8.child abuse and FGM (copy)

As of March, 2024, what is the UK Government’s position on teachers and
healthcare professionals reporting suspected/known cases of child abuse? (6)

As of March 2024, the UK Government is reconsidering mandatory reporting requirements for child abuse. While there has been no general legal requirement for teachers and healthcare professionals to report suspected or known cases of child abuse in England, Scotland, and Wales, new proposals are being considered:

1. Mandatory Reporting: The government is contemplating making it mandatory for regulated professionals working with children, including teachers and healthcare workers, to report known cases of child abuse. This follows recommendations from the Independent Inquiry Into Child Sexual Abuse (IICSA).

2. Scope of Reporting: The proposed rules would apply only when professionals "know" about abuse rather than recognizing less obvious signs. This means a report must be made if someone "knows" a child is being abused.

3. Consequences of Non-Reporting:

   • Professionals who fail to report known cases of child abuse could face losing their jobs.

   • There could also be criminal proceedings if there was evidence of a deliberate cover-up, with a potential prison sentence of up to seven years.

4. Professional Accountability: Even without mandatory reporting laws, professionals can still face disciplinary actions or be held accountable through Serious Case Review reports or professional negligence cases for failing to report suspicions of child abuse.

5. Regional Differences: In Northern Ireland, it remains an offense not to report an arrestable crime, including those against children, to the police.

6. Statutory Guidance: Despite the absence of mandatory reporting laws, statutory guidance such as "Working Together to Safeguard Children" advises that anyone concerned about a child's welfare should refer the case to local authority children’s social care immediately if there's a concern about significant harm.

What key issues need to be considered before introducing mandatory
reporting of child abuse?

1. Increased notifications may overwhelm child protection agencies, causing some cases to slip through the cracks.

2. Concerns about unnecessary involvement of child protection in everyday family lives.

What is the current legal requirement for reporting child abuse in England, Scotland, Wales and NI?

E+S+W= no legal requirements

NI- The Criminal Law Act 1967 makes it an offence to fail to disclose an arrestable offence, including those against children, to the police.

What does the statutory guidance Working Together to Safeguard Children state about reporting child abuse?

anyone with concerns about a child’s welfare should make a referral to local authority children’s social care, and they should do so immediately if there is a concern about significant harm.

What are the key recommendations of the Independent Inquiry Into Child Sexual Abuse (IICSA) regarding mandatory reporting and what is the government’s stance now as of March 2024?

1. receive a disclosure of child sexual abuse from a child or perpetrator; or

2. witness a child being sexually abused; or

3. observe recognised indicators of child sexual abuse.

However the Home Office confirmed that the new rules would not be triggered
when someone "observed recognised indicators of child sexual
abuse". This could, for example, include a teacher's concerns about a child
appearing withdrawn or associating with potential abusers.

what are the two key issues to consider before introducing mandatory reporting:

1. Increased notifications may overwhelm child protection agencies, causing some cases to slip through the cracks.

2. Concerns about unnecessary involvement of child protection in everyday family lives.

ENGLAND:

What are the requirements for professionals?what does the government guidance state in “Working together to safeguard children” (3)

Everyone who works with children - including teachers, GPs, nurses, midwives, health visitors, early years professionals, youth workers, police, Accident and Emergency staff, paediatricians, voluntary
nd community workers and social workers - has a responsibility for keeping them safe.

No single professional can have a full picture of a child's needs and circumstances and, if children
and families are to receive the right help at the right time, everyone who comes into contact with them has a role to play in identifying concerns, sharing information and taking prompt action.

Feedback should be given by local authority children's social care to the referrer on the decisions taken. Where appropriate, this feedback should include the reasons why a case may not meet the statutory threshold to be considered by local authority children's social care for assessment and suggestions for other sources of more suitable support

Wales, Scotland, NI:

What are the requirements for professionals?

• Guidance for professionals in Scotland is found in Protecting children: a shared
  responsibility. This states that if abuse is suspected, senior staff or designated child
  protection officers should be consulted. Alternatively, social work services, the police
  or the Children's Reporter should be contacted directly for advice. Emphasis is placed
  on sharing information about suspected abuse with all agencies involved with the
  child, before deciding what further action to take.

• Guidance for Northern Ireland can be found in Cooperating to safeguard children.

