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Allegation's of harm arising from under-age sexual activity
5.1.1 Cases of under-age sexual activity which present cause for concern are likely to raise difficult issues and should be handled particularly sensitively.
5.1.2 Children and Family Services staff working in universal services to support the Teenage Pregnancy Prevention Strategy offering Sexual Health advice, information and guidance including issuing condoms have the support of the Local Authority and are not required to mandatorily report under 16’s who reveal they are sexually active. Staff operate under the Teenage Pregnancy national Best Practice Guidance which recommend that in terms of providing sexual health advice to young people under 16 that staff access young people against the Fraser competency Framework. This will always be applied in the context of the relationship and questions asked to ascertain whether there was any form of exploitation. Where the young person is not Fraser competent and where the are concerns around exploitation the procedures below should be followed.
5.1.3 Achieving good outcome's requires those with responsibility for assessment and the provision of services to work together to achieve agreed plans of action.
5.1.4 These staff will be appropriately trained and supported to deliver these services, including condom management and referral to other services.
5.1.5 This guidance is designed to assist those working with children and young people to identify where these relationships may be abusive, and the children and young people may need the provision of protection or additional services.
5.1.6 It is based on the core principle that the welfare of the child or young person is paramount, and emphasises the need for professionals to work together in accurately assessing the risk of significant harm when a child or young person is engaged in sexual activity.
5.1.7 All agencies, which have contact with children and young people, must use this protocol. Any individual agency guidance on under age sexual activity must be consistent with this guidance.
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Assessment
5.1.8 All young people, regardless of gender, or sexual orientation who are believed to be engaged in, or planning to be engaged in, sexual activity must have their needs for health education, support and/or protection assessed by the agency involved. This assessment must be carried out in accordance with information and guidance set out in these guidelines and procedures and the “Guidelines for Health Practitioners in Relation to Young People under 18 attending the Trust for Sexual Health Advice or Treatment”.
5.1.9 In assessing the nature of any particular behaviour, it is essential to look at the facts of the actual relationship between those involved. The following factors should be considered:
- Power imbalances are very important and can occur through differences in size, age and development and where gender, sexuality, race and levels of sexual knowledge are used to exert such power. (Of these, age may be a key indicator, e.g. a 15 year old girl and a 25 year old man)
- There may also be an imbalance of power if the young person’s sexual partner is in a position of trust in relation to them e.g. teacher, youth worker, carer etc.
5.1.10 In the assessment, workers need to include the use of sex for favours e.g. exchanging sex for clothes, CDs/DVDs, trainers, alcohol, drugs, cigarettes etc. Young people could also have large amounts of money or other valuables which cannot be accounted for. In these instances the LSCB specific guidance in relation to sexual exploitation of children should be followed
5.1.11 If the young person has a learning disability, mental health needs or other communication difficulty, they may not be able to communicate easily to someone that they are, or have been abused, or subjected to abusive behaviour. Staff need to be aware that the Sexual Offences Act recognises the rights of people with a mental disorder to a full life, including a sexual life. However, there is a duty to protect them from abuse and exploitation.
5.1.12 In order to determine whether the relationship presents a risk to the young person, the following factors are to be considered. This list is not exhaustive and other factors may be needed to be taken into account:
- Whether the young person is competent to understand and consent to the sexual activity they are involved in
- Whether anything is known about the child’s living circumstances or background which would increase their vulnerability
- The nature of the relationship between those involved, particularly if there are age or power imbalances as outlined above
- Whether overt aggression, coercion or bribery was involved including misuse of substances/alcohol as a dis inhibitor
- Whether the young person’s own behaviour, for example through misuse of substances, including alcohol, places them in a position where they are unable to make an informed choice about the activity
- Any attempts to secure secrecy by the sexual partner beyond what would be considered usual in a teenage relationship
- Whether the sexual partner is known by the agency as having other concerning relationships with similar young people.
- If accompanied by an adult during the assessment, does that relationship give any cause for concern? For example if an adult refuses or is reluctant for the child to be seen alone
- Whether the young person denies, minimises or accepts concerns
- Whether methods used to secure compliance and/or secrecy by the sexual partner are consistent with behaviours considered to be ‘grooming’
- Whether sex has been used to gain favours (e.g. swap sex for cigarettes, clothes, CD’s/DVD’s trainers, alcohol, drugs etc.). The young person has a lot of money or valuable things which cannot be accounted for. Professionals will need to be mindful of the possibility of sexual exploitation.
5.1.13 Workers will follow the Fraser guidelines when discussing personal or sexual matters with a young person under 16. The guidelines arise from the case in the early 80’s when Victoria Gillick attempted to set a legal precedent in England and Wales which would have meant that medical practitioners could not give young people under the age of 16 treatment or contraceptive services without parental permission.
5.1.14 Initially successful the ruling was eventually changed when the House of Lords ruled that people who are under 16, who are fully able to understand what is proposed, and its implications, are competent to consent to medical Section 5.1 treatment regardless of age. This is now the legal position in England and Wales.
5.1.15 The Fraser guidelines give guidance on providing advice and treatment to young people under 16 years of age. These hold that sexual health services can be offered without parental consent providing that:
- The young person understands the advice being given.
- The young person cannot be convinced to involve parents/carers or allow the medical practitioner to do so on their behalf.
- It is likely that the young person will begin or continue having intercourse with or without treatment/contraception.
- Unless he or she receives treatment/contraception their physical or mental health (or both) is likely to suffer.
- The young person’s best interests require contraceptive advice, treatment or supplies to be given without parental consent.
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Process
5.1.16 In working with young people, it must always be made clear to them that absolute confidentiality cannot be guaranteed, and that there will be certain circumstances where the needs of the young person can only be safeguarded by sharing information with others.
5.1.17 This discussion with the young person may prove useful as a means of emphasizing the gravity of some situations.
5.1.18 On each occasion that a young person is seen by an agency, consideration will be given as to whether their circumstances have changed or further information has been given which may lead to the need for referral or re referral.
5.1.19 In some cases urgent action will need to be taken to safeguard the welfare of a young person. However, in most circumstances there will need to be a process of information sharing and discussion in order to formulate an appropriate plan. There should be time for reasoned consideration to define the best way forward. Anyone concerned about the sexual activity of a young person will initially discuss this with the person in their agency responsible for child protection. There may then be a need for further consultation with Children’s Social Care. All discussions will be recorded, giving reasons for action taken and who was spoken to. It is important that all decision making is undertaken with full professional consultation, never by one person alone (agency procedures must include guidance on how this is to be undertaken within their own organisation).
5.1.20 If you have concerns that the young person may be at risk of sexual exploitation/prostitution further guidance is available.
5.1.21 When a referral is received by Children's Social Care, a strategy discussion will take place in the majority of cases; this may be largely for the purposes of consultation and information sharing. This discussion will be informed by the assessment undertaken using this protocol, it is important to remember other agencies may hold vital information.
5.1.22 In many cases, it will not be in the best interests of the young person for criminal or civil proceedings to be instigated. However, Police and Children's Social Care and other agencies may hold vital information that will assist in any clear assessment of risk.
5.1.23 Following any referral to Children's Social Care and after a strategy discussion with the Police and/or any other agencies there will be one of these responses;
- no further action deemed necessary
- an initial/core assessment undertaken which may identify the young person a child in need and additional services provided
- an initial /core assessment undertaken which may identify the young person as a child at risk of significant harm and in need of child protection intervention
- In all cases the outcome of the referral will be formally fed back to the referring agency
5.1.24 During this process agencies will continue to offer the services and support to the young person.
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Young People under the Age of 13
5.1.25 Under the Sexual Offences Act 2003, children under the age of 13 are considered of insufficient age to give consent to sexual activity.
5.1.26 A child under 13 does not, under any circumstances have the legal capacity to consent to any form of sexual activity.
5.1.27 There is a presumption that cases involving under 13s will be reported to Children and Family Services and that a strategy discussion will be held. The police must be notified as soon as possible when a criminal offence has been committed or is suspected of having been committed against a child unless there are exceptional reasons not to do so. (Recommendation 12 of Sir Michael Bichard’s report)
5.1.28 In all cases where the sexually active young person is under the age of 13, a full assessment must be undertaken. Each case must be assessed individually and consideration to make a Child Protection referral to Children's Social Care Initial Assessment Team must be made. In order for this to be meaningful, the young person will need to be identified, as will their sexual partner if details are known.
5.1.29 A decision not to refer can only be made following a case discussion with the designated lead for child protection within the professional’s employing authority. When a referral is not made, the professional and agency concerned is fully accountable for the decision and a good standard of record keeping must be made, including the reasons for not making a referral.
5.1.30 When a female under 13 is found to be pregnant, a referral to the Children’s Social Care Referral and Assessment Service must be made and they will hold a strategy discussion with the police and/or other agencies. At this stage a multi agency support package should be formulated.
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Specific guidance for health professionals
5.1.31 For specific guidance relating to the health profession please see “Guidelines for Health Practitioners in Relation to Young People under 18 attending the Trust for Sexual Health Advice or Treatment” and the “Community Health Guidance” Working with Sexually Active Young People”
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Young people between 13 and 16
5.1.32 The Sexual Offences Act 2003 1 reinforces that, whilst mutually agreed, non exploitative sexual activity between teenagers does take place, the age of consent should still remain at 16. This acknowledges that this group of young people is still vulnerable, even when they do not view themselves as such.
5.1.33 Sexually active young people in this age group will still have to have their needs assessed using this guidance. Discussion with Children and Family Services will depend on the level of risk/need assessed by those working with the young person.
This difference in procedure reflects the position that, whilst sexual activity under 16 remains illegal, young people under the age of 13 are not legally capable to give consent to such sexual activity.
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Young people between 17 - 18
5.1.34 Although sexual activity in itself is no longer an offence over the age of 16, young people under the age of 18 are still offered the protection of Child Protection Procedures under the Children Act 1989. Consideration still needs to be given to issues of sexual exploitation through prostitution and abuse of power in circumstances outlined above. Some young people may be particularly vulnerable due to their background history, learning difficulties etc. Young people can still be subject to offences of rape and assault and the circumstances of an incident may need to be explored with a young person. Young people over the age of 16 and under the age of 18 are not deemed able to give consent if the sexual activity is with an adult in a position of trust or a family member as defined by the Sexual Offences Act 2003.
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Sharing information with parents and carers
5.1.35 Decisions to share information with parents and carers will be taken using professional judgement, consideration of Fraser guidelines and in consultation with the Child Protection Procedures. Decisions will be based on the child’s age, maturity and ability to appreciate what is involved in terms of the implications and risks to themselves.
5.1.36 This should be coupled with the parents’ and carers’ ability and commitment to protect the young person. Given the responsibility that parents have for the conduct and welfare of their children, professionals should encourage the young person, at all points, to share information with their parents and carers wherever safe to do so.
5.1.37 This guidance is written on the understanding that those working with this vulnerable group of young people will naturally want to do as much as they can to provide a safe, accessible and confidential service whilst remaining aware of their duty of care to safeguard them and promote their well being.
5.1.38 It is intended that this guidance will be reviewed 12 months after adoption or following changes in legislation and/or a change in national guidance.
Sexual exploitation of children and young people including children involved in prostitution
5.2.1 Guidance: The following legislation, policies and guidance documents are relevant to the issue of safeguarding children and young people from sexual exploitation:
5.2.2 Safeguarding children and young people from sexual exploitation - Supplementary Guidance to Working Together 2010.
5.2.3 The sexual exploitation of children and young people is a form of child sexual abuse. LSCB’s are required to have in place local procedures covering the sexual exploitation of children and young people.
5.2.4 Sexual exploitation of children and young people involves exploitative situations, contexts and relationships where they receive e.g. food, accommodation, drugs/alcohol/cigarettes, affection, gifts, money as a result of them performing, and/or others performing on them, sexual activities. This can be via technology, including incidents whereby the child or young person is unaware of being subject to exploitation.
5.2.5 Children are likely to become involved in sexually exploitative relationships due to varying levels of persuasion, coercion or desperation. Children are persuaded to provide sexual favours in return for payment, rewards or affection. Children are not legally deemed to be able to provide informed consent to such activities and those exploiting them are perpetrators of abuse.
5.2.6 In all cases of sexual exploitation the perpetrator will have power over the victim by virtue of:
- Age differences
- Gender
- Intellect
- Physical strength
- Economic or other resources
- Violence
- Coercion
- Intimidation
- Involvement of the child or young person in sexually exploitative relationships is often characterised by the child’s limited availability of choice resulting from their social/economic and/or emotional vulnerability.
5.2.7 The impact of a child or young person being subjected to sexual exploitation can have a profound and damaging consequence for families, including parents, siblings and extended family members. Consequences of this can impact on individual’s health, work life, family cohesion, economic stability and their social life. The use of technology can further complicate matters.
5.2.8 Schools and colleges, via their safeguarding responsibilities have a key role to play in helping children and young people gain an understanding of acceptable and unacceptable relationships, sexual behaviour and in gaining a sense of self-worth and respect for others. Both PHSE and SEAL provide a means of helping children and young people from becoming involved in sexual exploitation.
5.2.9 Those found to have been a victim of sexual exploitation are to be considered, in all circumstances, as being a ‘child in need’ and at risk of significant harm. Prostitution of children is always exploitation.
5.2.10 The initial presumption should always be that a boy or girl is not soliciting voluntarily. What seems to be a persistent and voluntary return to soliciting by a child or young person should never be taken at face value. There must be a thorough investigation of all aspects of a case to ensure that there is no evidence of an abusive relationship, including physical/mental coercion.
5.2.11 The primary focus in terms of criminal proceedings should be in respect of perpetrators and coercers. In rare circumstances it will be appropriate to consider placing the child within the criminal justice system - such as when all attempts to divert them from engagement in sexually exploitative activities has failed. Such decisions will need to be with the full knowledge of the child’s circumstances after inter-agency information sharing and undertaking a full assessment of their needs and circumstances.
5.2.12 Throughout the process it should be child-centred with their needs being paramount to all decision-making. It needs to be both collaborative and holistic in approach. It is important that proper prevention, protection and reintegration strategies are put in place so that the child or young person can return to an age appropriate lifestyle. See flow chart 6 in Appendix B.
5.2.13 Action taken in response to sexual exploitation should be a co-coordinated response which is proactive, focuses on prevention, early identification and intervention as well as disrupting activity and prosecuting perpetrators. The effective gathering and recording of information to successfully prosecute perpetrators is crucial both for current victims and, potentially, future victims.
5.2.14 The impact on a family in which their child is subject to sexual exploitation can be both profound and damaging. Where the child is subject to sexual exploitation, via technology, and abusive images have been distributed, this can be even more damaging.
5.2.15 The process of targeting and/or grooming processes can also increase such tensions. Parents/carers may be further traumatised by their inability to protect their child from sexual predators. They can also, themselves, be subjected to violence and/or intimidation from the exploited child or young person and/or the perpetrator. Siblings can also become subject to exploitation.
5.2.16 The approach to sexual exploitation should be proactive, focus on prevention, early identification as well as disrupting activity and prosecuting perpetrators.
5.2.17 The identification of a child or young person who is being sexually exploited should always trigger the agreed local procedures to ensure the child’s safety and welfare.
5.2.18 Any child or young person may be at risk of sexual exploitation regardless of their family background or other circumstances. Some, however, are more vulnerable and staff need to be aware of links to sexual exploitation via aspects such as children going missing, being involved in gang activity, and subjected to child trafficking and substance misuse. This applies to all male and female children and young people up to the age of 18.
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Sexual exploitation (multi-agency) meetings
5.2.19 In order to disrupt the incidence of the various forms of sexual exploitation it is necessary for effective multi-agency processes to be in place by which victims are supported and protected, information and evidence about perpetrators is shared
5.2.20 The use of a Sexual Exploitation Meeting should be considered whenever it is suspected that a child or young person is being subjected to or believed to be at risk of sexual exploitation. Those required to attend such a meeting will depend upon the specific circumstances of the case but are likely to include the police (FPU), children’s social care, health and school/college representation. It is important that such meetings are effectively recorded and actions identified.
5.2.21 Parents/carers are not invited to attend these meetings due to:
- the potential for other children being identified as being involved in the concern during information sharing
- the potential for the information being shared to be extremely harrowing and distressing for them to be subjected to.
5.2.22 As part of the process a decision will, however, be made as to who should be in contact with the parents/carers after the meeting and what information they should be party to at this stage.
Note - if it appears that the incident concerns more than one victim and/or the matter is one with sufficient complexity consideration needs to be made as to whether the matter should be dealt with as a ‘Major Enquiry’.
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Definition of ‘child prostitution’
5.2.23 The prostitution of children and young people is a specific form of sexual exploitation involving payment or reward of some kind.
5.2.24 Section 51 Sexual Offences Act 2003 - (In sections 47 to 50) “prostitute” means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services to another person in return for payment or a promise of payment to A or a third person; and “prostitution” is to be interpreted accordingly.
5.2.25 This covers all people, including young people under the age of 18 years.
5.2.26 The involvement of children and young people in prostitution concerns both girls and boys under the age of 18 years. Sexual activity for boys and girls under the age of 16 years is illegal, but once 16, both can consent to heterosexual or homosexual activity. Children under 13 are not capable in law of giving consent to sexual activity.
5.2.27 All young people continue to fall within the scope of The Children Act 1989 until they reach the age of 18 years and as such, any boy or girl under the age of 18 years involved in prostitution will be considered to require assessment as a child in need.
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Assessment of information
5.2.28 Factors Which May Cause a Child to be vulnerable to Sexual Exploitation:
- When children go missing from home/care
- Children are homeless
- They have a history of being abused
- Misusing alcohol and/or substances
- They present as having low esteem
- Self-harm
- Develop inappropriate friendships/relationships with adults
- Start to acquire unexplained money or possessions
- Non-school attendance
- Secretive when using the internet or mobiles
- Boyfriends is significantly older than they are
5.2.29 Note - those who seek to exploit children are adept at targeting and grooming children for this purpose. This also includes those who are known to the child and may be in a ‘position of trust’ with the child.
5.2.30 In assessing the needs of the child or young person, their possible use or risk of involvement with alcohol, drugs or solvent misuse should be taken into account. The expertise of specialist agencies should be considered.
5.2.31 The following factors should be considered when assessing the situation and deciding what action to take:
- The number and identity of the people who should be involved in reviewing the individual child or young person’s Care Plan/Family Support Plan/Child Protection plan
- The child or young person’s age and level of maturity, including taking into account any learning disability
- The child or young person’s previous experience of abuse
- The age and level of maturity of any other participants
- The identity and role of adult’s involved (e.g. parents, pimps etc)
- The role of the carers and other significant adults in the children’s life
- Can the sexual activity be considered part of age appropriate behaviour, or is it exploitative
- Who controls the sexual activity?
- Where is the sexual activity taking place?
- The child or young person’s perception and interpretation of their involvement
- What physical acts have taken place and the role of each participant?
- The actual and possible physical effects
- The actual and likely emotional effects
- The feasibility of controlling the child or young person’s movements and the likely effect in doing so
- The likely response of parents and other significant adults
- The likely response of other agencies (e.g. Police, School etc)
- The likely response of peers
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Inter-agency planning
5.2.32 Where it is believed that a child involved in sexual exploitation a referral should be made via the usual referral process to Children's Social Care.
5.2.33 In such situations it is the responsibility of Children's Social Care to organise an inter-agency information sharing meeting in order to plan:
- What action should be taken in order to protect the child(ren.)
- What further investigations need to be carried out - identifying by whom, when, etc.
5.2.34 Whilst the composition of these meetings will be set by the circumstances of the individual case it will invariably include representation from the police and Children's Social Care. Where agencies are requested to attend these meetings it is expected that they will do so - or send a representative if the nominated staff member is unavailable.
5.2.35 Whilst it is good practice for parents/carers to be invited to attend this will not apply if their attendance compromises the welfare and safety of children who are subjects in the meeting or any police investigation.
5.2.36 In the event of a number of children being subjects within the meeting the attendance of parents/carers requires particular sensitivity in order not to unnecessarily compromise confidentiality.
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If you have concerns that a child or children is subject to sexual exploitation
5.2.37 In all circumstances where those aged under 18 years are suspected of being subject to sexual exploitation they are deemed to be victims of such harm.
5.2.38 Whilst all concerns should be directed to the Referral and Assessment Service for consideration as to completing a request for a service form there are situations whereby the convening of a multi-agency meeting is appropriate. This is particularly pertinent when the information is vague, third party and/or the identity/identities of children involved is not clear.
5.2.39 In seeking to identify victim(s) the purpose is to put in place suitable interventions and protection at an early stage.
