Child Sexual Exploitation (CSE)

REGULATIONS AND STANDARDS

The Protection of Children Standard

SCOPE OF THIS CHAPTER

The guidance in this chapter should be read in conjunction with:

RELATED INFORMATION AND GUIDANCE

Child Sexual Exploitation Definition and Guide for Practitioners (DfE, 2017)

Barnardos - Child Sexual Exploitation

Child Sexual Exploitation: Practice Tool (2017) (Research in Practice – Open Access) - Information about child sexual exploitation, and guidance on the complexities of practically responding to the issue.

RELEVANT PROCEDURES

Business Continuity Plan - Situation Occurring Procedure

Child Criminal Exploitation and County Lines Procedure

AMENDMENT

Section 1, Introduction, was revised throughout in September 2018 to include additional information on the nature of child sexual exploitation and its impact on young people. Section 2, Indicators of Possible Sexual Exploitation was also updated to reflect the complexity of child sexual exploitation, including situations where young people can be both perpetrators and victims of abuse.


Contents

  1. Introduction
  2. Indicators of Child Sexual Exploitation
  3. Children and Young People who go Missing
  4. Referring Cases of Concern
  5. Supporting Children and Young People out of Child Sexual Exploitation
  6. Identifying and Prosecuting Perpetrators
  7. Supporting Children and Young People through Related Legal Proceedings


1. Introduction

Child sexual exploitation (CSE) is a crime with devastating and long lasting consequences for its victims and their families. Childhoods and family life can be ruined and this is compounded when victims, or those at risk of abuse, do not receive appropriate, immediate and on-going support. It is important therefore that all practitioners respond appropriately and swiftly to provide immediate and on-going support to young people who have been exploited or who are at risk of CSE and other forms of exploitation.

Child sexual exploitation is a form of child sexual abuse. Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.

The definition of child sexual exploitation is as follows:

Child sexual exploitation is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology. (Working Together to Safeguard Children)

Like all forms of child sexual abuse, child sexual exploitation:

  • Can affect any child or young person (male or female) under the age of 18 years, including 16 and 17 year olds who can legally consent to have sex;
  • Can still be abuse even if the sexual activity appears consensual;
  • Can include both contact (penetrative and non-penetrative acts) and non-contact sexual activity;
  • Can take place in person or via technology, or a combination of both;
  • Can involve force and/or enticement-based methods of compliance and may, or may not, be accompanied by violence or threats of violence;
  • May occur without the child or young person’s immediate knowledge (through others copying videos or images they have created and posting on social media, for example);
  • Can be perpetrated by individuals or groups, males or females, and children or adults. The abuse can be a one-off occurrence or a series of incidents over time, and range from opportunistic to complex organised abuse; and
  • Is typified by some form of power imbalance in favour of those perpetrating the abuse. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, sexual identity, cognitive ability, physical strength, status, and access to economic or other resources.

Child sexual exploitation is a complex form of abuse and it can be difficult for those working with children to identify and assess. The indicators for child sexual exploitation can sometimes be mistaken for ‘normal adolescent behaviours’. It requires knowledge, skills, professional curiosity and an assessment which analyses the risk factors and personal circumstances of individual children to ensure that the signs and symptoms are interpreted correctly and appropriate support is given. Even where a young person is old enough to legally consent to sexual activity, the law states that consent is only valid where they make a choice and have the freedom and capacity to make that choice. If a child feels they have no other meaningful choice, are under the influence of harmful substances or fearful of what might happen if they do not comply (all of which are common features in cases of child sexual exploitation) consent cannot legally be given whatever the age of the child.

Child sexual exploitation is never the victim’s fault, even if there is some form of exchange: all children and young people under the age of 18 have a right to be safe and should be protected from harm.

One of the key factors found in most cases of child sexual exploitation is the presence of some form of exchange (sexual activity in return for something); for the victim and/or perpetrator or facilitator.

For more information please see Child Sexual Exploitation: Definition and Guide for Practitioners (DfE 2017). This advice is non-statutory, and has been produced to help practitioners to identify child sexual exploitation and take appropriate action in response. This advice includes the management, disruption and prosecution of perpetrators.

