What are we going to do? 

We are going to better safeguard children and young people at risk of sexual abuse by implementing key recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA). Measures in the Crime and Policing Bill will: 

(a) Introduce a new statutory duty for individuals undertaking key roles with responsibility for children and young people in England to report sexual abuse when they are made aware of it. 

(b) Create a new criminal offence of obstructing an individual from making a report under the duty. 

(c) Remove the supervision exemption from the definition of regulated activity so relevant roles are eligible for the highest level of check issued by the Disclosure and Barring Service (DBS) checks, regardless of whether they are supervised or not. 

(d) Legislate to make grooming an aggravating factor in the sentencing of child sexual offences. The presence of an aggravating factor means that the offending is more serious, so that a more substantial penalty may be justified. Where a sentencing court concludes that a child sex offence involved or was facilitated by grooming behaviour, it will be obliged to treat this as an aggravating factor. This will include (but is not limited to) offences committed by individuals involved in grooming gangs. 

How are we going to do it? 

The duty to report 

The bill establishes a clear legal requirement for anyone in regulated activity relating to children in England to report to the police or local authority if they are made aware a child is being sexually abused; either by being told about it by a child or perpetrator or witnessing the abuse themselves. 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 child this may be delayed for a maximum of seven days in order to manage that risk.  

Only one report must be made for each disclosed incident – a reporter will not have to make a notification under the duty if they have confirmed that a report has already been made, or will be made in the near future. This means, for example, that a newly qualified professional can refer the incident to their designated safeguarding lead for an onward notification to be made to the local authority or the police.  

Those who fail to report child sexual abuse which they are made aware of may be referred to the Disclosure and Barring Service, and face being barred from working with young people in the future. They could also be referred to their professional regulator to consider their fitness to practice (where relevant). The government will set out clear guidance on the operation of the duty. We will work with regulators and professional standards-setting bodies to ensure the new duty is clearly communicated ahead of implementation. 

Obstructing a reporter 

The new duty is a vital step in addressing the culture of denial and long-term under-reporting of child sexual abuse which was exposed in such devastating detail by the Independent Inquiry into Child Sexual Abuse. The bill will create a new criminal offence of engaging in conduct which is intended to bring about the result that a report required under the duty is not made. Anyone (not just mandated reporters or those undertaking relevant activity) who prevents or seeks to obstruct an individual from making a report under the duty could go to prison for up to seven years. 

DBS 

The bill will remove the current supervision exemption in the definition of regulated activity which prevents schools and other employers from finding out whether somebody working or volunteering closely and frequently with children on a supervised basis is on the DBS’s children’s barred list. This means that everyone in such roles will be eligible for the highest level of criminal record check carried out by the DBS, regardless of whether they are working under supervision. 

Grooming aggravating factor 

We are introducing a new statutory aggravating factor for grooming. This will capture offenders whose offending is facilitated by, or involves, the grooming of a person under 18. The grooming itself need not be sexual. The grooming may be undertaken by the offender or a third party and committed against the victim of the underlying offence or a third-party. An aggravating factor makes an offence more serious and must be considered by the court when deciding the length of the sentence. This will include (but is not limited to) offences committed by individuals involved in grooming gangs. 

The measure will capture models of exploitation not currently directly addressed by existing culpability factors in the Sentencing Guidelines, for example where an offender assaults a victim who has been groomed by another member of the grooming gang or where a person under 18 has been groomed to recruit others, who are then sexually assaulted. The legislation will also specify that there is nothing preventing the courts from applying the factor to other relevant offences or to offences committed against adult victims. 

Background 

Mandatory reporting 

The Independent Inquiry into Child Sexual Abuse was a statutory inquiry established in 2015, which reported in October 2022. It was led by Professor Alexis Jay OBE.   

In its seven-year investigation, the Inquiry gathered evidence from many victims and survivors of child sexual abuse who made disclosures or presented information to a responsible adult, with no action being subsequently taken to inform the relevant authorities. This included cases where perpetrators continued to have access to children, despite senior leaders being aware this put children in harm’s way. A common reason for these failures was the prioritisation of protecting an individual or institution from reputational damage over the safety and wellbeing of children. 

In its final report, the Inquiry recommended that government address this issue by introducing a legal requirement for certain people to report child sexual abuse. 

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 Bill. 

DBS 

The government is committed to protecting children by ensuring that employers have the information that they need to assess the suitability of an individual to work with children, through the disclosure of relevant criminal records. 

The IICSA report found that, since the definition of regulated activity for the purposes of an enhanced DBS check was narrowed to exclude people whose roles are subject to “day to day supervision”, some roles which may involve frequent and close contact with children did not fall into this definition, leaving employers unable to check whether an individual has been barred by the DBS from working with children. The IICSA report recommend the government address this by ensuring roles which are subject to day to day supervision are included in the definition of regulated activity for the purposes of a check of the children’s barred list, as part of an enhanced check. 

Employers and schools must be able to access the right level of checks to help keep children safe. Therefore we are removing this exemption so that everyone in relevant roles will be eligible for the highest level of criminal record check, regardless of whether they are working under supervision. 

