Liability of organisations and their officers (Cl. 5(2)

If an organisation commits the offence, its directors, managers and members of its governing body commit it too if they authorised, permitted or participated in it, or if they “fail[ed] to take all reasonable steps to prevent” it (cl. 5(2)). The Bill does not define “manager”, and there is no code of practice or guidance on what “all reasonable steps” requires. The maximum penalty is five years’ imprisonment.

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This is not the usual approach. Under the Bribery Act 2010, liability for failing to prevent an offence falls on the organisation, which has a defence if it had adequate procedures (s.7), and the Government must publish guidance on those procedures (s.9). Individual officers are liable only where the offence was committed with their consent or connivance (s.14). This Bill places failure-to-prevent liability on individual officers, with no defence and no guidance.

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The provision reaches companies, charities, clinics, schools and academy trusts, universities, NHS bodies, local authorities, training bodies and parent support groups.

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Effects: Officers face personal criminal liability for the conduct of staff and volunteers under an offence they cannot define. The safest response is defensive policy: restricting what staff may discuss, and adopting affirmation-led protocols to reduce the risk of complaint. Organisations are likely to rely on template policies from third-sector bodies, some of which have overstated the law in this area before. Organisations that support families or train practitioners are likely to restrict what is discussed. Staff who hold protected beliefs (Forstater) may face discipline under those policies.

At a minimum