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14. Organised and Complex Abuse

Contents


14.1 Definition
14.2 General Principles
14.2.13 Relationships between the Police,LA Children's Social Care and the Crown Prosecution Service
14.2.18 Relationships with Local Safeguarding Children Boards (LSCBs)
14.2.19 Relationships with Voluntary Agencies
14.3 Setting up an Investigation
14.3.1 Initial Strategy Meeting/Discussion
14.3.5 Professionals who need to be Informed
14.3.6 The Strategic Management Group
14.3.37 Joint Investigation Team Membership
14.3.45 Practical Arrangements: Security, Accommodation and Communications
14.3.52 Investigation Management Group
14.3.54 Joint Investigation Team Responsibilities
14.3.55 Crossing Geographical and Operational Boundaries
14.4 Access to Records
14.5 Information Sharing
14.5.1 Confidentiality when Exchanging Information
14.5.3 Risk Assessment of Alleged Perpetrators
14.5.8 Access by the Police to LA Children's Social Care Files
14.5.11 Information Sharing Between Health, the Police and Local Authorities
14.6 Disclosure of Information to Third Parties
14.6.3 Disclosure of Unused Material to Defence
14.6.4 Compensation Claims and Civil Litigation
14.6.7 Referral of Information about Alleged Abusers
14.7 Support
14.7.1 Support for Victims and Witnesses
14.7.2 Support for Victims and Witnesses During Investigation
14.7.7 Support fro Victims and Witnesses at Court
14.7.14 Victim Aftercare
14.7.16 Staff Support
14.8 Media Handling
14.9 Closure and Review of Investigation
14.9.1 Exit Strategy
14.9.4 Records to be Maintained and File Storage


14.1


Definition
14.1.1 Complex (organised or multiple) abuse may be defined as abuse involving one or more abusers and a number of children. It does not necessarily relate to both multiple abusers and multiple potential victims.
14.1.2 The abusers concerned may be acting in concert to abuse a child/ren. One or more adults may be involved and they may be using an institutional framework or position of authority to recruit children for abuse.
14.1.3

It reflects, to a greater or lesser extent, an element of organisation on the part of the adult/s involved and may involve:

  • Aspects of ritual to aid or conceal the abuse of children;
  • Child sexual abuse networks where adults plan and develop social contacts with children for the purpose of gaining access to them in order to abuse them;
  • The production of child abuse images or abuse of children through sexual abuse and / or sexual exploitation;
  • Abuse in residential homes, boarding schools or other institutions;
  • Adult/s who seek contact with children for improper reasons through leisure or welfare organisations;
  • Adults seeking to contact children via electronic means such as internet or mobile telephones.


14.2


General Principles
14.2.1 Each complex abuse investigation requires thorough planning, good inter-agency working, and attention to the welfare needs of the child/re who have been harmed. The various agencies involved in a complex abuse investigation should be committed to working together in partnership to ensure that relevant information is shared and that appropriate action is taken to minimise the risk posed by alleged offenders to children and vulnerable adults.
14.2.2

Recommendation 22 of the Waterhouse Inquiry Report Lost in Care emphasised the need for improved practice by LA children's social care departments and police forces involved in major investigations regarding:

  • Safeguarding and preservation of police records of major investigations, including statements and the policy file;
  • The safeguarding and preservation of LA children's social care files;
  • Access by the police to LA children's social care files;
  • The supply of information about alleged and suspected abusers by the police following an investigation;
  • The sharing of information generally for criminal investigation and child protection purposes.
14.2.3 However, all agencies (such as health, education, NSPCC and probation) who may be asked to contribute to complex abuse investigations need to ensure that issues in this chapter are addressed. Information in this chapter is also relevant to registration authorities where continuing registration might be affected by the investigation.
14.2.4 Cases of organised abuse are often highly complex because of the number of children involved, the serious nature of the allegations of abuse, the need for therapeutic input and the complex and time consuming nature of any consequent legal proceedings.
14.2.5 Such cases usually require the formation of dedicated teams of professionals from the police and local authority or NSPCC for the purpose of the investigation.
14.2.6 Where professionals are implicated as suspected perpetrators of abuse, it is imperative that their line managers are not represented in either the strategic management group (see section 14.3.6. The strategic management group) or the investigation team. An early mapping exercise to determine the scale of the investigation should help to identify such individuals.
14.2.7 It is recognised that those who commit sex offences against children often operate across geographical and operational boundaries and the procedure takes into account the involvement of more than one local authority.
14.2.8 Where an allegation involves a post holder who has a specified role within these procedures, the referrals must be reported to an alternative (more senior) manager.
14.2.9 In all investigations of organised abuse, it is essential that staff involved maintain a high level of confidentiality in relation to the information in their possession without jeopardising the investigation or the welfare of the children involved.
14.2.10 Subsequent information generated throughout the investigation should only be shared on a 'need to know' basis.
14.2.11 These procedures must be implemented in conjunction with section 15. Allegations against staff.
14.2.12 The protection of any children identified as being at risk of harm remains paramount, but the sharing of information and confidentiality issues should be treated with due consideration for the alleged offender. Agencies should take appropriate practicable steps to minimise the potential disruption and damage to the alleged offender's private and professional life caused by a protracted investigation, taking place in many cases many years after the alleged offence was committed. Where allegations are subsequently found to be ungrounded, or it can be proven that false or malicious allegations have been made, the needs of the alleged offender should be treated with sensitivity.


