Clergy in England who are told about incidents of child sexual abuse during Confession will not be legally bound to report the disclosures to authorities when a new law comes into force next year.
A new mandatory reporting law which is part of the Crime and Policing Act states that those working, volunteering or undertaking “relevant activity” with children must report any abuse disclosures. Section 85 of the Act says the duty applies to people undertaking “regulated activity”, however Confession has not been classified as a “regulated activity”, so will be exempt from the reporting requirement. The fact that a priest hears confessions does not make the hearing of Confession a regulated activity.
Earlier this year, the Church of England’s lead bishop for safeguarding, Rt Rev Robert Springett, told General Synod that “the responsibility is firmly in our court”.
He added that he was “acutely aware that the continued use of the Seal is seen by many as fatally undermining our credibility in our commitment to mandatory reporting, indeed it undermines the view for many of the sincerity of our commitment to safeguarding itself”.
The Church of England has made clear that “disclosures of abuse must be reported but with a pastoral and compassionate response so that all victims and survivors who come forward are supported”. In a statement it said that now it is aware of the government’s position, the issue of the Seal of Confession will be debated again by the House of Bishops in October.
The chief executive of the National Secular Society, Stephen Evans called the exemption of Confession under the new law “an indefensible loophole”. He told The Telegraph he had previously been assured by the Home Office that there would be no exceptions, “Yet the legislation appears to leave open the possibility that disclosures of child sexual abuse made during Confession could go unreported”.
He said it would represent “either serious legislative incompetence or a clear retreat from what the Government promised. Ministers must urgently clarify the law and, if necessary, amend it. No religious practice should take precedence over protecting children from abuse.”
A Home Office spokesman said: “There are no religious exemptions to reporting instances of child sexual abuse for those working or volunteering with children. The Crime and Policing Bill will not change this.”