Committee (3rd Day)

Part of Serious Crime Bill [HL] – in the House of Lords at 4:30 pm on 15 July 2014.

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Amendment 40BZE not moved.

Amendment 40BZEA (in substitution for Amendment 40C)

Moved by Baroness Walmsley

40BZEA: After Clause 62, insert the following new Clause—

“Mandatory reporting of abuse in relation to regulated activities

(1) Subject to subsection (4), providers of regulated activities involving children or vulnerable adults, and persons whose services are used by such providers being persons who stand in a position of personal trust towards such children or vulnerable adults, who have reasonable grounds for knowing or suspecting the commission of the abuse of children or vulnerable adults in their care whether such commission of abuse shall have taken place or be alleged to have or be suspected of having taken place in the setting of the regulated activity or elsewhere, have a duty to inform the Local Authority Designated Officer (LADO) or children’s services or such other single point of contact with the local authority as such authority may designate for the purpose of reporting it or any such matter, allegation or suspicion as soon as is practicable after it comes to their knowledge or attention.

(2) Failure to fulfil the duty set out in subsection (1) before the expiry of the period of 10 days of the matter or allegation or suspicion first coming to the knowledge or attention of the provider or of any person whose services are used by the provider as defined in subsection (1) is an offence.

(3) It shall be a defence to show that the LADO or children’s services or that such other single point of contact with the local authority as such authority may designate for the purpose of reporting was or were informed by any other party during the 10 days referred to in subsection (2) or had been so informed before then.

(4) A Secretary of State having responsibility for the welfare, safety and protection of children and of vulnerable adults may in exceptional cases by a letter or other instrument under his hand rescind or temporarily suspend the duty referred to in subsection (1) in the case of any specified child or children or of any specified vulnerable adult or adults concerning whom it appears to him that the welfare, safety or the protection of such child or children or of such vulnerable adult or adults would be prejudiced or compromised by the fulfilment of the duty referred to in subsection (1) and may where it appears to him that the welfare, safety and protection of children is furthered thereby exempt any specified entity or organisation and the members thereof that works with children generally in furtherance of their welfare and safety and protection or any specified medical officer from compliance with the duty referred to in subsection (1) provided always that no allegation is made against such entity or organisation or member thereof or against such medical officer.

(5) It shall be a defence for any person to show that a Secretary of State having responsibility for the welfare, safety and protection of children and of vulnerable adults has issued a letter or other instrument under his hand rescinding or temporarily suspending the duty referred to in subsection (1) in the case of any specified child or children or of any specified vulnerable adult or adults and it shall be a defence for any person employed by or operating as an entity or organisation that works with children or for any medical officer to show that a Secretary of State having responsibility for the welfare, safety and protection of children and of vulnerable adults has by such letter or instrument under his hand whether temporarily or permanently exempted it and its members or any medical officer from compliance with the duty referred to in subsection (1).

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine, or both.

(7) In this section “regulated activity” has the same meaning as in Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.”