Relationships between the police, LA children's social care and the Crown Prosecution Service
14.2.13 Research and experience have shown repeatedly that keeping children safe from harm requires professionals and others to share information. Often it is only when information from a number of sources has been shared that it becomes clear that a child is at risk of, or is suffering, harm. This is also true for vulnerable adult victims.
14.2.14 Complex abuse investigations should be undertaken as a joint operation involving the police and LA children's social care with the Crown Prosecution Service (CPS) being involved at an early stage, as appropriate. In many cases there will be value in involving an independent child protection agency such as NSPCC.
14.2.15 Investigations into allegations relating to a member of LA children's social care's own staff (or foster carers) should involve an independent person from outside the authority, see section 15. Allegations against staff.
14.2.16 The CPS is independent of the police and should not be involved in operational decisions about the conduct of an investigation. However, the CPS can provide advice about the evidential or legal implications of issues arising during an investigation, and early involvement in this regard can inform decisions made by the investigation team. It is important that there is continuous advice and interaction between each agency throughout the investigation and any resulting prosecution.
14.2.17 Investigation teams should have visible support from the top ranks in the police and LA children's social care and other agencies throughout the inquiry. This requires the involvement of senior personnel, at least at Commander and Assistant Director / Head of Service level in a central strategic management group. It is for each agency to determine their representative. These individuals must be empowered with full decision-making authority (e.g. in the allocation of resources).


Relationships with Local Safeguarding Children Boards (LSCBs)
14.2.18 An investigation of organised abuse will be carried out under the auspices of the Local Safeguarding Children Board, which should be kept informed of its progress. It should be the role of the strategic management group to liaise regularly with the LSCB. However, the LSCB should not take any direct role in the management of the inquiry.


Relationship with voluntary agencies
14.2.19 Voluntary agencies could be involved at senior management level in the strategic management group meetings. At other times, liaison should be maintained through senior and frontline LA children's social care staff. Advice may be sought on specific issues (e.g. the availability of local counselling or support services). Protocols about access to voluntary agency files should be agreed.


14.3


Setting up an Investigation

Initial strategy meeting/discussion
14.3.1 Where a professional becomes concerned that a case may be a 'complex' one, the professionals must inform LA children's social care, child protection managers and the police team Detective Inspector immediately. A strategy meeting / discussion must be held within the working day that the referral is received.
14.3.2

The Strategy Meeting / discussion must:

  • Assess the information known to date;
  • Decide what further information is required at this stage;
  • Arrange for the gathering of all relevant information;
  • Establish whether and to what extent complex abuse has been uncovered;
  • Undertake an initial mapping exercise to determine the scale of the investigation and possible individuals implicated;
  • Consider a plan for the investigation to be presented to the management and resources strategy group, including resource implications;
  • Consider any immediate protective action required.
14.3.3 The strategy meeting / discussion may include the referrer, if appropriate, a legal adviser and anyone else relevant to the meeting.
14.3.4 Having considered and discussed the information, those persons must, if in their view the suspicion gives reasonable cause to suspect complex abuse, pass the information on to the Director of Children's Services.


Professionals who need to be informed
14.3.5 The Director of Children's Services must inform the LSCB Chair (if a different person), the local authority Chief Executive, head of the press office and senior managers of relevant agencies (e.g. nominated safeguarding children advisers / LA child protection advisers).


The strategic management group (SMG)
14.3.6 To ensure a co-ordinated response, a SMG meeting chaired by the police must be convened (or rarely, by LA children's social care) within five working days of the receipt of the referral. The SMG must act as a steering group and formulate policy and procedure.  It must also be a primary responsibility of this group to ensure that the welfare of children is paramount at all times.
14.3.7

The membership of the group must comprise of senior staff who are able to commit resources, and should have the following core membership which should remain constant throughout the investigation (although there may be a need to add other personnel as the investigation progresses):

  • Director or deputy director of local authority children's services;
  • Commander;
  • Police senior investigating officer (usually police Major Investigation Team DI);
  • LA children's social care lead manager (usually head of service and / or child protection manager);
14.3.8

The group may also include the following members as necessary:

  • LA senior legal adviser;
  • Senior health representative (e.g. designated nurse and / or designated doctor for safeguarding children);
  • Press officer/s;
  • Other individuals and agencies as appropriate (e.g. probation, NSPCC, voluntary organisations).
14.3.9 Links will also need to be established with the Chief Executive of the relevant local authority to consider resource pressures.
14.3.10 The initial meeting of the strategic management group must involve senior managers who have the authority to take decisions on the allocation of resources. A protocol for information sharing should be formulated and a clear media strategy agreed. It is most important to involve other agencies at this early stage so that senior managers can identify the need for, and arrange the provision of and allocate appropriate resources to, any support services identified. These may include community and specialist health services (e.g. psychiatric services, counselling services and sexual health services), although the specific services required will be dependent on the nature of the investigation. For example, adult medical and psychiatric services may be required, or the involvement of prison or probation services may be necessary where potential abusers and / or victims are under the supervision of those agencies.
14.3.11 At the first meeting of the strategic management group, the terms of reference must be agreed and minuted. At all subsequent meetings held in accordance with this guidance minutes must be prepared fully, detailing all policy decisions and actions. All minutes must be classified RESTRICTED and all copies should be individually numbered. Copying of the minutes should only be allowed on the express authority of the Chair.
14.3.12

The SMG meeting must take ownership of the strategic leadership of the investigation and agree a plan that includes:

  • A decision on the scale of the investigation and the staff required for joint investigation group;
  • The consideration of any cross boundary issues and planning of appropriate liaison and sharing of resources for inter-agency working;
  • The identification of staff in both LA children's social care and the police of sufficient seniority and experience to manage the investigative process (usually the police Major Investigation Team DI and the LA children's social care child protection manager);
  • The agreement of the staffing of the investigation, allocation of tasks and the membership of the investigation management group (including the line management responsibilities);
  • Arrangements for medical staff to conduct assessments;
  • Arrangements for sufficient administrative staff and information technology resources to support the investigation;
  • The arrangement and resourcing of access to expert legal advice (e.g. in-house police legal team, local authority legal service, early CPS advice);
  • Sufficient support, supervision and de-briefing of staff involved to address the impact of stress on frontline workers from any agency involved;
  • The availability of expert advice where necessary;
  • Timescales for the stages of the investigation;
  • The management of public relations and media interest in the case;
  • Child witness support, if relevant.


