In March 2015, the Home Secretary, at the time, established the Independent Inquiry into Child Sexual Abuse (IICSA). The Inquiry covered England and Wales and was set up to consider the extent to which Institutions have failed in their duty of care to protect children from sexual abuse and exploitation.
IICSA reports on the failings of individual institutions
Over the past seven years, the Inquiry has published several reports on the failings of individual institutions, including the Church and other organisations including children in the care of Nottinghamshire Councils. All of these reports can be found here.
The IICSA has now published its Final Report which can be found here. The Inquiry has made the following recommendations:
- The introduction of one single core data set covering England and Wales. To facilitate this, agencies should produce consistent and compatible data about child sexual abuse and the characteristics of its victims.
- The introduction of a Child Protection Authority for England and one for Wales. The Authority’s purpose would be to improve practice in child protection, provide advice and recommendations and inspect institutions and settings as it considers necessary and proportionate.
- A Cabinet Minister for Children
- To raise public awareness about child sexual abuse and the action to take if child abuse is happening or suspected to be happening.
- Pain compliance. The Inquiry recommends that the UK government prohibits the use of any technique that deliberately induces pain.
- The amendment of the Children Act 1989 so that, where there is reasonable cause to believe that a child in the care of the local authority is experiencing or at risk of experiencing significant harm, the court may take certain action.
- Registration of care staff in children’s homes. Registration should be with an independent body charged with setting and maintaining standards of training, conduct and continuing professional development.
- Registration of staff in care roles in young offender institutions and secure training centres.
- Greater use of the barred list. To enable any person engaging an individual to work or volunteer with children on a frequent basis to check whether or not they have been barred by the Disclosure and Barring Service from working with children.
- Improving compliance with the statutory duty to notify the Disclosure and Barring Service of any concerns regarding an individual’s suitability to work with children.
- Extending the disclosure regime to those working or volunteering with children overseas with UK-based organisations.
- To make it mandatory for all regulated providers of search services and user-to-user services to pre-screen for known child sexual abuse material.
- Mandatory reporting. To introduce legislation which places certain individuals (mandated reporters) under a statutory duty to report child sexual abuse where they receive disclosure from a victim or perpetrator, witness a child being sexually abused or observe recognised indicators of sexual abuse. Mandated reporters are any person working in regulated activity in relation to children, any person working in a position of trust and police officers.
- Compliance with the Victims’ Code. A joint inspection of compliance with the Victims’ Code in relation to victims and survivors of child sexual abuse.
- That the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse be removed with the burden falling on Defendants to show that a fair trial is not possible.
- Specialist therapeutic support for child victims of sexual abuse.
- The introduction of a code of practice on retention of and access to records known to relate to child sexual abuse. The retention period for records known to relate to allegations or cases of child sexual abuse should be 75 years with appropriate review periods. The code should ensure that there are clear and accessible procedures for victims and survivors of child sexual abuse to access such records.
- Amendment of the Criminal Injuries Compensation Scheme to:
- Include other forms of child sexual abuse, including online-facilitated sexual abuse.
- The rules on unspent convictions should be amended to not automatically exclude an application where an applicant has an unspent conviction, which is likely to be linked to the circumstances of their sexual abuse as a child.
- Increase the time limit for child sexual abuse applications so that applicants have seven years to apply from i) the date the offence was reported to the police or ii) the age of 18, where the offence was reported whilst the victim was a child.
- The introduction of a Redress Scheme to compensate victims and survivors of child sexual abuse.
- The introduction of legislation requiring providers of online services and social media platforms to implement more stringent age verification measures.
The IICSA expects the UK and Welsh Governments and the specified institutions to act upon its recommendations promptly and to publish details of the steps the institutions will take within six months of the report.
How can we help
Dianne Collins is a Senior Associate in our expert Personal Injury team.
If you have suffered abuse, even if it was a long time ago, in a church setting, residential care or foster care, a sports setting or any other institution, you may be able to make a claim for compensation.
If you would like confidential, free advice on whether you can claim compensation, please get in touch with Dianne or Helen Froggatt on 0800 024 1976 or via our online enquiry form.
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