6.15 Guidance for Safeguarding Sexually Active Young People (Worcestershire) |
Contents
- Introduction
- Background
- Under 13 Year Olds
- 13, 14 and 15 Year Olds
- 16 and 17 Year Olds
- Breach of Trust
- Sharing Information with Parents and Carers
- Health Professionals
- References
1. Introduction
| 1.1 | This guidance has been produced by a multi-agency group of professionals, in accordance with Working Together to Safeguard Children, DfES 2010. The guidance is designed to assist those working with children and young people to identify when relationships may be abusive and the children and young people may need the provision of protection or additional services. It acknowledges the dilemmas faced by safeguarding professionals in respecting the human rights of young people, whilst at the same time ensuring that any cases of children and young people in need of protection are identified. |
| 1.2 | Professionals must always be aware of the importance of culture, ethnicity and religion in working with these young people and their families. There will be differing attitudes to young peoples’ sexual activity in different religions and cultures. It is important to consider these attitudes and their implications for the young person in any assessment and action plan. This is of particular importance when working with young people who have cultural backgrounds where sexual activity outside marriage may be seen as bringing dishonour on the family. It is also important to be alert to the possibility of young women who may have experienced a forced marriage. |
| 1.3 | This guidance applies to both young women and young men, regardless of sexual orientation. In working with these young people it is important for professionals to be alert to potentially abusive situation for both young men and young women. It may be more difficult for a young man to acknowledge that he may be being sexually abused. |
2. Background
| 2.1 | Curiosity and an interest in sex are normal for adolescents who will experiment to a greater or lesser extent. It would be inappropriate that these normal early sexual experiments should be considered criminal. It is not the intention to criminalise young people for following their normal instincts. However, early sexual activity can expose young people to danger, particularly those whose maturity and understanding is at variance with their sexual development and behaviour. It is these young people whom this guidance seeks to protect, as well as those who have been forced or coerced and are, or at risk of, being sexually abused. |
| 2.2 | Professionals would seek to discourage young people from engaging in full sexual activity when they lack the maturity to appreciate the risks and consequences. They would also wish to ensure that young people in sexual relationships are doing so safely and with a knowledge of the risks. In doing this, it is important that professionals establish that these young people are not being abused and forced or coerced into sexual activity. |
| 2.3 | Many young people will be reluctant to discuss the fact that they are sexually active, as they will be aware that they are below the legal age of consent. In these circumstances professionals working with the young people must tread a fine line between ensuring that the young person is not a victim of abuse and deterring them from obtaining advice and medical support. |
| 2.4 | It is therefore the purpose of this guidance to ensure that young people are provided with appropriate health advice and not criminalised for normal adolescent sexual experimentation, whilst at the same time ensuring they are safeguarded and protected from harm. |
| 2.5 | In working with young people, it must always be made clear to them that absolute confidentiality cannot be guaranteed, and that there will be some circumstances where the needs of the young person can only be safeguarded by sharing information with others. |
3. Under 13 Year Olds
| 3.1 | It must be born in mind, when working with young people in this age group who are sexually active, that under the Sexual Offences Act 2003 they are considered to be of insufficient age to give consent to sexual activity and therefore this is a potentially serious criminal offence. Their age means they are less able to make their own balanced decisions and they will therefore be more liable to abuse and coercion. |
| 3.2 | In fully assessing whether these young people are victims it will be necessary to share information with other safeguarding agencies. This will also help in providing information to Police and Children’s Services on individuals who may pose a risk of harm to children either currently or in the future. |
| 3.3 | In all cases where professionals become aware of young people under the age of 13 who are engaged in sexual activity, there is a PRESUMPTION that Children’s Social Care will be informed. There should first be a discussion with that agency’s nominated safeguarding/child protection officer. The date, details of this discussion and the decisions reached should be recorded. Following this discussion there is a presumption that a child protection referral will be made to Children’s Social Care, who will follow the normal child protection procedures, commencing with a Strategy Discussion. |
| 3.4 | Where there is a risk of immediate harm to a young person the police should be informed with a view to assessing the need for immediate protective action. Also it is important to minimise the risk of any evidence being destroyed. |
| 3.5 | The Strategy Discussion will involve representatives from Children’s Social Care and the Police, and from other agencies as appropriate. The discussion is very important, as the information shared by agencies may indicate concerns about either party in the relationship or their families. It will help to build a fuller picture and may identify particular concerns which one agency alone would not be able to do. It will also ensure that this incident is recorded and available for reference should there be any future concerns regarding one of the parties. Future child protection concerns may go undetected without this sharing of information. |