 

Children and young people may have already been sexually exploited before they are placed in the home; others may become targets of perpetrators during their placement. They can often be the focus of perpetrators of sexual abuse due to their vulnerability. The manager and staff in the home should therefore create an environment that not only educates children and young people about child sexual exploitation and making the right choices, but also ensures the Home is a safe place to return to, without being judged. The individual behaviour support plan will involve relevant outside agencies where appropriate. The manager and the staff of each Home will work hard at building relationships with the young person and one of the focuses will be around building the young person's resilience. They should encourage children to discuss any concerns with their key worker or other member of staff, and also be encouraged to report any concerns about their peers to staff.

Each home should have a named member of staff identified as a CRE Champion, who will attend regular workshops and gain information about current trends and good practice. There will then be an expectation that this information will be cascaded to the rest of the team. The home’s managers and staff teams will be working in partnership and share information with all other appropriate agencies and other children’s homes. Each home has a CRE Tool Kit, which all staff will use to inform and direct their work with young people at risk of CSE and other forms of exploitation.


2. Indicators of Possible Sexual Exploitation

Staff in the home should be aware of the key indicators of child sexual exploitation. These include:

Health

  • Physical symptoms (bruising suggestive of either physical or sexual assault);
  • Chronic fatigue;
  • Recurring or multiple sexually transmitted infections;
  • Pregnancy and/or seeking an abortion;
  • Evidence of drug, alcohol or other substance misuse;
  • Risky sexual behaviour.

Education

  • Truancy/disengagement with education or noticeable change in performance at school.

Emotional and Behavioural Issues

  • Volatile behaviour exhibiting extreme array of mood swings or use of abusive language;
  • Involvement in petty crime such as shoplifting, stealing;
  • Secretive behaviour;
  • Entering or leaving in vehicles driven by people who are not known to staff;
  • Reports of being seen in places known to be used for sexual exploitation, including takeaway restaurants, parks, taxi offices and shopping centres.

Identity

  • Low self-image, low self-esteem, self-harming behaviour, e.g. cutting, overdosing, or eating disorder.

Relationships

  • Hostility in relationships with staff, family members as appropriate and significant others;
  • Physical aggression;
  • Placement breakdown;
  • Reports from reliable sources (e.g. family, friends or other professionals) suggesting the likelihood of involvement in sexual exploitation;
  • Detachment from age-appropriate activities;
  • Associating with other young people who are known to be sexually exploited;
  • Sexual relationship with a significantly older person, or younger person who is suspected of being abusive;
  • Excessive receipt of phone calls or text messages;
  • Adults or older youths loitering outside the home;
  • Persistently missing, staying out overnight or returning late with no plausible explanation;
  • Going missing and being found in areas where they have no known links.

Please Note: Whilst the focus has often been on older men as perpetrators, younger men and women may also be involved and staff should always be mindful of this.

Social Presentation

  • Change in appearance;
  • Leaving the care setting in clothing unusual for them (inappropriate for age, borrowing clothing from older young people).

Family and Environmental Factors

  • History of physical, sexual, and/or emotional abuse; neglect; domestic abuse; parental difficulties.

Housing

  • Pattern of previous street homelessness;
  • Having keys to premises other than those known about.

Income

  • Possession of large amounts of money with no plausible explanation;
  • Acquisition of expensive clothes, mobile phones or other possessions without plausible explanation;
  • Accounts of social activities with no plausible explanation of the source of necessary funding.

This list is not exhaustive.

Staff should be aware that often children and young people who are sexually exploited do not see themselves as victims. In such situations, discussions with them about the concerns which staff have should be handled with great sensitivity. Seeking prior advice from specialist agencies may be useful. This should be done without disclosing personal, identifiable information.

In assessing whether a child or young person is being sexually exploited, or at risk of sexual exploitation, careful consideration should be given to the issue of consent. It is important to bear in mind that:

  • A child under the age of 13 is not legally capable of consenting to sex (it is statutory rape) or any other type of sexual touching;
  • Sexual activity with a child under 16 is also an offence;
  • It is an offence for a person to have a sexual relationship with a 16 or 17 year old if they hold a position of trust or authority in relation to them;
  • While sexual activity with a 16 or 17 year old is not in itself a criminal offence, it may still be exploitative if the young person’s consent has not been freely given (e.g. as a result of intoxication or threats of violence);
  • Non-consensual sex is rape whatever the age of the victim.

Child sexual exploitation is therefore potentially a safeguarding and child protection issue for all children under the age of 18 years and not just those in a specific age group.

Children can be both experiencing child sexual exploitation and perpetrating it at the same time. Examples might include a child who is forced to take part in the exploitation of another child under duress, or a child who is forced to introduce other children to their abuser under threats to their family’s safety. These situations require a nuanced approach that recognises and engages with the young person’s perpetration within the context of their own victimisation.

