THE UNBREAKABLE SEAL?

BACKGROUND TO CONVERSATION

When we published our original report, we included this proposed change to Canon Law (my emphasis in bold): "The Seal of Confession: Repealing Canon 113 (1603), which currently upholds the seal of confession, and replacing it with a provision that clearly obligates clergy to report safeguarding concerns raised in the context of confession. This exemption would ensure that safeguarding issues, especially those related to abuse or harm, cannot be kept confidential under the seal of confession but must be reported to the NST and relevant authorities. This exemption will be clearly defined in the new Canon, ensuring legal clarity while respecting the pastoral role of clergy."

A survivor, now an adult, contacted us to say that they did not agree with this (and it has been removed from our 'easy read' version), because it would require a priest, who heard in confession by the victim the circumstances of the abuse and/or the identity of the perpetrator, to report these details to the authorities. This, the survivor said, would prevent them from accessing a completely safe context in which to talk about what has happened to them. Subsequent conversations with survivors, priests, counsellors and those operating in similar contexts such as schools have revealed similar concerns where an adult survivor is making the disclosure.

However, the legislation currently going through parliament appears to impose a duty on clergy to report any and all disclosures of abuse, including those made during the sacrament of confession.

PROPOSED AND CURRENT GOVERNMENT LEGISLATION

Section 72 of the proposed Crime and Policing Bill currently making its way through parliament has this as its opening paragraph:

"A person aged 18 or over must make a notification under this section if, in the course of engaging in a relevant activity in England, they are given reason to suspect that a child sex offence may have been committed (at any time)." Note that the bracketed expression, (at any time) is part of the proposed text.

This is very similar to the notification required by the FGM act as amended in 2015. The government's guidelines for potential reporters is as follows: "...requires regulated health and social care professionals and teachers in England and Wales to make a report to the police where, in the course of their professional duties, they either: • are informed by a girl under 18 that an act of FGM has been carried out on her; or • observe physical signs which appear to show that an act of FGM has been carried out..."

Interestingly, mandatory reporting in this case is NOT required where the disclosure is made by an adult survivor.

There is provision in the bill for providers of a "specified service" would be exempt from mandatory reporting but it appears that this would not include sacramental confession.

IICSA REVIEWS

IICSA (independent Inquiry Child Sexual Abuse) ran seminars looking at the issue of Mandatory reporting. Reports of these can be found on their website.

1. The first Seminar looked at existing obligations and reporting, including of FGM, and then looked at international examples of mandatory reporting: https://webarchive.nationalarchives.gov.uk/ukgwa/20221215032558/https://www.iicsa.org.uk/key-documents/13689/view/mandatory-reporting-seminar-two-summary-report.pdf

2. The second Seminar also studied the use of mandatory reporting in other jurisdictions. It then looked at the experience of those reporting abuse, and finally proposed a way forward along with discussion of the issues raised by this: https://webarchive.nationalarchives.gov.uk/ukgwa/20221215032558/https://www.iicsa.org.uk/key-documents/13689/view/mandatory-reporting-seminar-two-summary-report.pdf

What is noticeable about the discussions is that they all assume that the victim, and usually the reporter, is a child. I was not able to discern any consideration of disclosures made by an adult where that adult did not wish any action to be taken.

This is IICSA's final recommendation (#73 in the report) with some explanatory material removed: "Mandatory reporting

The Inquiry recommends that the UK government and Welsh Government introduce legislation which places certain individuals – ‘mandated reporters’ – under a statutory duty to report child sexual abuse where they receive a disclosure of child sexual abuse from a child or perpetrator; or witness a child being sexually abused; or observe recognised indicators of child sexual abuse.

...

It should be a criminal offence for mandated reporters to fail to report child sexual abuse where they are in receipt of a disclosure of child sexual abuse from a child or perpetrator or witness a child being sexually abused."

The Bill appears to go beyond "where they receive a disclosure of child sexual abuse from a child or perpetrator" to include all disclosures.

A WAY FORWARD?

Based on the above, I believe that mandatory reporting of disclosures by or about a child will become law and that the Church of England, as the State Church, should and will be obligated to amend its Canon Law regarding the confessional appropriately.

The (at any time) clause does trouble me as it could seriously inhibit the work of counsellors, social workers, medical staff, etc., as well as clergy. This is not something that can be solved by church procedures but I'm surprised that it's not getting a lot more attention.

I therefore propose the following, subject to the legislation not overriding this:

1. That mandatory reporting will apply to information about sexual abuse (of a child or adult) shared during a confession unless the person making the disclosure is the survivor of the reported abuse who is now an adult who cannot be described as 'vulnerable'.

2. Where the disclosure is made by a survivor who is now an adult, the priest should advise that the information will be reported to the authorities unless the victim withholds their consent. Where the victim does not wish to be involved personally but does want action taken, an agreed concern report should be made to the National Portal.

MORE INFORMATION ON THE BILL

The NSPCC has prepared a series of webinars on the implications of the bill. Visit https://mylearning.nspcc.org.uk/ to find these free resources.