Child abuse sanctions could mean jail for school staff who fail to raise alarm

School secretaries, caterers or caretakers could face jail if they fail to raise the alarm about child abuse.

As well as teachers, doctors and social workers, those in administrative or support roles may fall under the scope of a new regime being considered by the Government.

The proposals would see those who work in roles that bring them into contact with children placed under a statutory duty to report or act on child abuse or neglect.

Sanctions for those who fail to comply could range from disciplinary to criminal action.

Two possible models were outlined in a consultation document published by the Home Office and Department for Education.

One is a mandatory reporting duty which would require certain practitioners or organisations to report child abuse or neglect “if they knew or had reasonable cause to suspect it was taking place”.

The other would introduce a “duty to act” requiring staff or bodies to take appropriate action, which could include reporting.

There is currently no general legal requirement on those working with children to report either known or suspected child abuse or neglect.

Statutory guidance states that those who work with children and families should report to the local authority immediately if they think a child may have been or is likely to be abused or neglected.

The consultation warned that some abuse and neglect continues to go undetected by statutory agencies “despite the best efforts of practitioners working with children and families”.

It said: “Even when a concern is raised, the level and nature of the response might not be good enough for the individual child.

“Some of the cases we have seen recently have highlighted an inability to perceive abuse or understand the level of risk a child is facing.

“Other cases show failures to share information at the right time, resulting in missed opportunities to make the right intervention. In a few cases, there have been allegations of deliberate cover-ups or malpractice.”

The consultation cited a number of high-profile cases, including the Jimmy Savile scandal.

Possible consequences of breaching any new duty could range from employer or regulatory action to criminal sanctions.

The consultation said criminal sanctions could be possible at both individual and organisational levels.

It added: “The maximum sentences could vary in their severity, but for both individual practitioners and organisations they could involve fines. Imprisonment would also be an option for individual practitioners.”

Orders which require organisations to take action to put failings right or publicise their breach could also be introduced.

The “starting position” is that practitioners or organisations who undertake activities which bring them into close and frequent contact with children could be within the scope of any statutory measure.

This includes the delivery of education, childcare, social care and healthcare and law enforcement, the consultation said.

It added: “Those at senior levels within organisations such as local authorities, the health service and the police could be within scope.

“Those in administrative or other support roles for practitioners or organisations delivering the activities outlined above could also be within scope.

“School secretaries, caterers or caretakers, for example, may be in a position to identify and take action in relation to child abuse and neglect because of the nature of their working environment.”

Last year the Government introduced a specific requirement on teachers, health professionals and social workers to report known cases of female genital mutilation on girls to police.

The consultation will run for 12 weeks.

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