Skip to main content
Home
Menu Close

Utility menu

  • Why join BASW
  • Events
  • Media Centre

Popular on BASW

Campaigning and influencing
World social work day
Social work stands against poverty
People with lived experience
Career stages
Cost of living crisis

Main navigation

  • About social work
    • What is social work?
    • Topics in social work
    • Professional Social Work (PSW) Magazine
  • Careers
    • Become a social worker
    • Returning to social work
    • For employers
    • Specialisms
    • Career stages
    • Jobs board
    • Work for BASW
  • About BASW
    • Campaigning and influencing
    • Governance
    • Social work around the UK
    • Awards
    • Social work conferences UK
    • International Work
    • Feedback, suggestions & complaints
  • Training & CPD
    • Professional Development
    • Professional Capabilities Framework
    • Let's Talk Social Work Podcast
  • Policy & Practice
    • Resources
    • National policies
    • Equality, Diversity, and Inclusion
    • Working with...
    • Research and knowledge
    • Standards
  • Support
    • Advice & representation
    • Social Workers Union (SWU)
    • Social Work Professional Support Service (SWPSS)
    • Independent social workers
    • Student Hub
    • Financial support
    • Groups and networks
    • Membership renewals
    • How to contact us
Professional Social Work Magazine

Professional Social Work Magazine (PSW)

Main navigation

  • Digital editions
  • Guidance for contributors
  • PSW articles
  • Advertising

Mandatory reporting of CSA will criminalise social workers for not acting

Concern over 'unintended consequences' as a result of government plan aimed at reducing child sexual abuse

Published by Professional Social Work magazine, 12 April, 2023

Social workers in England and Wales will be required by law to report a disclosure or suspicion of child sexual abuse.

The government is to launch a "call for evidence" consultation before implementing the new duty which will apply to all professionals working with children. A failure to do so could result in criminal prosecution.

Mandatory reporting of child sexual abuse was a key recommendation of the Independent Inquiry into Child Sexual Abuse (IICSA).

Announcing plans to adopt the measure last month, home secretary Suella Braverman sparked controversy after claiming professionals turned a blind eye on gangs of "overwhelmingly" Pakistani men grooming girls in places like Rotherham and Rochdale out of fear of being called racist.

Her comments, repeated by Prime Minister Rishi Sunak, were condemned as “dog-whistle” politics by Labour Mayor of West Yorkshire, Tracy Brabin.

Mandatory reporting of child sexual abuse (CSA) was initially put forward under the Serious Crimes Bill in 2014.

A consultation was launched by the Department for Education in 2016. Its findings, published in 2018, ruled out changing the law, claiming doing so would not make children safer.

It warned of creating “risk averse behaviour driven by fear of sanctions” increasing referrals and creating a “needle in a haystack effect”, making it harder to identify real cases.

The report said mandatory reporting could also increase interventions in family life causing disengagement and put people off disclosing abuse if they knew workers legally had to report it.

However, the IICSA in its final report published last October, said the evidence it had examined had led it to reach “different conclusions”.

It said throughout its investigations the inquiry “repeatedly found that allegations and indicators of child sexual abuse were under-reported by adults who ought to have reported them”.

Mandatory reporting would be a “powerful weapon against child sexual abuse” and also improve support for victims, said the IICSA.

Announcing the government’s change of direction, Braverman said: “Every adult must be supported to call out child sexual abuse without fear.

“That’s why I’m introducing a mandatory reporting duty and launching a call for evidence. We must address the failings identified by the inquiry and take on board the views of the thousands of victims and survivors who contributed to it.”

However, children's services leaders questioned the move.

John Pearce, president of tthe Association of Directors of Children's Services, said: “Many professionals already face serious sanctions if they knowingly fail to pass on information about suspected abuse, and that is right.

"There is no evidence that mandatory reporting would provide greater protections for children or improve their outcomes. It is important that any potential unintended consequences are considered such as the risks of overwhelming the systems already in place to protect children and our staff.

"The introduction of a similar duty in Australia led to a significant increase in contacts, the majority of which were unsubstantiated and there are also other international examples we can learn from. If a mandatory reporting duty was introduced, it would need to be fully funded by central government. We await more details and will be responding to the call for evidence in due course.”

Speaking to PSW last year, professor Ray Jones, who is leading an independent inquiry into children's social care in Northern Ireland, also urged caution. He warned professionals could end up “insuring themselves from possible criminal charges by flooding child protection services with any and every possible low level concern”.

But Jonathan West, a child protection campaigner, claimed concerns about the system being “swamped” by referrals were not borne out in countries that already mandate reporting.

