Open Access Publisher and Free Library
06-juvenile justice.jpg

JUVENILE JUSTICE

JUVENILE JUSTICE-DELINQUENCY-GANGS-DETENTION

Posts in social sciences
A whole-of-university response to youth justice: Reflections on a university–youth justice partnership

By Garner Clancey, Cecilia Drumore and Laura Metcalfe

The University of Sydney and Youth Justice New South Wales signed a memorandum of understanding (MoU) in July 2021. This MoU builds on various prior collaborative activities between the two organisations and related work in other jurisdictions. This paper reflects on the progress and challenges of collaboration of this kind. Specifically, there has been tentative progress in engaging non-traditional parts of the university in youth justice projects.

The initial stage of the collaboration highlighted challenges, including structures within the university which can frustrate interdisciplinary work. Time lines, staff turnover and resources also impacted this collaboration. We conclude with an outline of what might be achieved through ongoing collaboration and signal the importance of ongoing research to capture data and insights regarding the nature of this relationship as it develops.

Trends & issues in crime and criminal justice no. 691. Canberra: Australian Institute of Criminology. 2024.

Scaling up effective juvenile delinquency programs by focusing on change levers: Evidence from a large meta‐analysis

By David B. Wilson, Mark W. Lipsey

Research summary

The primary outcome desired for juvenile delinquency programs is the cessation of delinquent and related problematic behaviors. However, this outcome is almost always pursued by attempting to change intermediate outcomes, such as family functioning, improved mental health, or peer relations. We can conceptualize intermediate outcomes that are related to reduced delinquency as change levers for effective intervention. A large meta-analysis identified several school-related change levers, including school engagement (i.e., improved attendance and reduced truancy), nondelinquent problem behaviors, and attitudes about school and teachers. In addition, family functioning and reducing substance use were also effective change levers. In contrast, effects on youth getting/keeping a job, peer relationships, and academic achievement were not associated with reduced delinquency.

Policy implications

Only a small percentage of rehabilitative programs provided to youth involved in the juvenile justice system have been established as evidence based. Moreover, there are constraints on what local policy makers and practitioners can do regarding the selection, adoption, and implementation of programs from the available lists of evidence-based programs. Adopting programs that focus on effective change levers and avoiding those that concentrate on ineffective ones has the potential to increase the likelihood that a local agency is engaged in effective programming. Based on our data, programs known to improve family functioning, attachment to and involvement in schooling, and reducing substance use are justified by the change lever evidence, even if these programs’ effectiveness in reducing delinquency has not been directly proven. In contrast, programs focusing on vocational skills, academic achievement, and peer relations are less likely to be beneficial. Furthermore, a change lever perspective can help frontline staff select appropriate programs for different juvenile offenders and focus their quality control efforts on those aspects of a program that are likely to be essential to maintaining effectiveness.

Criminology & Public Policy Volume23, Issue2. May 2024.

Leaving Gangs and Desisting from Crime Using a Multidisciplinary Team Approach: A Randomized Control Trial Evaluation of the Gang Reduction Initiative of Denver

David C. Pyrooz

This final summary overview describes a research project aimed at evaluating a gang intervention program, led by the Gang Reduction Initiative of Denver (GRID), which has historically coordinated around two dozen strategies with partners emphasizing prevention, intervention, and suppression. The focus of GRID’s efforts is their use of juvenile and adult multidisciplinary teams (MDT) to facilitate coordination and individual case management of gang-involved youth who have been referred for services. A process and impact evaluation was undertaken between 2019 and 2022, and the project was pre-registered on the Open Science Framework before data collection. The evaluation was guided by two core questions: if the MDT-based approach achieves its stated purpose of providing comprehensive, coordinated services to gang members with fidelity; and if the MDT-based approach achieves its stated goals of producing disengagement from gangs and desistence from crime. The first question was the focus of the process evaluation, and the second question was the focus of the impact evaluation. This report provides details about the evaluation’s methodology and informs that evaluation findings were mixed. Findings showed: there is clear evidence, from the process evaluation, that GRID delivered a range of high-quality services with efficacy; GRID clients were nearly 70 percent less likely to engage in violence than individuals in the control group; and GRID clients were more than three times more likely to claim a current gang status than control group participants.

