# What is the mandatory reporting duty for child sexual abuse, and is it in force for schools?

Source page: https://pupilprotect.co.uk/guides/mandatory-reporting-duty  
Last updated: 2026-10-20  
Publisher: Pupil Protect (Glacier Labs Ltd)

> The Crime and Policing Act 2026 creates a duty for anyone aged 18 or over in regulated activity with children in England, which includes most school staff and regular volunteers, to report to the police or local authority when they are given reason to suspect a child sex offence. It became law on 29 April 2026, but sections 85 to 95 were not in force when we checked legislation.gov.uk on 20 October 2026, and the government has not yet published its guidance. The separate FGM mandatory reporting duty has applied to teachers since 31 October 2015: a teacher who discovers that FGM appears to have been carried out on a girl under 18 must personally report it to the police.

## 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](https://pupilprotect.co.uk/glossary/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:

1. they **witness** conduct that is a child sex offence
2. a **child tells them** something that would make a reasonable person in the same role suspect an offence
3. **another person tells them** something that would make a reasonable person suspect that person committed an offence
4. they **see an image or hear a recording** that a reasonable person would suspect shows a child sex offence
5. 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](https://pupilprotect.co.uk/glossary/sharing-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](https://pupilprotect.co.uk/glossary/fgm).

## Questions

**What is the Crime and Policing Act mandatory reporting duty?**  
Section 85 of the Crime and Policing Act 2026 will require anyone aged 18 or over who is in regulated activity with children in England, or another listed role, to notify the police or the local authority as soon as practicable if, through that work, they are given reason to suspect a child sex offence may have been committed. It covers witnessing abuse, a child telling them something, someone admitting an offence, and seeing images or hearing recordings.

**What is the Crime and Policing Act 2026 commencement date?**  
There isn't one for the whole Act. It received Royal Assent on 29 April 2026 and is being brought in by commencement regulations. When we checked legislation.gov.uk on 20 October 2026, the four sets of commencement regulations made so far did not include sections 85 to 95, so the duty to report child sexual abuse was not in force. The removal of the supervision exemption (section 139) has been in force since 1 September 2026.

**What is the mandatory reporting duty for teachers in relation to FGM?**  
Under section 5B of the Female Genital Mutilation Act 2003, a teacher who discovers in the course of their work that FGM appears to have been carried out on a girl under 18, because she tells them or they see physical signs, must report it to the police personally. It has applied since 31 October 2015. It doesn't cover suspected or at-risk cases, or women aged 18 or over, which go through the DSL and local procedures.

**Can the DSL make the report for me?**  
Under the new child sexual abuse duty, yes. You don't have to report if you reasonably believe another person will report within 7 days, or someone tells you they have reported and you believe them, and a report can be made on your behalf. The Home Office says this means staff can pass a concern to the DSL to report. The FGM duty is different: the teacher must report personally, though they should still talk to the DSL.

**What happens if you don't report?**  
Failing to comply with the new duty isn't a criminal offence in itself, but the Act makes it relevant conduct for barring, so the person can be referred to the DBS and considered for the barred list. Preventing or deterring someone from reporting is a new criminal offence, with up to 7 years in prison. For the FGM duty, failure is handled through staff disciplinary procedures.

## Sources

- [Crime and Policing Act 2026, Part 5, Chapter 2: duty to report child sexual abuse, sections 85 to 95 (legislation.gov.uk, marked prospective)](https://www.legislation.gov.uk/ukpga/2026/20/part/5/chapter/2), checked 2026-10-20
- [Crime and Policing Act 2026, Schedule 12: child sex offences and further relevant activities](https://www.legislation.gov.uk/ukpga/2026/20/schedule/12), checked 2026-10-20
- [Crime and Policing Act 2026, section 255 (commencement), and Commencement Regulations No. 1 to 4 (SI 2026/689, 939, 960 and 1090)](https://www.legislation.gov.uk/ukpga/2026/20/section/255), checked 2026-10-20
- [Crime and Policing Act 2026: Independent Inquiry into Child Sexual Abuse recommendations factsheet (Home Office, updated 30 September 2026)](https://www.gov.uk/government/publications/crime-and-policing-act-2026-factsheets/crime-and-policing-act-2026-independent-inquiry-into-child-sexual-abuse-recommendations-factsheet), checked 2026-10-20
- [Information Sharing Duty: statutory guidance (DfE, September 2026), box on the information sharing duty and the mandatory reporting duty](https://assets.publishing.service.gov.uk/media/6aa2a5b1c5796a7a179c665a/Information_sharing_duty_statutory_guidance.pdf), checked 2026-10-20
- [Female Genital Mutilation Act 2003, section 5B (duty to notify police of female genital mutilation)](https://www.legislation.gov.uk/ukpga/2003/31/section/5B), checked 2026-10-20
- [Mandatory reporting of female genital mutilation: procedural information (Home Office)](https://www.gov.uk/government/publications/mandatory-reporting-of-female-genital-mutilation-procedural-information), checked 2026-10-20
- [Keeping children safe in education 2026, Part one, paragraph 46, and Annex A, FGM mandatory reporting duty for teachers (DfE, in force from 1 September 2026)](https://assets.publishing.service.gov.uk/media/6ac3c09c11ed58342ad8e4ac/Keeping_children_safe_in_education_2026.pdf), checked 2026-10-20

## Related

- [What is regulated activity?](https://pupilprotect.co.uk/glossary/regulated-activity): The duty will apply to people in regulated activity, which widened on 1 September 2026.
- [How schools make a safeguarding referral](https://pupilprotect.co.uk/guides/how-to-make-a-safeguarding-referral)
- [Honour-based abuse and FGM](https://pupilprotect.co.uk/glossary/fgm)
- [Sharing nudes and semi-nudes in schools](https://pupilprotect.co.uk/glossary/sharing-nudes)
- [Safeguarding concern form](https://pupilprotect.co.uk/tools/safeguarding-concern-form): A free form for writing down a concern, to print or fill in.

## In Pupil Protect

Pupil Protect Connect tracks every referral to social care, Early Help, health and the police, with the lawful basis and whether parents know. A referral is flagged late at 5 days without an acknowledgement and 10 days without an outcome. [See how Connect tracks referrals](https://pupilprotect.co.uk/connect)