4. Safeguarding Sexually Active Children |
Contents
1. Introduction
| 1.1 | This Procedure is designed to assist professionals to identify where children and young people's sexual relationships may be abusive and the children and young people may need the provision of protection or additional services. It is based on the core principle that the welfare of the child is paramount and on the evidence that there has been a recent increase in rape of teenagers by their peers in London (note: Metropolitan Police statistics 2006). The Procedure emphasises the need to accurately assess the risk of significant harm when a child or young person is engaged in a sexually active relationship and acknowledges that cases of underage sexual activity which present cause for concern are likely to raise difficult issues and should be handled particularly sensitively. |
2. Responding to Children
| 2.1 | A child under 13 is not legally capable of consenting to sexual activity. Any offence under the Sexual Offences Act 2003 involving a child under 13 is very serious and should be taken to indicate a risk of significant harm to the child. |
| 2.2 | Cases involving under 13s should always be discussed with a nominated child protection lead in the organisation. Under the Sexual Offences Act, penetrative sex with a child under 13 is classed as rape. Where a practitioner is concerned that a child is involved with penetrative sex, or other intimate sexual activity, there will always be reasonable cause to suspect that a child, whether girl or boy, is suffering or is likely to suffer Significant Harm. There is a presumption that the case will be referred to Children's Social Services and that a Strategy Discussion will be held to discuss appropriate next steps (see sections 6.2 and 6.3 below). |
| 2.3 | Sexual activity with a child under 16 is also an offence. Where it is consensual it may be less serious than if the child were under 13, but may nevertheless have serious consequences for the welfare of the young person. Consideration should be given in every case of sexual activity involving a child aged 13-15 as to whether there should be a discussion with other agencies and whether a referral should be made to children's social care. The professional should make this assessment using the considerations in section 3.2 - Indicators of Risk of Harm below. |
| 2.4 | Within this age range, the younger the child, the stronger the presumption must be that sexual activity will be a matter for concern. Practitioners should discuss their concerns with their nominated child protection lead and subsequently with other agencies as required. Where confidentiality needs to be preserved, a discussion can still take place without identifying the child. |
| 2.5 | Where there is reasonable cause to suspect that significant harm to a child has occurred or might occur, as in section 2.2 above, there is a presumption that the case will be referred to Children's Social Services and a strategy discussion should be held to discuss appropriate next steps (see sections 6.2 and 6.3 below). Again, all cases should be carefully documented including where a decision is taken not to share information. |
3. Assessment
Assessing young people's needs |
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| 3.1 | When a professional becomes aware that a young person is, or is likely to be, sexually active considerations in the checklist in section 2.2 should be taken into account when assessing the extent to which a child (or other children) may be suffering or at risk of harm, and therefore the need to hold a strategy discussion in order to share information. The assessment should be based on the three dimensions of the Assessment Framework (Framework for Assessing the Needs of children and their Families [DH/DfES 2000]) (or the Common Assessment Framework (note: Every Child Matters, ECM next steps and Change for Children (DfES, 2003 - 4): all Local Authorities are expected to implement the Common Assessment Framework between April 2006 and the end of 2008. See DfES Guidance at the Every Child Matters website if it is in place), and where appropriate, it should be in accordance with section 6. Referral and assessment Process. The assessment should be supervised by the professional or a colleague with relevant expertise, within their agency. |
Indicators of Risk of Harm |
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| 3.2 | In order to determine whether a relationship presents a risk of harm to a young person, the following factors should be considered:
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Power Imbalances |
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| 3.3 | Sexual abuse and exploitation of a child or young person involves an imbalance of power. The assessment should seek to identify possible power imbalances within a relationship. These can result from differences in size, age, material wealth and/or psychological, social and physical development. In addition gender, sexuality, race and levels of sexual knowledge can be used to exert power. |
| 3.4 | Whilst a large age differential could be a key indicator e.g. a 15-year-old girl and a 20-year-old man, practitioners should be aware that a 14 or 15 year old boy, supported by a group of his peers, is able to exert very real pressure over a girl of the same age or older. There will also be instances when the sexual predator is a woman or girl and the victim is a boy. |
