The United Kingdom's Crime and Policing Act 2026 received Royal Assent on April 29, 2026. Section 85 of the Act requires persons engaged in various activities to notify police "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)." The law in Sec. 85(12) provides and elaborate definition of "relevant activity." The effective date of Section 85 must still be established by further regulations promulgated by the Secretary of State. Meanwhile, a member of Parliament submitted a written question to the Secretary of State for the Home Department. MP Ben Obese-Jecty asked whether the mandatory reporting requirements will apply to information heard during religious confession.
On September 7, the Home Office responded:
This Government remains firmly committed to tackling all forms of child sexual abuse. The new mandatory reporting duty we are working to implement will be a vital step in safeguarding children more effectively across a range of institutions and settings.
The Crime and Policing Act 2026 does not provide any exemption from mandatory reporting on the basis of religious practice, or the setting in which information is received. In defining who is subject to the duty, the Act makes specific provision for those providing religious instruction to children beyond the regulated activity framework in Schedule 12. The Act also makes clear how the duty interacts with any wider expectations of confidentiality that a reporter may be subject to. Section 85 makes clear that submitting a report under the mandatory reporting duty does not breach any obligation of confidence owed by the person making the report. This ensures that individuals who are subject to the duty can make reports as required by law.
We will continue to engage across government and with stakeholders to help manage the implementation of the new duty to ensure readiness and compliance for when the duty comes into effect in 2027.
[Thanks to Law & Religion UK for the lead.]