Boulder, CO: Institute of Behavioral Science , University of Colorado, 2023. 28p.

Investing in Youth: A Randomized Controlled Trial of Cash Transfers for Violence Exposure Prevention

By Christina Plerhoples Stacy

Over the summer and fall of 2021, the Urban Institute worked with the Delaware Department of Health and Social Services to recruit participants for a cash transfer study aimed at reducing rates of violence among young men in Wilmington. There are two main types of cash transfers: unconditional cash transfers, defined as money provided to people without any stipulations, and conditional cash transfers, defined as money provided to people with certain conditions, such as program attendance or work requirements. 

Washington, DC: Urban Institute. 2023, 39pg

Choosing the Future for American Juvenile Justice

Edited by Franklin E. Zimring and David S. Tanenhaus 

This Is a hopeful but complicated era for those with ambitions to reform the juvenile courts and youth-serving public institutions in the United States. As advocates plea for major reforms, many fear the public backlash in making dramatic changes. Choosing the Future for American Juvenile Justice provides a look at the recent trends in juvenile justice as well as suggestions for reforms and policy changes in the future. Should youth be treated as adults when they break the law? How can youth be deterred from crime? What factors should be considered in how youth are punished?What role should the police have in schools?

New York; London: New York University Press, 2014. 257p.

Can lowering the minimum age of criminal responsibility be justified? A critical review of China's recent amendment

By Aaron H. L. Wong

In 2021, China amended its law on the minimum age of criminal responsibility (MACR), lowering the MACRof two specified offences to twelve years. As a result,China now has three different levels of MACR for dif-ferent offences. Based on the position in China, thisarticle argues that while lowering the MACR against the international trend can be justified as a necessary measure to tackle serious crimes committed by chil-dren, creating different levels of MACR based on the types of crime is wrong in principle. This article fur-ther considers the classic dilemma in setting an absoluteMACR, which results in either freeing the guilty or convicting the innocent. It is argued that setting a relatively low MACR accompanied by robust safeguards of doli incapax, child immaturity defence, diversion and wider sentencing options would allow a better assessment of children'sculpabilityandbetterservetheinterestsofjus-tice. It is also suggested that lowering the MACR will not unjustifiably undermine children’s rights if the juvenile justice system could ensure only those truly culpable could be convicted and that the option of prosecution is reserved as a last resort.

Howard Journal of Crime & Justice, Pages: 3-21 | First Published: 2024

Collaborative Family Work in Youth Justice

By Chris Trotter

Poor family environment, including child abuse and neglect, family criminality, family disruption, and severe family conflict are background factors for many children (and adults) involved in the justice system as evidenced in a large number of research studies (e.g. Katsiyannis et al., 2018). Family issues are also the concern of both adult probation and youth justice practitioners and others who provide community supervision. Two studies of community supervision, for example, found that family issues were the most, or at least one of the most, commonly discussed issues in interviews with both children and adults (Bonta et al., 2008; Trotter and Evans, 2012). There is also considerable support for the effectiveness of family interventions for children in the criminal justice system. Petrosino and colleagues (2009), in a review of the available research, found that family-based interventions have considerable impact on reoffending. They suggest that, on average, children involved in family-based interventions have recidivism rates 16% to 28% lower than comparable control groups. This is consistent with a detailed review by Lipsey and Cullen (2007) who considered four different meta-analyses on the effectiveness of family interventions for children, and found an average reduction in recidivism compared to untreated control groups of between 20% and 52%. Hartnett et al. (2016) and Petrosino et al. (2009) argue, based on their reviews, that family interventions may be more effective than other interventions for children facing family issues. Hartnett et al. (2016), for example, argue that family work is more effective than cognitive behavioural and group therapy interventions. Support for family interventions is also provided in earlier reviews by Latimer (2001) and Dowden and Andrews (2003), although both reviews suggest that the effectiveness of family interventions is dependent on the nature of the intervention which is offered; the interventions need to be consistent with evidence-based practice principles. Despite the research support for family interventions, they seem to be relatively rare in criminal justice settings. Specific interventions focused on issues such as drug treatment, anger management or employment are more common. Where family interventions are offered in youth justice, they tend to be delivered by licenced therapists trained in specific models such as multi-systemic family therapy or functional family therapy (Hartnett et al., 2017; Markham, 2018). In this paper, I focus upon an example of a project that uses youth justice workers to deliver a family intervention – Collaborative Family Work. This work is designed to be delivered as part of the routine offerings of a youth justice service.