| 3.5 | Where a power imbalance results in coercion, manipulation and/or bribery and seduction, these pressures can be applied to a young person by one or two individuals, or through peer pressure (i.e. group bullying). Professionals assessing the nature of a child or young person's relationship need to be aware of the possibility that either or both of these situations can exist for the child or a young person - and conduct an holistic assessment of the young person's needs. |
| 3.6 | There will be an imbalance of power and the child or young person will not be deemed able to give consent if the sexual partner is in a position of trust or is a family member as defined by the Sexual Offences Act 2003; and/or any pre-existing legislation. |
Assessing Risk using Police Information |
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| 3.7 | In cases of concern, when sufficient information is known about the sexual partner/s the agency concerned should check with other agencies, including the police, to establish whatever information is known about that person/s. The Metropolitan Police will normally share the required information without beginning a full investigation if the agency making the check requests this. |
| 3.8 | Accessing Police Information (see also Appendix 1: Police Information Request/Referral Process). The practitioner should call the local Metropolitan Police Sapphire Team (note: Specially trained local Metropolitan Police teams who investigate extra-familial sexual assault and rape) accessed through their local police station, or in the case of abuse by a carer, the local Police Child Abuse Investigation Team (CAIT). |
4. Disabled Children and Young People
| 4.1 | Disabled children and young people are more likely to be abused than non-disabled children; and they are especially at risk when they are living away from home. They may be particularly vulnerable to coercion due to physical dependency or because a learning disability or a communication difficulty means that it is not easy for them to communicate their wishes to another person. This increases the risk that a sexual relationship may not be consensual. |
| 4.2 | In assessing whether a relationship presents a risk of harm to a disabled child or young person, professionals need to consider the indicators listed in section 2.2 above in the light of these potential additional vulnerabilities. |
| 4.3 | A child or young person with moderate learning difficulties could be vulnerable to harm from a sexual relationship developed through inclusive activities. This may be in mainstream schools, education colleges, leisure centres and other places where children and young people meet where supervision is at a minimum. Staff need to be alert to the different capabilities of the children and young people they supervise, and assess risk of harm accordingly. |
| 4.4 | Where professionals in children's services have concerns that a relationship may present a risk of harm to an older disabled young person, they should begin work with the Council's adult protection staff at an early point in order for there to be a smooth transition from protection under the Children Act 1989 to protection for the young person, from their 18th birthday onwards, under the local Protection of Vulnerable Adult Procedures. |
5. Information Sharing
| 5.1 | The Welfare of the Child/Young Person is Paramount |
| 5.2 | The first duty of every practitioner is to safeguard and promote the welfare of the child or young person and other children and young people. It must always be made clear to children and young people at the earliest opportunity and throughout any working relationship that the duty of confidentiality is not absolute, and that there will be some circumstances where the needs of the child or young person, or other children and young people, can only be safeguarded by sharing information with others. (See Section 3 - Sharing Information). |
| 5.3 | This discussion with the child or young person should include asking them their thoughts, feelings and wishes. The discussion can be useful as a means of emphasising the gravity of some situations. This point is reinforced in the Government guidance What To Do If You Are Worried That A Child Is Being Abused (HMSO, DfES, 2003). |
Confidentiality |
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| 5.4 | The Sexual Offences Act 2003 does not affect the duty of care and confidentiality of health and social care professionals to children and young people 13 to 16 years old. According to current Government guidance for health and social care professionals (see Best Practice Guidance for Doctors and other Health Professionals on the Provision of Advice and Treatment of Young People under 16 on Contraceptive, Sexual and Reproductive Health; and Enabling Young People to Access Contraceptive and Sexual Health Information and Advice: Legal and Policy Framework for Social Workers, Residential Social Workers, Foster Carers and other Social Care Practitioners [DfES/Teenage Pregnancy Unit, 2004]), although the age of consent remains at 16, it is not intended that the law should be used to prosecute mutually agreed teenage sexual activity between two young people of similar age, unless it involves abuse or exploitation. |
| 5.5 | Decisions to share information with parents require staff to use their professional judgement and should be informed by section 3. Sharing Information of the London Child Protection Procedures. Decisions by health, and other professionals not to share information should be informed by the Fraser Guidelines (note: The Fraser Guidelines, also known as the Gillick Competency test. In 1980's the House of Lords ruled that young people under 16, who are fully able to understand what is proposed, and its implications, are competent to consent to medical treatment regardless of age) - that the child or young person ('s):
