Mandatory Reporting in Law – Crime and Policing Act 2026
Recently, Parliament passed the Crime and Policing Act 2026. This Act has been introduced to tackle serious violence and antisocial behaviour. As part of point 5 of this Act, entitled ‘Protecting children and vulnerable adults’, a new duty on reporting child sexual abuse has been introduced and this is now law.
The Act makes reporting allegations of child sexual abuse mandatory only in circumstances where a person under 18 discloses that they have been sexually abused. This also includes if someone discloses having perpetrated or witnessed child sexual abuse. This new mandate does not include adult non-recent or historical cases of sexual abuse.
What does this mean for BPC Registrants?
This means that if someone tells you about either witnessing, perpetrating, or experiencing recent or ongoing sexual abuse, it is your legal duty to report this. Importantly, if you stop someone from complying with this duty and making a report, you may face charges.
Under this law, it is not a mandatory duty to report any abuse disclosed to you by an adult who experienced abuse as a child. However, BPC safeguarding guidance does outline that you should report this if you believe the perpetrator could still be ‘at large’, so there are a few factors to consider here.
The introduction of this duty in the Crime and Policing Act is the first time that mandatory reporting is enshrined in legislation. Professionals who fail to report child sexual abuse as detailed above may be referred to the Disclosure and Barring Service. They may also be referred to their regulator as a fitness to practise case. Professionals who try to prevent someone from making a report may face criminal charges and if they are convicted, they could be fined or imprisoned for up to seven years.
This legislation is now in force and the government will soon consult with regulators to provide clear guidance around this. The BPC will engage with and circulate any further guidance published around this.
For further guidance, consult our FAQ section below. If you have any further questions, contact us as hello@bpc.org.uk.
The Crime and Policing Act is a new piece of legislation passed by Parliament, covering a range of issues relating to the investigation and prosecution of crime. Click here to read more about it on the gov.uk website.
The Act itself does not set out a detailed definition of child sexual abuse. This decision would be made within a court setting and within the context of each case raised.
However, within the Act’s factsheets, it does note guidance by The Independent Inquiry into Child Sexual Abuse and a definition adopted in the government’s statutory guidance on ‘Working together to safeguard children’.
Yes, the Act legally requires you to report to the police or local authority when you’re informed of active or recent child abuse by the victim, perpetrator or a witness.
A report must be made as soon as possible to prevent the risk of further harm. If reporting the abuse involves a risk to the victim’s life, you have up to 7 days to manage this risk before reporting.
If a patient under 18 tells you of recent or active sexual abuse they experienced or witnessed, it’s now your legal duty to report this. This also applies if someone tells you that they have carried out child sexual abuse.
The Act does not require you to report abuse disclosed by a patient over 18 that took place when they were a child.
The Act requires you to report these allegations to the police or the local authority. This includes either the local council or social service department, or a relevant Local Safeguarding Children Board (Wales).
Only one report must be made for each disclosed incident. If you have confirmed that a report has been made, or will be soon, by a colleague or supervisor, you do not need to make a report yourself. For example, if the incident has been referred to your safeguarding lead, you do not also need to file a report.
The Act has not attached criminal sanctions to a failure to report. This means that if you fail to report these allegations you may be referred to the Disclosure and Barring Service and you could be prevented from working with young people in the future but you will not face criminal charges. You may also be referred to your regulator for a fitness to practice case. The intention of this legislation is to determine your sustainability to work with children in the future. This Act specifies that failure to comply with the duty to report could lead to future exclusion from working with children.
If you’re found to be preventing someone else from reporting, for example your supervisee, you could face fines or up to 7 years in prison and further professional sanctions.
The Government has announced that they will publish clear guidelines on this in the future. We’ll stay engaged with any developments and share guidelines once they are published.
If they are unaware, inform them that their duty to report this information is now legally binding. Make them aware of the sanctions in place if they do not report this.