Manchester UK: HM Inspectorate of Probation. HM Inspectorate of Probation Academic Insights 2021/02

Wayward Youth

MAY CONTAIN MARKUP

August Aichhorn

Wayward Youth by August Aichhorn delves into the complexities of working with troubled youth in a compassionate and insightful manner. Aichhorn, a renowned Austrian psychoanalyst, draws from his extensive experience to explore the psychological roots of delinquent behavior in adolescents. Through compelling case studies and thoughtful analysis, he sheds light on the inner struggles of young individuals caught in the throes of rebellion and defiance.

With empathy and wisdom, Aichhorn navigates the turbulent waters of adolescence, offering a fresh perspective on how society can better understand and support its wayward youth. Wayward Youth is a compelling read for anyone interested in the intersection of psychology, social work, and juvenile delinquency.

NY. Meridian Books. 1931. 193p

Exploring the Role of Self-Control Across Distinct Patterns of Cyber-Deviance in Emerging Adolescence

By Tyson Whitten, Jesse Cale, Russell Brewer, Katie Logos, Thomas J. Holt and Andrew Goldsmith

A disproportionally large number of adolescents engage in cyber-deviance. However, it is unclear if distinct patterns of adolescent cyber-deviance are evident, and if so, whether and to what extent low self-control is associated with different patterns of cyber-deviance. The current study addressed this research gap by examining the relationship between self-control and distinct latent classes of adolescent cyber-deviance net of potential confounders among a cross-sectional sample of 1793 South Australian adolescents. Four latent classes were identified, each characterized by varying probabilities of involvement in six types of cyber-deviance that were measured. The versatile class (n = 413) had the lowest average level of self-control, followed by the harmful content users (n = 439) and digital piracy (n = 356) classes, with the abstainer class (n = 585) characterized by the highest self-control. Analysis of covariance indicated that the abstainer group had significantly higher self-control than other classes of cyber-deviance. Although the versatile class had noticeably lower average self-control scores than the harmful content users and digital piracy groups, this difference was not significant after correcting for multiple comparisons. Collectively, these findings suggest that self-control appears to distinguish between those who do and do not engage in cyber-deviance but may not distinguish between distinct patterns of cyber-deviance net of other factors.

International Journal of Offender Therapy and Comparative Criminology Volume 0: Ahead of Print, 2024.

Bridging gaps and changing tracks: Supporting racially minoritised young people in the transition to adulthood in the criminal justice system

By Alliance for Youth Justice  

This briefing explores how racially minoritised young people experience particularly destabilising transitions due to deficits in support before and after turning 18. It highlights the crucial role the ‘by and for’ voluntary and community sector plays in addressing these shortfalls, arguing for reforms to better facilitate and fund the sector’s involvement in racially minoritised young people’s lives.

London: Alliance for Youth Justice, 2024. 53p.