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Reviewing Needs |
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| 5.6 | On each occasion that a practitioner has contact with a young person (by telephone or a meeting) or receives information about them, consideration should be given as to whether the young person's circumstances have changed in a way which may require referral (or re-referral) to Children's Social Services and the Police. |
6. Thresholds for Referring to Children's Social Services and the Police
When there are no Concerns |
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| 6.1 | The decision whether or not to make a formal referral to Children's Social Services and the Police must be made within the supervision arrangements within an agency for making such a decision. |
| 6.2 | Where an agency involved knows that a young person 13 or over, is sexually active but the practitioner's assessment does not raise concerns that the young person's sexual relationship is abusive, then that agency should continue to make arrangements for the young person to receive confidential advice and support from appropriate sexual health and other services. These services will be listed in the local Teenage Pregnancy Team's directory of resources. |
| 6.3 | Dealing with Individual Cases of Concern of possible of Abuse or Neglect (in line with section 6. (Referral and assessment) of the London Child Protection Procedures); see also Appendix 1: Police Information Request/Referral Process. |
| 6.4 | Whenever there is reasonable cause to suspect that a child is suffering, or is likely to suffer significant harm (based on the checklist in sections 2.2 and 2.3 above), there should be a strategy discussion involving LA children's social care and the police, and other bodies as appropriate and the referring agency. The strategy discussion should be convened by LA children's social care and those participating should be sufficiently senior and able, therefore, to contribute to the discussion of available information and to make decisions on behalf of their agencies. |
| 6.5 | A Strategy Discussion may should be used to:
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| 6.6 | See section 4. Recognition and response and section 6. Referral and assessment. |
Abuse through Sexual Exploitation |
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| 6.7 | If there are concerns that the child or young person may be at risk of abuse through sexual exploitation (prostitution or pornography, including creating/exchanging images, grooming etc. through the internet), a referral to Children's Social Services and to the Metropolitan Police Service must be made in accordance with section 6. Referral and assessment. |
| 6.8 | See also Safeguarding Sexually Exploited Children Procedure. |
Children under the age of 13 years |
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| 6.9 | All cases of children under the age of 13 years believed to be engaged in penetrative sexual relationships or activity must be referred to Children's Social Services and the Police. (see section 2.2) |
| 6.10 | LA children's social care will discuss the case with the local Metropolitan Police Child Abuse Investigation Team and will carry out either an initial assessment or a child protection enquiry, in respect of every young person under 13 years old. This recognises the particular vulnerability of children of this age engaging in sexual behaviours; and the position that, whilst sexual activity for young people under the age of 16 remains illegal, 13 - 16 year olds are deemed competent to give consent, whereas children under the age of 13 are deemed too young to give their consent to sexual activity (Sexual Offences Act 2003 [HMSO 2004]). |
Children/Young people 13 up to their 18th Birthday |
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| 6.11 | In all cases relating to possible abuse or neglect, Children's Social Services will respond in one of three ways and will advise the referrer of which plan is in place:
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| 6.12 | In cases where LA children's social care identify a risk of significant harm or are aware that an offence may have been committed against a child, they will hold a strategy discussion with the police (which may include the referrer), who will check their records about the children/young people and/or adults involved and share information with Children's Social Services. The Children's Social Services and Police Child Abuse Investigation Team will, together with other involved agencies determine the need or otherwise for child protection enquiries to be made in line with the London Child Protection Procedures. |
| 6.13 | In any cases where LA children's social care staff receive a referral or become aware of a sexually active young person 13 or over, and under the age of 16 and decide not to make a formal referral to the Police, this decision must be made by a first line manager or above; and only after Police indices have been checked. A decision not to not make a formal referral to the Police will usually only be made by Children's Social Services after an initial assessment, when there is clear evidence that the young person is not being abused or exploited through the sexual relationship. The decision and the reasons for it, must be recorded contemporaneously in the Social Services care record for the young person. |
