory Reporting | (as long as it doesn’t work)

In recent weeks the Sunday Times has run a series of articles about non-recent sexual and physical abuse in boarding schools. The articles stemmed from Louis de Bernières going public about the abusive time he had while a pupil at Grenham House in Birchington, Kent.

Here’s the first article, the second and the most recent from 02.05.21 is below:

Sunday Times 2 May 2021
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May 8th, 2021|

Scotland : Child abuse victims are still going undetected  || Yet Scottish academics still mistakenly reject mandatory reporting

On 22nd October 2020 an article by Dr Sarah Nelson of the Centre for Research for Families and Relationships appeared in The Scotsman.

The Scotsman 22.10.20. You can read the article here

The reader is informed :

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November 11th, 2020|

The Whyte Review – some considerations.

It is hoped the Whyte Review reveals abuses and safeguarding shortcomings within gymnastics and makes appropriate recommendations. That said it’s important to appreciate the limitations of such reviews. Unlike a statutory inquiry no clubs or coaches can be compelled to provide evidence. Recommendations Anne Whyte QC makes might or might not be adopted by the sports body in question. Those that are adopted then have to be delivered, sustained and enforced by the very organisations under whose umbrella the shortcomings occurred. We highlight some further challenges below and hope when it concludes that British Gymnastics will publish annual safeguarding data to evidence how the review has impacted safeguarding and to give parents of future gymnasts the confidence to enrol their children in the sport.

Here is some background …..

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October 15th, 2020|

Mandate Now observations on Law in Sport article about mandatory reporting for sport

The Law In Sport article was published on 30th July 2020. Mandate Now was sent a link by a social media follower who correctly thought it would interest us. It’s author Richard Bush is an Associate in Bird & Bird’s Sports Group, We have interpolated our comments into his article below using this ‘comment’ format in italics. All photographs and sound files form part of our commentary.

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August 3rd, 2020|

Here are the 779 submissions made to the 2016 ‘Reporting and Acting on Child Abuse and Neglect’ consultation. Councils, Royal College’s healthcare, education, faith, NGO’s and similar

The Information Commissioner’s Office ruled in our favour against the Home Office requiring it to provide us with the submissions to the MR consultation.

The submissions provide useful information, but it’s a depressing picture of sparse safeguarding understanding in so many Regulated Activities. It is the Department for Education which is responsible for the disrepair and dysfunction within the safeguarding framework that fails staff, children and their parents. The framework’s design emerged from social work practice, dominated as it is by familial neglect and its consequences. The resulting thicket of confusion was then misapplied to strategically important and complex Regulated Activities in a thoughtless ‘one size fits’ all approach. As data reveals these settings require the legislative foundation of well-designed MR.

Like us you may find many of the responses from professional bodies quite inexplicable.

Surprisingly perhaps, no National Governing Bodies of sport made a submission to the consultation. Why not? Neither did the Catholic Church or the Church of England with the exception of the Diocese of Canterbury (see #556 and the answer to Q7), and it’s worth reading.

To use the data, we suggest you click on ‘Index of Consultation Responses’ and either scroll through or word search what you are looking for. Then open ‘consultation responses’ and go to the corresponding index number.

Index of Consultation Responses

Consultation Responses

January 31st, 2020|