Two duties, one in force
Schools now need to know about two mandatory reporting duties:
| Child sexual abuse duty | FGM duty | |
|---|---|---|
| Law | Crime and Policing Act 2026, sections 85 to 95 | Female Genital Mutilation Act 2003, section 5B |
| In force? | No, not when we checked on 20 October 2026 | Yes, since 31 October 2015 |
| Who | Anyone aged 18 or over in regulated activity with children in England, or another listed role | Teachers, regulated health professionals and, in Wales, social care workers |
| Trigger | Reason to suspect a child sex offence | Discovering that FGM appears to have been carried out on a girl under 18 |
| Report to | The police or the local authority | The police |
| Can someone else report for you? | Yes | Only another teacher who has already reported the same case |
The child sexual abuse duty
Where it comes from
The Independent Inquiry into Child Sexual Abuse recommended a legal duty to report in its final report in October 2022. The government announced it on 6 January 2025, and it became law as Part 5, Chapter 2 of the Crime and Policing Act 2026, which received Royal Assent on 29 April 2026.
Is it in force?
Not yet. Section 255 says these sections come into force on a date set by regulations. legislation.gov.uk marks the chapter as “prospective”, and none of the four commencement regulations made up to 15 October 2026 (SI 2026/689, 939, 960 and 1090) includes it. We checked on 20 October 2026.
The Home Office factsheet, updated 30 September 2026, says the government “will set out clear guidance on the operation of the duty” and will work with regulators “ahead of implementation”. The DfE’s information sharing duty guidance, published in September 2026, also says separate guidance on the mandatory reporting duty will follow “in due course”. KCSIE 2026 doesn’t cover it.
Until it starts, follow your child protection policy as now: tell the DSL straight away, and the DSL refers to children’s social care and the police.
Who it will apply to
Section 85 applies to a person aged 18 or over who is engaging in a “relevant activity” in England. That means:
- regulated activity relating to children, as defined in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006, or
- one of the further activities in Part 2 of Schedule 12, which are mainly social care, youth support, youth justice and family court roles where the person looks after or has regular contact with a child.
In a school that covers teachers, most support staff, and since 1 September 2026, regular volunteers even if supervised. See what is regulated activity.
What triggers it
Section 87 sets out five cases, and only these, in which a person is “given reason to suspect” a child sex offence:
- they witness conduct that is a child sex offence
- a child tells them something that would make a reasonable person in the same role suspect an offence
- another person tells them something that would make a reasonable person suspect that person committed an offence
- they see an image or hear a recording that a reasonable person would suspect shows a child sex offence
- they see an image whose possession may itself be an offence
“Child sex offence” is defined in Schedule 12. It covers offences such as rape and sexual assault of children, sexual activity with a child, grooming, abuse of a position of trust, indecent images of children and child sexual exploitation.
Making the report
The report goes to the police force or local authority for the area, can be oral or written, must say who is believed to be involved and why the report is made, and must be made as soon as practicable (section 85(2)). A report doesn’t breach confidentiality.
You don’t have to report:
- for up to 7 days, if you reasonably believe reporting would put a child’s life or safety at risk, or that someone else will report in that time
- if someone tells you they have reported and you reasonably believe them
Exceptions for children’s own behaviour
Sections 88 to 90 set out exceptions where the people involved are children aged 13 or over, for example consensual sexual activity between them or the sharing of images between them. In most of these cases the person must also be satisfied that a report isn’t appropriate, having regard to the risk of harm. These exceptions only remove the duty to report. They don’t stop a school following its safeguarding procedures. See sharing nudes and semi-nudes.
What happens if someone doesn’t report
Not reporting is not an offence in itself. Section 95 adds failing to comply with the duty to the conduct the DBS considers for barring. Preventing or deterring someone from making a report is a new offence (section 92), with up to 7 years in prison.
The FGM duty for teachers
Section 5B of the Female Genital Mutilation Act 2003 already requires a teacher who, in the course of their work, discovers that FGM appears to have been carried out on a girl under 18 to report it to the police. “Discovers” means the girl tells them, or they see physical signs. KCSIE says teachers should not be examining pupils (Annex A).
- The teacher must report personally, usually by calling 101. Unless there is a good reason not to, they should still talk to the DSL and involve children’s social care as appropriate (KCSIE 2026, Part one paragraph 46 and Annex A).
- The Home Office says best practice is to report by the end of the next working day. The legal limit is one month.
- It doesn’t apply to suspected or at-risk cases, or to women aged 18 or over. Those go through the DSL and local procedures.
- Schools deal with a failure to report through staff disciplinary procedures.
For the wider context, see honour-based abuse and FGM.