| 6.14 | In some cases planned immediate protection will take place following a strategy discussion. In most cases where a practitioner has concerns that a relationship presents a risk of harm to a young person, there will be a process of interagency information sharing and discussion in order to formulate an appropriate plan. Immediate or ongoing support should be offered to the young person whilst an appropriate single or multi-agency plan is put in place. |
| 6.15 | Where a young person has lived outside the particular local authority area, the social worker and police officer must obtain relevant social, education and health and police information respectively. Where a young person has lived for some of his/her life outside the UK, the social worker and police officer must use agencies such as embassies and International Social Services, or Interpol to gather relevant information from that country in order to develop as wide a picture of the young person's history and circumstances as possible. |
7. Criminal Investigation
| 7.1 | It is an offence for any young person to engage in a sexual relationship under the age of 16. Nevertheless, in the majority of cases, it will not be in the best interests of the young person for criminal proceedings to be instigated against them. |
| 7.2 | The decision as to whether or not to proceed with criminal action against a young person who has been referred to the Metropolitan Police Service will be made by the Crown Prosecution Service acting upon the advice of the Metropolitan Police. The best interests of the young person concerned will be one factor in informing this decision. |
| 7.3 | All agencies hold responsibilities under the Crime and Disorder Act 1998 to assist with the prosecution of criminal actions in their local area. In some cases, the Police may hold information about a young person or an adult involved with a young person and this may be critical in achieving the protection of a young person. When the Police service is advised of a likely criminal offence, it will record the information it receives but will investigate according to whether or not the individual circumstances of the case warrant it. The Police will liaise with Children's Social Services about an investigation, unless the urgency to act to protect an individual or secure arrests precludes them from so doing. |
8. Safeguarding Young People 16 and 17 years
| 8.1 | Sexual activity involving a 16 or 17 year old, though unlikely to involve an offence, may still involve harm or the risk of harm. Professionals should still bear in mind the considerations and processes outlined in this guidance in assessing that risk, and should share information as appropriate. 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 (Sexual Offences Act 2003 [HMSO 2004] and pre-existing legislation). |
Christine Christie, LCPC Manager
Appendix 1: Police Information Request/Referral Process
Principles
- The need to safeguard and promote the welfare of children and young people is paramount;
- Children and young people have a right to protection, and a right to access the criminal justice system;
- Positive outcomes for children and young people are maximised when agencies work together and co-ordinate their activity.
Requests for Police Information
In cases where an agency requests information from the police for the purposes of a risk assessment, the police will:
- Receive the information
- Search relevant indices and pass the results to legitimate enquirers
- Fact of the request and details provided will be recorded for intelligence purposes only. Such requests will not be treated as allegations of crime referrals.
- Depending on the result, the enquirer may then make a subsequent referral.
Referrals to Police
In cases where an agency contacts the Police with an allegation of crime or potential crime (a child under 13 who has engaged in penetrative sexual activity or a child/young person 13 or over who is assessed to be at risk following an assessment as outlined in Section 2 - Responding to Children and Section 3 - Assessment), the Police will:
- Receive the information and create allegation of crime report
- Pass to relevant investigating unit (Sapphire team (extra-familial) or CAIT (carer involved)).
- Assess the need for emergency action to protect a child or young person
- Research information held internally.
- Make a s.47 (note: Section 47 of the Children Act 19 - an enquiry undertaken by the Local Authority to enable them to decide what action they should take to safeguard or promote a child's welfare) referral to the local Children's Social Services Department according to London Child Protection Procedures (the original referrer should already have contacted Children's Social Services).
- Share relevant information and have initial Strategy Discussion with Children's Social Services, a Consultant Paediatrician and the referring professional.
- Confirm the need for a criminal investigation and s.47 enquiry and agree any fast-track actions.
- Attend Strategy Meeting (or hold a more detailed strategy discussion) and plan the investigation, making sure the interests of the child/ren remain paramount.
- Conduct investigative activities as agreed and, if relevant, ensure the co-ordination of s.47 enquiries.
- Conclude the investigation and decide, in consultation with the Crown prosecution Service, an appropriate criminal justice disposal, taking into account the wishes of the victim, the public interest, and the views of relevant professionals who are working with the child or young person.
