The Crime and Policing Act 2026: Navigating the New Mandatory Reporting Duty for Child Sexual Abuse
As safeguarding professionals, it is vital to stay ahead of legislative changes that impact how we protect children. The Crime and Policing Act 2026 has introduced a significant new legal requirement: a mandatory reporting duty for child sexual abuse.
What is the New Duty?
The new duty applies to individuals working in regulated activity with children. Under this law, these individuals are required to make a report if:
They are told about child sexual abuse by either a child or an adult
They witness child sexual abuse directly.
Accountability and Criminal Offences
One of the most striking aspects of the new legislation is the protection of the reporting process itself. The Act introduces a separate criminal offence for anyone who attempts to stop someone from making a report. This offence is taken very seriously, carrying a potential penalty of up to seven years' imprisonment.
Why are there no criminal penalties for failing to report?
Interestingly, the government has chosen not to attach criminal penalties to the failure to report. This was a deliberate decision intended to ensure that volunteers and professionals are not discouraged from working with children due to a fear of prosecution over an "honest mistake".
However, this does not mean there are no consequences for inaction. Instead of criminal charges, a failure to report may lead to a referral to the Disclosure and Barring Service (DBS) for barring consideration, which could end a professional's career in regulated activity.
How Your Organisation Can Prepare
1. Review Training: Ensure all staff in regulated activities understand the specific requirements of the new duty.
2.Update Policies: Reflect the upcoming legal requirement in your safeguarding and whistleblowing policies.
3. Foster a Culture of Transparency: Ensure every member of your team knows they are legally protected from being "blocked" when they need to speak up.
For more detailed information, the government has provided factsheets on the Crime and Policing Act 2026 and its roots in the recommendations of the Independent Inquiry into Child Sexual Abuse.