Neutralizing the Tentacles of Organized Crime. Assessment of the Impact of an Anti-Crime Measure on Mafia Violence in Italy

By Anna Laura Baraldi, Erasmo Papagni and Marco Stimolo 

Organised crime tightens its corrupting influence on politics through violent intimidation. Anti-crime measures that increase the cost of corruption but not of the exercise of violence might accordingly lead mafia-style organizations to retaliate by resorting to violence in lieu of bribery. On the other hand, this kind of anti-crime measure might also induce criminal clans to go inactive, owing to the lower expected payoff from the "business" of influencing politics, which would reduce violence. To determine which of these possible effects is prevalent, we undertake an empirical assessment of the impact of city council dissolution for mafia influence in Italy as prescribed by Decree Law 164/1991 in discouraging violence against politicians in the period 2010-2019. Our difference-in-differences analysis shows that in the dissolved municipalities the enforcement of the Law reduces violence and that the effect persists (at least) for two electoral rounds. The most likely driving channel of this result is the renewed pool of politicians elected after compulsory administration. These findings are robust to a series of endogeneity tests.

Working Paper No. 010.2023

Publisher: 

Fondazione Eni Enrico Mattei (FEEM), Milano

Organised criminal groups’ use of corruption and physical threats against customs officials

By Jamie Bergin  

Various customs administrations have reported that their officials are physically threatened by organised criminal groups to abuse their power and facilitate illicit activities, such as drug trafficking. This Helpdesk Answer conceptually analyses how organised criminal groups use corruption and physical threats to influence customs officials and enable their profit-making activities, before describing how applying certain integrity measures could potentially prevent and counter the emergence of such threats.

Berlin: U4 Helpdesk Answer. U4 Anti-Corruption Resource Centre and Transparency International , 2023. 18p.

Running from Trauma: Examining the Impact of Adverse Childhood Experiences on Running-Away and Delinquency between Genders

By Michelle Jeanis, Meng Ru Shih, Bryanna Fox

Background: Studies have shown that Adverse Childhood Experiences (ACEs) greatly effect negative life outcomes, especially delinquency. However, some variables and their roles remain elusive, and pathways to delinquency have not been fully explored.

Objective: The study proposes to (1) identify whether running away is an initial delinquency or a result of ACEs, (2) examine the similarities and differences of chronic and one-time ACEs on gender and delinquency and (3) further examine the role of exposure to violence by gender.

Participants and Setting: The study uses the public accessible data in the National Longitudinal Study of Adolescent to Adult Health (Add Health).

Methods: The study used factorial logistic regression models to analyze the ACEs and their influence on juvenile behavior.

Results: Chronic neglect (Female: β=.74; Male: β=.43) and multiple exposures to violence (ETV) (Female: β=1.43; Male: β=.94) were significantly related to reporting property crime in both genders. Gender differences are apparent. Girls who reported single-time physical abuse (β=1.93) and multiple ETVs (β=3.19) are more likely to commit violent offenses. Also, multiple ETVs (three types: β=2.123; four types: β=3.38; five types: β=3.90) are most significant for explaining violent offending among boys. Runaway behavior functions as a condition to the occurrence of juvenile offending, rather than a predictor.

Conclusions: ACEs typically affect boys and girls differently. Running away appears to shape the delinquency experience but does not fully mediate it. Policy implications are discussed.

Unpublished paper, 2024.

social sciencesGuest User
Finding an answer in time: Assessing change in needs scores on time to recidivism among justice-involved youth

By Amber Krushas , Zachary Hamilton, Alex Kigerl , Xiaohan Mei  

Purpose: While risk instruments are consistently used to aid classification and supervision decisions, needs as sessments guide intervention efforts for individuals under supervision. At the core of the Risk-Needs-Responsivity (RNR) model and the General Personality and Cognitive Social Learning (GPCSL) theory, dynamic needs scoring allows agencies to identify change in needs over time. Yet, few studies have assessed the potential impact of changes among needs items. To overcome this limitation, the current study assesses how needs score change may influence recidivism propensity among youth. Methods: Using multi-level frailty models, the current study examines how changes in youth needs assessment scores influence time-to-recidivism among a large (N = 42,922), multi-state sample of justice-involved youth assessed with the Modified Positive Achievement Change Tool (MPACT). Results: Findings demonstrate that youth with increased needs scores and those that remained the same at reassessment had a greater propensity for recidivism, compared to those that decreased scores. Conclusions: Policy implications identify the effectiveness of the MPACT in measuring youth change, its utility for case management, and the needs domains most associated with recidivism reductions.   