Appendix 2: Risk Assessment Matrix
Indicator of Risk or Harm |
Considerations for Assessment | Level of Concern |
| Is the child/young person competent to understand, and consent to, the sexual activity they are involved in. | Competence is relative to the seriousness of the situation. The less a child or young person is able to appreciate the risks involved in their sexual relationship the less s/he is likely to be able to protect her/himself. | |
Is the child under 13 years old. Children under 13 years old are not legally capable of consenting to sexual activity (Sexual Offences Act 2003). |
Where a practitioner is concerned that a child is involved with penetrative sex, or other intimate sexual activity, there will always be reasonable cause to suspect that a child, whether girl or boy, is suffering or is likely to suffer significant harm | HIGH |
| Are the living circumstances of the child or young person secure and supportive. Are they attending school, are they living with their parents, are they or their siblings receiving services from Children's Social Services or another social care agency etc. | Children and young people whose home/social/school circumstances are not robust are likely to have lower self-esteem and less resilience and are therefore more vulnerable to coercion. They are less likely to be able to resist forceful or seductive sexual advances. | |
Is the relationship between those involved equal and consensual or are there power imbalances. Is the child or young person in any way disabled or learning disabled or does s/he have a communication difficulty. |
These can result from differences in size, age, material wealth and/or psychological, social and physical development. In addition gender, sexuality, race and levels of sexual knowledge can be used to exert power. Whilst a large age differential could be a key indicator, there can also be bullying present where the children and young people are in a similar age relationship. There will also be instances when the sexual predator is a woman or girl and the victim is a boy. Disabled children and young people are more likely to be abused than non-disabled children. A child or young person is considered unable to give consent if the sexual partner is in a position of trust or is a family member (Sexual Offences Act 2003; and/or any pre-existing legislation). |
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| Is coercion or seduction/bribery involved including misuse of alcohol or other substances as a disinhibitor. | A child or young person may not see the activities of another as aggressive, coercive or seductive. Similarly they may be unaware and reluctant to recognise that drugs and alcohol are offered to facilitate sex or sexual exploitation. | |
| Does the child/young person's own behaviour, for example through misuse of alcohol or other substances, place him/her in a position where he/she is unable to make an informed choice about the activity. | Anyone who takes advantage of a child or young person's temporary disinhibition or incapacity for sexual purposes, whether by accident or design, does so without consent. The sexual activity is always unlawful. Children and young people who regularly abuse alcohol or other substances are likely to need protection irrespective of their views. |
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| Has the sexual partner made attempts to secure secrecy beyond what would be considered usual in a teenage relationship. | Practitioners should seek advice and supervision about what would be considered a usual degree of secrecy in a teenage relationship, if they are unsure. | |
| Are the methods used to secure a child or young person's compliance and trust and/or secrecy by the sexual partner consistent with grooming for sexual exploitation. | Adults and young people who are paedophiles are extremely adept at presenting themselves as benevolent (gifts, help, money) and trustworthy (friend of the family or responsible older friend). Adults and young people who are pimps may develop the relationship with the young person first, including by offering them money or drugs, before coercing them into prostitution. Children and young people who begin taking illegal substances are likely to need protection irrespective of their views. |
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| Is the sexual partner known by one of the agencies as having or having had, other concerning relationships with children/young people. | Checks should be made with the Police (See Appendix 1 for process). A decision not to request police information should be exceptional, supported by a manager and must be recorded with clear reasons. |
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| Does the child/young person deny, minimise or accept the concerns held by professionals. | Protecting a child or young person from harm depends on a practitioner scrupulously assessing the child or young person's true position - rather than a possible position by the child or young person as a line of least resistance or in order to avoid the involvement of other agencies. |
Risk Assessment Scoring
- The indicators above should be assessed using professional judgement and individually rated as HIGH, MEDIUM or LOW risk.
- A single occurrence of HIGH would be sufficient to generate a referral to Police and Children's Social Services.
- Two or more occurrences of MEDIUM would be sufficient to generate a referral to Police and Children's Social Services.
- Assessments of risk below these thresholds may also be referred to the Police and Children's Social Services.
- Confidentiality is never absolute and, in most cases, competent professionals will be able to articulate the need for information from the police in a manner that does not undermine the integrity of the agency.
- Decisions not to refer to the Police and Children's Social Services must be made within the agency's supervision arrangements and at first line manager level or above.
Assessor: ....................... (signature) ............................ (printed name) ...............date
Manager: ......................... (signature) ........................... (printed name) ...............date
Appendix 3: Procedure Flowchart
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Training Toolkit
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