In a Twitter thread written in wake of publication of the IICSA final report last October, he wrote: “The threshold for reporting has to be a reasonable one.

“’Reasonable grounds for suspicion’ is a well-established phrase, familiar to any magistrate. Mandated reporters will have been given training and guidance of the signs which give rise to reasonable grounds for suspicion.”

Mandatory reporting of child sexual abuse is not the first time the government has attempted to bring in a new law that could potentially criminalise social workers. In 2015, then Prime Minister David Cameron announced plans to extend the crime of wilful neglect to children’s social care.

Cameron said he wanted to send an “unequivocal message that professionals who failed to protect children will be held properly accountable”.

The move sparked a backlash from social workers angered at the prospect of a five-year prison sentence hanging over their head.

They criticised the government for singling out individual social workers to blame for failings that might be systemic. The plans were quietly dropped.

Date published
12 April 2023

Join us for amazing benefits

Become a member

Have a question?

Contact us

BASW: By your side, every step of the way

British Association of Social Workers is a company limited by guarantee, registered in England. 

Company number: 00982041

Wellesley House, 37 Waterloo Street, 
Birmingham, B2 5PP
+44 (0) 121 622 3911

Contact us

Follow us

Copyright ©2023 British Association of Social Workers | Site by Agile Collective | Privacy Policy