Journal of Criminal Justice 90 (2024) 102146 

Parental Legal Culpability in Youth Offending

By Colleen Sbeglia, Imani Randolph, Caitlin Cavanagh, and Elizabeth Cauffman

When youth commit crimes, their parents may be held legally responsible for their actions. Parental legal culpability laws were developed to ensure justice for victims of crime but also deter juvenile delinquency. However, it is unclear if parental culpability has these desired effects or if it instead contributes to disparities that already exist in the justice system. This review provides a psychological perspective on parental legal culpability, highlighting the different types of offenses that parents may be held responsible for, including vicarious tort liability, status offenses, and criminal responsibility. Given the significant public discourse around certain types of crime, we also include focused discussions about parental culpability for youth violence and cybercrimes. We then consider the unintended consequences that may arise as a result of parental sanctions, from exacerbating racial and ethnic inequalities to imposing financial burdens that may put families at risk for further justice involvement. Finally, we discuss challenges to the efficacy of parental culpability laws, with recommendations for areas of continued research.

Annual Review of Criminology, Volume 7, Page 403 - 416

The Third Year Of Raise The Age

By Marian Gewirtz and  Bosco Villavicencio, Jr

This report describes the processing of 16- and 17-year-old arrestees during the third year of New York State’s Raise the Age (RTA) Law. The law, which went into effect for 16-year-olds on October 1, 2018, and for 17-year-olds on October 1, 2019, raised the age of criminal responsibility in the State and changed how these Adolescent Offenders (AOs) are processed. Arrests from October 2020 through September 2021 are compared with arrests from October 2019 through September 2020 (year 2), October 2018 through September 2019 (year 1, the first year of the implementation of RTA for 16-year-olds and the year prior to implementation for 17-year-olds. Data is also presented for October 2017 through September 2018 (pre-RTA). RTA Arrests ● There were 1,364 arrests of 16-year-olds and 2,002 arrests of 17-year-olds in the third year of RTA. The number of arrests was lower in year 3 than in year 2, especially for 16-yearolds. ● The volume of arrests of 16- and 17-year-olds decreased markedly when they became eligible for RTA. The number of arrests continued to decline for both age groups and for VFO (violent felony offenses), non-VFO felony offenses and especially for misdemeanors. Prosecution ● The percentage of felony arrests prosecuted as felonies declined for both age groups and both VFO and non-VFO charges since implementation of RTA. However, the decrease was greater for 16-year-olds and for cases with non-VFO charges. ● There were far fewer cases for 16- and 17-year-olds prosecuted in adult court with felony charges after RTA was implemented. The decrease was steeper for 16-year-olds than for 17-year-olds. The number decreased from 1,111 in year 1 to 863 in year 2 and 668 in year 3 for 16-year-olds but declined from a high of 992 down to 894 for 17-year-olds. Arraignment ● About half of AO cases were removed to Family Court at arraignment in year 3, up from 44% for both age groups in year 2 and only 25% at arraignments for 16-year-olds in year 1 (17-year-olds were not yet eligible). The rate of removal was higher for cases with nonVFO charges than for those with VFO offenses. ● In the third year of RTA, youths were released at arraignment (ROR, under supervision or with other non-monetary conditions) in more than nine of every ten non-VFO cases but in little more than seven of every ten VFO cases. Adult Court Outcomes ● Most RTA case for both ages were removed to Family Court (84% to 90% across the ages and time periods), but the rates were higher for non-VFO cases (91% to 97%) than for cases with VFO charges (79% to 86%). ● In year 3, more than six of every ten VFO cases were removed at arraignment or the following day as were nearly nine of every ten non-VFO cases. Yet a month or more elapsed from arraignment to removal for one in ten AO cases.  Sentencing ● More than half of the sentences in AO cases included jail or prison time (55%) ranging from time already served pretrial (6% of sentences) to four years or more (10% of sentences).  