Tasks and functions of the strategic management group
14.3.13 The tasks and functions of the strategic management group may vary from case to case but should also normally include the following actions.
14.3.14

The agreement of protocols:

  • To govern the future handling of the investigation (e.g. on media communication and victim / witness support);
  • For the sharing of information, to ensure that the investigative team secures full access to records from all agencies affected by the investigation and individuals holding important information, and to commit all parties to providing the necessary help with obtaining records from any outside organisations;
  • To ensure staff safety in carrying out the investigation.
14.3.15 Ensuring that any current risks to children that emerge during the course of the investigation are acted upon immediately. The SMG should develop a risk management protocol by regularly reviewing risk indicators in relation to subject children (see Appendix C of Complex Child Abuse Investigations: Inter-agency Issues (DH / Home Office, 2002) for a risk management protocol). The protocol should detail elements of a robust risk management process to be implemented for the duration of the investigative activity, and establish effective mechanisms for communication between the investigative team and the relevant LA children's social care.
14.3.16 Ensuring that there are safeguards in place to guarantee the integrity of the investigation, taking into account the need to exercise particular care to guard against the risk of eliciting false allegations against innocent people. The SMG should monitor carefully the approaches used in contacting further potential witnesses and the conduct of any subsequent interviews, and ensure that any doubts about the validity of evidence are fully addressed. The overall process for gathering corroborative and additional evidence must be subject to rigorous scrutiny by the SMG. Issues to consider might include the complex nature of the investigation, the time that may have elapsed since the alleged offences occurred and the motivation and potentially vulnerable nature of the victims / witnesses.
14.3.17 Establishing a policy on how agencies deal with questions of potential financial compensation for victims to clarify that members of the investigative team should not instigate any discussion of the issue and should avoid discussing it if it is raised by any victims or witnesses in the course of the investigation. Practical guidance should be given to interviewing officers in line with this policy.
14.3.18 Monitoring and reviewing procedures used for gathering and recording evidence, to ensure that they are tightly controlled and supervised, to safeguard against potential criticism that investigating officers prompted the witnesses. Guidelines on appropriate methods of evidence gathering and recording are detailed in the Association of Chief Police Officers of England Wales and Northern Ireland (ACPO)'s Senior Investigating Officers Handbook for the Investigation of Historic Institutional Child Abuse (2002) (currently being revised - details will be updated online), and the strategic management group should ensure that agreed procedures are followed robustly and consistently.
14.3.19 Ensuring that appropriate recording takes place of material that is obtained during the course of the investigation, and also the safe and secure storage of records, through the early appointment of a disclosure officer in accordance with the Criminal Procedure and Investigations Act 1996 and the accompanying code of practice.
14.3.20 Agreeing a strategy to ensure that contact with the media is properly managed and co-ordinated throughout the investigation and any subsequent criminal proceedings, using a nominated press officer. This will allow frontline workers and other staff involved with the investigation to concentrate on the investigation itself.
14.3.21 Ensuring that careful consideration is given throughout the investigation to the health and social care needs of child victims and adult survivors and particularly those who will be acting as witnesses. As far as possible, the group will also need to ensure that any witness's ability to give evidence in criminal proceedings is not prejudiced by the provision of such assistance, and that guidance on pre-trial therapy is taken into account, in line with section 5.33. Pre-trial therapy. In some circumstances, it may be appropriate to employ dedicated personnel tasked to liaise regularly with victims and / or witnesses to ensure that they are kept up-to-date with the progress of the inquiry and to ensure their wellbeing.
14.3.22 Securing the provision of appropriate accommodation facilities and trained interviewers for all witnesses, and to give special attention to the needs of witnesses who are children, children or vulnerable adults and any who may be subject to intimidation.
14.3.23 Ensuring that, when appropriate, Achieving Best Evidence in Criminal Proceedings: Guidance for Vulnerable or Intimidated Witnesses, including Children is followed.
14.3.24 Checking with the LA children's social care representative on the SMG that, where children have been removed from their families, an appropriate placement is found for them and that their needs are being fully assessed according to the Framework for the Assessment of Children in Need and their Families. The group should also ensure that appropriate professional medical, physical and emotional support is being provided as needed, and check what other partner agencies can do to help. If the alleged abuse occurs in a residential setting, the SMG must ensure that the victim and any other children who may be at risk of harm are safeguarded and, if necessary, that suitable alternative accommodation is provided. Equally, children may require safeguarding in a range of non-residential settings such as foster care, day care, schools, hospitals etc.
14.3.25 Considering the need for a review of the case as a means of identifying and acting on lessons learnt as the investigation proceeds and at its close. If a formal review is necessary, this will normally be a serious case review under the auspices of the Local Safeguarding Children Board (LSCB), see section 12. Unexpected death of a child and section 19. Serious case reviews. However, in exceptional cases, a public inquiry may be necessary. The SMG should liaise with the Department for Children, Schools and Families (DCSF) / relevant Government department when determining the question of review.
14.3.26 Ensuring that suitable arrangements are made for the victims and their families during the course of criminal proceedings, with particular regard to post-testimony trauma experienced by many witnesses. Consideration should be given to the formation of a court support group and / or to whether a child and family / adult survivor support group is appropriate to the circumstances of the investigation (and that decision should be kept under review at all times). The SMG should give consideration to the appropriate composition of the child and family / adult survivor support group and should receive regular reports from the representative of the child and family support group. The group should consider what resources are necessary to support such activities.
14.3.27 Considering the appropriateness in individual cases of meeting parents of children involved and relatives of adult survivors to keep them fully and consistently informed as to the steps being taken by the relevant agencies and the support available to them.
14.3.28 Considering whether voluntary or independent agencies which operate in establishments should be directly involved in, or have knowledge of, the strategic management of such investigations.
14.3.29 Keeping the establishments subject to investigation fully informed of the progress of the investigation, as well as the registration authority, Ofsted.
14.3.30 Establishing a clear policy, consistent for each suspect, in respect of what should be the subject of a prosecution. Decisions on whether or not to prosecute rest with the Crown Prosecution Service (CPS). Where possible, it is good practice to agree with the CPS an initial nominated person for all such cases through whom consistency of decision-making can be achieved, although in large CPS areas there may be a need for a number of prosecutors to deal with such cases.
14.3.31 An individual must be designated to act as co-ordinator between the SMG and the joint investigative group identified in the plan.
14.3.32 The responsibility of the co-ordinator is to manage the joint investigative group and prepare a report at the conclusion of the case.
14.3.33

The SMG must agree a schedule of dates for future meetings in order to:

  • Monitor the progress, quality and integrity of the investigation;
  • Review risk indicators for the children involved;
  • Consider resource requirements;
  • Consider the appropriate timing of the termination of the investigation;
  • Plan a de-brief meeting with the joint investigation group to identify lessons learnt.
14.3.34 A dedicated team of police officers should be formed to deal with a cross boundary enquiry.
14.3.35 The SMG must remain in existence at least until the court or the CPS has made a decision about the alleged perpetrators.
14.3.36 The SMG must report in writing to the LSCB, which must consider at the first available opportunity whether a serious case review should be initiated.