5.2.40 All agencies with concerns that a child/children are subject to sexual exploitation can request the convening of such a meeting. This will need to include an invite to all agencies currently involved with the child and others who are likely to be so if the concerns are substantiated.
5.2.41 It is expected that the agency seeking to convene the meeting will organise it, provide a suitable venue, have it chaired by a senior member of their staff and provide minutes from the meeting.
5.2.42 Whilst it is good practice to invite parents/carers to such meetings caution needs to be exercised in regards to preparing them for any distressing information that they may be party to within the meeting.
5.2.43 The matter of confidentiality is also one which needs to be addressed. It is important that, as far as possible there is no breaching any confidentiality issues (such as the names/details of other children also believed to be involved).
5.2.44 Where this is thought to be a significant factor and could impact on the effectiveness of the meeting it may be necessary to exclude parents/carers from a part or all of the meeting. In such circumstances the minutes should reflect the decision-making that led to this decision.
5.2.45 Where this has been decided there should be a decision as to what parents/carers can be informed of, and by whom, post meeting.
5.2.46 The purpose of the meeting will be to identify and action a plan as to;
a) What action needs to be taken immediately to protect the identified child/children and
b) What further investigations need to be concluded and by whom, when, etc.
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Looked after children
5.2.47 Looked After Children (LAC) will have a Care Plan that will continue to direct the work to be carried out. This plan is likely to be amended where the child or young person is known or suspected to be involved in prostitution.
5.2.48 There is no assumption that Child Protection Procedures should be invoked for looked after children, since the existing Care Plan can be used as the means of planning any intervention, including plans for protection. It is important that consideration is give to the LSCB Child Protection Procedures in deciding whether they should be applied. In essence this decision will focus upon:
5.2.48 Whether a person in parental/carer position is involved in the abuse and whether there would be anything that could be achieved by a Child Protection Plan that cannot be achieved by an effective Care Plan.
5.2.49 Where more than one child or young person is involved in prostitution activity and one may be controlling or influencing another’s involvement in the prostitution, reference should be made to Section 5 - Abuse by Children and Young People, to assist in deciding whether Child Protection procedures should be applied.
5.2.50 Staff should not make assumptions about the child or young person’s sexual identity or behaviour (such as suggesting the child or young person is ‘experimenting’ with their sexuality through sexual activities with different partners), which minimises considerations of the child or young person’s needs or which leads to an underestimation of the trauma involved.
5.2.51 Where children and young people are accommodated and maintained by agreement with a parent, the parent(s) must be informed of significant matters relevant to the child or young person’s care. Where the child or young person is subject to a Care Order the parent(s) should generally be informed of such significant matters.
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Fabricated illness or induced illness
5.3.1 Concerns may be raised when it is considered that the health or development of a child or young person is likely to be significantly impaired or further impaired by a parent or caregiver who has fabricated or induced illness. These concerns may arise when:
- reported symptoms and signs found on examination are not explained by any medical condition from which the child or young person may be suffering; or
- physical examination and results of medical investigations do not explain reported symptoms and signs; or
- there is an inexplicably poor response to prescribed medication and other treatment; or
- new symptoms are reported on resolution of previous ones; or
- reported symptoms and signs are not seen to begin in the absence of the caregiver; or
- over time the child or young person repeatedly presents with a range of symptoms; or
- the child or young person’s normal activities are being curtailed beyond that which might be expected for any medical disorder from which the child or young person is known to suffer.
5.3.2 There may be a number of explanations for these circumstances and each requires careful consideration and review.
5.3.3 There are three main ways of fabricating or inducing illness in a child or young person. These are not mutually exclusive:
- Fabrication of signs and symptoms. This may include fabrication of past medical history;
- Fabrication of signs and symptoms and falsification of hospital charts and records and specimens of bodily fluids. This may also include falsification of letters and documents
- Induction of illness by a variety of means.
5.3.4 In 2008 the Government published statutory guidance Safeguarding Children in Whom Illness is Fabricated or Induced. This replaces the 2002 edition. This guidance provides a national framework within which agencies and professionals at a local level - individually and jointly - draw up and agree their own more detailed ways of working together where illness may be being fabricated or induced in a child by a caregiver who has parenting responsibilities for him or her.
5.3.5 To support the use of this statutory guidance the Government published Incredibly Caring in 2009. This training resource (in the form of a DVD) has been designed to assist both practitioners and managers promote the best outcomes for children where fabricated or induced illness is suspected; work sensitively with parents and carers in the child’s best interests; and better exercise their professional judgement.
5.3.6 Where there are suspicions of fabricated or induced illness, all professionals should consult the above guidance.
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Investigating complex (organised or multiple) abuse
5.4.1 Complex (Organised or multiple) abuse may be defined as abuse involving one or more abuser and a number of related or non-related abused children and young people. The abusers concerned may be acting in concert to abuse children and young people, sometimes acting in isolation, or may be using an institutional framework or position of authority to recruit children and young people for abuse.
5.4.2 Complex abuse occurs both as part of a network of abuse across a family or community and within institutions such as residential homes or schools. Such abuse is profoundly traumatic for the children and young people who become involved. Its investigation is time-consuming and demanding work, requiring, specialist skills from both Police and social work staff. Some investigations become extremely complex because of the number of places and people involved and the time scale over which abuse is alleged to have occurred. The complexity is heightened where, as in historical cases, the alleged victims are either children or adults who are no longer living in the situations where the incidents occurred or where the alleged perpetrators are also no longer linked to the setting or employment role.
5.4.3 Although in recent years there has been much reporting about complex abuse in residential settings, complex abuse can occur in day care, in families and in other provisions such as youth services, sports clubs and voluntary groups. Cases of children and young people being abused via the internet is also a new form of abuse to which a response is required. Please see Section 5 - Child Abuse and ICT.
5.4.4 Each investigation of complex abuse will be different, according to the characteristics of each situation and the scale and complexity of the investigation. Each requires thorough planning, good inter-agency working and attention to the welfare needs of the children and young people involved.
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Designation of a major Investigation
5.4.5 The Detective Chief Superintendent of the Police and Deputy Director Vulnerable Children of the Local Authority’s Children and Family Services may designate an enquiry a “Major Enquiry” at any time, in consultation with the co-decision makers from both agencies.
5.4.6 They will also maintain an overview of the conduct of the investigation and any time there is disagreement between agencies, will arbitrate as necessary.
5.4.7 The Local Authorities Children and Family Services will appoint a co-ordinator for the enquiry, whose role will be to liaise between agencies, co-ordinate information and arrange and chair the strategy meetings.
5.4.8 If the major enquiry involves a number of school age children the Local Authority (LA) will appoint a senior officer to oversee the LA response and monitor its liaison with the other agencies involve.
5.4.9 The Police will appoint a senior investigating officer of appropriate rank and experience and should consider the use of major incident room standard administrative procedures and the Home Office large major enquiry system.
5.4.10 A team from Police and social work (either Children's Social Care or NSPCC or both) should be brought together to manage and conduct major investigations where a criminal investigation runs alongside child protection enquiries. Team members need expertise in conducting investigations, child protection procedures and children’s welfare and they should be committed to working closely together.
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Strategy meetings
5.4.11 As soon as an enquiry has been designated a “Major Enquiry” a strategy meeting will be convened by the Enquiry Co-ordinator. The membership of this group should include senior officers of the enquiring agencies, the enquiry team and any senior officer appointed by the LA. Where the enquiry focuses upon one establishment, for example a school or residential establishment, the Head Teacher or Manager of the establishment should normally be included in the strategy meeting(s).
5.4.12 The strategy meeting will be conducted as in Section 3. However, the following relevant areas for decision making will also be considered:
- Recognise and anticipate that an investigation may become more extensive than suggested by initial allegations;
- Consider what information will be shared; with whom it will be shared; who will share the information; and when information will be shared; Head Teachers, in particular, need to be clear what information can be shared with the governing body of their schools;
- Where the enquiry centres around one establishment, e.g. a school or residential establishment, consideration will be given as to how staff can be enabled to respond appropriately to children, young people and families during and after the enquiry;
- Make “contingency plans” e.g. if there is a possibility that the child or children will need immediate protection and/or provide interim services and support;
- Ensure that records are safely and securely stored;
- Provide care and support for the investigation team - much of the work may be difficult and distressing;
- Agree a communications strategy encompassing authority members, staff, children and families, the media and Social Care Region;
- How best to inform and liaise with parents.
5.4.13 This may be by means of a meeting, or if appropriate by means of a letter. For example, in the case of an enquiry centering around a school/educational establishment, with the agreement of the strategy meeting, a letter from the Head Teacher or governing body could be sent simultaneously to all parents whose children have had contact with the alleged offender. Any such letter should be factual, brief and to the point and take account of the confidential nature of the enquiry. The letter should also carry information, including a contact telephone number, to enable its recipients to seek further assistance, advice and reassurance.
5.4.14 The enquiry may benefit from the appointment of a parent liaison officer.
5.4.15 Where a Local Authority’s own staff (or foster carers) are being investigated, it is essential to ensure independence and objectivity on the part of the social work team. Where it is practicable, in the circumstances, to conduct a rigorous and impartial investigation using the authority’s own staff, it is essential to ensure sufficient distance (in structural and geographical terms) between such staff and those being investigated. This means that the inclusion of staff members or managers from the institution or workplace under investigation should be considered with particular care;
- Access to expert legal advice. The inter-relationship between criminal, civil and employment process is complex;
- Regular strategic planning meetings and reviews to consider the conduct of the investigation, next steps and the effectiveness of joint working;
- Put in place a means of identifying and acting on lessons learned from the investigation e.g. in respect of policies, procedures and working practices which may have contributed to the abuse occurring as the investigation proceeds and at its close; and
- At the close of the investigation, assess its handling and identify lessons for conducting similar investigations in the future.
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Timing of intervention
5.4.16 The first priority should always be the need to protect a child or young person, but the knowledge that in cases of complex abuse, the risk to a child or young person may escalate if the perpetrators escape detection, must be considered. This will mean that on occasions those professionals involved will need to weigh the risk of delaying enquiries and the implications this has for an individual child or young person, against the benefits of the collection of evidence against an abuser or group of abusers and the consequent benefit to a wider group of children and young people if the case is conclusive.
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Timing of therapy
5.4.17 There will be occasions when the child or young person’s need for immediate therapy overrides the need for the child or young person to appear as a witness in a criminal case. There should always be discussions with the Crown Prosecution Service and the legal advisor to Local Authority’s Children and Family Services about the particular needs of any individual child or young person. The welfare of the child or young person is of prime importance.
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Female genital mutilation
5.5.1 This guidance has been designed to aid practitioners in understanding the practice of Female Genital Mutilation (FGM) and how to respond to cases. FGM affects a group of young people who are particularly vulnerable, therefore any decisions or plans for these children or young people need to be based on good quality assessments and be sensitive to the issues of race, culture, gender, religion and sexuality, so far as not to stigmatise the child or the practising community.
5.5.2 FGM is a collective term for procedures which include the removal of part or all of the external female genitalia for cultural or other non-therapeutic reasons. The practice is medically unnecessary, extremely painful and has serious health consequences, both at the time when the mutilation is carried out and in later life. The procedure is typically performed on girls aged between four and thirteen, but in some cases FGM is performed on new born infants or on young women before marriage or pregnancy. A number of girls die as a direct result of the procedure from blood loss or infection, either following the procedure or subsequently in childbirth.
5.5.3 Historically FGM in varying degrees has appeared in all the continents of the world, albeit in many places the practice has died out. Currently, it is known to take place in western, eastern and north-eastern parts of Africa and some parts of the Middle East and South East Asia, with geographical factors being highly significant in relation to the practice. The reasons given for continued practice of FGM include:
- Family honour
- Custom and tradition
- Hygiene and cleanliness
- Preservation of virginity/chastity
- Social acceptance, especially for marriage
- Sense of belonging to a group and conversely the fear of social exclusion
5.5.4 It should be noted that the practice of FGM can be carried out within faith groups and non-faith groups alike. FGM can be viewed as one of the extreme forms of oppression of females seen across cultures - it is now considered by many as an act of extreme violence against women and female children.
5.5.5 Ninety-five per cent of FGM is performed on girls whose age ranges from birth to 16 years of age. These children and young people usually do not have the knowledge to understand the full implications of FGM and can exercise little informed choice.
5.5.6 FGM is much more common than most people realise, both worldwide and in the UK. It is reportedly practised in 28 African countries and in parts of the Middle and Far East but is increasingly found in Western Europe and other developed countries, primarily amongst immigrant and refugee communities. There are substantial populations from countries where FGM is endemic residing in London, Liverpool, Birmingham, Sheffield and Cardiff, but it is likely that communities in which FGM is practised reside throughout the UK. It is estimated that up to 24,000 girls under the age of 15 are at risk of FGM in the UK.
5.5.7 The 2001 Census identified that 0.11 per cent of North East Lincolnshire’s population were of Black/ Black British African origin. With this low percentage of ethnic groups within North East Lincolnshire, FGM has not thought to have been a problem locally. However as the ethnic mix grows with immigration it is essential that workers are aware of the issues surrounding FGM.
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Consequences of FGM
5.5.8 Many women appear to be unaware of the relationship between FGM and its health consequences; in particular the complications affecting sexual intercourse and childbirth which occur many years after the mutilation has taken place. It is important to note that, depending on the degree of mutilation, it may sometimes cause immediate fatal haemorrhaging.
5.5.9 Short-term health implications:
- Severe pain and shock, occasionally death
- Infections
- Urinary retention
- Injury to adjacent tissues
- Fracture or dislocation as a result of restraint
- Damage to other organs
5.5.10 Long-term health implications:
- Excessive damage to the reproductive system
- Uterine, vaginal and pelvic infections
- Infertility
- Cysts
- Complications in pregnancy and childbirth
- Psychological damage; including a number of mental health and psycho sexual problems, e.g. depression, anxiety, frigidity (BMA 2001)
- Sexual dysfunction
- Difficulties in menstruation
- Difficulties in passing urine
- Increased risk of HIV transmission
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Possible indicators of FGM
5.5.11 The age at which girls are subjected to Female Genital Mutilation varies greatly, from shortly after birth to any time up to adulthood. The average age is 10 to 12 years. Professionals need to be aware of the possibility of FGM. The following are some potential risk indicators that FGM may occur or has occurred (this is not an exhaustive list):
- Professionals become aware that a child or young person is suffering with a bladder or severe menstrual problems, which cause frequent and prolonged absences from school
- The family originates from a community/region that is know to practice FGM, e.g. Somalia, Sudan and other sub-Saharan countries
- A child or young person may spend long periods of time away from the class during the day with bladder or menstrual problems
- Older women in the family have been victims of FGM, this may increase the likelihood of female children and young people becoming victims
- A child or young person may talk about a long holiday to her country of origin and may confide to a trusted adult, such as a teacher, school nurse, learning mentor or adult helper that she is to have a ‘special procedure’ or to attend a special occasion
- Parents state that they or a relative are to take the child or young person out of the country for a prolonged period of time, in particular to an area where FGM is practiced
- Conversations with a child or young person may refer to FGM
- Prolonged absence from school with noticeable behaviour changes on the girl’s return could be an indication that a girl has undergone FGM
5.5.12 Taken in isolation some of these indicators alone do not necessarily suggest abuse has occurred, however a combination of indicators should raise levels of concern and prompt further investigation/enquiries.
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Principles
5.5.13 FGM is considered an abusive act towards the child or young person and as such all children have a right to protection, irrespective of race, colour, religion or culture. Addressing this issue is an integral part of child protection. All agencies should work in partnership with members of local communities, to empower individuals to develop support networks and education programmes. Staff who have responsibility for child protection work must be acquainted with any local preventative programmes which exist.
5.5.14 All attempts to intervene within cultures practicing FGM must be approached in a culturally-sensitive and non-punitive manner with appropriate and helpful personnel who can communicate effectively with the family concerned.
5.5.15 It will be necessary to work closely with community representatives who can help to bridge the gaps between the communities involved and Children's Social Care. It is possible to change attitudes towards FGM through supporting and re-educating families. If extreme strategies or policing of families is used, this is likely to alienate communities, and to drive the practice further underground.
5.5.16 The ultimate aim is to prevent and discourage the practice of FGM, by appropriate educational and preventative approaches.
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Procedure for safeguarding children from FGM - Initial referral and strategy meeting
5.5.17 Any individual or agency who receives information, or has reason to believe that a child or young person is at risk of undergoing any form of FGM, should refer the case to the Referral and Assessment (RAS) Team within Children's Social Care. In all cases, professionals should not discuss the referral with the patents/carers until a multi-agency action plan has been agreed.
5.5.18 The Procedure laid out in Section 3 “Management of Individual Cases” should be followed.
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Special circumstances
Children in immediate danger
5.5.19 Where the child or young person appears to be in immediate danger of mutilation and parents cannot satisfactorily guarantee that they will not proceed with it, the Police and the RAS Team within Children's Social Care should be contacted. When the immediate danger to the child or young person has been addressed, a Strategy Meeting should be convened in accordance with the process outlined previously.
5.5.20 If any child or young person is found to require medical attention following FGM, this must be sought with appropriately qualified medical staff. If parental consent is not given, consultation with Legal Services will be necessary.
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Historical FGM
5.5.21 Where a woman has already undergone FGM and this comes to the attention of any professional, consideration needs to be given to child protection implications, i.e. for younger siblings, daughters, extended family members and a referral should be made to the RAS Team. The referral must be discussed with a Team Leader within that team.
5.5.22 Where the woman is the mother of a female child or has the care of female children, this procedure should be initiated.
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The legal framework
5.5.23 The prohibition of Female Circumcision Act 1985 makes FGM a criminal offence in the UK. This Act was replaced by the Female Genital Mutilation Act 2003 which was brought into force on 3 March 2004. The Act strengthens and amends the 1985 legislation. It makes it an offence for UK nationals or permanent UK residents to take girls abroad for FGM, or to aid, abet, counsel or procure the carrying out of FGM abroad, even in countries where the practice is legal. The 2003 Act also increases the maximum penalty for committing or aiding the offence to 14 years imprisonment.
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Civil law
5.5.24 Section 47(6) of the Children Act 1989 imposes a duty on Local Authorities to investigate a child or young person's circumstances who they have reasonable cause to suspect is suffering or is likely to suffer significant harm. The enquiries have to be sufficient to enable the Authority to decide whether it should take any action to safeguard or promote the child's welfare, i.e. to protect the child or young person.
5.5.25 Therefore, the Authority having decided the FGM of whatever degree, on the face of it, constitutes significant harm within the meaning of the Children Act 1989, upon being made aware that a child or young person has suffered from, or is likely to suffer from this practice, must decide what action is ought to take to protect the child or young person. The investigation of this matter should be done jointly with the Police and considered within a multi-disciplinary context.
5.5.26 It is important to note that FGM differs from other forms of child abuse in two important ways:
- Despite the severe consequences, parents and others who have done this to their daughters genuinely believe it is in the girl’s best interest to conform with their prevailing custom - they do not intend it as an act of abuse. So, where a child has been identified as a risk of significant harm, it may not be appropriate to consider removing the child from an otherwise loving family environment. If a child has already undergone FGM, particular attention should be paid to the potential risk of harm to other female children in the same family;
- There is no element of repetition - it is a one-off act of abuse.
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Powers available to the Local Authority to prevent removal of a child from the country
5.5.27 The Local Authority can apply to the Court for leave to apply for a Prohibited Steps Order to prevent parents from removing a child or young person from the UK believing that mutilation can be carried out while the child or young person is abroad. Given the nature of the matters under consideration the most appropriate forum for such an application is to be made to the High Court.
5.5.28 Under Court rules the Local Authority would usually have to give a child's parent 21 days notice of an application to the Court for a Prohibited Steps Order. However, given the obvious need for speed in such circumstances the Authority can apply to Court for the Notice period to be abridged and come before the Court in a much shorter period of time for an Emergency Interim Prohibited Steps Order to be considered by the Court. A full Prohibited Steps Order could last until the child or young person is 16 years old or 18 in exceptional circumstances.
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Emergency protection order
5.5.29 Section 44 of the Children Act 1989 enables the Local Authority to apply to the Court for an Emergency Protection Order. If circumstances are so acute as to require an Order immediately and an application for an ex-parte Emergency Protection Order is made and is successful, the Authority would then consider issuing proceedings for a Prohibited Steps Order and requesting the matter, among other matters, be transferred immediately to the High Court.
5.5.30 As Section 8 proceedings under the Children Act are not 'specified proceedings' within the meaning of the 1989 Act, the Court would not ordinarily appoint a Children’s Guardian. However, in these circumstances the Court would normally appoint the Official Solicitor as the Children’s Guardian.