New York: New York City Criminal Justice Agency 2023. 44p.

Children’s Indirect Exposure to the U.S. Justice System: Evidence From Longitudinal Links between Survey and Administrative Data

By Keith Finlay, Michael Mueller-Smith, Brittany Stree

Children’s indirect exposure to the justice system through biological parents or coresident adults is both a marker of their own vulnerability and a measure of the justice system’s expansive reach in society. Estimating the size of this population for the United States has historically been hampered by inadequate data resources, including the inability to observe nonincarceration events, follow children throughout their childhood, and measure adult nonbiological parent cohabitants. To overcome these challenges, we leverage billions of restricted administrative and survey records linked with Criminal Justice Administrative Records System data and find substantially larger exposure rates than previously reported: prison, 9% of children born between 1999–2005; felony conviction, 18%; and any criminal charge, 39%. Charge exposure rates exceed 60% for Black, American Indian, and low-income children. While broader definitions reach a more expansive population, strong and consistently negative correlations with childhood well-being suggest that these remain valuable predictors of vulnerability. Finally, we document substantial geographic variation in exposure, which we leverage in a movers design to estimate the effect of living in a high-exposure county during childhood. We find that children moving into high-exposure counties are more likely to experience post-move exposure events and exhibit significantly worse outcomes by age 26 on multiple dimensions (earnings, criminal activity, teen parenthood, mortality); effects are strongest for those who moved at earlier ages

The Quarterly Journal of Economics, Volume 138, Issue 4, November 2023, Pages 2181–2224, https://doi.org/10.1093/qje/qjad021

Spreading Gangs: Exporting US Criminal Capital to El Salvador

By Maria Micaela Sviatschi

This paper provides evidence showing how deportation policies can backfire by disseminating not only ideas between countries but also criminal networks, spreading gangs, in this case, across Central America and spurring migration back to the US. In 1996, the US Illegal Immigration Responsibility Act drastically increased the number of criminal deportations. In particular, the members of large Salvadoran gangs that developed in Los Angeles were sent back to El Salvador. Using variation in criminal deportations over time and across cohorts combined with geographical variation in the location of gangs and their members’ place of birth, I find that criminal deportations led to a large increase in Salvadoran homicide rates and gang activity, such as extortion and drug trafficking, as well as an increase in gang recruitment of children. In particular, I find evidence that children in their early teens when the leaders arrived are more likely to be involved in gang-related crimes when they are adults. I also find evidence that these deportations, by increasing gang violence in El Salvador, increase child migration to the US–potentially leading to more deportations.

Princeton, NJ: Princeton University Working Paper, 2020. 52p.

A joint thematic inspection of work with children subject to remand in youth detention

