My Lords, this group of amendments has enabled us to hear a consensus in this House about the enormously difficult, tragic and appalling instances of child sexual abuse over the years, and that it is no longer good enough for us not to take important action to protect children in the most appalling circumstances. That is why this Government are committed to protecting children from harm, including from the horrors of sexual abuse, trafficking and exploitation. Measures included in the Bill and the significant programme of reforms already under way will help to protect children at risk of abuse and stop vulnerable children falling through the cracks in services.
I shall speak to the detail of the amendments. As we have heard, Amendment 66, tabled by the noble Baroness, Lady Grey-Thompson, seeks to insert into the Children Act 2004 a mandatory duty to report child sexual abuse. I wholly understand why noble Lords have taken the opportunity today to raise this issue. As the noble Baroness, Lady Walmsley, said, we should take every opportunity to raise it and to emphasise the determination of this House and indeed this Government to take action. We have heard from the noble Lord, Lord Moynihan, alongside the noble Baroness, Lady Grey-Thompson, about the specific issues relating to sport. We have also heard from the noble Baroness, Lady Finlay, the noble Lords, Lord Meston and Lord Bichard, and the noble and learned Baroness, Lady Butler-Sloss, about their experience and the pressure they have rightly put on the Government to make progress.
Noble Lords knew that part of my response would be that the Government are already taking forward a new mandatory duty to report child sexual abuse for individuals in England undertaking regulated activity with children, as well as, crucially, a new criminal offence of obstructing an individual from making a report under that duty. This duty is included in the Crime and Policing Bill, which is currently in the other place.
That is the most appropriate route to debate the detail of a mandatory reporting duty, but I have no doubt that colleagues in the other place—and those of my noble friends who will be responsible for taking that Bill through this House—will have listened carefully to the specific points and challenges raised by noble Lords during the course of the debate on this group, and on Amendment 66 in particular. I will draw this debate to their attention because, while we might disagree over the details, we can agree that any new duty must ensure that the words of children who are seeking help are heard and apply the strongest possible measures to anyone who seeks to cover up abuse of this kind.
I will respond to a couple of points on the mandatory duty. On criminal sanctions, there may well be differences, partly because of the sensitive and careful balance here, which the noble Baroness, Lady Barran, identified. The Government have not attached criminal sanctions in the Crime and Policing Bill to a failure to report. However, there will be criminal sanctions for anyone who obstructs an individual from making a report under that duty. This is because millions of people in England take part in regulated activity with children and young people. Many of them will be teachers, nurses, social workers and other qualified professionals, but a significant proportion will be volunteers giving up their time to support, for example, their child’s sports team.
Those volunteers are the lifeblood of many opportunities on offer to our young people. They should comply with the duty, but we do not think it would be proportionate to create a criminal sanction for failure to comply with it. That could create a chilling effect where people are reluctant to volunteer or even enter the professions, because they fear being criminalised for making a mistake. I know that this is a delicate and difficult area and I am sure that it will be subject to further debate when the Crime and Policing Bill comes to this House.
The purpose of mandatory reporting has to be to improve the protection of children. As the noble Lord, Lord Storey, emphasised, the aim is to create a culture of support, knowledge and openness when dealing with child sexual abuse. In working through the details of how this mandatory duty works, we must be careful that we do not do the opposite to that. Mandatory reporting will create a culture of openness and honesty, empower professionals and volunteers to take prompt, decisive action to report sexual abuse and demonstrate to children and young people that, if they come forward, they will be heard.
Amendment 69A was tabled by the noble Lord, Lord Lucas. Given the amount of work we have to get through on the Bill, I thank him for his brief but effective introduction to his amendments. I recognise the importance of safeguarding children from the risk posed by parents who have been convicted of serious offences, including those involving domestic abuse, child abuse and child sexual abuse. Ensuring their safety and well-being must remain at the heart of our family justice system. This amendment seeks to allow the High Court to curtail or remove parental contact where a parent has been convicted of domestic abuse, child abuse or child sexual abuse. It would also require the High Court to publish annual statistics on how many times they have removed or curtailed rights to parental contact.
However, we do not believe that new legislative provision is required, because existing legislation already serves to protect children from the harms associated with abusive parents. This is undoubtedly an issue where the courts should consider enormously carefully the potential damage that could happen to a child through contact with people in the sorts of circumstances that this amendment references. Section 1 of the Children Act 1989 already states that the child’s welfare must be the court’s “paramount consideration” when making a decision relating to a child’s upbringing. That section already includes a list of factors, known as the “welfare checklist”, which the court must take into account when deciding whether to make a child arrangements order for a child to spend time with or otherwise have contact with a person. This already includes considering the likely effect of any change of circumstances on the child and any harm that the child has suffered or is at risk of suffering. It follows that, when determining whether parental contact with a child is appropriate, legislation already gives the court the powers set out in the first subsection of this amendment. The court must already consider any potential risk or harm to the child, and this of course includes the very serious risks associated with domestic abuse, child abuse and sexual abuse.
The noble Lord’s amendment would also require the High Court to publish data on the number of times parental contact is curtailed or removed. Although I understand the call for accountability, it would not in fact be possible for the Ministry of Justice to collate this information without consulting each individual judgment. Of course, many of these judgments will be made in the family court, and therefore it would be very difficult to go through each individual judgment in order to collate the information that the amendment asks for. This is not to undermine the significance of the point being made by the amendment, but I hope that the noble Lord will see that there is already, within the law and in fact within the practice of the courts, the ability to ensure that this protection is available for children.
Amendment 107B was tabled by my noble friend Lord Watson of Invergowrie. It seeks to enable courts to prohibit or enforce specific local authority action where children in local authority care are experiencing or at risk of significant harm. I wholly share my noble friend’s objective here; we recognise the necessity for children and young people to be protected from harm, to have their voices heard and to challenge aspects of their care, especially when they have concerns about their safety. But of course, if a child is at risk of harm, they need swift and responsive action from the professionals around them, not a court process to navigate. The system of children’s social care is purposefully designed to protect and safeguard children, and there are numerous existing mechanisms through which any concerns can be escalated.
That does not mean that there is no room for improvement here, as I will outline. But, for example, there are many professionals who surround children in care, each with a specific duty to promote the child’s best interests. They include social workers, independent reviewing officers and advocates. In children’s homes, they are required to report serious incidents and abuse allegations to Ofsted, which will investigate and, where necessary, has powers to take appropriate action. There are also legal routes to challenge local authority actions where there are serious concerns about misconduct. We are, of course, aware of cases in which children have been harmed while in care, which is completely unacceptable. We know that strong, trusted relationships surrounding the child are key to keeping children safe, which is why we are already taking further action, as I say.
First, we are improving advocacy for children in care by publishing new national standards and statutory guidance for advocacy later this year. Secondly, we are introducing new post-qualifying standards for social workers that clearly set out the need to be agile and timely in adapting plans and intervening to keep children safe. We are creating a new local authority designated officer—LADO—handbook to improve consistency and information sharing across local authority boundaries. We are improving qualifications, standards and access to training for staff in children’s homes to ensure that children are receiving the high quality of care they need. We are in dialogue with the sector, including children and young people, to consider how effectively professionals around the child work seamlessly together.