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Inherent jurisdiction of the High Court
5.5.31 In exceptional circumstances and where no other legal routes are possible, the Local Authority could liaise with the Official Solicitor and seek an order to protect the child or young person using the inherent jurisdiction of the High Court. It would be the responsibility of Legal Services to advise as to the appropriate forum for legal intervention.
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Criminal injuries compensation
5.5.32 Claims for criminal injuries compensation should be considered in all cases of FGM. This procedure can be adopted by the Local Authority for children and young people in their care, and assistance can be offered to those outside the care system or who have reached the age of 18, should they request it through Children's Social Care. Any application for a child or young person in care should be made in consultation with Legal Services. In other circumstances, the child or young person should be encouraged to seek their own independent advisor.
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Forced marriage
5.6.1 Forced marriage is a marriage conducted without the full consent of both parties and where duress is a factor. Duress can be both physical and emotional.
5.6.2 In 2004 the Government's definition of domestic violence was extended to include acts perpetrated by extended family members as well as intimate partners. Consequently, acts such as forced marriage and other so-called 'honour crimes' which can include abduction and homicide, can now come under the definition of domestic violence.
5.6.3 Many of these acts are committed against children and young people. The Government's Forced Marriage Unit produced guidelines in conjunction with Children and Family Services and the Department for Education and Skills on how to identify and support young people threatened by forced marriage. Guidance is available on the FCO Website and the Liv Website.
5.6.4 If there are concerns that a child or young person (male or female) is in danger of a forced marriage local agencies and professionals should contact the Forced Marriage Unit where experienced case workers will be able to offer support and guidance. Visit the FCO website or contact them via telephone on 020 7008 0230. The Police and Children's Social Care should also be contacted and guidance acted upon in accordance with section 3 “Managing Individual Cases”. All those involved will want to bear in mind that mediation as a response to forced marriage can be extremely dangerous. Refusal to go through with a forced marriage has, in the past, been linked to so-called 'honour crimes'.
5.6.5 Arranged marriages are those in which the families of both spouses take a leading role in arranging the marriage but the choice of whether or not to accept the arrangement remains with the young people. The tradition of arranged marriages has operated successfully within many communities and countries for a very long time. Therefore a clear distinction must be made between a forced and arranged marriage.
5.6.6 Parents may sometimes justify forced marriages as preserving cultural or religious tradition. Although arranged marriages cannot be justified on either cultural or religious grounds and all major faiths condemn them.
5.6.7 The Marriage Act 1949 and the Matrimonial Causes Act 1973 govern the law on marriage in England and Wales. The minimum age at which a person is able to give consent is 16. A person between the ages of 16 and 18 may not marry without parental consent (unless the young person is a widow(er)). Section 12c of the Matrimonial Causes Act states that a marriage shall be voidable if ‘either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise’. Voidable means the marriage is valid until it is challenged by one of the parties, at which time the court can award a decree of nullity invalidating the marriage.
5.6.8 Although there is no specific criminal offence of ‘forcing someone to marry’ within England and Wales, criminal offences may nevertheless be committed. Perpetrators – usually parents or family members – could be prosecuted for offences including threatening behaviour, assault, kidnap, abduction, imprisonment and murder. Sexual intercourse without consent is rape.
5.6.9 The Crown Prosecution Services (CPS) defines domestic violence as ‘any criminal offence arising out of physical, sexual, psychological, emotional or financial abuse by one person against a current or former partner in a close relationship, or against a current or former family member’.
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Allegations of abuse made against people who work with children
Introduction
5.7.1 Children and young people can be the subject of abuse by those who work with them in any setting. This may be by a professional, a staff member, a foster carer or a volunteer. All allegations must be taken seriously and treated in accordance with Local Safeguarding Children Board (LSCB) Procedures.
5.7.2 These Procedures apply to and should be used by all organisations in North East Lincolnshire that either provide services for children and young people or provide staff or volunteers to work with or care for children and vulnerable young people. The Procedures also apply if an allegation of abuse is made against a person in relation to his or her work with adult service users, which cause concern about the welfare of adult service users' children.
5.7.3 For convenience the term ‘employer’ is used throughout this guidance to refer to organisations that have a working relationship with the individual against whom the allegation is made. The term includes organisations that use the services of volunteers, or people who are self employed, as well as service providers, voluntary organisations, employment agencies or businesses, contractors, fostering services, regulatory bodies such as Ofsted in the case of child minders, and others that may not have a direct relationship with the individual but will need to consider whether to continue to use the persons services or to provide the person for work with children and young people in the future, or to de-register the individual.
5.7.4 In some circumstances the term ‘employer’ for these purposes will encompass more than one organisation. For example where staff providing services for children and young people in an organisation are employed by a contractor, or where temporary staff are employed by an agency. In those circumstances both the contractor or agency, and the organisation in which the accused individual worked will need to be involved in dealing with the allegation.
5.7.5 All organisations providing services, staff or volunteers to work with or care for children and young people from 0 to 18 years old, should operate within this framework and should also ensure procedures are in place for managing allegations within their organisation.
5.7.6 The summary procedure for Allegations Against People Who Work with Children may be found later in this section.
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Scope of guidance
5.7.7 The Procedures are based on the framework for dealing with allegations made against a person who works with children and young people detailed in Chapter 6 and Appendix 5 of Working Together to Safeguard Children 2010. This guidance should be applied to any case that indicates a person who works with children and young people has:
- Behaved in a way that has harmed a child or young person, or may have harmed a child or young person.
- Possibly committed a criminal offence against or related to a child or young person.
Or
- Behaved towards a child or children in a way that indicates he or she is unsuitable to work with children and young people, in connection with the person's employment or voluntary activity.
5.7.8 Every case should be individually evaluated; however dependent upon the situation, employers' procedures and Police procedures will be adhered to in accordance with the LSCB Allegations Procedures where appropriate. This includes expectations around professional codes of conduct and terms and conditions of employment, where there are issues or discrepancies within these Procedures.
5.7.9 This guidance also applies to cases where investigations are carried out into either a professional’s, an employee’s, a foster carer's or a volunteer’s conduct, where:
- It is discovered that a person who is or has been working with children and young people is known to have been previously involved in child abuse.
- Behaviour towards his or her own children or family members raises concerns.
- Involvement with potentially criminal or illegal activities that have implications for children is identified.
- An allegation of abuse is made against a partner, member of the family or other household member, which gives rise to concerns about the safety of children and young people with whom a person has contact in connection with his/her work or voluntary activity.
- Conduct within or outside the workplace that gives rise to concerns about safeguarding children.
5.7.10 In such cases where the Police and/or Children's Social Care become aware of a concern first, they must consider informing the person’s employer in order to assess the implications for children and young people (or vulnerable adults with whom the person has contact), and to protect the employer/employee contract of employment relationship.
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Special cases
Foster carers
5.7.11 Foster carers and their families are subject to investigation on the same basis as anyone else if it is alleged that they may have abused children and young people. Yet, in other respects, they are in a unique position. The regulatory framework requires the careful scrutiny of foster carers from application through to arrangements for reviewing and terminating their approval to foster. As a result, much of their family life is lived in the public arena, open to social workers from Children’s Social Care and the fostering service provider, as well as the families of looked after children and other members of the community.
5.7.12 They provide care for looked after children 24 hours a day, seven days a week in their own homes, but the vast majority of carers do not have an employment relationship with their fostering service provider. Although children and young people may be abused in foster families, most allegations have little or no foundation when they are closely investigated. Well established placements may be disrupted with serious consequences for the children and young people concerned. Foster carers and their families are subject to enormous stress during enquiries into an allegation, and are often isolated. Family relationships and almost every other aspect of life are severely affected.
5.7.13 Guidelines on dealing with allegations against foster carers may be found in 5.7.76.
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School’s and college Staff (Teaching & non-teaching, including volunteers)
5.7.14 All school and college staff in their daily contact with children and young people are vulnerable to accusations of abuse from both pupils and parents/carers. Allegations may be well founded: however, they may also be false, malicious or misplaced. For an innocent person to be subject to an investigation, particularly if it takes time to resolve, can be a devastating experience for them and their family. Responses, nonetheless, should reflect that the welfare of the child or young person is paramount and that all allegations must be dealt with seriously.
5.7.15 Guidelines and Processes for dealing with allegations against staff in schools and colleges may be found in 5.7.88.
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Roles and responsibilities
5.7.16 North East Lincolnshire Local Safeguarding Children Board is responsible for:
- Ensuring that effective inter-agency procedures are in place.
- Monitoring and evaluating the effectiveness of those procedures.
5.7.17 Member Organisations of North East Lincolnshire Children Board:
Each LSCB member organisation must identify a named senior officer/s responsible for:
- Ensuring that its organisation operates procedures in accordance with LSCB procedures and Working Together to Safeguard Children 2010.
- Resolving any associated inter-agency issues.
- Liaising with the LSCB and relevant appointed officers on the subject of allegations against professionals.
5.7.18 The Local Authority will designate an officer (Local Authority Designated Officer (LADO)) who, in all but the most serious cases requiring immediate or urgent action, will be the first point of contact for referrals concerning allegations. The LADO will undertake initial considerations with the employer and will be responsible in all cases for:
- Liaising with the senior person/designated officers and employers when reports are received concerning allegations.
- Being involved in the co-ordination, management and oversight of individual cases.
- Provide advice and guidance to employers and voluntary organisations.
- Liaising with the Police and other agencies.
- Monitoring the progress of cases, ensuring they are dealt with as quickly as possible and are consistent with a fair and thorough process.
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Police forces
5.7.19 Police Forces should identify a senior officer who will be responsible for:
- Strategic oversight of the arrangements.
- Liaison with the LSCBs in the force area.
- Ensuring compliance with procedures.
5.7.20 Police forces should also designate officers with the responsibility for:
- Liaising with the LADO.
- Taking part in strategy discussions.
- Reviewing the progress of cases in which there are Police investigations.
- Sharing information on completion of the investigation or any prosecution.
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All organisations
5.7.21 ALL organisations, professionals and voluntary groups that work with, and provide services and/or staff to work with children and families need to have a designated officer to whom allegations or concerns should be reported in the first instance. A deputy should also be appointed to act in the absence of the designated officer or if the designated officer is the subject of the allegation. This designated officer will liaise with the LADO in the first instance.
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Procedure - Recognising and responding to an allegation made about an employee
5.7.22 The person to whom an allegation or concern is reported should:
- Treat the matter seriously.
- Avoid asking leading questions and keep an open mind.
- Communicate with the child or young person (if the complainant) in a way that is appropriate to the child’s age, understanding and preferred language or communication style.
- Make a written record of the information (where possible in the child or young person’s own words) including (ideally on an Allegations Form 1 - Staff Reporting Form):
- When the alleged incident took place.
- Who was present.
- What was said to have happened.
- Sign and date the written record.
- Report the matter immediately to the designated senior manager, or deputy in his/her absence or where the senior manager is the subject of the allegation.
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Initial action by the designated officer
5.7.23 The designated officer should not investigate the matter by interviewing the accused person, the child or young person or potential witness(s), and should:
- Obtain written details of the allegation, signed and dated by the person receiving the complaint, or allegation (not the child or person making the allegation).
- Countersign and date the written details.
- Record any other information about times, dates, locations of incident(s) and names of potential witnesses.
- Record discussions about the child and/or member of staff, any decisions made, and the reason for those decisions.
- Gain statements from the witness(s).
5.7.24 If the allegation meets any of the criteria the designated officer should report it to the LADO within one working day.
5.7.25 Contacting the LADO should not be delayed in order to gather information. Overall all compliance with the Procedures will be monitored and evaluated by the LSCB. Instances of non compliance will be identified and followed up.
5.7.26 If a concern or an allegation requiring immediate attention is received outside normal office hours the designated officer should consult straight away with the Referral and Assessment Service (or Emergency Duty Team after 8pm) or local Police and ensure the LADO is informed the next working day.
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Referral process
5.7.27 On becoming aware of an allegation against a member of staff or volunteer, a referral should be made to the LADO within one working day (using an Allegations Form 1). Where the LADO is informed of an allegation he/she should first establish with the employer whether or not it fits the criteria set out in Paragraph 5.7.7 above.
5.7.28 The LADO will consult with the police designated officer about any allegation that indicates a criminal offence against a child or young person. Similarly, where there is cause to suspect significant harm, the LADO must refer the matter to the Police or Children's Social Care at the earliest opportunity.
5.7.29 Other than in exceptional cases the LADO will first liaise with the person accused of the allegations’ employer to decide what actions are appropriate. Following these initial considerations the LADO may consider jointly with the Police or Children’s Social Care whether or not it is appropriate to convene a Section 47 Strategy Discussion and/or an Allegations Management Meeting (Allegations Form 3) at this point.
5.7.30 Where a Strategy discussion is not appropriate, the LADO nonetheless will consider with the Police, the employer and other relevant agencies how the matter should be dealt with.
5.7.31 Where an employer or another source refers an allegation directly to the Police or Children’s Social Care and the referral fits the criteria set out in Paragraph 5.7.7, the LADO will be informed within one working day. Following initial considerations with the employer, the LADO will consult with the Police/Children’s Services accordingly about informing the person subject to the allegation and involving the employer in the Strategy discussions or meetings.
5.7.32 In those cases where an allegation is made that does not appear to warrant Police Investigation or enquiries by Children’s Social Care, the LADO must still be notified without delay and in any event within one working day. The LADO will liaise with the employer as appropriate and where appropriate consult Police and Children’s Social Care colleagues.
5.7.33 In the case where the allegation appears to be demonstrably false the LADO must still be informed of the allegation. The LADO must also be informed of and involved in the case where professional misconduct is indicated but does not imply significant harm or an offence against a child or young person.
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The LADO role
5.7.34 Current guidance requires that all allegations against people that work with children and young people must be reported to the LADO. Even those allegations that on the face of it may appear relatively insignificant must, none the less be followed up and examined by someone relatively independent of the organisation. The LADO fulfils this independent role and on receipt of any such allegation, is responsible for liaising with the relevant professionals and the coordination and monitoring of subsequent actions.
5.7.35 The LADO must be informed of all allegations meeting the criteria including serious allegations that may have required a referral directly to the Police/Children’s Social Care. Employers should inform the LADO as soon as possible of all allegations meeting the criteria set out in the scope of this guidance, and of those cases that have been referred directly to the Police and Children’s Services.
5.7.38 Allegations meeting the criteria should be reported to the organisations designated officer or deputy immediately. The designated officer or deputy should report the matter to the LADO within one working day.
5.7.39 The LADO will advise the reporting officer/employer on next steps to be taken and decide whether or not the matter should be referred to Police or Children’s Social Care.
5.7.40 Allegations made directly to Police or Children’s Social Care may become or may already be subject to joint consultation. Such allegations should nevertheless be brought to the attention of the relevant designated officer who will without delay be responsible for liaison with the LADO. This liaison should take place within one working day of receiving the allegation.
5.7.41 On receipt of the all reported allegations the LADO will co-ordinate further action and will consult with the employer or governing body of the person subject to the allegation to establish whether or not the matters fall into the scope of this framework and advise on initial actions.
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Initial considerations to be undertaken by the LADO
5.7.42 The LADO will be responsible for ensuring that initial considerations of an allegation address any immediate precautionary measures necessary and then consider the following three areas:
- A Police investigation of a possible criminal offence.
- Assessment of whether a child or young person needs protection or services and
- Discussion with the employer of consideration of potential disciplinary Action in respect of the individual.
5.7.43 The LADO and employer will consider whether further details are needed and if there is evidence or information that establishes the allegation to be false or unfounded. The LADO should also consider potential media implications that there may be and whether or not there are any immediate welfare needs of the person subject to the allegation to be addressed.
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Initial discussions
5.7.44 Initial discussions (to be recorded on an (Allegations Form 2) should consider:
- Need for an investigation.
- Review of information and steps taken.
- Required plan of action.
5.7.45 If the person subject to the allegation is charged or convicted the Police should inform the employer straight away so that the appropriate action can be taken.
5.7.46 If the complaint or allegation is such that it is clear that investigations by the police and/or enquiries by Children’s Social Care are not necessary, or the Strategy discussion or initial discussion decides that this is the case, the next steps should be discussed between the employer and the LADO, and the employer’s Procedures should be followed.
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False or unfounded allegations
5.7.47 If the allegation is deemed to be unfounded - the matter should nevertheless be:
- Referred to Children’s Services to assess whether the child is in need of services or may have been abused by another person.
- Referred to Police if the allegation appears to have been deliberately invented or malicious.
5.7.48 This links to Section 3 Paragraph 3.5.1 Consent/Agreement Seeking.
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Allegations are founded and significant harm is indicated
5.7.49 Where allegations are against professional staff, the enquiry should be undertaken by an independent person within the organisation. Where impartiality is not possible, arrangements should be in place with other suitable organisations.
5.7.50 Where allegations appear to be founded and there is cause to suspect a crime and/or significant harm, the LADO will ensure the matter is reported to the Police and will immediately refer to Children’s Services and arrange for a Strategy Meeting to be convened (‘Working Together’, Appendix 5, Para 35/36)11.3. Strategy Meeting participants should be sufficiently senior to contribute information and make decisions on behalf of their agencies. Strategy Meetings will normally be chaired by the LADO or principle practitioner and should normally include Children’s Social Care, Police, the referring agency, other relevant bodies and Ofsted as appropriate, and a representative of the person subject to the allegation’s employer unless there are valid reasons not to do so.
5.7.51 A Section 47 Strategy Meeting should consider and record details of:
- The key parties being considered/subjects of the meeting, including welfare issues.
- The allegations and concerns- and status of enquiries.
- Risk assessments - including any other children or young people concerned and risks to the agency.
- Decisions and recommendations about future action.
- Child protection, criminal, personnel, media and publicity issues.
- Those responsible and/or accountable for undertaking actions.
- The status of investigations.
- Consideration of disciplinary action and consequence on police investigation.
- A timetable to review and monitor outcomes.
5.7.52 If the person subject to the allegation is charged or convicted, the Police should inform the employer straight away so that appropriate action can be taken by the employer within the workplace.
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A criminal offence is indicated but not significant harm
5.7.53 Police must be consulted by the LADO in all cases in which a criminal offence may have been committed. If there is no cause to suspect significant harm but a criminal offence might have been committed, the LADO should immediately inform the Police and hold a discussion to decide whether or not a police investigation is needed. In such cases the LADO will usually liaise with the employer and establish whether or not matters should be subject to disciplinary processes alongside criminal enquiries.
5.7.54 If the person subject to the allegation is charged or convicted, the Police should inform the employer straight away so that appropriate action can be taken by the employer within the workplace.
5.7.55 “Whenever Local Authority Children's Social Care have a case referred to them which constitutes or appears to constitute, a criminal offence against a child, they should always discuss the case with the Police at the earliest opportunity” [Local Safeguarding Children Board Guidelines and Procedures Section 3.5.4: responding to child welfare concerns where there is or may be an alleged crime]. In all cases however, the matter must be referred to the LADO and the decision on whether or not to refer to Children’s Social Care or the Police will be taken by the LADO. Decisions in this area need to made by or with the advice of people with competence in child protection work such as a named designated officer.
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No criminal investigations or children’s services involvement required
5.7.56 Where no investigations are to be pursued by the Police or Children's Social Care, the LADO and the employer should explore the next steps and consider options ranging from no further action to summary dismissal.
5.7.57 Disciplinary hearings should normally be held within 15 working days and the investigating officer should aim to provide a report within 10 working days. On receipt, the employer should decide within 2 working days if a disciplinary hearing is needed. Hearings should take place in accordance with these timescales and with the disciplinary process of the employer.
5.7.58 It is in everybody’s interest to resolve cases as quickly as possible. Every effort should be made to manage cases to avoid unnecessary delay. The timescales given are not performance indicators, the time taken to investigate and resolve individual cases depends on a variety of factors, including the nature, seriousness and complexity of the allegations, but they provide useful targets to aim for and are achievable in many cases.
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Historical abuse
5.7.59 Allegations of historical abuse should be dealt with in the same way as contemporary concerns. In such cases it is essential to establish whether the subject still has contact with children and young people, and if so to consider informing his or her employer or voluntary organisation.
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Organised/complex/multiple abuse
5.7.60 Allegations in respect of organized, complex or multiple abuse involving one or more abuser and a number of related or non-related children should be reported to the designated officer without delay and the Police/Children's Social Care (Section 5 of these Guidelines and Procedures).
