Provisions on professionals' legal obligation to report cases of child abuse, neglect and violence

In integrated child protection systems, the emphasis should be on primary prevention and the development of generic services for children and families. However, the identification, reporting and referral procedures of children in need of protection are also of paramount importance. Procedures and methods of assessment by competent authorities of the reporting of cases should reflect the principle of the best interests of the child and seek to take into consideration children’s views.

The data presented include information on professionals' obligations to report cases falling under the scope of child protection systems, and on the rights of children in alternative care to issue complaints against residential care facility and personnel.

Member States should develop identification, reporting and referral mechanisms for cases of children in need of protection. Existing mechanisms should be confidential, well publicised and accessible by professionals and civilians but also by children themselves and their representatives.

Specific provisions on professionals' legal obligation to report cases of child abuse, neglect and violence (this map should be read together with the map on specific legal obligations for civilians to report cases)

 
 

Source: FRA, 2014

  Yes, for all professional groups
  Yes, but limited to a particular group of professionals
  No

Key findings

  • In the majority of EU Member States, reporting obligations exist for professionals who are in contact with children. They do not, however, always apply to all professionals groups.
  • Only a few Member States have specific reporting obligations addressing civilians. 
  • In some Member States there is a comprehensive referral mechanism. However, in many the lack of clear reporting procedures and protocols creates further delays or leads to the under-reporting of cases.
  • The lack of a comprehensive document outlining the referral mechanism in place as well as the responsibilities of each of the actors involved has resulted in ineffective cooperation among professionals.
  • An important challenge identified in tackling under-reporting is the failure of professionals to recognise abuse and to understand and fulfil their professional responsibilities and obligations once concerns are noticed. There is thus a great need of training on the signs of abuse and the identification of child victims for all professionals who come into contact with children.

In 15 Member States (Bulgaria, Croatia, Denmark, Estonia, France, Hungary, Ireland, Lithuania, Luxembourg, Poland, Romania, Slovenia, Spain, Sweden and the United Kingdom) reporting obligations are in place for all professionals.

In 10 Member States (Austria, Belgium, Cyprus, the Czech Republic, Greece, Finland, Italy, Latvia, Portugal and Slovakia) existing obligations only address certain professional groups such as social workers or teachers.

In Germany, Malta and the Netherlands, no reporting obligations were in place in March 2014. In Malta, however, the new draft Child Protection Act (Out of Home Care), introduces the obligation of mandatory reporting for all professionals and volunteers.

In many Member States, the anonymity of reporting professionals is not always guaranteed, as in Denmark, Greece and Lithuania, for example. This lack of anonymity may sometimes discourage professionals from reporting a case of a presumed victim.