Grooming aggravating factor 

In its Child Sexual Exploitation by Organised Networks Investigation Report published in February 2022 the Independent Inquiry into Child Sexual Abuse recommended “the strengthening of the response of the criminal justice system by the government amending the Sentencing Act 2020 to provide a mandatory aggravating factor in sentencing those convicted of offences relating to the sexual exploitation of children”. 

The government wants to ensure that the sentencing framework reflects the seriousness of child sexual abuse and exploitation. In January 2025 the Home Secretary committed to “legislate to make grooming an aggravating factor in the sentencing of child sexual offences, because the punishment must fit the terrible crime”. 

Frequently asked questions 

Mandatory reporting 

Who does the duty apply to? 

The duty requires anyone taking part in regulated activity with children in England (such as teachers, healthcare professionals and sports coaches) to report to the authorities if they are made aware that a child is being sexually abused. The bill will also set out a number of other specific roles which the duty will apply to. 

Are criminal penalties attached to the duty? 

We have not attached criminal sanctions to a failure to report. Millions of people in England take part in regulated activity with children and young people. While many of those will be teachers, nurses, social workers and other qualified professionals, a significant proportion will be volunteers, giving up their time to support their child’s sports team, for example. These volunteers are the lifeblood of many opportunities on offer to our young people.  

We do not think it would be proportionate to create a criminal sanction for failure to comply with the duty. This could create a ‘chilling effect’ where people are reluctant to volunteer or even to enter the professions because they fear being criminalised for making a mistake. It could even drive the hidden crime of child sexual abuse further into the shadows, as dedicated adults avoid undertaking activity with children for fear of ending up in court.  

The purpose of mandatory reporting is to improve the protection of children. Our aim is to create a culture of support, knowledge and openness when dealing with child sexual abuse. That is why we consider it more appropriate for those who fail to discharge their duty to face referral to the Disclosure and Barring Service, and professional regulators where applicable. These bodies can prevent individuals from working with children – potentially losing their livelihood. This is a serious consequence, which will have the greatest impact on the right cohorts of people.   

What are the sanctions for failing to report abuse? And for concealing abuse?  

Failure to comply with the new reporting duty may result in an individual being referred to the Disclosure and Barring Service to consider their suitability to work or volunteer with children in the future. The bill will specify in legislation that failure to comply with the duty is an example of behaviour that could lead to inclusion in the children’s barred list. A new criminal offence will be created for anyone who attempt to deter an individual from making a report under the mandatory reporting duty. This offence will be punishable by a custodial sentence of up to seven years. 

DBS 

Does this mean that a parent who wants to help out occasionally in school will have to get an enhanced with children’s barred list check? 

No. Only those who work or volunteer in a supervised role with children for more than three days in a 30-day period or overnight between 2am and 6am will be eligible for the highest-level check. 

Parents who help out on a less frequent basis will not be affected. However, they will be able to get an enhanced or basic DBS check, if requested by the school. 

The exemption that you’re removing was added in 2012, to bring the regime back to ‘common sense’ levels – by doing this, isn’t government rejecting ‘common sense’ and ignoring the chilling aspect this is likely to have on the use of volunteers, who are invaluable in many schools and other settings. 

No, we believe that the supervision exemption risks barred people having the opportunity to work closely and regularly with children, a concern shared by the Inquiry into Child Sexual Abuse which recommended the removal of the exemption. 

Schools and many of the settings concerned already ask their staff and volunteers to undertake DBS checks; removing the supervision exemption means that the roles which involve this close and regular working with children will not be open to those who have been barred because they pose a risk to children. 

Are you going to require all employers of these kinds of supervised roles to get enhanced with barred list checks on their staff or volunteers? 

This provision provides eligibility for these highest-level DBS checks; it does not mean that employers are required to undertake them. 

In some regulated sectors, those requirements may be made; currently all those working in schools in regulated activity, except for supervised volunteers are required to have enhanced with barred list checks. We hope that this measure will encourage employers, where there are no sectoral requirements (such as Out-of-School Settings), to use this opportunity to increase safeguards and ensure that they do not put a barred person into roles which involve close and regular work with children. 

Grooming aggravating factor 

What is the impact likely to be on sentences for offences that involve grooming behaviour? 

This new statutory aggravating factor will require the courts to consider grooming behaviour when sentencing for specified sexual offences committed against those under 18. 

It goes further than existing Sentencing Guidelines by creating an obligation to aggravate sentences where an offence has been facilitated by grooming undertaken by others, with the offender themselves not directly involved in grooming. 

It also applies to a wider spectrum of offences, for example rape and sexual assault of children over 13. 

Which offenders does this factor apply to? 

Primarily, this factor will apply to offenders who have committed a specified sexual offence against a victim under 18. This includes rape, sexual assault and other child sex offences. 

The legislation will also specify that there is nothing preventing the courts from treating grooming as an aggravating factor for offenders who have committed other offences where appropriate. 

What types of grooming will this aggravating factor apply to? 

The aggravating factor will apply where a specified sexual offence was facilitated by or involved the grooming of a person under the age of 18, but the grooming conduct itself need not be sexual in nature.