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Support for those involved in allegations against staff
5.7.61 Children and their families/carers involved in allegations should be supported and helped to understand the process and kept informed of the results of inquiries, disciplinary processes and outcomes. The support arrangements will be determined during the discussions.
5.7.62 The person who is subject of an allegation should be:
- Treated fairly and honestly and helped to understand the concerns expressed and processes involved.
- Kept informed of the progress of the case and outcome of any investigation, and the implications of any disciplinary or related processes.
- Provided with appropriate support during the case (via occupational health or employee welfare arrangements where those exist).
- Be kept informed about developments in the workplace if suspended.
- Advised at the outset to contact his/her union or professional association.
- Adhere to procedural advice given by those conducting the inquiry.
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Confidentiality
5.7.63 Confidentiality must be maintained whilst an allegation is being investigated or considered. Information should be restricted to those who have a need to know in order to protect children and young people, facilitate enquiries, and manage related disciplinary and/or suitability processes or protect any rights of the alleged perpetrator. This applies in all cases other than in exceptional circumstances, for example where the Police may have an appeal where a suspect needs to be traced.
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Suspension
5.7.64 The power to suspend an employer is vested in the employer alone. Suspension can be recommended but cannot be required by the Local Authority, Police, LADO, or Children's Social Care. Suspension is a neutral act and it should not be automatic. A decision to suspend may be made at any time during the process. This would be applicable in any case where:
- There is cause to suspect a child or young person is at risk of significant harm, or
- The allegation warrants investigation by the Police, or
- The allegation is so serious that it might be grounds for dismissal.
5.7.65 If a Strategy Meeting or Initial Discussion and planning meeting is to be held, or if Children’s Social Care or the Police are to make enquiries, the LADO should ascertain their assessment of the risks the person subject to the allegation may pose. The LADO should also ascertain the views of Children's Social Care and the Police regarding the necessity or appropriateness of informing the employer or the need to suspend the person subject to the allegation.
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Time-scales for completing investigations
5.7.66 In addition to safeguarding, the LSCB has a duty to ensure the quality of performance within these procedures. Investigations should be resolved as quickly as possible whilst being fair and thorough. The time taken to investigate and resolve individual cases will depend on the nature, seriousness, and complexity of the allegation but the figures below provide useful indicators to aim for that are achievable in many cases.
The Working Together document advises that:
- 80% of cases should be resolved within 1 month.
- 90% within 3 months (unless there are criminal prosecutions).
- All but the most exceptional cases should be resolved within 12 months.
5.7.67 The LADO will have a role in assuring quality and minimizing undue delay by ensuring:
- The relevant agencies engage effectively in progressing inquiries.
- That strategies and plans are reviewed as required.
- That obstacles to the process are identified and resolved.
- That processes are compliant with guidance, procedures and legislation.
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Resignations and compromise agreements
5.7.68 Where a person tenders his/her resignation, or ceases to provide their services, the allegation must still be followed up in accordance with these procedures. Similarly, if a person's period of notice expires before the process is complete it is important to reach and record a conclusion wherever possible.
5.7.69 A 'compromise agreement' - i.e. where an employee agrees to resign provided no disciplinary action is taken and where the wording of future references is agreed between employer and employee, must not be used in these cases.
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Record keeping
5.7.70 Employers, Police and Children's Social Care should keep a clear concise summary of the allegations and how they were followed up and resolved on the individual's confidential personnel file. Records should be kept until the person reaches retirement age or for 10 years if that is longer.
The purpose of this is to:
- Provide accurate information for any future reference.
- Provide clarification if future CRB disclosure reveals an allegation that did not result in a prosecution or a conviction.
- Prevent unnecessary re-investigation if the allegation should resurface at a later date.
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Monitoring progress
5.7.71 The LADO should provide advice, guidance and support as required to employers ensuring inquiries are dealt with as soon as possible by:
- Monitoring the progress and co-coordinating appropriate review arrangements and liaising with the Police, Children's Social Care and Crown Prosecution Service and other agencies as needed.
- Making arrangements to ensure effective information sharing between parties.
- Clarifying roles, responsibilities and accountabilities within the process.
- Maintaining an information database in relation to all allegations, the records will also assist the LSCB to monitor and evaluate the effectiveness of the procedures for managing allegations.
5.7.72 The Police should set dates to review the progress of the case and to consult with the Crown Prosecution Service about charging the individual, continuing to investigate the case or closing the investigations.
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Referral to a regulatory body/ referral to the independent safeguarding authority
5.7.73 Where allegations are substantiated and on the conclusion of the case the employer dismisses the person, or the person ceases to provide services, the employer should consult the Local Authority Designated Officer about whether a referral to the Independent safeguarding Authority and or to a professional or regulatory body is required.
5.7.74 The LADO should also advise the employer on making referrals to professional bodies or regulators, for example the General Social Care Council or the General Medical Council. If a referral is appropriate the report and referral should be made within one month.
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Learning lessons
5.7.75 Where allegations are substantiated, the relevant managers should always consider any lessons to be learned and acted upon. If elements of the inquiry indicate that organisational features have contributed to the abuse, a Serious Case Review may be appropriate as per Chapter 8 of ‘Working Together to Safeguard Children’ Department of Health 2006. In all cases where it is felt that lessons can be learned, these lessons should be translated into actions and notified to the LSCB, where actions planned indicate either changes to Procedures or implications for agency practice.
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Guidance on allegations against foster carers
5.7.76 Foster carers and their families are subject to investigation on the same basis as anyone else if it is alleged that they may have abused children or young people. Yet, in other respects, they are in a unique position. The regulatory framework requires the careful scrutiny of foster carers from application through to arrangements for reviewing and terminating their approval to foster. As a result, much of their family life is lived in the public arena, open to social workers from Children's Social Care and the fostering service provider, as well as the families of looked after children and other members of the community.
5.7.77 They provide care for looked after children 24 hours a day, seven days a week in their own homes, but the vast majority of carers do not have an employment relationship with their fostering service provider. Although children and young people may be abused in foster families, most allegations have little or no foundation when they are closely investigated. Well established placements may be disrupted with serious consequences for the children and young people concerned. Foster carers and their families are subject to enormous stress during enquiries into an allegation, and are often isolated. Family relationships and almost every other aspect of life are severely affected.
5.7.78 Within the Working Together Framework there may be up to 3 strands in the consideration of an allegation against a foster carer (see Paragraph 5.7.7 above). Depending on the circumstances, it may be necessary for these strands to operate in parallel. For example a fostering service may decide to suspend a foster carer from receiving further placements while a police investigation and/or enquiry by children’s services is taking place and pending a review of the foster carers approval. Where there is an allegation the fostering services procedure must be operated concerning a review of a foster carers suitability to foster and the decision making processes of the fostering services panel and decision maker according to the fostering regulations 2002.
5.7.79 Working Together 2010 requires that when a parent, professional or other person contacts children’s services about any child or young person’s welfare, it is the responsibility of children’s services to clarify:
- The nature of the concerns.
- How and why they have arisen?
And
- What appear to be the needs of the child or young person and the family?
5.7.80 In order to achieve this in relation to concerns about fostered children and young people, an immediate discussion between the Local Authority Designated Officer (LADO) and the manager of the fostering service will enable them to exchange information about the nature of the concerns; how and why they have arisen; information about the foster placement and what immediate actions need to be taken.
5.7.81 The LADO is required by Working Together to consult with the police. Children’s Social Care will decide about the need for further investigation under safeguarding children procedures. Following consultation with the police and Children’s Services, the LADO may notify the fostering service manager that the allegation is a matter to be determined by the fostering service provider’s procedures.
5.7.82 The LADO, in liaison with the police, Children’s Social Care and the fostering service, should decide together when foster carers should be told about the allegation if they are not otherwise aware of it, bearing in mind that foster carers should normally be told about the allegation at the earliest opportunity.
5.7.83 Depending on the nature of the allegation, Children’s Social Care may initiate strategy discussions along with the police to determine whether a section 47 or concurrent police investigation is necessary. In addition to the manager of the fostering service (or someone they delegate), the following should also be invited to the strategy discussion.
- Ofsted.
- The employer’s HR representative should be invited if the foster carer is an employee of the fostering service provider.
- Any independent agency commissioned to undertake the investigation.
5.7.84 The discussion will need to consider the following issues:
- Significant information about the child or young person concerned, including previous placements, and information about any previous allegations or complaints made by the child or young person.
- Significant information about the foster carers, including the terms of their approval their record as carers and any past allegations/serious concerns relating to them or members of their families.
- Whether anything needs to be done immediately to safeguard the welfare of any other children and young people in the foster carer’s household.
- Whether anything needs to be done to safeguard the welfare of other children and young people that the foster carer or relevant member of their family has contact with e.g. as child minders, youth workers etc.
- What action, if any, needs to take place in relation to other children previously placed in the foster home.
- Decisions about information to be given to key people e.g. foster carers, adult members of the foster family, parents/people with parental responsibility, other local authorities who have children in placement/may have had children in placement, out-of-hours services.
- What information is to be given to fostered children and by whom, what support/counselling will be provided for them, and what will be recorded.
- Decisions by the fostering service provider regarding any temporary changes concerning the foster carer’s terms of approval, pending the completion of the investigation.
- Arrangements that could be made if someone were to move out of the foster home in order to safeguard a placement.
- The time-scale for interviewing key adults and children.
- Clarification of the role of the supervising worker and the fostering service’s ongoing support to the foster carer and their family.
- Whether the appointment of an advocate for each child or young person in the family, including the children of foster carers is necessary or not.
- The management of any media implications.
5.7.85 The foster carer’s supervising social worker, or the manager of the fostering service provider, should normally be responsible for communication with the foster carer/adult member of the carer’s family about the decisions of the strategy discussion (unless there are restrictions imposed by the police). Whoever is delegated by the strategy discussion to communicate with the foster carer, they should ensure that foster carers:
- Are given a copy of the local authority’s safeguarding children procedure.
- Have access to legal advice and representation.
- Understand the process of the enquiry and why it is taking place.
- Know when, where and by whom interviews will be conducted.
- Are assisted in communicating with the investigating agencies.
- Are informed verbally, and in writing on a regular basis of the progress of the investigation.
- Are informed of the independent support that can be provided.
- Are informed about the financial arrangements the fostering service provider will make in relation to allowances/fees if fostered children are removed or the carer is temporarily suspended from taking further placements.
5.7.86 They must also ensure that foster carers:
- Know the reasons for the removal of children and young people, if applicable.
- Understand the current status of their approval to foster.
- Are informed verbally, and in writing on a regular basis of the progress of the investigation.
5.7.87 Foster carers must have access to immediate information and advice from an independent source if there is an allegation against them, or the fostering service has informed them that they have a serious concern about their practice or standards of care.
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Guidance on allegations against school’s and college staff (Teaching and non-teaching including volunteers)
5.7.88 It is clearly in the interest of all concerned that the investigation is thorough, objective and prompt. The process should be one that is consistently administered. Time-scales are dealt with in Paragraphs 5.7.66 and 5.7.67. Where these are not able to be met the reasons why should be recorded fully.
5.7.89 Safeguarding Children & Safer Recruitment in Education (2006) asserts that all schools (including independents) and FE colleges should have procedures in place for dealing with allegations.
5.7.90 The procedures should:
- Be developed and implemented in accordance with the guidance set out in the guidelines above and in Working together (2010).
- Make clear who to report concerns to (Head/Principal or a nominated deputy or the chair of governors – particularly if an allegation is against the head/principal.) Note: Where the senior member of staff with this responsibility is also the School Child Protection Co-ordinator (SCPCo) they, via their specific child protection training, are well placed to deal with these matters.
- Identify contact details for the Local Authority Designated Officer (LADO)
- Clearly cite that it is the responsibility of the head/principal, etc to liaise with the LADO throughout the different stages of an investigation including, where appropriate, attendance at strategy meetings/discussions (except in the case of an allegation against the Principal/Head Teacher in which case the chair of governors must liaise with the LADO.
- Detail the Forms to be used in recording (an LSCB Allegations Form 1 is appropriate for this purpose).
- The support processes to be provided to those against which an allegation has been made.
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Responsibility for all
5.7.91 Any staff member (or volunteer) who is made aware of an allegation and/or a concern should report the matter immediately to the head teacher, the deputy head or the chair of governors. In the case of an allegation against the head these should always be reported to the chair of governors.
5.7.92 It is important that this responsibility is relayed to all staff by means of induction, on-going reminders and within safeguarding training.
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Staff subject to an allegation
5.7.93 For an innocent person to be subject to an investigation, particularly if it takes time to resolve, can be a devastating experience for them and their family especially where such an event is not dealt with appropriately and / or is subject to delays. Support systems need to be in place which assist the member of staff or volunteer but do not jeopardise any investigations nor place children and young people at risk of harm.
5.7.94 In the event of actual or likely difficulty in achieving these objectives schools are advised to contact either the LADO or the police designated officers involved. This is particularly relevant in decisions as to whether or not suspension is necessary. Neither the police nor the local authority can require a school to suspend. However, they, as well as the LADO, are invariably in a position to provide advice from a wider, more independent perspective.
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Strategy meeting/Ddscussion
5.7.95 If the allegation is not patently false or the child or young person is suffering/likely to suffer significant harm, a strategy meeting should be convened. They should also be convened if a member of staff or volunteer has:
- Behaved in a way that has or may have harmed a child or young person.
- Possibly committed a criminal offence against or related to a child or young person
Or
- Behaved towards a child or young person in a way that indicates their unsuitability to work with a child or young person.
5.7.96 Whenever possible the meeting should be convened within 1 working day of the allegation being made.
5.7.97 The police should always be informed about any situation in which a criminal offence may have been committed.
5.7.98 The meeting should include police, children’s services and school/college representation. Other agency’s representatives may also be invited as appropriate.
5.7.99 Schools should not attempt to conduct an investigation themselves as this could jeopardise any legal proceedings. If in doubt as to how to proceed contact the LADO or Schools Child Protection Facilitator.
5.7.100 The purpose of the Strategy Meeting is to:
- Share available information
- Agree the conduct/timings of any police criminal investigation
- Actions required by the various agencies involved, including assessments
- What information from the meeting can be shared with the family/others
- Whether legal action is necessary?
- The chair should ensure that the relevant documentation is completed, signed and distributed as appropriate.
Note: In the event of a criminal investigation being undertaken the school should NOT be completing any internal disciplinary processes which could compromise the former. It is advisable to clarify any such eventualities as part of the strategy meeting.
5.7.101 The police will seek statements and evidence in the investigation process. As part of this they should obtain consent from the individuals concerned to share this with the school as part of any later disciplinary processes. It is advisable that this is also discussed within the strategy meeting.
Objective To ensure that where an allegation is made about a member of staff which indicates that they may have; a) behaved in a way that has harmed a child, or may have harmed a child; b) possibly committed a criminal offence against or related to a child or c) behaved towards a child or children in a way that indicates he or she is unsuitable to work with children, in connection with the person's employment or voluntary activity; that the allegation is handled in such a way as to safeguard children and young people whilst ensuring fair treatment for the accused.
These Steps should be followed in accordance with any Key Points that exist.
Steps Responsible Officer Record Required Performance Standard
1. Allegation received and reported to designated child protection person (or line manager) Any staff member receiving the allegation Immediately
2. Notify the LADO. Note if it is extremely serious first contact the Police or the Referral and Assessment Service (RAS). Designated Child Protection Person (or line manager) Yes – Allegations Form 1 - Staff Reporting Form Within 1 working day.
3. In all but the most serious cases the LADO and the designated child protection person (or line manager) will initially consider:
- Whether or not it needs referring to the police
- Whether it needs a strategy discussion
- Whether human resources need to be involved
- Whether any immediate action needs to be taken to make the child, other children and the organisation safe etc… LADO and Designated Child Protection Person (or line manager) Yes - Allegations Form 2 - LADO Initial Considerations Form 2 returned to referring organisation with covering letter within 5 working days.
4. The LADO will consult with the police/RAS (or child care team if it is an open case) and the employer of the accused person (if different from the responsible officer for Step 2) LADO Yes – Allegations Form 4 - LADO Data Collection and Log
5. The LADO will convene an allegation management meeting if required or agree and record required actions and decisions with the Designated Child Protection Person (or line manager) LADO and Designated Child Protection Person (or line manager) Yes – Allegations Form 3 – Allegation Management Meeting
Or
Allegations Form 4 - LADO Data Collection and Log
Distributed within 3 working days
6. The LADO will coordinate and review future action as necessary and ensure all parties required are involved and informed and that information is recorded as per the regulations LADO Yes - Allegations Form 3 - Allegation Management Meeting
And/Or
Allegations Form 4 - LADO Data Collection and Log
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Key points
1. Unless the allegation is clearly unfounded and false (e.g. if the accused person has never met the child or was not on duty) then the allegation should never be reported as No Further Action. If it is a false malicious allegation it should still be reported to the LADO to decide if the Police need to take action against the person making the allegation or if the alleged victim has other underlying needs.
2. Regardless of the nature of the allegation and regardless of who receives the allegation it MUST be reported to the LADO regardless of if it appears to be of little importance or potentially very serious.
3. The complaints process is separate to the allegations process and just because a person does not wish to make a complaint does not mean that there is no allegation.
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Children and young people living away from home
Essential safeguards
5.8.1 There are a number of essential safeguards which should be observed in all settings in which children and young people live away from home, including foster care, residential care, private fostering, armed forces bases, healthcare, boarding schools (including residential special schools), prisons, young offenders institutions, secure training centres and secure units and when children are detained whilst within the immigration system. Detailed guidance and standards are in place for service providers in each of these sectors. Where services are not directly provided, essential safeguards should be explicitly addressed in contracts with external providers. These safeguards should ensure that:
- Children and young people feel valued and respected and their self-esteem is promoted.
- There is an openness on the part of the institution to the external world and external scrutiny, including contact with families and the wider community;
- Staff and foster carers are trained in all aspects of safeguarding children or young people; alert to children or young people’s vulnerabilities and risks of harm; and knowledgeable about how to implement safeguarding children procedures.
- Children and young people who live away from home are listened to and their views and concerns responded to.
- Children and young people have ready access to a trusted adult outside the institution, e.g. a family member, the child or young person’s Social Worker, independent visitor, Children’s Advocate. Children and young people should be made aware of the help they could receive from independent advocacy services, external mentors and ChildLine.
- Staff recognise the importance of ascertaining the wishes and feelings of children and young people and understand how individual children communicate by verbal or non-verbal means.
- There are clear procedures for referring safeguarding concerns about a child or young person to the relevant Local Authority.
- Complaints procedures are clear, effective, user friendly and are readily accessible to children and young people, including those with disabilities and those for whom English is not their preferred language. Procedures should address informal as well as formal complaints. Systems that do not promote open communication about ‘minor’ complaints will not be responsive to major ones and a pattern of ‘minor’ complaints may indicate more deeply seated problems in management and culture which need to be addressed. Records of complaints should be kept by providers of Children and Family Services, for example there should be a complaints register in every children’s home which records all representations or complaints, the action taken to address them and the outcomes. Children and young people should be genuinely able to raise concerns and make suggestions for changes and improvements, which are taken seriously.
- Bullying is effectively countered.
- Recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers.
- There is effective supervision and support, which extends to temporary staff and volunteers.
- Contractor staff are effectively checked and supervised when on site or in contact with children and young people.
5.8.2 Clear procedures and support systems are in place for dealing with expressions of concern by staff and carers about other staff or carers. Organisations should have a code of conduct instructing staff on their duty to their employer and their professional obligation to raise legitimate concerns about the conduct of colleagues or managers. There should be a guarantee that procedures can be invoked in ways which do not prejudice the ‘whistle-blower’s own position and prospects.
5.8.3 There is respect for diversity and sensitivity to race, culture, religion, gender, sexuality and disability.
5.8.4 Staff and carers are alert to the risks of harm to children and young people in the external environment from people prepared to exploit the additional vulnerability of children and young people living away from home.
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Foster care
5.8.5 Foster care is undertaken in the private domain of carers own homes. It is important that children and young people have a voice outside the family. Social Workers are required to see children and young people in foster care on their own (taking appropriate account of the child or young person’s wishes and feelings) and evidence of this should be recorded.
5.8.6 Foster carers should be provided with full information about the foster child or young person and his/her family, including details of abuse or possible abuse, both in the interests of the child or young person and of the foster family.
5.8.7 Foster carers should monitor the whereabouts of their foster children, their patterns of absence and contacts. Foster carers should follow the recognised procedure of their agency whenever a foster child is missing from their home. This will involve notifying the placing authority and where necessary the Police of any unauthorised absence by a child or young person.
