Safeguarding and Mandatory Reporting
Updates to the Crime and Policing Act 2026 and amateur theatre’s responsibilities
Mandatory reporting duty
Anyone taking part in regulated activity with children in England - including theatre groups, must now report to the police or local authority if they are made aware a child is being sexually abused. This would cover all in amateur theatre who work regularly with under-18s.
Who the duty applies to
The duty applies to anyone taking part in regulated activity with children in England, such as teachers, healthcare professionals, and sports coaches, as well as several other specific roles set out in the Act. For amateur theatre, this would capture anyone regularly working with under-18s including the groups managing committee.
What triggers the duty
The duty is triggered when someone is made aware that a child is being sexually abused, either by being told about it by a child or perpetrator, or by witnessing the abuse themselves.
Who to report to and how quickly
A report must be made to the police or local authority as soon as reasonably practicable to prevent the risk of further harm.
You only need to report once
Only one report must be made for each disclosed incident. A ‘reporter’ will not have to make a notification under the duty if they have confirmed that a report has already been made, or will be made in the near future. This means a newly qualified professional can refer the incident to their designated safeguarding lead for an onward notification to be made. In an amateur theatre context, a volunteer who becomes aware of abuse could refer it to the group's safeguarding lead rather than having to report directly themselves.
Consequences for failing to report
Those who fail to report child sexual abuse which they are made aware of may be referred to the Disclosure and Barring Service, and face being barred from working with young people in the future. They could also be referred to their professional regulator to consider their fitness to practise where relevant.
Importantly, no criminal sanctions are attached to a failure to report. The government considered that attaching criminal penalties could create a chilling effect where people are reluctant to volunteer or enter the professions for fear of being criminalised for making a mistake and could even drive the hidden crime of child sexual abuse further into the shadows as dedicated adults avoid undertaking activity with children. This is obviously particularly relevant consideration for amateur theatre, which relies heavily on volunteers.
Obstruction is a separate and serious criminal matter
While failing to report is not itself a crime, actively trying to stop someone making a report is a criminal offence punishable by up to seven years in prison. This applies to anyone — not just those in regulated activity — who engages in conduct intended to bring about the result that a required report is not made. So a chair of an amateur theatre society who pressures a director to stay quiet could face prosecution.
DBS checks for supervised volunteers
This is probably the most significant change for amateur theatre. The Act removes the supervision exemption from the definition of regulated activity, meaning that people working or volunteering closely and frequently with children on a supervised basis are now eligible for the highest level of DBS check, including a check against the children's barred list, regardless of whether they are supervised. Previously, supervised volunteers could slip through without this check.
Only those who work or volunteer in a supervised role with children for more than three days in a 30-day period, or overnight between 2am and 6am, will be eligible for the highest-level check — so occasional helpers are not affected, but regular rehearsal directors or youth group leaders would be.
In short, amateur theatre groups running youth productions or workshops should ensure that regular adult volunteers and staff obtain enhanced DBS checks with barred list clearance, and that everyone in those roles understands their new legal duty to report suspected child sexual abuse.
More information can be found on the Gov. website – please click here
For more information on obtaining DBS checks through NODA, please click here