This chapter relates to severe harm, which maybe caused to children by the abusive and bullying behaviour of other children, which may be of a physical, sexual or emotional nature.
Bullying is a common form of deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for the victims to defend themselves.
The damage inflicted by bullying is often underestimated and can cause considerable distress to children to the extent that it affects their health and development. In the extreme it can cause significant harm, including self-harm.
It can take many forms, but the three main types are physical (e.g. hitting, kicking, theft), verbal (e.g. racist or homophobic / religious remarks, threats, name calling) and emotional (e.g. isolating an individual from social activities).
Schools are required to adopt policies to combat bullying and in the first instance cases should be dealt with under such policies
All providers of services to children should also adopt policies to combat bullying as identified in the Bullying Procedure.
Where there are concerns about sexual abuse or serious or persistent physical or emotional abuse, referrals should be made to Children's Social Care or the Police Child and Public Protection Unit (Police CPPU).
Bullying may involve an allegation of crime (assault, theft, harassment) and this must be reported to the police at the earliest opportunity.
The same signs and symptoms of abuse that pertain to the abuse of children by adults are applicable to the abuse of children by other children
The effect on the victim of intimidation and peer pressure by their abuser may make disclosure difficult for the victim.
Professionals must decide in the circumstances of each case whether or not behaviour directed at another child should be categorised as abusive or not. It will be helpful to consider the following factors:
In sexual abuse between children it is important to determine what is developmentally normal sexual experimentation and what is coercive
When there is suspicion or an allegation of a child having been sexually abused or being likely to sexually abuse another child, it should be referred immediately to Children's Social Care or the Police CPPU.
Concerns about possible abuse by one child of another are frequently first considered within a school environment and it may frequently be unclear if the circumstances should be considered under child protection procedures or not.
Where it is clear that the concern is one of child protection there should be no delay in the referral to Children's Social Care e.g. disclosure or witnessing of sexual abuse.
Where further assessment is required prior to deciding the extent and nature of the concerns, the school should:
These procedures are additional to those that apply to all children.
The interests of the identified victim must always be the paramount consideration. However, whenever a child may have abused another, all agencies must be aware of their responsibilities to both individuals and multi-agency management of the case must reflect this.
It is likely that the abuser may pose a significant risk of harm to other children, have considerable needs themselves and may also be or have been the victim of abuse.
On receipt of a referral to Children's Social Care, an initial discussion must take place between Children's Social Care and the Police CPPU to share the information and determine whether the threshold for S.47 enquiries has been reached.
The Police CPPU will also decide whether a criminal offence is alleged.
Where the decision is reached that the alleged behaviour does not constitute abuse or the child is under the age of criminal responsibility, and there is no need for further enquiry or criminal investigation, the details of the referral and the reasons for the decision must be recorded.
In all cases where the suspected abuser is a young person,Children's Social Care must convene a strategy discussion (see Strategy Discussion Procedure) with Police CPPU and any other relevant agencies within the S.47 time-scales.
When the young people concerned are the responsibility of different local authorities, each must be represented at the Strategy Discussion, which will usually be convened and chaired by the authority in which the victim lives.
The strategy discussion must consider the needs of both children. Best practice would be for separate meetings to be convened for victim and alleged abuser.
A different social worker may be allocated for the victim and the abuser, even when they live in the same household, to ensure that both are supported through the process of the enquiry and that both their needs are fully assessed.
Where a strategy meeting is convened, it will be chaired by Children’s Social Care and a written record made. Consideration must be given to inviting the following people to a meeting:
The meeting must plan in detail the respective roles of those involved in enquiries and ensure the following objectives are met:
In planning the investigation the following factors should be considered:
Where there is suspicion that the child is both an abuser and a victim of abuse, the strategy meeting must consider the order in which interviews will take place.
The conduct of any investigation will be discussed within a strategy meeting and at the interview planning meeting to ensure the requirements of the Police and Criminal Evidence Act (PACE) 1984 and Achieving Best Evidence in Criminal Proceedings (2002) guidance are met.
Where police decide to conduct a separate 'offender' interview, Children's Social Care will not normally be involved other than in performing any statutory responsibilities to the child e.g. as appropriate adult.
Throughout the enquiry, the immediate protection of the child/ren must be ensured if that is necessary
The outcome of enquiries is as described in Section 7, Child Protection Enquiries Procedure. However, the position of the alleged victim and the alleged perpetrator must be considered separately.
If the information gathered in the course of enquiries suggests that the perpetrator is also a victim, or potential victim, of abuse including neglect, a child protection conference must be convened.
Where there are no grounds for a child protection conference, but concerns remain regarding the child's abusive behaviour, s/he will be considered as a child in need. In such cases, a multi-agency planning meeting should be held.
Consideration should be given to inviting those agencies as listed in section Strategy and Discussion/Meetings
It is the function of the Child Protection Case Conference to consider how to respond to the child's needs as a possible abuser.
Where the alleged perpetrator is not made subject to a Child Protection Plan, consideration should be given to the need for services to address any abusive behaviour and the multi-agency responsibility to manage any risk, through the use of multi-agency planning meetings.
The decision as to how to proceed with the criminal aspects of a case will be made by the police and the Crown Prosecution Service (CPS). This decision will take into account any recommendations of the youth offending team and the views of other professionals.
Best practice suggests that criminal proceedings should not be taken where:
Where there are insufficient grounds for holding a child protection conference, or where a Child Protection Plan was not needed, a multi-agency approach will still be needed if the young abuser's needs are complex.
In such cases a multi-agency planning meeting should be convened by Children's Social Care to pool information, allocate roles and set a time-table for an assessment of the needs of the child and the risk posed by them, as well as co-ordinate any other interim intervention.
Those invited should include participants of the strategy meeting and representatives from health (including child and adolescent mental health services), school and any other appropriate service provider, the child and her/his parents / carers.
In cases where the young abuser is also looked after by the local authority consideration should be given to the need for a plan to minimise risk of future offending, agreed with carers and their agency.
On completion of the assessment, the same forum will be reconvened to consider the outcome, to review and co-ordinate roles of relevant agencies in providing any identified intervention, including specialist input with regard to service users with special needs. Care must be taken to provide services culturally appropriate to the needs of the child and the family.
Intervention should be reviewed at regular multi-agency meetings at intervals of no more than 6 months. At the point of closure, the review will consider the possible need for long-term monitoring and the availability of advice and other services.
Children’s Social Care will undertake a multi-agency assessment when a young person has committed an offence against a child and is released following a custodial sentence or time in secure accommodation.
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