Joint investigation team membership
14.3.37 The strategic management group should identify those people from within and outside their organisations who have the required expertise for dealing with a complex abuse investigation. This will include experience of investigating allegations of abuse, compiling profiles and understanding methods of abusers (in cases of sexual abuse), child protection processes, children's welfare, legal processes, disciplinary proceedings and working with child victims, adult survivors and their families.
14.3.38 This group, led by the police senior investigating should consist of experienced personnel from the Child Abuse Investigation Command and LA children's social care (or independent agency or social workers).
14.3.39 Membership may also be drawn as necessary from the appropriate health professionals (in particular the forensic medical examiner (FME), the designated and named doctors and nurses for safeguarding children and psychiatrists), education (head teachers and class teachers), CPS, LA legal services, probation and victim support services.
14.3.40 In selecting staff to be involved in the investigation, it is essential to identify individuals in whom it is possible to place absolute trust and who display sensitivity, honesty, empathy and personal maturity. This process will require the careful checking of references and employment history. It is vital that all investigators are and can be seen to be independent from those parties who are the subject of the investigation. Members of the investigation team could include existing members of the agencies conducting the investigation (as long as such individuals do not have any connection with the matter being investigated and appropriate arrangements are made to cover their normal duties while they are working on the investigation), appropriately qualified agency staff brought in on long-term contracts for the duration of the investigation, or an outside organisation.
14.3.41 Police officers chosen for the investigative teams must have a good investigative background. A significant proportion of chosen officers should have experience in child protection investigative work. All police officers should have the personal qualities to cope with the inherent stresses and high emotional content of child protection investigation work. Similarly, social workers chosen for investigative teams will need a depth and breadth of experience in child protection investigations with the police and both family justice and criminal court work. Where victims or witnesses are identified as having special needs such as learning impairments or communication difficulties, more specialist staff will be required.
14.3.42 In selecting staff, consideration should also be given to requirements arising from the individual needs for the relevant child/ren e.g. gender, culture, race language, and where relevant, disability
14.3.43 The size of the group will depend on the scale of the investigation, but in the majority of cases both the police Major Investigation Team and LA children's social care should provide a line manager and two staff / officers experienced in interviewing children and trained in Achieving Best Evidence in Criminal Proceedings.
14.3.44 Consideration should be given to the employment of a trained archivist / researcher to undertake duties such as tracing of inquiry subjects. Employment of such an individual may greatly enhance the operation of an investigation given that there may be a large amount of paper-based files used as sources of information. These files will vary in age, format and quality so that for the purposes of information management, development of a specialised file system may be invaluable.


Practical arrangements: security, accommodation and communications
14.3.45 Administrative support, information technology and accommodation requirements must be addressed at the outset, including the storage of confidential records.
14.3.46 A key issue in any complex abuse investigation will be ensuring the security of the investigation.
14.3.47 The enquiry will invariably be managed on 'HOLMES', a comprised management tool for running large / complex enquiries, managed by the police SCD5 Major Investigation Teams in a secure environment.
14.3.48 Those managing the investigation need to be aware that there may be attempts to sabotage the investigation, to destroy materials or to interfere with or intimidate staff working on the investigation. Appropriate steps should be taken to minimise these risks.
14.3.49 The location of the group must take account, both geographically and organisationally, of the need to maintain confidentiality, especially crucial where the investigation concerns staff or carers.
14.3.50 Appropriate facilities must be available for video interviews and paediatric assessment.
14.3.51 Certain investigations may involve an element of whistleblowing. In this context, it should be possible for individuals to approach the investigative team with confidence as to their anonymity and personal safety. A secure telephone line and discreet access to the investigation team may help staff (and the public) to come forward and ensure confidentiality. However, it should be made clear that it is not possible to give an unequivocal guarantee of confidentiality during any subsequent court proceedings.


Investigation management group
14.3.52 An investigation management group should be set up under the strategic management group. Meetings of this group should also be fully minuted. The senior investigating officer or their deputy should chair the investigation management group and membership should include representatives from LA children's social care, education, health, and local authority legal services. Other agencies should be invited to be members of the group as appropriate.
14.3.53

The tasks and functions of the group may vary from case to case but should normally include the following matters:

  • To provide a forum where professionals can meet, exchange information and devise tactics for the implementation of agreed strategy on a day to day basis to progress the investigation;
  • To ensure a consistent strategy for interviewing victims within and outside council areas;
  • To keep the strategic management group informed of any resource shortages experienced by professionals;
  • To ensure a consistent and appropriate inter-agency approach to practical and emotional support for victims and their families throughout the investigation, including facilitating such services where victims fall outside of the jurisdiction of the investigating agencies;
  • To co-ordinate inter-agency response to families and provide consistent information;
  • To ensure all staff working on the investigation are given support and ensure welfare concerns are addressed;
  • To ensure that issues which need to be shared by other agencies not represented on the strategic management group or investigation management group are communicated to those agencies and addressed;
  • To ensure that all staff involved in the investigation are clear about the parameters of shared information, data protection and confidentiality between the various agencies and observe the terms of the information sharing protocol agreed by the strategic management group. It should be clear that investigators will have full access to records and individuals holding important information;
  • To ensure that relevant intelligence has passed between agencies and to the police major incident room (MIR). Intelligence should also be passed to the force intelligence centre as appropriate.