By HM Inspectorate of Probation; Bob Smith, et al

Children who are remanded in youth detention are some of the most vulnerable in our communities. Numerically they are a small group, typically between 200 and 250 at any one time, and around 1,200 in a year. Many have experienced neglect, abuse and trauma. They have often missed out on schooling and diagnosis of learning needs and disabilities. Some have been victims of exploitation. For many of them, there have been missed opportunities to intervene earlier in their lives. The offences which the children in our sample group were suspected of committing were mostly serious, some involving life-changing injuries and loss of life. However, not all children in our sample needed to be remanded in custody. A quarter were released on bail before being sentenced, and inspectors judged that more of them could have been safely managed in the community. Children were bailed, often within a week of their initial remand, not because their risk had reduced but because a suitable bail programme with appropriate accommodation had become available which could safely manage those risks. Children’s services and youth justice services should work together more effectively to provide information and community remand options to the courts earlier. In this report, we set out a range of ways to achieve this, but it mostly involves good communication and clarity of responsibilities between professionals, who take a proactive approach. Children who are remanded comprise around 40 per cent of all children in custody. There is a gulf between the quality of care given in the three types of secure facilities used for children who are remanded in custody: secure children’s homes, secure training centres and young offender institutions. The quality of care is good in the secure children’s homes but less so in the others, where we identified many weaknesses in the management of remanded children. Children acquire child in care status as a result of their secure remand, and that is applied in widely different ways. The assistance they should receive is not consistently good enough, as a result of ineffective care planning and because their social workers lack knowledge of both the criminal justice system and secure estate processes. As a result, children do not always have timely access to basics such as pocket money to pay for phone calls (including to their social workers) and essential items. Families of sentenced children receive help with travel costs for visits from the secure estate, but families of remanded children rely on assistance from youth justice and children’s services, which is not always forthcoming. Social workers do not sufficiently implement the care planning regulations in the context of children’s circumstances when they are in the secure estate. As a result, the benefits of ‘in-care status’ are not realised to improve children’s circumstances. National standards and guidance are needed in this area. When the remand ends, some children return to their communities, and sometimes that return is unexpected. They do not always receive the support they need, and if they have reached 18 their case may need to transfer to the Probation Service. That does not always happen effectively. Underlying these shortcomings in remand are racial and ethnic disparities at many of the key decision points in the system, which result in black and mixed heritage children being over-represented in custody. This needs urgent attention. Our recommendations are designed to improve the quality of services across the whole remand process, to ensure that only those children who need to be detained are in custody and that those children receive a high-quality service that keeps the community safe but meets their needs, both when they are in custody and as they prepare to return to their communities.

Manchester, UK: The Inspectorate, 2023. 50p.

Duties to report child abuse in England

By David Foster

There is currently no general statutory obligation for individuals in England to report child abuse. Government statutory guidance on safeguarding, says “anyone who has concerns about a child’s welfare should make a referral to local authority children’s social care and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so.” While this does not impose a legislative requirement to report abuse, it creates an expectation that those working with children will comply with the guidance unless there are exceptional circumstances.

In addition, some individuals are required to report child safeguarding concerns under standards or codes of conduct set by their professional regulatory body. A failure to adhere to such standards may result in misconduct or fitness to practise proceedings against them.

Mandatory reporting duty

There have been calls for a mandatory duty to report known or suspected child abuse and neglect to be introduced for specific groups, such as social workers and teachers. Proponents argue that a mandatory reporting duty would offer greater protection to children. However, others fear it could create a ‘needle in the haystack’ effect and result in a ‘tick-box approach’.

Independent Inquiry into Child Sexual Abuse

The final report of the Independent Inquiry into Child Sexual Abuse, published in October 2022, said children had suffered as a result of “a marked absence of a cohesive set of laws and procedures in England and in Wales that require individuals working with children to report child sexual abuse”.

The report recommended the UK Government and the Welsh Government introduce legislation placing certain individuals – ‘mandated reporters’ – under a statutory duty to report child sexual abuse in prescribed circumstances (for example, where they observe recognised indicators of sexual abuse).

The report recommended it should be a criminal offence for mandated reporters to not report child sexual abuse when a child or perpetrator discloses it to them, or they witness a child being sexually abused.

Government commits to introducing mandatory reporting duty

In April 2023, the UK Government committed to introduce, subject to consultation, a mandatory reporting duty for those working or volunteering with children to report child sexual abuse.

Following on from an earlier call for evidence, on 2 November 2023, the Government launched a consultation setting out proposals for a mandatory reporting duty and seeking views on “a small but significant set of undecided policy questions.” The consultation closes on 30 November.

Following a previous consultation in 2016, the Government decided against introducing a mandatory reporting duty.

Research Briefing. London: UK Parliament, House of Commons Library, 2023. 23p.