As well as responding to an individual child or young person who goes missing (see Section 3, Children and Young People who go Missing), homes should also collate and share data on missing incidents.


3. Children and Young People who go Missing

A significant number of children and young people who are being sexually exploited may go missing from care and education, some frequently; the more often they go missing the more vulnerable they are to being sexually exploited. If a child goes missing from care, the Children Missing From Care Procedure should be followed.

Independent Return Interviews for young people who have been missing can help in establishing why a young person ran away and the subsequent support that may be required, as well as preventing repeat incidents. Information gathered from return interviews can be used to inform the identification, referral and assessment of any child sexual exploitation cases.


4. Referring Cases of Concern

Where a member of staff is concerned that a child or young person is involved in, or at risk of, sexual exploitation, they should discuss their concerns with a senior member of staff or the home’s Designated Manager or CRE Champion. They should work with the team and the young person's social care worker to complete the Indicator forms, found in the Derby and Derbyshire Safeguarding Children Partnership, CRE Risk Assessment Toolkit. If it is decided that action needs to be taken to protect the child, Derby and Derbyshire Safeguarding Children Partnership Procedures should be triggered. This will include making a referral to Children’s Social Care in which the home is located and the local Police.

See: Safeguarding Children and Young People and Referring Safeguarding Concerns Procedure, Reporting Concerns.

In the case of suspected child sexual exploitation Ofsted, the Placing Authority and Police must be informed (see also Notifications of Serious Events Procedure).

If the child or young person is not deemed to be in need, the social worker should consider onward referral to relevant agencies. This should include liaison with the Key Worker at the home.


5. Supporting Children and Young People out of Child Sexual Exploitation

Statutory agencies and voluntary sector organisations together with the child or young person, and their family as appropriate, should agree on the services and support which will be provided to them and how they will be coordinated. The types of intervention offered should be appropriate to the young person’s individual needs and should take full account of identified risk factors and their individual circumstances.

Advice should be sought from the nearest specialist service which works with children and young people involved in child sexual exploitation. A referral should be made as appropriate, following consultation with the child or young person.

Issues raised and action planned should be incorporated into the child’s Care Plan and Placement Plan, and reviewed as part of the Looked After Child Review.

Because the effects of child sexual exploitation can last well into adulthood, support may be required over a long period of time. In such circumstances, effective links should be made between Children and Adult Services and statutory and voluntary organisations.

This should be incorporated into the young person’s Pathway Plan


6. Identifying and Prosecuting Perpetrators

The Police and Criminal Justice Agencies lead on the identification and prosecution of perpetrators. All practitioners, however, have a role in gathering, recording and sharing information with the Police and other agencies, as appropriate and in agreement with them.

The home’s manager, senior staff and CRE Champion should work with local Police regarding child sexual exploitation. This should include the Police giving advice to staff about what action they should take if they are concerned a child in their care is at risk of or is being sexually exploited. This may include gathering information to pass onto the Police, such as vehicle registration numbers, names, physical descriptions etc. Within the CRE Tool Kit, there is an information report which staff can fill out with the relevant information to send to the appropriate police group. It may also include what action staff should take in the case of suspected sexual or physical abuse in order to protect potential evidence, which may be useful in the case of an alleged perpetrator being prosecuted.

Staff in children’s homes should bear in mind that sexual exploitation often does not occur in isolation and has links to other forms of exploitation and abuse, including:

  • Child trafficking / modern slavery (into, out of and within the UK);
  • Domestic abuse;
  • Sexual violence in intimate relationships;
  • Grooming (both online and offline);
  • Abusive images of children and their distribution (organised abuse);
  • Organised sexual abuse of children;
  • Drugs-related offences (dealing, consuming and cultivating);
  • Gang-related activity;
  • Criminal exploitation
  • Child criminal exploitation / county lines;
  • Immigration-related offences;
  • Domestic servitude.


7. Supporting Children and Young People through Related Legal Proceedings

Where alleged perpetrators are arrested and charged with offences against children or young people living in the home, staff should ensure that they are supported throughout the prosecution process and beyond. Specialist agencies should also be involved in supporting the child or young person, as required. This may include using special measures to protect them when giving evidence in court for example. Independent Sexual Violence Advisers or specialist voluntary sector services, if available, may also have an important role to play.