Joint investigation team responsibilities
14.3.54

The joint investigation team (supervised by the investigation management group) is responsible for:

  • Planning the overall investigation, involving record checking, evidence gathering, planning and undertaking a series of interrelated interviews and surveillance if required;
  • Considering the implications of crossing geographical boundaries;
  • Holding planning meetings for individual pieces of work (e.g. video interview of a child and / or to protect a child);
  • Gathering other evidence including forensic evidence, interviews with alleged abusers, witnesses and other corroborative evidence;
  • Communication and liaison with other agencies on a need to know basis;
  • Convening inter-agency meetings and / or child protection conferences as appropriate;
  • Co-ordination and timing of therapeutic services;
  • Regularly updating the SMG on the progress made and recommending when to close the investigation;
  • Consideration of arrangements for court hearings and support to children and families;
  • Recommendations as to the placement of children and any contact involving children and their siblings, relatives or other adults.


Crossing geographical and operational boundaries
14.3.55 It may be recognised at the outset or during the investigation that there are suspected or potential victims in more that one geographical area (where the NSPCC are involved in investigations, they can operate across LA and police boundaries to provide consistency).
14.3.56 At the outset, the responsibility for managing the investigation lies with the police in the borough where the abuse is alleged to have occurred / where the alleged perpetrator/s are alleged to operate, who will make necessary approaches / contact with other affected areas through the SMG.
14.3.57 Once it is recognised that there are suspected or potential victims in other areas, a joint approach should be made by the SMG to the appropriate LA children's social care and police team.
14.3.58 The original joint investigation team should undertake the investigation on behalf of the other geographical areas. Other LA children's social care services must consider the funding of this service covering children in its area.
14.3.59 A senior manager from each area should join the initiating SMG to discuss this and agree any resource implications involved.
14.3.60 If the number of victims outside the geographical boundaries of the original joint investigative team increase to the extent that it cannot respond, then a joint investigative team in the new geographical area should be established.
14.3.61 It is essential that there is a joint SMG to provide overall planning. If it is necessary to have more than one joint investigative team, there must be close working between co-ordinators and processes for full information sharing.


14.4


Access to Records
14.4.1 One of the most difficult issues in complex abuse investigations relates to the tracing, use, management and disclosure of documentary information relevant to the investigation. The investigative team should consider what information is required and where it is likely to be and take immediate steps to secure it within each agency. The investigative team will also need to access a variety of records during the investigative process.
14.4.2 It must be recognised by those seeking to trace victims that some may be very reluctant to co-operate with any inquiry and provide information. Staff records usually prove somewhat easier to trace due to pension rights, but casual and voluntary staff can prove elusive. A vast range of documentary information will exist on residents' personal files, personnel files and general establishment records and registers. It is crucial that the location of these is quickly identified so that they can be secured. Clear protocols and procedures for investigative access to this material will need to be established and enforced.
14.4.3 The inquiry will need to take into account the relevant dates of service of the alleged perpetrator at the establishment to which the allegations relate and those at all other places of work throughout their entire service. The process of collating all relevant service dates, records of residents and members of staff for each establishment can be extremely difficult in practice.


14.5


Information Sharing

Confidentiality when exchanging information
14.5.1 Child abuse investigations rely critically on sensitive or highly confidential information being made available to investigators. Agencies must have a protocol in place to address the sharing of information. The strategic management group must ensure the effective use of the protocol for the purposes of any inquiry. All members of the investigation team should be aware of, understand and observe the protocol. It is vital to establish clear understandings about the rules governing disclosure of information to members of the investigating team and those colleagues and supervisors who require access to the information, who must be regarded as forming a circle of confidentiality. Consideration should also be given to the use of confidentiality agreements with regard to individuals employed to undertake the investigation.
14.5.2 The Data Protection Act 1998 requires that personal information is obtained and processed fairly and lawfully, is only disclosed in appropriate circumstances, is accurate, relevant and not held longer than necessary; and is kept securely. The Act allows for disclosure without the consent of the subject in certain conditions, including for the prevention and detection of crime, or the apprehension or prosecution of offenders, and where failure to disclose would be likely to prejudice those objectives in a particular case.


Risk assessment of alleged perpetrators
14.5.3 There needs to be an exchange of information in order to manage the risk to the public, and it is important to ensure the maximum confidentiality of such exchanges. Only relevant information should be shared in relation to alleged perpetrators and victims. The police should share information relating to the alleged offence and any other relevant information. LA children's social care should share information about the known conduct and current professional / domestic circumstances of alleged offenders and, where applicable, victims.
14.5.4 Any other information relevant to protect the public from the commission of further offences should also be shared. Children currently living with an alleged perpetrator or to whom an alleged perpetrator has unsupervised access may be at risk of harm. Alleged perpetrators may have contact with children in other contexts (e.g. through youth work, day care, etc.) or as a volunteer.
14.5.5 When a statement of complaint is received in respect of an alleged perpetrator, a risk assessment is immediately required. It is necessary for the level of risk to be assessed so that steps can be taken to ensure that all current risk of harm is considered and minimised. It is not appropriate for a risk assessment to be carried out by officers engaged in the investigation.
14.5.6 The Criminal Justice and Court Services Act 2000 makes provision for MAPPA to be established and places a statutory duty on the police and probation services to manage risk for identified groups of perpetrators. As part of these arrangements, police forces and probation areas must have established procedures for assessing risk and for information sharing. It is important that in cases where an alleged perpetrator is identified, steps are taken for notification to be provided to the multi-agency risk panel.
14.5.7 The notification by the investigating team should be made to the MAPPA relevant to the area where the alleged offender is currently residing. It will be essential during the course of the investigation for the investigating team and the multi-agency risk panel to have effective lines of communication so that relevant parties are quickly notified of changing circumstances.