5.8.8 The Local Authority’s duty to undertake Section 47 enquiries, when there are concerns about significant harm to a child or young person, applies on the same basis to children in foster care as it does to children who live with their own families. Enquiries should consider the safety of any other children living in the household, including the foster carers’ own children and those previously placed. The Local Authority in which the child or young person is living has the responsibility to convene a strategy discussion, which should include representatives from the responsible Local Authority that placed the child or young person. At the strategy discussion it should be decided which Local Authority should take responsibility for the next steps, which may include a Section 47 enquiry. (See Section 3, Managing Individual Cases).
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Additional considerations
5.8.9 Concerns expressed about significant harm to a child or young person living in foster care will be managed as outlined in the Section 3 “Managing Individual Cases” but there are some additional considerations to take into account. Allegations made against foster carers are covered by the Section 5.7 Allegations made Against People who work with Children.
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Post enquiry
5.8.10 An investigation into an allegation of abuse against a foster carer will always be followed by a foster carer review and will consider information arising out of the enquiry. Letters to the foster carers acknowledging allegations should form part of the report to the next foster panel. The report should be submitted to the next foster panel within 6 weeks of the conclusion of the enquiry
5.8.11 As soon as the enquiry is completed carers will be informed in writing of the outcome of any allegation made against them by the responsible manager.
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Private fostering
5.8.12 A private fostering arrangement is essentially one that is made privately (that is to say without the involvement of a Local Authority).
5.8.13 The Children (Private Arrangements for Fostering) Regulations 2005, defines Private Fostering as when;
- You ask someone else to look after your child full-time for more than 28 days
- You are thinking of looking after someone else's child full-time, or are presently doing so, for more than 28 days and most importantly
- You are not closely related (Aunt, Uncle, brother, sister, grandparent, etc) to the child or a step parent
5.8.14 Under the Children Act 1989, private foster carers and those with parental responsibility are required to notify the local authority of their intention to privately foster or to have a child privately fostered, or where a child is privately fostered in an emergency. Teachers, Health and other professionals should notify the local authority of a private fostering arrangement that comes to their attention, where they are not satisfied that the Local Authority has been or will be notified of the arrangement.
5.8.15 It is the duty of every Local Authority to satisfy themselves that the welfare of children and young people who are privately fostered within their area is being satisfactorily safeguarded and promoted and to ensure that such advice as it appears to be required is given to private foster carers. In order to do so, they must visit privately fostered children at regular intervals. The minimum visiting requirements are set out in the Children (Private Arrangements for Fostering) regulations 2005. The Local Authority officer should see a child or young person alone unless the officer considers it inappropriate. Local Authorities must also arrange for visits to be made to the privately fostered child, the private foster carer, or parent of the child or young person when reasonably requested to do so. Children and young people should be given contact details of the Social Worker who will be visiting them while they are being privately fostered.
5.8.16 Local Authorities must satisfy themselves as to such matters as the suitability of the private foster carer and the private foster carer's household and accommodation. They have the power to impose requirements on the private foster carer or, if there are serious concerns about an arrangement, to prohibit it.
5.8.17 The Children Act 1989 creates a number of offences in connection with private fostering, including for failure to notify an arrangement or to comply with any requirement or prohibition imposed by the authority. Certain people are disqualified from being private foster carers.
5.8.18 Amendments to Section 67 and Schedule 8 of, the Children Act 1989 (made by Section 44 of the Children Act 2004) require Local Authorities to promote awareness in their area of notification requirements and to ensure that such advice as appears to be required is given to those concerned with children and young people who are, or are proposed to be, privately fostered. This will include private foster carers (proposed and actual) and parents.
5.8.19 Also the Children (Private Arrangements for Fostering) Regulations 2005 require Local Authorities to satisfy themselves of the suitability of a proposed arrangement before it commences (where advance notice is given).
5.8.20 Local Authorities will be inspected against the National Minimum Standards (NMS) for Private Fostering.
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Children in hospital
5.8.21 When children and young people are in hospital, this should not in itself jeopardise the health or welfare of the child or young person further. The National Service Framework (NSF) requires hospitals to ensure that their facilities are secure and regularly reviewed. There should be policies relating to breaches of security and involving the police. The LA where the hospital is located is responsible for the welfare of children and young people in its hospitals.
5.8.22 Children and young people should not be cared for on an adult ward. The NSF Standard for Hospital Services requires care to be provided in an appropriate location and in an environment that is safe and well-suited to the age and stage of development of the child or young person. Hospitals should be child friendly, safe and healthy places for children and young people. Wherever possible, children and young people should be consulted about where they would prefer to stay in hospital and their views should be taken into account and respected. Hospital admission data should include the age of children so that hospitals can monitor whether they are being given appropriate care in appropriate wards.
5.8.23 Additionally, Section 85 of the Children Act 1989 requires Care Trust Plus (CTP) to notify the ‘responsible authority’ i.e. the local authority for the area where the child or young person is ordinarily resident or where the child or young person is accommodated if this is unclear, when a child or young person has been or will be accommodated by the CTP for three months or more (for example in hospital), so that the Local Authority can assess the child’s needs and decide whether services are required under the Children Act 1989.
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Children and young people in custody
5.8.24 The Local Authority has the same responsibilities towards children and young people in custody as it does towards other children and young people in the authority area. It has been agreed that the Youth Justice Boards (YJB) will fund approximately 25 Local Authority staff across all the juvenile Young Offenders Institutions (YOI), to undertake Children Act 1989 duties. A significant part of these duties will be in relation to safeguarding and promoting the welfare of children and young people. In particular, these staff will be responsible for overseeing procedures to safeguard and promote the welfare of children and young people within the secure estate and helping to ensure that appropriate links are made between the YOI and its LSCB. Local Authority Circular (LAC) 2004(26) sets out Local Authorities’ responsibilities to children in custody.
5.8.25 Children and young people sentenced or remanded in custody are among the most vulnerable. Specific consideration to the safeguarding of this particular group is therefore called for and requires ongoing support from Children's Services and LSCB's in addition to the establishment's day to day duty of care.
5.8.26 The functions, powers, duties, responsibility and obligations imposed on local authorities by the Children Act 1989 - in particular, by section 17 and 47 - do not cease to arise merely because a child is in a secure estate. Such functions, powers, duties and responsibilities operate subject to the necessary requirements of imprisonment. Prisons have a legal obligation to safeguard the well-being of children in their care.
5.8.27 Continuity of services when children and young people transfer into and out of the secure estate is a vital element of good safeguarding practice and good resettlement planning. This includes ensuring that young people have suitable supported accommodation, help with mental health and substance misuse issues and with identifying appropriate education, training or employment.
5.8.28 Where a looked after child who is the subject of a care order, meaning that their responsible authority shares parental responsibility for them, enters a young offender institution (YOI), either on sentence or on remand, the responsible authority has continuing responsibilities as a corporate parent to visit and continue to assess their needs. The responsible authority must make arrangements for regular contact with the looked after child, continue to ensure that reviews of their care plan take place at the prescribed intervals and facilitate ongoing contact with parents and siblings where that is part of the care plan. These responsibilities will mean that the responsible authority must be closely involved in making plans for resettling the child in their community once they are able to be released from custody. For some children this will involve them returning to foster care or other kind of supported placement.
5.8.29 Where a child under 16 who has previously been accommodated as a result of a voluntary agreement under section 20 of the Child Act enters custody they do not remain a looked after child. However, regulations to be enacted as a result of section 15 of the Children and Young Persons act 2008 will require a responsible local authority to ensure that they appoint a representative to visit all children and young people who have ceased to be accommodated. The representative will be responsible for assessing the child's needs in order to make recommendations about the support they will need whilst detained, and, in particular, the support necessary on release which could include planning for the child to become looked after again.
5.8.30 Children ages 16+ who were looked after prior to being sentenced may well be "relevant children" as defined by section 23A of the Children Act 1989(248). Their responsible authority must appoint a personal adviser and prepare a pathway plan setting out the support that they will provide to prepare the child for the responsibilities of adulthood. The pathway plan must include information about where the child will live on release and the support they will receive to re-establish themselves in their communities with positive plan for their futures, to minimise the possibility of their re-offending.
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Abuse of disabled children and those with special needs
5.9.1 In July 2009, the Government published Safeguarding Disabled Children – Practice Guidance. This guidance provides a framework within which LSCBs, agencies and professionals at local level – individually and jointly – draw up and agree detailed ways of working together to safeguard disabled children.
5.9.2 The available UK evidence on the extent of abuse among disabled children and young people, suggests that disabled children are at increased risk of abuse and that the presence of multiple disabilities appears to increase the risk of both abuse and neglect. Disabled children and young people may be especially vulnerable to abuse for a number of reasons. Some disabled children and young people may;
- have fewer outside contacts than other children;
- receive intimate personal care, possibly from a number of carers, which may both increase the risk of exposure to abusive behaviour and make it more difficult to set and maintain physical boundaries;
- have an impaired capacity to resist or avoid abuse;
- have communication difficulties which may make it difficult to tell others what is happening;
- be inhibited about complaining because of a fear of losing services;
- be especially vulnerable to bullying and intimidation;
- be more vulnerable than other children to abuse by their peers.
5.9.3The additional requirements of some children and young people with special needs require particular consideration and can present new challenges when investigating suspected abuse: these differences need to be taken into account at each stage of the investigative process: when assessing possible indicators of harm, when preparing for an interview, during the actual interview and after the investigation.
5.9.4 Safeguards for disabled children and young people are essentially the same as for non-disabled children. Particular attention should be paid to promoting a high level of awareness of the risks of harm and high standards of practice and strengthening the capacity of children and families to help themselves. Measures should include:
- making it common practice to help disabled children and young people make their wishes and feelings known in respect of their care and treatment;
- ensuring that disabled children and young people receive appropriate personal, health and social education (including sex education);
- making sure that all disabled children and young people know how to raise concerns and giving them access to a range of adults with whom they can communicate. Those disabled children and young people with communication impairments should have available to them at all times a means of being heard;
- an explicit commitment to and understanding of disabled children’s safety and welfare among providers of services used by disabled children;
- close contact with families and a culture of openness on the part of services; and
- guidelines and training for staff on good practice in intimate care; working with children of the opposite sex; handling difficult behaviour; consent to treatment; anti-bullying strategies; and sexuality and sexual behaviour among young people, especially those living away from home.
5.9.5 Where there are concerns about the welfare of a disabled child or young person, they should be acted upon in accordance with the guidance in Section 3 Managing Individual Cases in the same way as with any other child or young person. Expertise in both safeguarding and promoting the welfare of child and disability has to be brought together to ensure that disabled children receive the same levels of protection from harm as other children and young people (see Safeguarding Disabled Children - Practice Guidance (2009)).
5.9.6 Where a disabled child or young person has communication impairments or learning disabilities, special attention should be paid to communication needs and to ascertain the child’s perception of events and his or her wishes and feelings. In every area, Children's Social Care and the Police should be aware of non-verbal communication systems, when they might be useful and how to access them and should know how to contact suitable interpreters or facilitators. Agencies should not make assumptions about the inability of a disabled child or young person to give credible evidence, or to withstand the rigours of the court process. Each child should be assessed carefully, and helped and supported to participate in the criminal justice process when this is in the child’s best interest and the interests of justice.
5.9.7 The definition of "special needs" is wide ranging and includes children and young people with severe emotional and behavioural problems as well as those with learning and physical disabilities. As a general guide all children and young people with a statement of special educational needs, whether they attend a special school or a mainstream school, should be considered to have special needs which fall within the remit of this guidance. However, this definition would not be considered to be exhaustive and other children and young people may be included according to their individual circumstances.
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Initial enquiries and planning
5.9.8 On receipt of a child protection referral the Directorate of Children's Social Care and/or Police will check the child's history and current circumstances through telephone enquiries with other agencies.
5.9.9 When making those enquiries the Social Worker/Police Officer should always seek to clarify whether the child or young person has any special needs and these should be considered and recorded.
5.9.10 Where enquiries indicate that a child or young person has special needs, the Social Worker/Police Officer should establish whether the child or young person receives additional services to meet those needs and which other key people are involved with the child or young person.
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Strategy discussion
5.9.11 The purpose and nature of the strategy meeting is the same as for any other child or young person. However, particular care will be needed as to how further enquiries are carried out.
5.9.12 Children and young people with special needs may be particularly vulnerable to abuse, especially where the child or young person has special communication needs. When planning an interview with a child or young person any additional resources required to enable the child or young person to communicate must be identified and special arrangements made according to the child or young person's individual needs. Whilst information provided by the child or young person in these circumstances may be unlikely, at the present time, to meet evidential requirements for criminal proceedings, it may nevertheless inform an assessment which enables protective action to be taken. The decision whether to interview a child or young person should therefore not be influenced by the likelihood of achieving a criminal prosecution and enquiries should remain as thorough for children with special needs as they are for any child or young person.
5.9.13 The strategy meeting should make a full assessment of the child’s needs and what must be done in order to meet those needs during the enquiry. The strategy discussion should also consider the following areas,
- Any special communication needs on the part of the child or young person;
- Where the child or young person has a learning disability, the level of the child's understanding;
- Where the child or young person has a physical disability, any aspect of their disability which may affect the venue for an interview e.g.; access to video interview suite, where facilities are located on the first floor;
- Children and young people without verbal communication skills who may be able to communicate with the aid of symbol boards, computer programmes etc. In these circumstances the most appropriate venue for an interview with the child or young person may be the child's school or specialist facility where such equipment is available
- Any medical considerations affecting the conduct of an interview with a child or young person e.g.; the child's need for regular medication or for a nurse to be available in the event of medical intervention being necessary.
- The likely time required to conduct an interview with the child or young person. It may be necessary to plan for more than one interview with the child or young person. Where this is the case the reasons must be carefully recorded in the minutes of the strategy meeting;
- The most appropriate person to conduct an interview with a child or young person who, for example, has special communication needs, a learning disability or severe behavioural problems. In these circumstances someone who knows the child well e.g. a teacher or other professional with special communication skills may be the best person to take the lead in interviewing the child or young person. This person must be carefully briefed beforehand in order that they are prepared for the interview.
- If there is a possibility that the child or young person may need immediate protection, will any additional resources or a specialist placement be required?
- Identify a person to act as a specialist advisor during the course of the enquiries.
5.9.14 Agencies should not make assumptions about the inability of a disabled child or young person to give credible evidence, or to withstand the rigours of the court process. Each child or young person should be assessed carefully and helped and supported to participate in the criminal justice process when this is in the child’s best interest and the interests of justice.
5.9.15 In criminal proceedings witnesses aged under 17 are automatically eligible for assistance with giving their evidence. The special measures they may be provided with include screens around the witness box so they do not see the defendant, video recorded evidence in chief and live video links so that they may not have to go into the courtroom at all and intermediaries and aids to communication to facilitate good communication. Achieving Best Evidence (2002) guidance for investigators includes comprehensive guidance on planning and conducting interviews with children and young people and a specific section about interviewing disabled children.
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Children with profound disabilities who have no means of communication
5.9.16 This group of children and young people is potentially the most vulnerable. When assessing possible signs of abuse it is important to combine an adult's personal knowledge of the changes in a child's usual behaviour or emotional state, with the specialist knowledge of relevant professionals who can assess the significance of those signs given the child's age, developmental stage and particular disability.
5.9.17 As such children and young people are not able to be cross examined, evidence from elsewhere is particularly important in order to mount a case, whether this is in criminal or civil proceedings.
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Medical examinations
5.9.18 The medical examination of a child or young person with special needs who is suspected to have been harmed must always be considered by the enquiry team. The medical examination of children and young people with profound disabilities is particularly important as it may provide the only source of evidence about harm to a child or young person.
5.9.19 Some children and young people with special needs are seen regularly by their GP, paediatrician or other specialist and the Consultant Forensic Medical Examiner should liaise with any medical colleagues involved with the child and, in consultation with the enquiry team, decide who should undertake any medical examination.
5.9.20 As with other children, the child or young person must give informed consent before an examination, if the examining doctor considers them old enough to understand the issues.
5.9.21 With regards to medical consent please refer to Section 11, Legislation.
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Allegations of harm when the alleged abuser is a child or young person under 18 years with special needs
5.10.1 Enquiries into allegations of harm where the alleged perpetrator is a child or young person with special needs should be conducted in accordance with the procedure outlined in the above section.
5.10.2 Any strategy meeting or Child Protection Conference in respect of the alleged young perpetrator should include consideration of any specialist resources needed both to assess the young person and work with them subsequently as well as during any subsequent programme of work with them. See also Section 5.11 Abuse by children and young people.
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Intimate care
5.10.3 All organisations that provide intimate care to disabled children and young people must adopt a policy and have a written set of procedures in place to implement this policy. This is essential to protect both the disabled child as well as staff members. Organisations should ensure that workers undertake the necessary training in respect of intimate care.
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Therapeutic intervention
5.10.4 It is very important for children and young people with a disability to have access to specialist counselling and support at the point of which they tell someone about the abuse. This may lessen the chances of adverse long term effects on them as adults. In addition, many children and young people require therapy following the investigation.
5.10.5 As with all children and young people, there will be occasions when the child's need for immediate therapy overrides the need for the child to appear as an individual witness in a criminal case. This needs to be weighed up and a decision made on the basis of the available knowledge. There should always be discussion with the Crown Prosecution Service and the Local Authority Legal Department on the particular needs of the child or young person which are paramount. Reference should be made to guidance in the Action for Justice Publication “Achieving Best Evidence”.
5.10.6 It is essential to explore different ways of working with a child or young person that will be most appropriate to their level of understanding and need, e.g. a 15 year old with learning difficulties may respond to play therapy which would more usually be offered to a younger child.
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Abuse by children and young people
Children who harm other children and young people
5.11.1 Everybody who works with or has contact with children, parents and other adults should be able to recognise, and know how to act upon, evidence that a child’s health or development is or may be impaired – especially when they are suffering, or likely to suffer, significant harm.
5.11.2 Work with children and young people who abuse others, including those who sexually abuse/offend, should recognise that such children are likely to have considerable needs themselves, and that they pose a significant risk of harm to other children.
5.11.3 Children and young people, particularly those living away from home, are also vulnerable to physical, sexual and emotional bullying and abuse by their peers.
5.11.4 Work with children and young people who abuse others - including those who sexually abuse/offend - should recognise that such children and young people are likely to have considerable needs themselves and also that they may pose a significant risk of harm to other children and young people.
5.11.5 Evidence suggests that children who abuse others may have suffered considerable disruption to their lives, have been exposed to violence within their family, may have witnessed or been subject to physical or sexual abuse, have problems in their educational development and may have committed other offences.
5.11.6 Such children and young people are likely to be children in need and some will in addition be suffering or at risk of significant harm and may themselves be in need of protection.
5.11.7 Children and young people who abuse others should be held responsible for their abusive behaviour, whilst being identified and responded to in a way which meets their needs as well as protecting others.
5.11.8 The following three key principles should be adopted in working with children and young people who abuse others:
- There should be a co-coordinated approach on the part of, Children’s Social Care departments, including Youth Justice, Education (including Educational Psychology), as well as Health (including child and adolescent mental health) agencies;
- The needs of the children and young people who abuse others must be considered separately from the needs of their victims; and
- An assessment should be carried out in each case, appreciating that these children and young people may have considerable unmet developmental needs as well as specific needs arising from their behaviour
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Physical and emotional harm
5.11.9 The following questions may assist professionals in determining the significance of the reported behaviours.
5.11.10 What is the significance of any imbalance of power, including age, disability, race, gender?
5.11.11 What is the severity of the assault in the range from a single blow causing superficial marking, to sustained assaults and the use of weapons?
5.11.12 Is it a one-off incident or is there a pattern of repeated assaults? The frequency of injuries may be more significant than the severity of the assault. Records, including those of Accident and Emergency attendances or visits to General Practitioners, might be particularly helpful.
5.11.13 Is the child or young person being emotionally abused?
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Distinguishing inappropriate behaviour from sexual abuse
5.11.14 Referrals of alleged harm carried out by children and young people often concern incidents of a sexual nature. It is important to consider what constitutes:
- Normal childhood exploration
- Inappropriate sexual behaviour
- Sexually abusive behaviour
5.11.15 There are sometimes perceived to be difficulties in distinguishing between what is ‘normal’ sexual experimentation between children and behaviour which is sexual abuse blurred for several reasons:
- Variations in adults understanding of what constitutes ‘normal’ sexual development;
- Different views about childhood sexual development;
- How much sexual knowledge children have and at what age;
- How current power structures in society, in peer groups, affect children’s behaviour to one another;
- The effect of television, films and the availability of pornography.
