Duty to report
There are some differences in legislation across the UK with regard to reporting known or suspected abuse, but all the guidance makes it clear that anyone who has concerns should make a referral if there is a concern that a child is suffering significant harm or is likely to do so. In Wales, this is expanded to include adults at risk.
In certain professional settings, regulators often require their practitioners to report abuse, and failing to do so may have consequences such as misconduct or fitness to practice proceedings against them.
Faith organisations and charities that work with adults at risk may have the ability to share concerns or information with statutory agencies. However, a formal duty to report arises only when there is an immediate risk to the adult’s life or physical safety—whether from themselves or another person. In situations where there is no immediate risk, reporting may still be appropriate, but typically requires the adult’s consent unless specific legal exceptions apply (e.g. where a crime has been committed or the adult lacks capacity).
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There are signs that the law in England may soon change to introduce a legal duty for people in certain roles who work with children and young people to report known or suspected sexual abuse. This may include making it a criminal offence to try to stop someone from reporting. If these changes go ahead, they’ll strengthen the expectations around safeguarding and make reporting a legal requirement in some situations.
Under Section 5 of the Criminal Law (Northern Ireland) Act 1967 it is an offence to fail to report a ‘relevant offence’ to the police.
This includes:
- knowing or believing that an offence has been committed
- having information which could lead to the apprehension, prosecution or conviction of an offender.
This legislation covers offences against children and adults.
There is currently no legal duty to report concerns about a child’s safety or welfare. However, section 2.1 of the National guidance for Child Protection states that all agencies have a responsibility to recognise and actively consider potential risks to a child, irrespective of whether the child is the main focus of their involvement.
Under the Disclosure (Scotland) Act 2020, charities have a legal duty to refer individuals to Disclosure Scotland if:
- they have harmed a child or protected adult, or
- they pose a risk of harm, and
- they have been dismissed or moved away from regulated roles as a result. This duty applies even if the individual resigns before action is taken.
Under the Social Services and Well-being (Wales) Act 2014, relevant ‘partner agencies’ have a duty to report concerns. However, anyone with knowledge, concerns or suspicions that a child or adult at risk is being harmed has a responsibility to refer this to statutory services. This also extends beyond the working context so that any worker (paid or voluntary) who becomes aware of concerning behaviour e.g. by a friend or neighbour who works with children or adults at risk is expected to report this.
Page last updated: 17 November 2025