Access by the police to LA children's social care files
14.5.8 LA children's social care files frequently contain information or evidence relevant to an investigation. It is a matter for the police Senior Investigating Officer (SIO), on a case-by-case basis, to decide what access to files is necessary to ensure an effective investigation. In arriving at the decision, the SIO should balance the competing issues and ensure that their decision and rationale, including all relevant information which impacted on the decision, is recorded in the 'Decision Log'.
14.5.9 If files are disclosed to the police, the local authority should be aware that the prosecution may be required to disclose these to the defence in the event of a criminal prosecution. The prosecution is required to provide material to the defence which will form part of the prosecution case. Also, under the Criminal Prosecution and Investigations Act 1996, the prosecution has a statutory duty to disclose to the defence any unused material which may undermine the prosecution case or assist the defence case. This may lead to the disclosure of files in full or in part to the defence. However, in the case of sensitive material, it is open to the prosecution to apply to the court to withhold such material on public interest immunity grounds. In such circumstances, it will be a matter for the court to determine whether such files should be disclosed.
14.5.10 Both the prosecution and defence may also apply to the court for a summons requiring the production of LA children's social care files. In such circumstances, the local authority has the opportunity to oppose the application and it is open to the authority to seek to withhold the material on public interest immunity grounds. Again, the court will determine whether the files should be disclosed.


Information sharing between health, the police and local authorities
14.5.11 The duty of confidentiality requires that unless there is a statutory requirement to use information that has been provided in confidence, it should only be used for the purposes of which the subject has been informed and to which they have consented. This duty is not absolute, but should only be overridden if the holder of the information can justify disclosure as being in the public interest. Decisions to disclose information without consent should be documented and the public interest justification clearly stated. The tests for disclosure without consent will often be satisfied in child abuse cases where the protection from harm and the prevention and detection of crime are the reasons for disclosure.
14.5.12 Whilst it is not entirely clear under law whether or not a common law duty of confidence extends to the deceased, the Department of Health and professional bodies responsible for setting ethical standards for health professionals accept that this is the case.
14.5.13

The General Medical Council (GMC) has produced guidance entitled Confidentiality: Protecting and Providing Information (2004). It underlines the importance in most circumstances of obtaining a patient's consent to the disclosure of personal information, but makes clear that information may be released to third parties, if necessary without consent, in certain circumstances. Those circumstances include the following:

  • Disclosure in the public interest

    'In cases where you have considered all the available means of obtaining consent, but you are satisfied that it is not practicable to do so, or that patients are not competent to give consent, or exceptionally, where the benefits to an individual or to society of the disclosure outweigh the public and the patient's interest in keeping the information confidential.' (Paragraph 18)
  • Disclosure in the interests of others

    'Disclosure of personal information without consent may be justified where failure to do so may expose the patient or other to risk of death or serious harm. Where third parties are exposed to a risk so serious that it outweighs the patient's privacy interest, you should seek consent to disclosure where practicable. If it is not practicable, you should disclose information promptly to an appropriate person or authority.' (Paragraph 36)

    'Such circumstances may arise e.g., where a disclosure may assist in the prevention or detection of a serious crime. Serious crimes, in this context, will put someone at risk of death or serious harm, and will usually be crimes against the person, such as abuse of children.' (Paragraph 37)
14.5.14 Any information sharing about living, identifiable individuals between the NHS, the police and local authorities must then be carried out in accordance with the requirements of the Data Protection Act 1998. The Act does not apply to the deceased. Disclosure may be made under the Act provided that the processing complies with its eight enforceable data protection principles or can rely upon one of its non-disclosure exemptions.
14.5.15 The data protection officer within an organisation is responsible for ensuring compliance with the Data Protection Act. Where there is any doubt as to the procedure to follow in order to ensure such compliance, advice should be sought from the organisation's data protection officer in the first instance.


14.6


Disclosure of Information to Third Parties
14.6.1 In the course of an inquiry, information about alleged perpetrators may sometimes need to be made available to individuals not directly involved but who are part of a recognised statutory agency. Nothing in this procedure should restrict the forwarding of information in circumstances where it is necessary to prevent the risk of further offending.
14.6.2 Disclosure decisions outside the framework of the statutory agencies have to be determined by the multi-agency risk panel relevant to where the alleged offender resides. The principles established in sections 14.5.3 to 14.5.7. Risk assessment of alleged perpetrators, should be followed.


Disclosure of unused material to defence
14.6.3 Investigations of this nature are subject to the same rules of disclosure as any other prosecution. The requirements of the Criminal Procedure and Investigation Act 1996, the Code of Practice made under that Act, the Joint Operational Instructions on Disclosure of Unused Material (2004) and the Attorney General's Guidelines on Disclosure all apply. The identification of unused material for the purpose of disclosure is somewhat more complicated than in other Home Office Large Major Enquiry System (HOLMES) inquiries, which usually revolve around only one case. The material should be well documented and, as in all cases, adequately described in the appropriate schedule, including a separate schedule of sensitive material. It is then a matter of scrutinising it to identify which material is relevant, and therefore subject to disclosure or alternatively to possible claims of public interest immunity. The disclosure officer is therefore a key individual who should be carefully selected and should have been fully trained. They can also seek legal advice (including from the CPS if necessary) on complex disclosure issues.


Compensation claims and civil litigation
14.6.4

A proportion of complainants in criminal prosecutions of this nature applies for compensation from the Criminal Injuries Compensation Authority (CICA) and / or sues for damages in the civil courts. In these cases the police will have to enter into correspondence with CICA and / or solicitors. Statements and previous convictions of complainants are the documents most often required by solicitors. Statements should only be released at the conclusion of all criminal proceedings. But consideration should be given to the time limits which exist for the submission of civil claims. The Senior Investigating Officer (SIO) should consider the competing needs of the individual and the investigation to ensure that applications for civil claims are not prejudiced. The release of other unused material should be considered case-by-case on the basis of a developed policy. As holders of such material, the police should strike a balance to meet the requirements of:

  • The rules in respect of discovery in civil litigation (which are quite different from disclosure in criminal cases);
  • The complainant and their solicitor;
  • The local authorities or voluntary bodies subject of the litigation;
  • The Data Protection Act 1998.
14.6.5 Where there are ongoing criminal proceedings, it may be appropriate for the SIO to consult the CPS about the release of material in such circumstances, as there is a potential to impact upon the ongoing criminal proceedings.
14.6.6 Civil litigation of necessity continues after criminal procedures and may have resource implications for the investigating force for a number of years after the criminal investigation is concluded. In some cases, the defence may claim that the victims are motivated to make the allegations by potential financial reward. It is important that the strategic management group's policy and procedures on avoiding discussion of compensation are rigorously followed from the outset of the investigation. This will ensure that officers are not open to criticism for offering the prospect of compensation as a means of securing co-operation in an investigation which in turn may damage the credibility of the witness or cast doubt on their motives. In the event that the victim or witness raises the issue with the investigating officer and asks for advice about a claim or where they can obtain information, the officer should follow the procedures set out in the investigation policy. It is important to know if the investigating officer is made aware that a potential victim or witness is claiming compensation, and for this to be recorded and revealed to the CPS to decide if it is disclosable.