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Sexual behaviour covered by these procedures
5.11.16 In order to manage effectively the many challenges associated with sexual harmful behaviour (SHB) in children and young people it is important that staff are aware of what SHB actually is compared with typical sexual development in children at different stages of development.
5.11.17 SHB is based on aspects such as coercion, deception, enticement, intimidation, threat, physical force or violence, usually against a younger and/or vulnerable child.
5.11.18 The children and young people typically exhibiting SHB will have a pre-occupation with sexual expression and compulsive sexual activity in which sex has become predominant in the child’s internal world.
5.11.19 A consistent research finding in this area is that the majority of children and young people who exhibit SHB have been exposed to a range of aversive psycho sexual experiences, not least domestic violence, neglect and sexual abuse. In effect, therefore, they are likely to be both a victim and a perpetrator and are a vulnerable child/young person themselves.
5.11.20 In dealing with children and young people who exhibit SHB it is not about punishing them for such behaviours. Instead the emphasis should be on enabling and supporting them to make sense of their behaviour and making more appropriate choices.
5.11.21 In working with children and young people who abuse others the following should apply:
- There should be a co-coordinated multi-agency approach including CSC, education, health agencies, the police and any other relevant agencies.
- The needs of the children and young people who abuse others should be considered separately from those of their victim
- A multi-agency assessment should be carried out in each case which includes any unmet developmental needs as well as any specific behaviour needs.
5.11.22 A young abuser should be the subject of a child protection conference if they are considered to be at risk of continuing significant harm.
5.11.23 Where a child or young person who has been convicted of sexual offences involving the abuse of other children and young people, is released into the community, they must be referred into the MAPPA process.
5.11.24 A judgement about what distinguishes behaviours, which are merely inappropriate from those, which are child abuse, will have to be made. Sexual behaviour by a child or young person with another, which includes all of the following elements, is sexual abuse within these procedures and the abuser shall be the subject of a strategy discussion:
- The absence of/inability to give true consent (rather than merely legal). Consent is based on informed choice, is active and is not passive and is only possible where there is equal power, including equal knowledge. Forcing, threatening, tricking, or bribing another child to give in, is not consent. Therefore true consent is informed, not forced; it occurs within an equal relationship, free from pressure to comply and without financial or other inducement.
- Significant Power Imbalances In child abuse, the power of the abuser is used over the victim. Perceived differentials of power can be thought of at a number of different levels, such as: age (generally speaking the greater the age difference the more likely it is to be abuse)
- size
- race
- gender
- family relationships
- power of peer popularity
- strength often previously demonstrated in non-sexual behaviour
- significant levels in cognitive functioning
- self image difference
- arbitrary labels such as boss/leader
- position of trust
- The Presence of Exploitation Where the alleged abuser takes advantage of a position of authority or trust, to secure compliance. Where there is invested authority e.g. older sibling, relative such as a cousin, babysitter, gang leader, team captain, school prefect or any other activity where a child or young person has a ‘label’ as someone to be looked up to and respected.
- Whilst no simple indicator is always definitive and prescriptive, the presence of one or more of them should alert us to the fact something needs to be enquired into in more detail and the following questions are designed to assist professionals further:
- What is the nature of the relationship between the abuser and the ‘victim’? Does one party have authority over the other and what (if any) other power differentials are present? If the incident happened during a babysitting arrangement – did the abuser offer to baby-sit rather than being asked?
- Is there overt aggression, coercion, trickery, verbal threat or bribery? If so, this usually indicates an abusive relationship.
- Why has the abusers behaviour caused concern and to whom?
- How often, where and for how long did the activity happen? One short incident may be abusive; conversely, frequency and persistence are strong indicators of abuse.
- What is the experience of the person who has been ‘abused’? Did the abuser encourage the victim to believe it was only a game? Was the behaviour perceived by the recipient as abusive, or is the recipient blaming him/herself for what happened? Either scenario indicates that the act may have been abusive.
- Have there been any attempts to secure secrecy by any of the individuals involved? If so then the reasons for this need to be clarified. What was said before, during and after the behaviour?
- How was the activity revealed? Was there a spontaneous account from either the ‘abuser’ or the ‘victim’; or was the behaviour ‘discovered’ or disclosed after an inadvertent comment?
- Does the ‘abuser’ appear to target a particular type of ‘victim’? Common features such as age, sex or vulnerability may suggest a target group, which is indicative of abuse. Has the abuser been confronted about such behaviour before?
- What was the nature of the activity? Is a particular game involved which isolates the victim? Is the type of sexual activity likely within the child’s age range? If not and it shows “excessive sexual knowledge” or there appear to be age-inappropriate sexual motivations in the actions of the abuser, then the act is more likely to be abusive.
- Normal exploratory behaviour tends to be short lived. Has a pattern of activity changed over time? Has it become more frequent, severe or deviant? Are there successive ‘victims’ and are they getting younger? An evolving pattern of behaviour can be suggestive of abuse.
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Enquiries
5.11.25 Enquiries in relation to the alleged victim (under the age of 18 years) will be undertaken in accordance with these Child Protection Procedures as for any other referral.
5.11.26 In accordance with the Police and Criminal Evidence Act, interviews with a child suspect under caution, will be conducted by the Police in the presence of a parent or carer or a member of the Youth Offending Service’s Appropriate Adult Service.
5.11.27 Where deemed appropriate, enquiries under Section 47 of the Children Act 1989 should be undertaken in respect of the alleged perpetrator.
5.11.28 Enquiries will consider:
- Evidence of actual or likely harm suffered by the alleged young perpetrator and if so further action required.
- The position of any other children in the alleged young perpetrator's family and any actions required to protect them.
- The alleged young perpetrator’s contact with any other children outside of his/her immediate family who may be at risk.
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Following the enquiries:
5.11.29 A Child Protection Conference will be convened in respect of the alleged perpetrator if the criteria for an Initial Child Protection Conference are met.
5.11.30 If the criteria for the above are not met, then Children's Social Care will convene a Child in Need meeting in order to coordinate any support identified.
5.11.31 The agency representatives who will be invited to either a Child Protection Conference or inter-agency meeting will be the same. A representative of the Youth Offending Service must also attend.
5.11.32 The Social Workers report to the Child Protection Conference or inter-agency meeting will include the following information:
- The alleged abusers view of the situation and attitude to the alleged offence (where they have been given).
- Any details about sexual experiences and fantasies.
- The view of parent/carer.
- The nature and frequency of the behaviour and context in which it occurred.
- Assessments of any immediate risk of further offending.
5.11.33 In addition to the usual conference tasks, the Child Protection Conference or inter-agency agenda will include:
- The nature and extent of the abusive behaviours;
- Context of the abusive behaviours;
- The alleged perpetrator’s development and family circumstances;
- Needs for services, specifically focusing on the young person’s harmful behaviour as well as other significant needs.
- The risks to self and others, including other children and young people in the household, extended family, school, peer group or wider social network.
- The need to consider an alternative placement in order to protect other children and young people pending a full assessment of the alleged perpetrator.
- What plan of action should be put in place to address the needs of the alleged perpetrator, detailing the involvement of all relevant agencies?
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Incidents involving numbers of children in an establishment
5.11.34 In circumstances where allegations of child abuse by children and young people give rise to child protection concerns about a number of children and young people who are resident in the same establishment i.e. residential home or school, Children's Social Care Deputy Director - (Vulnerable Children) will be advised.
5.11.36 The Children's Social Care will appoint a co-ordinator who will be responsible for convening an early strategy meeting at which the needs of all the children and young people for whom there are concerns about their protection within the establishment will be considered. At this meeting the separate needs of the victim(s) and abuser(s) must be considered as well as the management of further enquiries.
5.11.36 In responding to the above, consideration should be given to the guidance on Sexual Exploitation and Managing Allegations of Abuse Made against People who Work with Children (See Section 5.)
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Bullying
Guidance: The following legislation, policies and guidance documents are relevant to the issue of bullying.
Locally:
- NELC Children & Young People Anti-Bullying Strategy
- Healthy Schools Programme
- Parenting Strategy
- The Strategic Plan for Safeguarding
- Humberside Police Child on Child Violence Protocol
- Promoting of Race Equality
- The Teenage Pregnancy Strategy
- The North East Lincolnshire Community Engagement Framework
- The Children and Young People’s Plan 2007-2010
- The Change4Children Participation Strategy Update 2009
- The North East Lincolnshire Child and Adolescent Mental Health Services (CAMHS) Strategy
Nationally:
5.12.1 The DCSF (now known as the Department for Education), defines bullying as:
“Behaviour, usually repeated over time, that intentionally hurts another individual or group, physically or emotionally”.
5.12.2 It can take many forms but the three main types are:
- Physical (for example, hitting, kicking, theft)
- Verbal (for example, racist or homophobic remarks, threats, name calling)
- Emotional (for example, isolating an individual from the activities and social acceptance of their peer group.)
5.12.3 The damage inflicted by bullying can frequently be underestimated. It can cause considerable distress to children and young people, to the extent that it affects their health and development or, at the extreme, causes them significant harm (including self-harm). The guidance within Working Together 2010 states that all settings in which children are provided with services or are living away from home, should have in place rigorously enforced anti-bullying strategies.
5.12.4 North East Lincolnshire Children and Family Services directorate is committed to and has a duty to ensure that bullying is not tolerated. North East Lincolnshire Children and Family Services directorate will do everything in its power to ensure that children and young people are protected from bullying and racial harassment in and out of school, and feel safe and secure.
5.12.5 Bullying is a wilful and conscious desire to hurt, threaten, intimidate and frighten someone and can take many forms including physical, emotional, psychological and/or verbal. It is not always possible, or advisable to separate bullying from discrimination or abuse associated with the six strands of equality and diversity.
- Race
- Religion
- Gender
- Disability
- Sexual Orientation
- Age
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Schools responsibilities in dealing with bullying
5.12.7 Schools and other organisations are legally required to record racist incidents and report them to the Local Authority. This is to comply with The Race Relations Amendment Act (2000) and the Home Office Code of Practice on Reporting and Recording Racist Incidents (2000). In North East Lincolnshire, schools are also requested to report incidents under the seven strands of equality and diversity listed above.
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Practices
5.12.8 Since 1999 schools have been under a legal duty to put measures in place to promote good behaviour, respect for others and to prevent all forms of bullying among pupils. In practice schools need to draw up an anti-bullying policy linked to the behaviour policy.
5.12.9 Where there are concerns or reports that a child or young person may be experiencing bullying workers should follow the guidance within their individual agency’s anti bullying policy.
5.12.10 Concerns and reports of bullying should always be investigated.
5.12.11 Where an organisation is still in need of putting clear anti bullying strategies in place then any worker who has concerns or has received a report that a child or young person is experiencing bullying should report the concern to the designated person within the organisation who should ensure that the matter is investigated.
5.12.12 All incidents of bullying, including racial harassment, must be accurately recorded and monitored.
5.12.13 All children and young people will be treated with dignity and respect and their welfare and safety will be paramount. Workers and carers must be alert to signs of bullying and act promptly and firmly against it.
5.12.14 The needs of victims of bullying must be addressed and assurance given that children’s rights are not infringed by bullying.
5.12.15 All incidents of bullying will be dealt with fairly and consistently.
5.12.16 All young people that have made an allegation of bullying should be supported by a person of their choice throughout this process.
5.12.17 Workers and carers should enable children and young people to talk about their feelings and concerns in a safe environment and to enable them to share concerns about bullying.
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Principles
5.12.18 Where there are concerns or reports that a child or young person may be experiencing bullying workers should follow the guidance within their individual agency anti bullying policy.
5.12.19 Concerns and reports of bullying should always be investigated.
5.12.20 Where an organisation is still in need of putting clear anti bullying strategies in place then any worker who has concerns or has received a report that a child or young person is experiencing bullying should report the concern to the designated person within the organisation who should ensure that the matter is investigated.
5.12.21 All incidents of bullying, including racial harassment, must be accurately recorded and monitored.
5.12.22 All children and young people will be treated with dignity and respect and their welfare and safety will be paramount. Workers and carers must be alert to signs of bullying and act promptly and firmly against it.
5.12.23 The needs of victims of bullying must be addressed and assurance that children's rights are not infringed by bullying.
5.12.24 All incidents of bullying will be dealt with fairly and consistently.
5.12.25 All young people that have made an allegation of bullying should be supported by a person of their choice throughout this process.
5.12.26 Workers and carers should enable children and young people to talk about their feelings and concerns in a safe environment and to enable them to share concerns about bullying.
5.12.27 Organisations should ensure that workers are provided with appropriate training for all staff in respect of bullying awareness, harassment and discrimination issues and how to deal with it.
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Concerns of a child in need/child protection nature
5.12.28 The procedures in Section 3, Managing Individual Cases will only apply in cases of physical abuse or violence by children and young people when there are risks to children and a multi-agency Child Protection Plan or Child in Need Plan is likely to be needed.
5.12.29 There are incidents between children and young people in which injury is suffered ranging from fights to bullying. The LSCB does not intend that such incidents per se will warrant action under these procedures. It is necessary to make a distinction between bullying (which is obviously hurtful), from physical and emotional harm requiring child protection procedures. The overriding principle in drawing this distinction is – are there risks to children and young people requiring the need for a multi-agency Child in Need/ Child Protection Plan?
5.12.30 It is not possible to provide a definitive statement of when bullying becomes child abuse. A professional judgement should be made of the seriousness, frequency and nature of the incident related to the significance of the harm and relevance of a multi-agency plan to protect a child or young person. All of this will be affected by any previously known information about the child or young person, whether the children are from the same family or live in the same establishment or other setting, and so on.
5.12.31 The LSCB support the principle that bullying is never acceptable and children and young people have the right to be protected from it. Therefore, the LSCB expects each agency to have in place practice guidance with strategies for dealing with incidents of bullying, intimidation and harassment.
5.12.32 It is not intended that incidents of bullying will automatically be considered under the Child Protection Procedures.
5.12.33 The following questions may assist professionals in determining the significance of the reported behaviours:
- What is the significance of any imbalance of power, including age, disability, race, gender?
- What is the severity of any physical assault in the range from a single blow causing superficial marking, to sustained assaults and the use of weapons?
- Is it a one-off incident or is there a pattern of repeated incidents? The frequency of any injuries may be more significant than the severity of the assault. Records, including those of Accident and Emergency attendances or visits to General Practitioners, might be particularly helpful.
5.12.34 Is the child or young person being emotionally abused?
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Sexual, sexist and trans-phobic bullying
5.12.35 Such forms of bullying can be distinct from sexual abuse in that the perception and/or motivation of the child or young person instigating it on another is fundamentally different. That is not, however, to minimise the impact on those who are subjected to it. Where it is known that any of these forms of bullying are occurring they should be dealt with on a multi-agency basis in which the provision of suitable services, for both victims and perpetrators, are identified and responded to. This form of bullying is characterised by activities such as:
- Sexual name calling and comments
- Showing body parts
- Inappropriate touching
- Sending of explicit texts and images
- Sexual gestures
- Sexual assault
5.12.36 For those providing Children and Family Services it is critical that they have in place policies and procedures to deal with it, and that both staff and children and young people are aware of them and of the potential consequences for breaching them. Where such incidents are occurring they need to be dealt with immediately in order to prevent such activity becoming ‘acceptable.’
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Cyber-bullying
See 5.17 Child Abuse and Information Technology.
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Race and racism
5.13.1 Children and young people from all cultures are subject to abuse and neglect. All children and young people have a right to grow up safe from harm. In order to make sensitive and informed professional judgements about a child’s needs, and parents’ capacity to respond to their child’s needs, it is important that professional’s are sensitive to differing family patterns and lifestyles and to child rearing patterns that vary across different racial, ethnic and cultural groups. At the same time they must be clear that child abuse cannot be condoned for religious or cultural reasons.
5.13.2 Children and young people from black and minority ethnic groups (and their parents) are likely to have experienced harassment, racial discrimination and institutional racism. Although racism can cause significant harm it is not, in itself, a category of abuse. The experience of racism is also likely to affect the responses of the child or young person and family to assessment and enquiry processes.
5.13.3 Failure to consider the effects of racism will undermine efforts to protect children and young people from other forms of significant harm. The effects of racism differ for different communities and individuals and should not be assumed to be uniform. The specific needs of children and young people of mixed parentage and refugee children should be given attention. In particular, the need for neutral, high quality, gender appropriate translation or interpretation services should be taken into account when working with children, young people and families whose preferred language is not English.
5.13.4 All organisations working with children and young people, including those operating in areas where black and minority ethnic communities are numerically small, should address institutional racism, defined in the Macpherson Inquiry Report (2000) on Stephen Lawrence as “the collective failure by an organisation to provide an appropriate and professional service to people on account of their race, culture and/or religion”.
5.13.5 All assessments, enquiries and meetings such as Child Protection Conferences and Core Groups must ensure that they are inclusive and respectful to all participants and address any issues of racism, culture and religion whether it concerns the child, family or any other participant. All staff or clinical supervision and training must consider the issues not only of institutional racism but also of the effects or racism in relation to the child or young person and his or her family.
5.13.6 There is guidance on anti-bullying in these guidelines and procedures in Section 5.11 “Abuse by Children and Young People”.
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Children whose behaviour indicates a lack of parental control
5.14.1 When children and young people are brought to the attention of the Police or the wider community because of their behaviour, this may be an indication of vulnerability, poor supervision or neglect in its wider sense. It is important that consideration is given as to whether these are children in need and are offered assistance and services that reflect their needs. This should be done on a multi-agency basis. A range of powers should be used to engage families to improve the child or young person’s behaviour where engagement cannot be secured on a voluntary basis.
5.14.2 The Child Safety Order (CSO) is available under section 11 of the Crime and Disorder Act 1998, and revised under the Children Act 2004 (section 60), is an order made on application to the family proceedings court by the local authority Children and Family Services directorate (social worker), and is aimed at children aged under 10 years of age where a child or young person has committed an act which would have been an offence if he/she were aged 10 or above, behaves in such a way as to suggest that he/she is at risk of offending where the child or young person has caused or is likely to cause harassment, distress or harm to others (i.e. behaved anti-socially), or contravenes a ban imposed under any local Child Curfew notice. It is designed to help the child or young person improve his or her behaviour and is likely to be used alongside work with the family and others to address any underlying problems. The order can last up to 12 months, and can contain various directions and requirements to achieve the standards of Every Child Matters. A “responsible officer” would be appointed under such an order (usually the allocated social worker). The decision to apply for the order lies with the Head of Service for Fieldwork.
5.14.3 A Parenting Order can be made alongside a CSO or when a CSO is breached. This provides an effective means of engaging with and supporting parents whilst helping them develop their ability to undertake their parental responsibilities. A parenting order consists of 2 elements:
- a requirement on the parent to attend counselling or guidance sessions (for example, parenting education or parenting support classes). This is the core of the parenting order and lasts for 3 months;
- a requirement on the parent to comply with such requirements as are determined necessary by the court. This element can last up to 12 months.
5.14.4 In case of behaviour problems at school, schools will need to make use of a full range of strategies when working to engage with parents, families and communities, including:
- offering specific support for parents and carers who need help either because their child is being bullied or in managing their child’s behaviour. There is a range of support mechanisms available in schools and through partner agencies but parents and carers need to feel this support is accessible to them;
- employing some of the formal strategies for parental engagement including the use of parenting contracts and home-school agreements. Many parents will react positively to such offers of help and particularly value group support;
- some schools find that the use of an education related parenting contract for behaviour is helpful in protecting the interests of the child. This is a voluntary arrangement between the parent and school/local authority;
- parenting orders can also be applied for by a school or local authority where a parent has refused or failed to comply with a parenting contract and where the court considers that parenting is a factor in the child’s behaviour.
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Domestic violence
Please Note:
This section should be considered as guidance for good practice only. For further information or advice on the Multi Agency Risk Assessment Conference (MARAC) please contact the MARAC Coordinator on (01472) 324966 who will be more than happy to assist you. A risk assessment will assist you in identifying the risk factors you need to consider.
5.15.1 Multi-Agency Risk Assessment Conferences or MARAC’s, are undertaken in relation to the victims of Domestic Abuse that are deemed to be in danger of serious harm or death they are for our most high risk cases. Domestic Abuse is a very complex issue and the police alone can not solve all the related problems and manage the associated risks in all cases. A MARAC allows agencies to work together and discuss the identified risks to enable them to be managed through a multi-agency forum. MARAC’s provide a structured forum for the sharing of information, risk assessment and safety planning in relation to victims, perpetrators and their children. By using the knowledge and expertise of different agencies the identified risks will be either, eliminated, reduced or managed in the most appropriate and effective way. The MARAC process ensures that support services are aware of high risk or potentially high risk domestic abuse situations and that adequate and appropriate support is available to the victim and any dependants.