• Guidance for Wales can be found in Safeguarding Children: Working together under
  the Children Act 2004

Professionals who fail to report cases of abuse or neglect do not face criminal penalties for
non-reporting buy they may be
subject to what?

• professional disciplinary proceedings or

• held to account through Serious Case
  Review reports

• or professional negligence cases

What is the role of confidentiality and information-sharing in reporting child abuse?

Professionals must prioritize the child’s best interest. They may share confidential information without consent if:

1. There is evidence or reasonable cause to believe the child is at risk of significant harm.

2. Sharing information is necessary to prevent significant harm, including detecting and prosecuting serious crimes.

If a professional is unsure of what constitutes ‘reasonable cause to believe’ who should they
discuss their concerns to?

line manager or the member of staff who has
the lead role for child protection.

Are there guidelines for specific groups of optometrists and who provides this?

optometrists have a duty to safeguard children. Part of this is being
alert to the possibility that a child may be being neglected or abused.

Guidance for optometrists (and other health professionals) is provided by
the Department of Health.

• Guidance is also provided by the Optical Confederation (see pdf on BB):
  Guidance on Safeguarding and the Prevent strategy

• Protecting Children
  and Vulnerable Adults
  

Optical Confederation: Guidance on Safeguarding and the Prevent strategy -
Protecting Children and Vulnerable Adults (pdf on BB): what does part 1 provide?

provides a simple five step guide for all optical staff and practices
to safeguard children and vulnerable adults and to comply with all relevant legislation. It
will help you to be vigilant, able to recognize and report abuse, and to help keep your
patients safe

Optical Confederation: Guidance on Safeguarding and the Prevent strategy -
Protecting Children and Vulnerable Adults (pdf on BB): what does part 2 provide?

sets out the responsibilities for optical staff and practices under the Government’s Prevent Strategy, which requires healthcare providers to work with partner organisations to identify vulnerable individuals at risk of radicalisation and refer them to regional Prevent teams for support

Optical Confederation: Guidance on Safeguarding and the Prevent strategy -
Protecting Children and Vulnerable Adults (pdf on BB): what does part 3 provide?

sets out the responsibilities of optical practices, practitioners and staff.

Optical Confederation: Guidance on Safeguarding and the Prevent strategy -
Protecting Children and Vulnerable Adults (pdf on BB): what does annex 1 provide?

What to look out for – common signs and symptoms of abuse or neglect in
children and adults

Optical Confederation: Guidance on Safeguarding and the Prevent strategy -
Protecting Children and Vulnerable Adults (pdf on BB): what does annex 2 provide?

Prevent Strategy: Signs that a Person is Being Radicalised

What is the NSPCC's position on the mandatory reporting of child abuse?

Mandatory reporting: consideration of the evidence, November 2013. This paper reviews the evidence available in relation to the impact of mandatory reporting laws for suspicions of child abuse and neglect. It argues that mandatory reporting, in isolation, will not improve the reporting process or better protect children

HOWEVER IN March 2024: Gabrielle Shaw, chief executive of the National
Association for People Abused in Childhood (NAPAC), said the introduction of mandatory reporting was a "big step in the right
direction”

what are the 4 types of abuses?

1.Physical abuse
2.Emotional abuse (includes bullying, and cyber-bullying)
3.Sexual abuse
4.Neglect

What is the legal duty regarding the reporting of Female Genital Mutilation (FGM) in girls under 18?

As of October 31, 2015, regulated healthcare professionals, including optometrists, must report any “known” cases of FGM in girls under 18 to the police via the 101 non-emergency number.

What constitutes a “known” case of FGM under the mandatory reporting duty?

1. A girl informs the professional that FGM has been carried out on her.

2. The professional observes physical signs indicating FGM has been carried out.

If a child tells you they have had FGM, you must:

• Call 101 (police) to make a report.

• Record all decisions /actions

• Be prepared for police officer to call you back

• Best practice is to report before COP next working day

• Update your local safeguarding lead

What information must be provided when reporting a case of FGM to the police?

• girl's name, DoB and address

• your contact details

• contact details of your safeguarding lead

What are the responsibilities of regulated healthcare professionals under the Counter-Terrorism and Security Act 2015?

Regulated healthcare professionals must:

1. Vett outside speakers.

2. Monitor sensitive research and internet use.

3. Refer individuals deemed vulnerable to radicalization to the government’s Channel program.