Referral of information about alleged abusers
14.6.7  The Waterhouse Inquiry report has noted the importance of adequate referral of information about suspected abusers. It is probable that an investigation will identify individuals who are suspected abusers but against whom prosecutions are not brought. If a suspected abuser is working with children in a child care position, or in the education service, it is essential that due consideration is given to releasing evidence and information to support disciplinary proceedings and to enable, where appropriate, the referral of suspected abusers to the Department for Children, Schools and Families (for inclusion on the Protection of Children Act (POCA) List and List 99) / Independent Barring Board (as part of the new Vetting and Barring Scheme, under the Safeguarding Vulnerable Groups Act 2006, which will commence from Autumn 2008).
14.6.8 Any actions / non-actions, and the reasons for taking them, should be recorded. Consideration should also be given to releasing evidence and information direct to the DCSF to consider including a person on List 99 if the person is not currently employed with children, but has worked as a teacher or in schools in the past.
14.6.9 If the NSPCC are not involved in the investigative activity of the inquiry, consideration may be given to asking the NSPCC Independent Inquiry and Assessment Service (IEAS) to undertake an independent risk assessment. In addition to confidential assessment processes, these assessments should examine the values and attitudes of alleged abusers in line with recommendations contained in Norman Warner's report Choosing with Care (1991).


14.7


Support

Support for victims and witnesses
14.7.1 An unequivocal victim support strategy and protocol should be established at the outset. Support will be required in pre-trial, trial and post-trial periods. Minimum periods for contact should be established. It is clear from experience in previous investigations that many victims and families feel strongly that it is important that they remain in contact with the same staff throughout the investigative process.


Support for victims and witnesses during investigation
14.7.2 It is recognised that recounting past abuse may be profoundly traumatic for victims. Victims must be cared for appropriately, and it is important to be sensitive to their particular needs. For example, adult survivors of childhood abuse are likely to require different kinds of counselling support, and a judgement will need to be made about the most appropriate type of counselling available locally. There should be effective collaboration with local health services and independent counselling agencies to ensure that referrals to appropriate counselling and health services (including mental health services) can be made.
14.7.3 The scale of the investigation often leads to a prolonged period between the complaint being made and its eventual conclusion. Victims and witnesses will often require a degree of support throughout this process, and there is potential for conflict between the police investigative role and the provision of such support.  Victims of rape and serious sexual offences may require long term support once the criminal justice process is over, and in these circumstances both pre and post-trial support should be carried out by an organisation other than the police.
14.7.4 Particular problems may arise where witnesses are serving prisoners, and appropriate arrangements may need to be made in such cases (including keeping probation services informed). Police and social workers should make contact with the complainant at designated intervals in order to inform them of the current stage of the investigation. The Victim's Charter sets out the stages of the case when victims, or their representatives, must be made aware of developments. Regular contact also helps to ensure that during the interim period the whereabouts of the complainant are known. The importance of regular contact with the victim cannot be overemphasised.
14.7.5 The experience of previous investigations has indicated that counselling services may be placed under considerable pressure by the demands generated during the investigative process. Certain investigations will involve large numbers of victims who may be identified simultaneously. In these situations, the strain placed on counselling services is most acute. This points to the necessity of involving senior managers in the resourcing and co-ordination of work from the outset and then keeping them adequately informed throughout the process.
14.7.6 In large-scale complex child abuse inquiries, there may be merit in setting up dedicated helplines to be available to inquiry subjects, their families and members of the public.


Support for victims and witnesses at court
14.7.7 Police and social workers should be available at court to provide support to witnesses in accordance with the established operational policy, which should take account of the potential for identified police / social work professionals to be called as witnesses.
14.7.8 Witnesses should be kept apart, and in some cases police officers and victims may also need to be kept apart to avoid allegations of collusion.
14.7.9 Support for witnesses should be guided by the needs of the witness: the expertise of experienced Victim Support Scheme volunteers, including those from the Witness Service, should be considered and they should be consulted about other agencies which may be better able to support particular witnesses (e.g. those with learning difficulties).
14.7.10 In those cases where the police have been providing long-term support (e.g. as family liaison officers), occasionally immediately before the commencement of a trial, the defence object to continued support being given to a witness by specific police officers (where this is longstanding). The withdrawal of trusted support is frequently traumatic for the witness and planning should take account of such a possibility, with consideration being given to support being provided by another organisation.
14.7.11 It is essential to consider the effect which the provision of counselling and other therapeutic services to victims and witnesses may have on the judicial process. For this reason, it is important that the police and the CPS are made aware that therapeutic support is proposed, is being undertaken, or has been undertaken. The nature of the therapeutic support should be explained so that consideration can be given to whether or not the provision of such support is likely to impact on the criminal case.
14.7.12 The CPS will offer advice as requested on individual cases, on the likely effect of the therapy on the criminal process. However, the decision about whether, and if so in what form, therapeutic support should take place before a criminal trial is not a decision for the police or the CPS. It is for those responsible for the welfare of the child, in consultation with the child's carers and, where appropriate, with the child. Where therapeutic support does take place, it is important that a record of the therapy is maintained so that it can, if appropriate, be made available in the judicial process. In all circumstances, the welfare of the child is the paramount consideration. See section 5.33. Pre-trial therapy.
14.7.13 Whenever possible, the allocated LA children's social care team member or member of the Court Witness Service should be present in court when each complainant / witness is to give evidence. They should leave the court with the witness after evidence has been given and should then determine with the witness what immediate support they require. The immediate support should be provided by the social worker, the Court Witness Service member or the linked police officer individually or jointly, or by a counsellor - whichever the witness is most comfortable with.


