Positions of Trust Legislation Timeline

A position of trust is a legal term that refers to certain roles and settings where an adult has regular and direct contact with children in the United Kingdom (UK).  

There are a range of settings which are defined in legislation as settings where adults are in a  position of trust over children. The legislation exists to protect young people (in particular 16- and 17-year-olds) from sexual harm and abuse from those who are in a position of trust over them.  

Although there is legislation in the UK to attempt to protect children from abuse by adults in positions of trust there is further work that is required to strengthen the provisions to keep children safe from harm and abuse in these settings. 

Thirtyone:eight, the UK’s leading independent Christian safeguarding charity, published its first-ever manifesto setting out the key opportunities it has identified to improve policy, legislation and guidance to offer greater protection from harm and abuse to all children and adults living in the UK. 

The manifesto, entitled ‘Together we can - a manifesto for a safer society for all’, contains a number of key recommendations grouped into three main themes. The recommendations aim to strengthen the safeguards that are already in place, better protect victims and survivors of abuse, and create safer environments for all.

One of the key areas of focus is for Scotland to bring it’s position of trust legislation in line with the position in England, Wales and Northern Ireland to incorporate sport and faith roles and for all nations in the UK to broaden the scope of positions of trust legislation to be inclusive of the nature of the relationship as opposed to specific listed roles in order to close the current loopholes.    

In April 2017, the Duty of Care in sport report is published. This report was an independent report undertaken by Baroness Tanni Grey-Thompson. One of the key recommendations of this report was that the Government should review the Sexual Offences Act 2003 to include sports coaches within the definition of “positions of trust”, in order to provide additional safeguards for 16 and 17 year olds. 

You can read the report here:  

In 2009, the Sexual Offences (Scotland) Act is passed and became law in Scotland. The act creates the offence of “sexual abuse of trust” which means that it is an offense for an individual over the age of 18 years old to intentionally engage in sexual activity with a person who is under 18 years old when they are in a “position of trust”. A position of trust” is defined by the act as when someone looks after a child in an institution, local authority accommodation, educational institution, has parental responsibility for a child and/or teaches, trains, supervises or is solely charge of the child.  

You can read the legislation here: 

In 2008, the Sexual Offences (Northern Ireland) Order is passed and became law in Northern Ireland. The act created an offense for “abuse of position of trust” by engaging with “sexual activity with a child”. Under this legislation, it is an offence for a person over the age of 18 years old to engage in sexual activity with or in front of a child, causing or incite a child into sexual activity or forcing a child to watch a sexual act. A “position of trust” is defined by this act as applying to those who look after children in hospital, residential care, children’s homes, in educational institutions and those who are regularly involved in caring for, training and supervising in such contexts.  

You can read the legislation here: 

You can read the legislation here:  

• Sexual Offences Act 2003