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.

The duty to report – The bill establishes a clear legal requirement for anyone in regulated activity (anyone with an enhance DBS) 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 7 days in order to manage that risk.

(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.

(e) Remove the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse in respect of their abuse.

(f) Reversing the burden of proof meaning it will be for the defendant (rather than the claimant as at present) to establish that it is not possible for a fair hearing to take place, while ensuring the express protection of the right of the defendant to a fair trial.