Victim aftercare
14.7.14 When the case is concluded, the police should gradually withdraw from regular contact with victims. It is impractical, and often unnecessary, to maintain the levels of contact required before a trial. Nevertheless, it is recognised that the trial process can be as traumatic to a complainant as the initial making of their complaint. Social work staff may need to remain in contact for a longer period and gradually devolve any long-term support or counselling needs to appropriate bodies.
14.7.15 The National Probation Service (NPS) has a statutory duty to contact the victims of those offenders sentenced to 12 months or more for a sexual or violent offence. After a plea or finding of guilt, it would normally be the responsibility of the police to advise the victim that they are passing on the victim's contact details to the relevant probation area and give the victim the opportunity to opt out of the transfer of this information. At the same time, the police should hand the victim a leaflet explaining the NPS's role. Within two months, the NPS would be in contact with the victim asking, among other issues, if they want information about how the prison system works and / or if they may eventually want to express a view about conditions attached to the prisoner's release. It is for the victim to decide if they wish to be involved in this procedure.


Staff support
14.7.16 Support for members of the investigative team is the responsibility of the strategic management group. Clear arrangements should be in place from the outset for both the seconded staff and linked management. These should include debriefing for all staff on the operation.
14.7.17 Operational staff should never be in a position where they are investigating colleagues.
14.7.18 Particular caution will need to be exercised in approaching individuals who are alleged to have been perpetrators. Visits should not be made alone and protocols for staff safety and handling violence should be agreed and observed.


14.8


Media Handling
14.8.1 No agency should underestimate the level of media interest in complex abuse investigations. The main task of handling the media should be assigned to a senior manager in each agency who is in close contact with the detail of the investigation. The Senior Investigating Officer should have an operational media strategy in place from the commencement of the investigation. It is vital that all statements to the media are cleared, via the Senior Investigating Officer, at the level of the strategy management group, and that consistency is maintained throughout. Staff must have available to them a clear line of referral for media inquiries in order to ensure that statements are only issued by designated spokespeople. Individual agencies should not express independent views as to the conduct of the investigation.
14.8.2 There are many legal restrictions governing what might be said to the media during the course of criminal and / or care proceedings, including any injunctions that might be in force. It is therefore essential that consideration is given to obtaining legal advice before any information is released to the media. The investigation team should be aware of the potential dangers of uncontrolled or inappropriate media reporting on future criminal proceedings at the investigation stage. Many sensitive cases which have attracted significant media attention at the investigative stage are subsequently the subject of defence submissions on abuse of process and the inability of the defendant to have a fair trial because of the level and nature of media reporting.
14.8.3 It is essential that victims and their families are protected from the potential trauma that may be associated with media interest in their cases. All press releases should avoid identifying victims so that they may be shielded from media attention unless and until they need to attend court.
14.8.4 The Senior Investigating Officer must be made aware of all pre-sentence communications to ensure that the integrity of the prosecution is maintained.


14.9


Closure and Review of Investigation

Exit strategy
14.9.1

Where closing a case, the following tasks should be completed as appropriate:

  • Obtain final list of indictments (Protection of Children Act 1999);
  • Inform Force Intelligence Bureau for risk assessments and actions under the Sex Offenders Act 1997;
  • Inform all complainants / witnesses of the result of the case;
  • Inform all relevant agencies of the result of the case;
  • Agree procedure for dealing with victims who identify themselves at a later date and / or victims who remember things after the event;
  • Consider the need to offer continuing support to child victims and their families who have been in contact with the investigation;
  • Consider the need to maintain contact with witnesses, giving particular consideration to child witnesses who have given evidence in court proceedings, and ensure provision of counselling where appropriate;
  • If an offender is sentenced to one year or more, provide details of victims to the probation service and hand out copies of information leaflet to victims;
  • Subject to any directions by the court, return exhibits 35 days after conviction or, if the defendant appeals, at the conclusion of any appeal.
14.9.2 Cases where the alleged perpetrator cannot be traced should only be closed on the authority of the Senior Investigating Officer, in consultation with a senior representative from the relevant LA children's social care department. The same authority is required for the disposal of cases where the alleged perpetrator has been traced but the CPS has decided not to proceed on the grounds of insufficient evidence or public interest.
14.9.3 All agencies should review the investigation once it is completed. The review should highlight any policies, procedures or discipline processes which need changing for the various agencies. The LSCB may already have conducted a serious case review (although in some cases this may not be completed until the conclusion of court proceedings). It is good practice to conclude all major investigations with an overview report highlighting the prime activities and findings of the inquiry with recommendations for future inter-agency learning. This may lead to both inter-agency and individual agency action plans.


Records to be maintained and file storage
14.9.4 The Code of Practice made under the Criminal Procedure and Investigations Act 1996 sets out the minimum requirements for record retention in all criminal cases and defines action to be taken by the police in the context of retention and disclosure of material held by third parties. It is considered good practice to maintain a central registry and file storage facility for all cases that come within this guidance. The holding agency should ensure that all documents and files used and / or generated in the process of an investigation are retained securely.
14.9.5 Agencies involved in such cases have differing requirements and are subject to a variety of regulatory and voluntary file retention periods. It is also necessary to cater for the production of material in connection with civil actions and the Freedom of Information Act. It is recommended that, against the various needs of agencies, all original files be retained for a minimum period of six years from the date of the completion of the investigation (whether or not proceedings are instituted) in consideration of the fact that information contained in these files may be required in subsequent criminal and / or civil proceedings. Such material may also be relevant as supporting evidence for compensation claims to the Criminal Injuries Compensation Authority. Certain material may be relevant to subsequent investigations and / or enforcement action by a regulatory body such as the National Care Standards Commission.

End