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Definition
5.15.2 Domestic abuse is defined by the Home Office as: “Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been, intimate partners or family members, regardless of gender or sexuality”. The main characteristic of domestic abuse is that the behaviour is intentional and is calculated to exercise power and control within a relationship.
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Introduction
5.15.3 It is nationally recognised that most domestic abuse is perpetrated by men against women. This guidance therefore, refers to the victim/survivor as female and the perpetrator as male. However agencies should apply the guidance to all situations of domestic abuse. Domestic abuse can also be perpetrated by women against men , within same sex relationships, and to a carer from a child or adult that they are caring for.
5.15.4 Children and young people may suffer both directly and indirectly, if they live in households where there is domestic abuse. Domestic abuse is likely to have a damaging effect on the health and development of children who are likely to suffer emotional and psychological maltreatment and it will often be appropriate for such children to be regarded as children in need. Everyone working with women and children should be alert to the frequent inter-relationship between domestic abuse and the abuse and neglect of children and young people.
5.15.5 Where there is evidence of domestic abuse, the implications for any children in the household should be considered, including the possibility that the children may themselves be subject to abuse or may be harmed by witnessing or overhearing the abuse. Conversely, where it is believed that a child is being abused; those involved with the child and family should be alert to the possibility of domestic abuse within the family and check whether this is happening within the family or in a young persons partner relationship.
5.15.6 The three central imperatives of any intervention for children and young people living with domestic abuse are:
- To protect the child/ren , including unborn child/ren
- To provide the parent with the skills necessary to allow the mother to protect herself and her child or children
- To identify the abuse partner, hold the abusive partner accountable for their violence
5.15.7 Often, supporting a non-violent parent is likely to be the most effective way of promoting the child’s welfare although on occasions, both parents/partners may be violent.
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Incidents of domestic abuse
5.15.8 Normally, one serious incident or several lesser incidents of domestic abuse where there is a child in the household would indicate that the Children's Social Care should carry out an initial assessment of the child and family, including consulting existing records. Babies under 12 months old are particularly vulnerable to abuse. Any incident of domestic abuse with a child under 12 months old (including an unborn child), regardless if they were present, practitioners should make a referral to children’s social care. Children and young people who are experiencing domestic abuse may benefit from a range of support and services and some may need safeguarding from harm.
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The impact of domestic abuse on children
5.15.9 Both the physical assaults and psychological abuse suffered by adult victims who experience domestic abuse can have a negative impact on their ability to look after their children. The negative impact of domestic abuse is exacerbated when the violence is combined with drink or drug misuse; children witness the abuse (by seeing or hearing); children and young people are drawn into the abuse or are pressurised into concealing the assaults. Children and young people’s exposure to parental conflict, even where violence is not present, can lead to serious anxiety and distress among children, particularly when it is routed through them.
5.15.10 The risks to children living with domestic abuse include:
- Direct physical or sexual abuse of the child
- The child being abused as part of the abuse against the mother
- Being used as pawns or spies by the abusive partner in attempts to control the mother
- Being forced to participate in the abuse and degradation by the abusive partner
- Emotional abuse and physical injury to the child from witnessing the abuse
- Hearing the abusive partner verbally abuse, humiliate and threaten violence
- Observing bruises and injuries sustained by their mother
- Hearing their mother’s screams and pleas for help
- Observing the abusive partner being removed and taken into police custody
- Witnessing their mother being taken to hospital by ambulance
- Attempting to intervene in a violent assault
- Being physically injured as a result of intervening or by being accidentally hurt whilst present during a violent assault
- Negative material consequences for a child of domestic abuse
- Being unable or unwilling to invite friends to the house
- Frequent disruptions to social life and schooling from moving with their mother fleeing violence
5.15.11 The impact of domestic abuse on children is similar to the effects of any other abuse or trauma and will depend upon such factors as:
- The severity and nature of the abuse
- The length of time the child is exposed to the abuse
- Characteristics of the child’s gender, ethnic origin, age, disability, socio-economic and cultural background
- The warmth and support the child receives in their relationship with their mother, siblings and other family members
- The nature and length of the child’s wider relationships and social networks
- The child’s capacity for and actual level of self protection
5.15.12 Children who witness domestic abuse are classed as suffering significant harm, as they suffer emotional and/or psychological maltreatment. There may be serious effects on children who witness domestic abuse which can often result in low self-esteem, behavioural issues, experience increased levels of anxiety, depression, absenteeism, ill health, anger and fear, aggressive and violent behaviours (including bullying), lack of conflict resolution skills, lack of empathy for others, poor peer relationships, poor school performance, anti-social behaviour, pregnancy, alcohol and substance misuse, antisocial or criminal behaviour, self blame, hopelessness, shame and apathy, post traumatic stress disorder, self harm and psychosocial impacts – symptoms such as hyper-vigilance, nightmares and intrusive thoughts – images of violence, insomnia, enuresis and over protectiveness of parent and/or siblings.
5.15.13 Difficulties for children and young people from Black and Ethnic Minority backgrounds may be compounded by difficulty in seeking help, language and interpreting problems and the loss of community which can protect them from racism.
5.15.14 Children and their mothers may have an uncertain immigration status, which could prevent them from accessing services. The mother may also be hesitant to take action against her partner for fear of losing her right to remain in the UK. In some cases, women have received threats of deportation from their partner or extended family if they report domestic abuse and have had their passports taken from them.
5.15.15 Children and their mothers may face the additional challenge to engaging with services in that English is not their first language. When working with these children and families, professionals should use professional interpreters who have a clear Criminal Records Bureau check; it is not acceptable to use a family member or friend, and members of the extended community network should also be avoided wherever possible.
5.15.16 Children and / or mothers with disabilities may be especially vulnerable in situations where the abuser is also their primary carer, and some refuges may lack appropriate facilities to respond to their particular needs. The British Crime Survey consistently shows that disabled people are much more likely to experience domestic abuse than non disabled people.
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The impact of domestic abuse on unborn children
5.15.14 In almost a third of cases domestic abuse begins or escalates during pregnancy and it is associated with increased rates of miscarriage, premature birth, foetal injury and foetal death. The mother may be prevented from seeking or receiving proper ante-natal or post-natal care. In addition, if the mother is being abused this can affect her attachment to her child, more so if the pregnancy is a result of rape by her partner.
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The impact of domestic abuse on mothers and their ability to parent
5.15.15 A parent (in most families usually the mother) may have difficulty in looking after children when domestic abuse results in physical injuries. The impact on parenting is often more subtle. This is particularly so because domestic violence very often co-exists with high levels of punishment, the misuse of power and a failure of appropriate self-control by the abusive partner.
5.15.16 Many mothers seek help because they are concerned about the risk domestic abuse poses to their child/ren. However, domestic abuse may diminish a mother’s capacity to protect her child/ren and mothers can become so preoccupied with their own survival within the relationship that they are unaware of the effect on their child/ren.
5.15.17 Mothers subjected to domestic abuse have described a number of physical effects, including frequent accommodation moves, economic limitations, isolation from social networks and, in some cases, being physically prevented from fulfilling their parenting role by the abuser. The psychological and emotional abuse has a profound negative impact can include:
- Loss of self-confidence as an individual and parent;
- Depression
- Feelings of degradation
- Problems with sleep
- Isolation
- Increased medication and use of alcohol
- Feeling emotionally and physically drained, and distant from the children;
- Not knowing what to say to the children;
- Inability to provide appropriate structure, security or emotional and behavioural boundaries for the children;
- Difficulty in managing frustrations and not taking them out on the children;
- Inability to support the child/ren to achieve educationally or otherwise.
- Mothers subjected to domestic abuse can experience sexually transmitted diseases and/or multiple terminations.
5.15.18 Belittling and insulting a mother in front of her children undermines not only her respect for herself, but also the authority she needs to parent confidently. A mother’s relationship with her children may also be affected because, in attempts to avoid further outbursts of abuse, she prioritises her partner’s needs over those of her children.
5.15.19 Domestic abuse contributes directly to the breakdown of mental health and mothers experiencing domestic abuse are very likely to suffer from depression and other mental health difficulties leading to self-harm, attempted suicide and/or substance misuse.
5.15.20 Each child or young person’s needs must be considered individually. Practitioners working with any child or young person presenting with emotional and behavioural difficulties should consider the possible presence of domestic abuse.
5.15.21 Where practitioners are concerned about the care a child is receiving or about a mother’s parenting, the presence of domestic abuse should be considered.
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Good practice guidelines
Practitioners
5.15.22 Professionals in all agencies are in a position to identify or receive a disclosure about domestic abuse. Professionals should be alert to the signs that a child or mother may be experiencing domestic abuse or that a father/partner may be perpetrating domestic abuse. Everyone working with women and children should be alert to the frequent inter-relationship between domestic abuse and other issues which should be considered, such as drugs and alcohol misuse, deprivation and social exclusion, homelessness and housing needs, mental health difficulties, or child abuse and/or animal abuse.
5.15.23 Education, early years and health service professionals are well placed to identify domestic abuse. Safe information sharing arrangements are necessary to ensure that staff are confident about when and how to share information between education, children’s social care, health and the police is key. Guidance on best practice for health service staff is available to all practitioners in the toolkit Improving safety, Reducing harm: Children, young people and domestic violence - A practical toolkit for front line practitioners (DH, 2009)255. The toolkit provides information on children and domestic abuse, including the ways children experience domestic abuse and the impact of abuse.
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Enabling disclosure for mothers
5.15.24 Practitioners will work with many women who are experiencing domestic abuse who have not disclosed - women usually experience 35 incidents before reporting it to the police. The reason for this is usually because the mother fears that the disclosure (and accepting help) will be worse than the current situation. A mother may:
- Minimise her experiences and/or not define them as domestic abuse, especially if there is no physical violence
- Fear that her child or children will be taken into care
- Fear the abusive partner will find her again through lack of confidentiality
- Believe her abusive partner’s promise that it will not happen again (many mothers do not necessarily want to leave the relationship, they just want the violence to stop)
- Feel shame and embarrassment and may believe it is her fault
- Feel she will not be believed
- Fear the abuser will have her detained
- Fear she will be deported
- Fear that his status will be exposed and she will be punished with an escalation of violence
- Be scared of the future (where she will go, what she will do for money, whether she will have to hide forever and what will happen to the children)
- Be isolated from friends and family or be prevented from leaving the home or reaching out for help
5.15.25 Practitioners should;
- Ensure posters and leaflets about domestic abuse and available support services should be prominently displayed. Copies are available from the Co-located Domestic Abuse Team on (01472) 324944 or Women’s Aid (01472) 575757
- Ensure women, accompanied or not, should be offered the opportunity of being seen alone - including in all assessments - with a female practitioner, and asked whether they have experienced domestic abuse.
- Sensitively offer direct questions for women to answer.
- Take all disclosures seriously and the impact of the domestic abuse on the mother and her child or children should be clearly explained to her.
- Explain that priority will be given to ensuring that the family’s safety will not be further compromised i.e. that no information will be passed on without the mother’s consent. However that this position will be compromised if there is evidence of risk of harm to the child or children, then the overriding duty is to protect the child or children.
- Explain the impact of domestic abuse on the mother and her children
- When they become aware through disclosure or otherwise that a mother is experiencing domestic abuse, check whether she has an effective emergency plan/strategy for keeping herself and her children safe. Separation itself does not ensure safety, it often temporarily increases the risk to the children or mother and is a factor that should be incorporated into the safety plan. Safety Plan booklets are available from the Co-located Domestic Abuse Team on (01472) 324944 or Women’s Aid (01472) 575757
- Record fully all disclosures, details of injuries, photographic evidence, abuse history etc in case it is needed as evidence for court at a later date.
- Include the incorporation of routine enquiry about domestic abuse into health and social care assessments as this has been effective in increasing disclosure; and evidence suggests that victims of domestic abuse are more likely to disclose if they are asked directly. Pregnancy is an opportune time to ask women about domestic abuse as many mothers say that it made them think seriously about the future and how their children might be affected by the abuse in the long-term.
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Enabling disclosure for a child
5.15.26 Children affected by domestic abuse often find disclosure difficult or go to great lengths to hide it. This could be because the child is:
- Protective of their mothers
- Protective of their abusing parent
- Extremely fearful of the consequence of sharing family ‘secrets’ with anyone. This may include fears that it will cause further violence to their mother and/or themselves
- Being threatened by the abusing parent
5.15.27 Practitioners should always see each child on their own. Then talking with and listening to a child about domestic abuse practitioners should:
- Never promise complete confidentiality – explain your responsibilities.
- Do promise to keep the child informed of what is happening.
- Give the child time to talk and themselves time to understand the situation from the child’s perspective.
- Create opportunity for the child to disclose whether in addition to the domestic abuse they are also being, or at risk of being, directly physically or sexually abused by the abusive partner.
- Be straight and clear, use age appropriate language.
- Encourage them to talk with their mother – as appropriate.
- Emphasise that the violence is not their fault.
- Let them know that they are not the only children experiencing this.
- Make sure that they understand it is not their responsibility to protect their mother, whilst validating the child’s concern and any action they may have taken to protect their mother.
- Do not assume that the child or young person will hate the abuser, it is likely that they will simply hate the behaviour.
- Allow them to express the feelings about what they have experienced.
- Check with the child whether they know what to do to keep themselves safe and have a network of adults who they trust. If not, work on this with them or ensure that any work done with the child by other practitioners includes safety planning.
- Recognise that children will have developed their own coping strategies to deal with the impact of violence and abuse. Some of these may be negative in the longer term for the child, but where they are positive they should be drawn on to develop safety strategies for the future.
- Do not minimise the violence.
- Offer them support with any difficulties in school or ensure that any work done with the child by other practitioners includes support in school.
- Give the child information about sources of advice and support they may want to use.
- Give the message that the child can come back to you again.
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Making a Referral
5.15.28 If there is evidence of significant harm to the child or children then practitioners must consider what action is required to safeguard them. Please see Section 3.
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Child abuse linked to belief in possession or witchcraft or in other ways related to spiritual or religious belief
5.16.1 The belief in “possession” and “witchcraft” is more widespread than might be thought. It is not confined to particular countries, cultures or religions, nor is it confined to new immigrant communities in this country. Child abuse linked to a belief in spirit possession sometimes stems from a child or young person being used as a scapegoat. Whilst specific beliefs, practices, terms or forms of abuse may exist, the underlying reasons for the abuse are often similar to other contexts in which children and young people become at risk of poor outcomes due to factors such as family stress, deprivation, domestic violence, substance misuse, etc. Also children and young people with a disability, an illness, learning needs, or are exceptionally bright might be targeted as well.
5.16.2 The definition of ‘belief in spirit possession’ is defined as the belief that an evil force has entered a child and is controlling him or her. Sometimes the term ‘witch’ is used and is defined as the belief that a child or young person is able to use an evil force to harm others. There is also a range of other language that is connected to such abuse. This includes black magic, kindoki, ndoki, the evil eye, djinns, voodoo, obeah, demons and child sorcerers. In all these cases genuine beliefs can be held by families, carers, religious leaders, congregations and the children themselves that evil forces are at work. Exorcism is defined as attempting to expel evil spirits from a child or young person.
5.16.3 The number of known cases of child abuse linked to accusations of “possession” or “witchcraft” is small, but the nature of the child abuse can be particularly disturbing and the children and young people involved can suffer damage to their physical and mental health, capacity to learn, ability to form relationships and self-esteem.
5.16.4 Professional with safeguarding responsibilities need to be able to identify links, where they exist, between individual cases of such child abuse and individual faith leaders as well as wider belief, faith or community practices.
5.16.5 Local agencies and institutions should also work to minimise risk of harm, by building trust and understanding of child abuse issues with local communities.
5.16.6 The abuse usually occurs in the household where the child or young person lives. It may also occur in a place of worship where alleged ‘diagnosis’ and ‘exorcism’ may take place. The most common forms of abuse include;
- Physical abuse - in the form of beating, shaking, burning, cutting, stabbing, semi-strangulating, tying up the child, or rubbing chilli peppers or other substances on the child’s genitals, eyes or placing chilli peppers or other substances in the child’s mouth;
- Emotional/psychological abuse - in the form of isolation, for example not allowing the child to eat or share a room with family members or threatening to abandon them, or telling a child they are evil or possessed. The child may also accept the abuse if they are coerced into believing they are possessed;
- Neglect - in the form of failure to ensure appropriate medical care, supervision, regular school attendance, good hygiene, nourishment, clothing or keep the child warm;
- Sexual abuse - children abused in this way may be particularly vulnerable to sexual exploitation, perhaps because they feel powerless and worthless and feel that they will not believed if they tell someone about the abuse.
5.16.7 Agencies should look for these indicators, be able to identify children and young people at risk of this type of abuse and intervene to prevent it. They should apply basic safeguarding children principles including: sharing information across agencies; being child-focused at all times; and keeping an open mind when talking to parents and carers.
5.16.8 A belief in spirits and possession is relatively widespread, whilst abuse linked to such beliefs is rare. This kind of abuse is not confined to particular countries, cultures, religions or communities. Abusers will appear to be quite ordinary and may be family members, family friends, carers, faith leaders or other figures in the community. There are however, a number of common factors that put the child or young person at risk of harm:
- Rationalising misfortune by attributing it to spiritual forces - Generally occurs when problems within a family or in their broader circumstances exist. Rationalisation takes the form of believing oneself to be cursed and that a child or young person is the source of the problem because they have become possessed by evil spirits.
- Scapegoating because of an obvious or perceived difference - A child or young person can be viewed as different for disobedience, rebelliousness, over-independence, bed-wetting, nightmares, illness, perceived or physical abnormality or disability. Above all else is a perception that the child or young person is different.
- Belief in evil spirits.
- Social factors including;
- Changes in family structure of dynamics
- A family’s disillusionment with life or negative experience of migration
- A parent’s or carer’s mental health
5.16.9 They should follow the guidance set out in document Working Together 2010 in their work with all children and families, ensure they liaise closely with colleagues and make connections with key people in the community, especially when working with new immigrant communities, so that they can ascertain the different dimensions of a family’s cultural beliefs.
5.16.10 Concerns about a place of worship may emerge where:
- A lack of priority is given to the protection of children and there is reluctance by some leaders to get to grips with the challenges of implementing sound safeguarding policies or practices.
- Assumptions exist that ‘people in our community’ would not abuse children or that a display of repentance for an act of abuse is seed to mean that an adult no longer poses a risk of harm.
- There is denial or minimisation of the rights of the child or the demonisation of individuals.
- There is a promotion of mistrust if secular authorities.
- There are specific unacceptable practices that amount to abuse.
5.16.11 Good practice guidance for agencies, Safeguarding Children from Abuse Linked to a Belief in Spirit Possession, was published in April 2007.
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Child abuse and information technology
Guidance: The following legislation, policies and guidance documents are relevant to the issue of child abuse and information technology:
5.17.1 The Internet is an unmanaged, open communication channel. The World Wide Web, e-mail, blogs and (particularly) social networks, all transmit information using the internet’s communication infrastructure internationally. It is an invaluable resource used by millions daily. However, potential accessibility to inappropriate sites means that children and young people need to be guided and supported in developing critical skills necessary to evaluate on-line material and awareness of the risks they can be at by publishing personal information on-line.
5.17.2 All providers of Children and Family Services, in which there are access to such technologies, must seek to ensure they have met the right balance, as far as is possible, between controlling access, setting rules and educating children and young people in the responsible use of technologies and establishing a means of ensuring safe, consistent and responsible ICT usage.
5.17.3 Providers of such services are required to have an e-safety policy which will help and support children and young people, and staff, when using technology. As part of this process it will be necessary to have in operation an Acceptable User Policy (AUP) which users sign and comply with. Both children and young people and staff should be informed of the potential consequences for breaching the AUP. Given the rapid development and accessibility of the Internet it is necessary that these are subject to regular annual review and, as necessary, amendment.
5.17.4 The Internet has, in particular, become a significant tool in the distribution of indecent photographs/pseudo photographs of children and young people. Internet chat rooms, discussion forums and bulletin boards are used as a means of contacting children and young people with a view to grooming them for inappropriate or abusive relationships, which may include requests to make and transmit pornographic images of themselves or to perform sexual acts live in front of a web cam.
5.17.5 Contacts made initially in a chat room are likely to be carried on via email, instant messaging services, mobile phone or text messaging. There is also growing cause for concern about the exposure of children and young people to inappropriate material via interactive communication technology, e.g. adult pornography and/or extreme forms of obscene material. Allowing or encouraging a child or young person to view such material over an appreciable amount of time may warrant further enquiry. Children and young people themselves can engage in text bullying and use mobile camera phones to capture violent assaults of other children and young people for circulation, see Section 5.12 Bullying.