  • About social work
    • What is social work?
      • What social workers do
      • People with lived experience
      • Regulators & professional registration
      • World Social Work Day
    • Topics in social work
    • Professional Social Work (PSW) Magazine
      • Digital editions
      • Guidance for contributors
      • PSW articles
      • Advertising
  • Careers
    • Become a social worker
    • Returning to social work
    • For employers
    • Specialisms
    • Career stages
      • Self-Employed Social Workers
        • Your tax affairs working through umbrella service companies
      • Agency and locum social work
    • Jobs board
    • Work for BASW
      • BASW Council vacancies
      • Finance & Organisational Development Committee members
  • About BASW
    • Campaigning and influencing
      • Artificial Intelligence (AI) in Social Work
      • BASW in Westminster
      • General Election 2024
      • Relationship-based practice
      • Social Work Stands Against Poverty
      • This Week in Westminster | Blog Series
      • UK Covid Inquiry
      • Professional working conditions
      • Housing & Homelessness
    • Governance
      • BASW AGM and general meetings
        • 2025 Annual General Meeting (AGM)
        • BASW GM 2025
        • Previous BASW AGMs
      • BASW Council
        • BASW Council biographies
        • BASW Council voting 2025
        • Vacancies on Council and committees 2025
      • Staff
      • Committees
      • BASW and SWU
      • Our history
      • 50 years
      • Special interest, thematic groups and experts
      • Nations
    • Social work around the UK
      • BASW Cymru
        • BASW Cymru Annual Conference 2024
        • Campaigns
      • BASW England
        • Campaigns
          • Homes Not Hospitals
          • Social Work in Disasters
          • 80-20 campaign
          • Review of Children’s Social Care
        • Meet the Team
          • BASW England Welcome Events
        • Our Services
          • Mentoring Service | BASW England
        • Social Work England
      • BASW Northern Ireland
        • About Us
        • Consultation responses
        • Find out about the BASW NI National Standing Committee
        • Political engagement
        • BASW NI & IASW's associate membership
        • BASW NI and Queen’s University Belfast launch affiliate membership
      • SASW (BASW in Scotland)
        • About Us
        • Mental Health Officer's Conference 2025
        • Our Work
          • Cross-Party Group on Social Work (Scotland)
          • Social Work Policy Panel
          • Equality, Diversity, and Inclusion
          • Supporting refugees
          • Campaigns
        • Coalitions & Partnerships
        • Get Involved
    • Awards
      • Amazing Social Workers
        • Amazing Social Workers profiles: Week 1
        • Amazing Social Workers profiles: Week 2
        • Amazing Social Workers profiles: Week 3
        • Amazing Social Workers profiles: Week 4
        • Amazing Social Workers profiles: Week 5
      • The BASW Social Work Journalism Awards
    • Social work conferences UK
      • BASW UK Student Conference 2025
      • Social work conference programme
      • The UK Social Work Conference 2025
        • Tickets and booking
        • Programme
        • Online programme
        • Speakers
        • BASW UK conference poster exhibition
        • Exhibitors
        • Venue and travel
        • Programme
    • International Work
      • Israel and Palestine/Gaza conflict | BASW/SWU Information Hub
      • IFSW and other international social work organisations
      • Influencing social work policy in the Commonwealth
      • Invasion of Ukraine | BASW Information Hub
    • Feedback, suggestions & complaints
  • Training & CPD
    • Professional Development
      • General Taught Skills Programme
      • Student Learning
      • Newly Qualified Social Worker Programme
      • Practice Educator & Assessor Programme
      • Stepping Stones Programme
      • Expert Insight Series
      • Social Work in Disasters online training
        • Module 1: Introduction to Social Work in Disasters (Online training)
        • Module 2: Law, Policy and Best Practice (Social Work In Disasters Training)
        • Module 3: Person-centred and research informed practice within a multi-agency context (Social Work in Disasters Online Training)
        • Module 4: Responding, using theory and self-care (Social Work in Disasters Online Training)
      • Overseas Qualified Social Worker (OQSW) Programme
    • Professional Capabilities Framework
      • About the PCF
      • Point of entry to training
      • Readiness for practice
      • End of first placement
      • End of last placement
      • Newly qualified social worker (ASYE level)
      • Social worker
      • Experienced social worker
      • Advanced social worker
      • Strategic social worker
    • Let's Talk Social Work Podcast
  • Policy & Practice
    • Resources
    • National policies
    • Equality, Diversity, and Inclusion
    • Working with...
      • Older people
        • Learning resources
        • Useful resources to support social work capabilities with older people
      • Autistic people
        • An introduction to the Capability Statement
        • Capabilities Statement and CPD Pathway: Resources
          • Autistic adults toolkit
            • Autistic adults toolkit introduction
            • Feedback tool
            • Induction tool
            • Introduction to video: Sylvia Stanway - Autistic not broken
            • References
            • Reflective tool
            • The role of the social worker with autistic adults
            • Top tips
          • Organisational self-assessment tool
          • Post-qualifying training programmes
        • The Capabilities Statement for Social Work with Autistic Adults
      • People with learning disabilities
        • Introduction
        • Capabilities Statement and CPD Pathway: Resources
          • People with learning disabilities toolkit
            • People with learning disabilities toolkit introduction
            • Information sheet
            • Top tips
            • Induction tool
            • Reflective tool
            • References
            • Hair tool
          • Organisational self-assessment tool
          • Post-qualifying training programmes
        • The Capabilities for Social Work with Adults who have Learning Disability
    • Research and knowledge
      • Research journals
      • BASW bookshop
    • Standards
      • Code of Ethics
        • BASW Code of Ethics: Launch of 2021 refreshed version webinar
      • Practice Educator Professional Standards (PEPS)
      • Quality Assurance in Practice Learning (QAPL)
  • Support
    • Advice & representation
    • Insurance Cover
    • Social Workers Union (SWU)
    • Social Work Professional Support Service (SWPSS)
      • Become a volunteer coach (SWPSS)
    • Independent social workers
      • Independent member benefits
      • BASW Independents Toolkit
        • Section 1: Foundations for Independent Social Work
        • Section 2: Doing Independent Social Work
        • Section 3: Running your business
        • Section 4: Decisions and transitions
      • BASW Independents directory
      • Independents digital toolkit
      • Social Work Employment Services (SWES)
    • Student Hub
      • BASW Student Ambassador Scheme
    • Financial support
      • International Development Fund (IDF)
    • Groups and networks
      • Special interest groups
        • Alcohol and other drugs Special Interest Group
        • BASW Neurodivergent Social Workers Special Interest Group (NSW SIG)
        • Family Group Conferencing (FGC)
        • Project Group on Assisted Reproduction (PROGAR)
        • The Diaspora special interest group
      • Special Interest Group on Social Work & Ageing
      • Independents local networks
      • Local branches (England)
      • Groups and forums (Scotland)
      • Thematic groups (England)
        • Black & Ethnic Minority Professionals Symposium (BPS)
        • Children & Families Group
          • Children & Families Resources Library
          • Disabled Children's Sub-group
        • Criminal Justice Group
        • Emergency Duty Team Group
        • Mental Health Group
        • Professional Capabilities and Development Group
        • Social Work with Adults Group
        • Student & Newly Qualified Group
        • Social Workers in Health Group
      • Communities of Practice (Northern Ireland)
      • Networks (Wales)
    • Membership renewals
    • How to contact us
  • Why join BASW
    • Benefits of joining BASW
      • The BASW UK University Social Work Education Provider Affiliation Scheme
    • Membership Categories
      • Student member
      • Working (qualified less than 5 years) Membership
      • Working (qualified more than 5 years) Membership
      • Independent membership
      • Newly qualified social worker
      • Retired membership
      • Unemployed/unpaid membership
    • Membership FAQs
    • Membership renewals
    • Membership fees
  • Events
  • Media Centre
    • BASW in the media
    • BASW News and blogs