| 3.6 | Following the strategy discussion if the concerns of significant harm are upheld, then the child protection procedures, with a Section 47 Enquiry, will be followed. |
| 3.7 | If the strategy meeting concludes that both young people are not at risk of Significant Harm, it will not be necessary to carry out child protection procedures. However, there may be safeguarding issues as children of this age can be very vulnerable and it is important to promote their welfare. A child in need referral to Children’s Social Care for further assessment may be appropriate and/or signposting to the Sexual Health Service. |
| 3.8 | In exceptional circumstances where there is a decision not to refer a young person to Children’s Social Care, then the discussion and decision, with reasons, must be fully recorded. This decision should not be made by one worker on their own. The agency’s designated safeguarding officer/manager must be informed of this decision and the discussion should be recorded. The professional and the agency are accountable for the decision reached and full recording is essential. |
| 3.9 | On each occasion when the young person is seen subsequently, this decision should be reviewed. If further information has come to light, or circumstances have changed, which leads to greater concern about the welfare or safety of the young person, then consideration should again be given to the need for an immediate referral to Children’s Social Care. |
4. 13, 14 and 15 Year Olds
| 4.1 | Within this age range, there are relatively large numbers of young people engaged in sexual activity. In most cases it would prove an unproductive task to commence child protection enquiries for these young people. However, young people of this age can still be vulnerable and some of them may be in abusive relationships. It is therefore important that professionals who become aware of young people in this age group in sexual relationships make an assessment of the nature of the relationship. |
| 4.2 | An assessment should take place of the young person’s competency to give consent and of the nature of the relationship. In doing this, the following considerations should be taken into account.
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| 4.3 | The outcome of this assessment, any decisions reached and the evidence on which they are based should be recorded. |
| 4.4 | When the professional is concerned about the nature of the relationship, they must discuss this with their nominated safeguarding officer or their manager. If the concerns are upheld, then a referral of child protection must be made to Children’s Social Care. |
| 4.5 | In the situation where the concerns are not upheld following the discussion, then this discussion and decision must be recorded, stating the reasons for the decisions. IN ANY SITUATION WHERE A PROFESSIONAL IS UNSURE OF THE COURSE OF ACTION TO TAKE THEY MUST CONSULT WITH THEIR NOMINATED SAFEGUARDING OFFICER AND/OR CHILDREN’S SOCIAL CARE. |
5. 16 and 17 Year Olds
It is important to remember that 16 and 17 year olds can be abused and exploited sexually. This is particularly true of those who are vulnerable, e.g. young people with disabilities; those who are less mature than their peers; those with unsettled lifestyles; those living away from home.
6. Breach of Trust
Under the Sexual Offences Act 2003, it is a serious offence for a sexual relationship to take place between a young person under the age of 18 years and an adult who “is in a position of trust” in a variety of settings e.g. youth clubs, residential care, schools and further education colleges. This includes people who are working with children and young people in a paid or voluntary capacity. These situations must always be referred to Children’s Social Care as a child protection referral. The procedures for dealing with an allegation against a member of staff will then be followed.
7. Sharing Information with Parents and Carers
Whether it is appropriate to share information with parents and carers should be considered in all situations where there is concern about the safety or welfare of the young person. This should be part of the assessment and based on what is in the child/young person’s best interests. Where a strategy meeting is held it will be a part of the multi-agency decision making process. Decisions will be based on the child’s age, maturity and ability to appreciate the risks to themselves, as well as the parents/carers’ ability to protect the young person.
8. Health Professionals
Health professionals have specific duties with regard to sexually active young people. They have a duty of care and confidentiality to all patients, including under 18 year olds and they must provide appropriate medical advice and treatment. Neither Working Together to Safeguard Children 2010 or the Sexual Offences Act 2003 affects that duty of care. It is most important that this group of young people is provided with appropriate medical advice and treatment. However, the duty of confidentiality is not absolute. The welfare of the young person is paramount and when a health professional believes that a child is at risk of significant harm, the duty of protection outweighs the duty of confidentiality.
9. References
Sexual Offences Act, 2003
Best Practice Guidance for Doctors and Health Professionals on the Provision of Advice and Treatment to Young People Under 16 on Contraception, Sexual and Reproductive Health (DOH 2004)
Working Together to Safeguard Children (The Stationery Office, 2006)
Information Sharing: Practitioner’s Guide (DfES,2006)
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