5.17.6 There is some evidence that persons found in possession of indecent photographs/pseudo photographs of children and young people are likely to be involved directly in child abuse. Thus, when somebody is discovered to have placed or accessed such material on the internet, the Police should normally consider the potential likelihood that the individual is involved in the active abuse of children. In particular, the individual's access to children and young people should be established, within the family, employment contexts and in other settings (e.g. work with children as a volunteer or in other positions of trust).
5.17.7 If there are particular concerns about one or more specific children, it may be necessary to undertake Section 47 Children’s Act 1989 enquiries. See the Internet Watch Foundation of concerns about possible child pornography and other illegal materials on the internet.
5.17.8 Children and young people interact with new technologies such as mobile phones, games consoles and the internet on a daily basis and experience a wide range of opportunities, attitudes and situations. Whilst the vast majority of this is positive and beneficial it can also place them at risk of harm.
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Cyber-bullying
5.17.9 Cyber bullying is the use of Information and Communications Technology (ICT), particularly mobile phones and the internet, deliberately to upset someone else. It can include threats, harassment, embarrassment, humiliation, defamation or impersonation. It can also include generalised insults or prejudice-based cyber bullying such as homophobic, sexist, racist or other forms of discrimination. It should be noted that cyber bullying can also include staff working with children and young people who are victims.
5.17.10 Cyber bullying can be via e-mail, virtual learning environments, chat rooms, websites, social networking sites, instant messaging, mobile and fixed point phones (including texts), digital cameras, games and virtual world sites. As a form of bullying cyber bullying is particularly invidious as it can occur 24/7, anywhere – including previously safe places such as at home. The number of participants and/or audience is potentially massive.
5.17.11 Where it is known that a child or young person is being subjected to cyber bullying this should be dealt with as a safeguarding matter and procedures enacted. Consideration should also be made as to whether the perpetrator has committed a criminal offence? Where cyber bullying is occurring within a school setting, or during an outside school activity consideration should be made as to whether powers under the Education and Inspections Act 2006 can be invoked. By virtue of this staff scrutiny of electronic equipment and/or confiscation can be undertaken.
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Missing children and young people and / or their families
5.18.1 Children who decide to run away are unhappy, vulnerable and in danger. As well as short term risks to their immediate safety there are longer term implications as well with children and young people who run away being less likely to fulfil their potential and live happy, healthy and economically productive lives as adults.
5.18.2 In July 2009 the Government published new statutory guidance setting how local authorities and agencies should respond when a child or young person goes missing. Local and regional Runaway and Missing from Home and Care protocols should be agreed between Children and Family Services, the police and other agencies and relevant voluntary sector agencies. The Runaway and Missing from Home and Care Protocol is seperate to the Children who go Missing from Education Protocol. However, close links are maintained between the lead officers for both sections in these circumstances where there are shared issues.
5.18.3 Return interviews for children and young people missing from both home and care are a crucial element in exploring the reasons they ran away and instances where the young person has run away from care, referring on, or linking into, care planning as appropriate. Where there is the possibility that the young person has runaway or gone missing as a result of child protection concerns the local authority where the child is placed, in liaison with the authority responsible for the child’s placement and in partnership with the police, must follow its procedures to safeguard and promote the welfare of children in the area where the child is living (see also the National Minimum Standards for fostering services and residential care).
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Children who go missing from education
5.18.4 If a child or young person is receiving an education, not only do they have the opportunity to fulfil their potential, they are also in an environment which enables local agencies to safeguard and promote their welfare. If a child or young person goes missing from education they could be at risk of significant harm.
5.18.5 Definition of children missing from education – children missing from education refers to all children of compulsory school age who are not on school roll, nor being educated otherwise (e.g. privately or in alternative provision). It also refers to any child whose name has been deleted from a schools admissions register (after the school and Local Authority have made reasonable enquiry to locate the pupil before the decision is made); leave a school/authority and future provision is unknown; or fails to return from extended leave within 10 school days.
5.18.6 Children go missing from the education system because they;
- Fail to start school at Reception entry, hence never entering the authority’s system
- Fail to complete transition at;
- Key Stage 1 to 2 (Infants to Juniors); or
- Key Stage 2 to 3 (Primary to Secondary)
- Medical reasons
- Cease to attend due to unofficial exclusion
- Are withdrawn by parent/carer
- Elective Home Education
- Transfer between local authorities
- Are transient and traveller families
- Arrive in the country via asylum, refugee status or as EU nationals
- Permanent exclusion
- Fail to attend alternative provision or work placements
- Cease to attend for an unknown reason
- Teenage mothers
- Young Carers
- Children living in women’s refuges
- Young people who have committed offences
- Looked After Children
- Children living with families in temporary accommodation
5.18.7 Their personal circumstances or those of their families may contribute to the withdrawal process and the failure to make a transition.
5.18.8 There is a Child Missing Education (CME) named point of contact in every Local Authority. Every practitioner working with a child or young person has a responsibility to inform their CME contact if they know or suspect that a child or young person is not receiving education.
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Migrant children
5.19.1 Over recent years the number of migrant children and young people in the UK has increased for a variety of reasons, including the expansion of the world global economy and incidents of war and conflict.
5.19.2 Large numbers of children and young people arrive into this country from overseas every day. Many of these children do so legally in the care of their parents and do not raise any concerns for statutory agencies. However, recent evidence indicates that many children are arriving into the UK.
- In the care of adults who, whilst they may be their carers, have no parental responsibility for them
- In the care of adults who have no documents to demonstrate a relationship with the child or young person
- Alone
- In the care of agents
5.19.3 Evidence shows that unaccompanied children or young people or those accompanied by someone who is not their parent are particularly vulnerable. The children and many of their carers will need assistance to ensure that the child or young person receives adequate care and accesses Health and Education services.
5.19.4 A small number of these children and young people may be exposed to the additional risk of commercial, sexual or domestic exploitation.
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The status of children who arrive from abroad and legal duties towards them
5.19.5 Children who arrive in the UK alone or who are left at a port of entry by an agent invariably have no right of entry and are unlawfully present. They are likely to be in a position to claim asylum and this should be arranged as soon as possible if appropriate. They are the responsibility of the Children's Social Care to support until they are 18 years of age, under Section 17 or Section 20 of the Children Act 1989. If their asylum claim is not resolved before they reach 18 years old, support after the age of 18 years is provided jointly by National Asylum Support Services (NASS) and Social Services.
5.19.6 Children who arrive in the UK with or to be with carers without parental responsibility may have leave to enter the country or visas or may be in the UK unlawfully. Local Authority Children’s Services may have responsibilities towards them under the Private Fostering Regulations. If the child or young person is assessed to be in need, support can be provided by Children's Social Care for the child and for the family, if this is not excluded by section 54 of the National Immigration Act 2002. If the child or young person is cared for by relatives, Private Fostering Regulations may not apply. See section 5.8 ‘children living away from home’
5.19.7 Some children who arrive in the UK with their parents belong to families of European Economic Association nationals migrating into the UK. Such families cannot be supported by the Directorate of Children’s Services except for the provision of return travel (and associated accommodation).
5.19.8 If such families decide to stay and seek further help, Children's Social Care still has responsibilities towards any child who is in need, including to provide accommodation for the child alone. Department of Work and Pensions practice is to declare such families ordinarily resident after 3 months and to pay relevant benefits. Housing Department practice is to consider housing after 6 months. Children's Social Care remains in the position that services may only be provided direct to the child alone.
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Child victims of trafficking
5.20.1 Trafficking in people involves a collection of crimes spanning a variety of countries and involving an increasing number of victims – resulting in considerable suffering for those trafficked. It includes the exploitation of children and young people through force, coercion, threat and the use of deception and human rights abuses such as debt bondage, deprivation of liberty and lack of control over one’s labour. Exploitation occurs through prostitution and other types of sexual exploitation and through labour exploitation. It includes the movement of people across borders and also the movement and exploitation within borders.
5.20.2 The UK is a transit and destination country for trafficked children and young people. There is thought to be some exploitation of children and young people in situations of domestic service or for the purpose of benefit fraud and involvement in criminal activity. There have been occasional instances of minors (mainly 16 and 17 year olds) being exploited in the sex industry. Although there is no evidence of other forms of exploitation such as ‘organ donation, or ‘harvesting’, all agencies should remain vigilant.
5.20.3 Such children and young people enter the UK through various means. Some enter as unaccompanied asylum seekers, or students or as visitors. Children and young people are also brought in by adults who state that they are their dependents, or are met at the airport by an adult who claims to be a relative. It has been suggested that children and young people have been brought in via internet transactions, foster arrangements and contracts as domestic staff. In some cases girls aged 16 or 17 will have been tricked into a bogus marriage for the purpose of forcing them into prostitution.
5.20.4 Child protection procedures will always apply where there is suspicion that a child or young person may be being trafficked. A trafficked child or young person is a victim of a serious crime.
5.20.5 A number of factors identified by the initial assessment may indicate that a child has been trafficked:
- The child may present as unaccompanied or semi accompanied
- The child may go missing
- The multi use of the same address may indicate that it is an “unsafe house” or that the house is being used as a sorting house
- Contracts, consent and financial inducement with parents may become apparent
- The child may hint at threats to family in their home country for non co-operation or disclosure
- There may be talk of financial bonds and the withholding of documents
- Befriending of the vulnerable child
- False hopes of improvement in their lives (escaping war, famine, poverty or discrimination)
5.20.6 If it is identified that a child or young person may be being trafficked for the purposes of sexual exploitation the Sexual Exploitation guidance should be followed. As soon as suspicions are raised that a child or young person is being trafficked, immediate action to safeguard the child is required. This includes urgent liaison with the Police. Planning of the investigations should be within a strategy meeting, in order to ensure that both the safety of this individual child and the investigation of organised criminal activity are addressed.
5.20.7 Early identification is key to protecting children who may have been trafficked. The child trafficking assessment toolkit has been developed to help front line staff identify children who have potentially been trafficked as part of a new National Referral mechanism.
5.20.8 Children and young people are also trafficked for the purpose of domestic labour. These children and young people may be less obvious and their use to the family may be more likely to be picked up during a private fostering assessment, or because someone notices that they are living at a house, but not in school etc. Children and young people who enter the country apparently as part of re-unification arrangements can be particularly vulnerable to domestic exploitation.
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Unaccompanied asylum seeking children (UASC)
5.20. 9 A UASC is an asylum seeking child under the age of 18 who is not living with their parent, relative or guardian in the UK. In most cases UASC will be referred to the Local Authority by the UK border agency shortly after they arrive in the United Kingdom
5.20.10 Any unaccompanied child or young person should receive an initial assessment in order to determine whether they are a child in need of services including the need for protection regardless of their immigration status. Any assessment will need to take into account cultural, linguistic and religious differences as well as to take into account the particular sensitivities which come from the experiences of many such children and young people.
5.20.11 Such children and young people should be assessed as a matter of urgency as they may be geographically mobile and their vulnerabilities may be greater. All agencies should enable the child or young person to be linked quickly into universal services which can begin to address their educational and health needs.
5.20.12 The child will not have a parent, relative or other suitable carer in the United Kingdom. In the majority of cases this assessment will lead to them being accommodated. Once UASC become accommodated children under Section 20 of the Children Act 1989 they require a Care Plan (Pathway Plan at 16+) which must be based on this comprehensive assessment of their needs, taking account of the following dimensions:
- Health (including mental health such as whether post traumatic support and counselling is needed);
- Education;
- Emotional and Behavioural Development;
- Identity;
- Family and social relationships;
- Social Presentation; and
- Self care skills including the child's understanding of the implications of their immigration status and the skills required to manage transitions.
5.20.13 In assessing the needs of the UASC and providing effective local care the local authority should maintain close links with UK border agency worker responsible for resolving the Childs immigration status. The responsible LA should provide services for the UASC on the basis of the above assessment, irrespective of their immigration status.
5.20.14 Where there are safeguarding concerns relating to the care and welfare of any UASC this would be investigated in line with the LSCB procedures
5.20.15 For further information please see the joint guidance published by the DCSF and the Home Office in December 2007 “Safeguarding Children who may have been Trafficked”.
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Children who are accompanied by someone who is not their parent
5.20.16 Children and young people arriving from abroad with someone who is not their parent and /or in the care of adults who have no documents to demonstrate a relationship with the child or young person should be assumed to be a child in need unless assessment indicates that this is not the case. The assessment of need should include a separate discussion with the child or young person in a setting where, as far as possible, they feel able to talk freely. Be prepared to actively seek out information from other sources.
5.20.17 Private fostering regulations will apply unless an appropriate relationship can be determined.
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Children affected by gang activity
5.21 Children and young people who become involved in gangs are at risk of violent crime and as a result of this involvement are deemed vulnerable. Agencies and professionals have a responsibility to safeguard these children and young people and to prevent further harm both to the young person and other potential victims. Risks associated with gang activity include access to weapons (including firearms), retaliatory violence and territorial violence with other gangs. Other risks include increased likelihood of involvement in knife crime, sexual violence and substance misuse. The recently published guidance of Safeguarding Children and Young People who may be affected by Gang Activity is intended to assist agencies and professionals ensure the safeguarding process effectively responds to children and young people at risk of gang related violence. The guidance promotes an approach whereby agencies should work together to:
- clearly define the local problem
- understand the risks posed by local gangs
- effectively identify young people at risk
- assess the needs of children, young people and their families
- identify effective referral pathways
- support professionals in delivering effective interventions; and
- define the role of the LSCB and other agencies.
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Children of armed services personnel
5.21.1 Young people under 18 may be in the armed forces as recruits or trainees, or may be dependants of a service family. The life of a service family differs in many respects from that of a family in civilian life, particularly for those stationed overseas, or on bases and garrisons in the UK. The services support the movement of the family in response to service commitments. The frequency and location of such moves make it essential that the service authorities are aware of any concerns regarding safeguarding and promoting the welfare of a child from a military family. The armed forces are fully committed to co-operating with statutory and other agencies in supporting families in this situation, and have procedures to help safeguard and promote the welfare of children. In areas of high concentration of service families, the armed forces seek particularly to work alongside local authority children’s social care, including through representation on LSCBs and at child protection conferences and reviews.
5.21.2 Looking after under-18s in the armed forces comes under the MoD’s comprehensive welfare arrangements, which apply to all members of the armed forces. Commanding Officers are well aware of the particular welfare needs of younger recruits and trainees and, as stated above, are fully committed to co-operating with statutory and other agencies in safeguarding and promoting the welfare of under-18s. Local authority children’s social care already has a responsibility to monitor the well-being of care leavers, and those joining the armed forces should have unrestricted access to local authority social care workers.
5.21.3 Local authorities have the statutory responsibility for safeguarding and promoting the welfare of the children of service families in the UK. All three services provide professional welfare support, including ‘special to type’ social work services to augment those provided by local authorities. In the Royal Navy (RN) this is provided by the Naval Personal and Family Service (NPFS) and the Royal Marines Welfare Service; within the army this is provided by the Army Welfare Service (AWS); and in the Royal Air Force by the Soldiers Sailors Airmen and Families Association-Forces Help (SSAFA-FH).
5.21.4 When service families or civilians working with the armed forces are based overseas, the responsibility for safeguarding and promoting the welfare of their children is vested with the MoD, who fund the British Forces Social Work Service (Overseas). This service is contracted to SSAFA-FH, who provide a fully qualified Social Work and Community Health service in major overseas locations (for example, in Germany and Cyprus). Instructions for the protection of children overseas, which reflect the principles of the Children Act 2004 and the philosophy of inter-agency cooperation, are issued by the MoD as a Joint Service Publication (JSP). Larger overseas commands issue local child protection procedures, hold a Command list of children who are the subject of a child protection plan and have a Command Safeguarding Children Board, which operates in a similar way to those set up under this guidance, in upholding standards and making sure that best practice is reflected in procedures and observed in practice.
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Movement of children between the United Kingdom and overseas
5.21.5 Local authorities should ensure that SSAFA-FH, the British Forces Social Work Service (Overseas), or the NPFS for RN families is made aware of any service child who is the subject of a child protection plan and whose family is about to move overseas. In the interests of the child, SSAFA-FH, the British Forces Social Work Service (Overseas) or NPFS can confirm that appropriate resources exist in the proposed location to meet identified needs. Full documentation should be provided and forwarded to the relevant overseas command. All referrals should be made to the Director of Social Work, HQ SSAFA FH or Area Officer, NPFS (East) as appropriate. Comprehensive reciprocal arrangements exist for the referral of child protection cases to appropriate UK authorities, relating to the temporary or permanent relocation of such children to the UK from overseas.
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United States Forces stationed in the United Kingdom
5.21.6 Each local authority with a United States (US) base in its area should establish liaison arrangements with the base commander and relevant staff. The requirements of English child welfare legislation should be explained clearly to the US authorities, so that local authorities can fulfil their statutory duties.
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Enquiries about children of ex-service families
5.21.7 Where a local authority believes that a child who is the subject of current child protection processes is from an ex-service family, NPFS, AWS or SSAFA-FH can be contacted to establish whether there is existing information that might help with enquiries. Such enquiries should be addressed to NPFS, AWS or the Director of Social Work, SSAFA-FH.
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Royal Navy
5.21.8 All child protection matters within the Royal Navy are managed by the Naval Personnel and Family Service (NPFS), the Royal Navy’s Social Work Service Department. This provides a confidential and professional social work service to all Naval personnel and their families, liaising as appropriate with local authority Directorates of Children and Family Services. Child protection issues involving the family of a member of the Royal Navy should be referred to the relevant Area Officer, NPFS.
NPFS Eastern Area Portsmouth (02392) 722712 Fax: 725803
NPFS Northern Area Helensburgh (01436) 672798 Fax: 674965
NPFS Western Area Plymouth (01752) 555041 Fax: 555647
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Royal Marines
5.21.9 The Royal Marines Welfare Service is staffed by trained but unqualified Royal Marine senior non-commissioned officers (NCOs). They are accountable to a qualified social work manager at Headquarters Royal Marines, Portsmouth. For child protection matters involving Royal Marines families, Directorates of Children and Family Services should notify SO3 (WFS) at Portsmouth. Tel: (02392) 547542.
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Army
5.21.10 The provision of welfare support to Army families in the UK is the responsibility of the Army Welfare Service (AWS): AWS also liaises with Local Authorities particularly where a child or young person is subject to child protection concerns.
Chief Personal Support Officer, HQ AWS, HQ Land Command, Erskine Barracks, Wilton, Salisbury, Wiltshire SP2 0AG.
Tel: (01722) 436564 Fax: (01722) 436307
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Royal Air Force
5.21.11 Welfare support for families in the RAF is managed as a normal function of command and co-coordinated by each Station’s Personnel Officer, the Officer Commanding Personnel Management Squadron (OCPMS) or the Officer Commanding Administrative Squadron (OCA), depending on the size of the Station. A number of qualified SSAFA-FH social workers and social work assistants are employed to help.
5.21.12 Whenever a child protection investigation concerns the child of a serving member of the RAF, the relevant Directorate of Children and Family Services should notify the parent’s Unit or, if this is not known, contact the OCPMS/OCA of the nearest RAF unit. Alternatively the SSAFA-FH Head of Service RAF can be contacted at:
Head of Service, SSAFA-FH Help Social Work Service, RAF (UK), HQ Personnel and Training Command, RAF Innsworth, Gloucester, GL3 1EZ
Tel: (01452) 712612 Ext. 5815/5840 Fax: (01452) 510875
The Director of Social Work SSAFA Forces-Help, 19 Queen Elizabeth Street, London, SE1 2LP.
Tel: 020 7403 8783 Fax: 020 7403 8815
5.21.13 For any child being taken abroad and subject to child protection procedures or the subject of a Child Protection Plan, The Director of Social work SSAFA- Forces Help must be consulted, using the same details shown above.
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Overseas
5.21.15 The following should be consulted:
Royal Navy
Area Officer (NPFS) Eastern, HMS Nelson, Queen Street, Portsmouth, PO1 3HH
Tel: (02392) 722712 Fax: (02392) 725083
Army and Royal Air Force
The Director of Social Work, SSAFA-Forces Help, 19 Queen Elizabeth Street, London SE1 2LP
Tel: 020 7403 8783 Fax: 020 7403 8815
5.21.16 For any child or young person being taken abroad and subject to child protection procedures or the subject of a Child Protection Plan, The Director of Social work SSAFA- Forces Help must be consulted, using the same details shown above.
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