My Lords, I support the amendment. I begin by pointing out that, had I been in this House two years ago, I would not have
supported it. It is my experience of listening to and hearing stories, not just from within the church sector but from many sectors, that has led me to be convinced that this is a move we need to make.
Currently, under the Safeguarding Vulnerable Groups Act 2006, a form of mandatory reporting already exists; that is to say, a duty to refer arises in certain situations connected with regulated activity. Admittedly, that is just for vetting purposes, but what the noble Baroness, Lady Walmsley, effectively proposes is an extension to this. It will mean that those who work with children or vulnerable adults in regulated activity and have reasonable grounds for suspecting or knowing that abuse of these vulnerable groups has taken place are under a duty to report this to the local authority. I wholeheartedly support this principle, and I welcome the suggested amendment. Indeed, every person who works with children or vulnerable adults, which includes teachers, doctors, nurses, youth workers and volunteers, has a responsibility for keeping them safe. No one individual could possibly have a complete picture of a vulnerable person’s situation. All professionals who come into contact with those vulnerable groups have,
“a role to play in identifying concerns, sharing information and taking prompt action together”.
That is from Working Together to Safeguard Children.
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At present, those professionals who fail to report may face disciplinary procedures or be held to account in a serious case review. Yet, far too often in the past, abusers have been allowed to get away with their crimes because those in authority have failed to report. As the recent NHS inquiry in relation to Jimmy Savile at Leeds General Infirmary stated, a number of organisational failures had allowed someone,
“as manipulative as Savile to thrive and continue his abusive behaviour unchecked for years”.
The serious case review in relation to Vanessa George at Little Ted’s Nursery in Plymouth noted that, while the offender exhibited high levels of sexual behaviour and often engaged staff in inappropriate discussions of sexual activity, no concerns were raised with the manager and no action was taken. This failure contributed to providing,
“an ideal environment within which George could abuse”.
Similarly, there is the case of the teacher Nigel Leat. Leat was jailed indefinitely in 2011 after admitting 36 sexual offences. He had been allowed to get away with his crimes because, despite numerous reports to the head teacher from staff and parents raising concerns over a 14-year period, the head teacher had not kept accurate safeguarding records, had failed to report concerns and ultimately did not meet his responsibilities to safeguard children in his care.
More recently, the serious case review into the tragic death of Daniel Pelka at the hands of his mother and her partner stated:
“Unlike the UK, some countries have a process for mandatory reporting of child care concerns to government departments, which raises the question that if it existed here, whether injuries seen upon Daniel would have been independently reported by individuals to the authorities”,
and thereby resulting in further more effective interventions to protect Daniel. That was published last September.
There are too many other cases. Too often, confusion over the threshold for reporting and concerns about confidentiality have prevented those who have suspicions or concerns that an individual is being abused reporting those concerns to the appropriate authorities.
Many countries already have some form of mandatory reporting. Indeed, in Northern Ireland it is an offence not to report an arrestable crime to the police which, of course, includes crimes against children or vulnerable adults. There has already been mention of Australia, the United States and the vast majority of jurisdictions in Canada. Of course, in introducing this we would need to look at which of those systems works most effectively, because they operate differently. Mandatory reporting acknowledges the seriousness and often the hidden nature of abuse, and can enable the early detection of cases which may not otherwise come to the attention of the authorities. It reinforces the moral responsibility of individuals to report suspected and known abuse, concerns and/or allegations. Such laws help to create a culture which puts the most vulnerable first, where their welfare is paramount and serves to illustrate that abuse will not be tolerated in any circumstances.
Of course, I acknowledge that the introduction of mandatory reporting will not provide a complete solution but it will serve to increase professionals’ and the community’s awareness of abuse and, as stated, put the needs of the vulnerable first. This can, of course, mean that there is a substantial increase in the number of reports being made to the authorities—probably particularly in the first instance. That is why it is essential that such authorities are resourced properly and that adequate funding is provided so that support services can respond and intervene where needed, and to such an extent that preventive work is not restricted. In addition, it is essential that professionals, who are subject to such a duty, are properly trained so that they are aware of which cases should and should not be reported.
Last week, the Prime Minister asked in the other place,
“should we change the law so that there is a requirement to report and make it a criminal offence not to report? … I think it may well be time to take that sort of first step forward”.—[Official Report, Commons, 9/7/14; cols. 282-83.]
We have already had reference to the NSPCC and I agree with the critique of the noble Baroness, Lady Howarth, though welcoming Peter Wanless and the NSPCC’s move.
I therefore support the noble Baroness, Lady Walmsley, in tabling this amendment and urge the Government to do likewise. We cannot continue to fail the most vulnerable in our society. If our country is to grow and thrive, we must act now and ensure that we establish a culture that will not tolerate abuse. Mandatory reporting of such crimes will assist us in that task. Hearing far too many stories of unreported behaviour has led me seriously to change my mind in the past two years and is why I support this amendment.