4.3 Children who Abuse Others

Work with children and young people who abuse others should recognise that such children are likely to have considerable needs themselves, and also that they may pose a significant risk of harm to other children or adults. Research evidence suggests that children who abuse others may have suffered considerable disruption in their lives, been exposed to violence within the family, may have witnessed or been subject to physical or sexual abuse, have problems in their educational development and may have committed other offences. Such children and young people are likely to be a Child in Need, and some will in addition be suffering or at risk of Significant Harm and may themselves be in need of safeguarding.

Key Principles
Definitions
Referral and Initial Assessment
Strategy Discussion
Section 47 Enquiries and Core Assessment in relation to the Alleged Abusing Child
Decisions About The Alleged Abusing Child
Criminal Proceedings

1. Key Principles

1.1

Three key principles should underpin all work with children who abuse others:

There should be a coordinated approach between the member agencies within Herefordshire, Shropshire and Worcestershire Safeguarding Children Boards;
The needs of children and young people should be considered separately from the needs of their victims;
An assessment should be carried out, appreciating that these children may have considerable unmet developmental needs as well as specific needs arising from their behaviour.

2. Definitions

2.1

Sexual Abuse

The definition of Sexual Abuse by children is the same as for sexual abuse by adults. Abusive/inappropriate behaviour is often characterised by a lack of true consent, the presence of a power imbalance and exploitation.

The boundary between what is abusive and what is part of normal childhood or youthful experimentation can be blurred. The ability of professionals to determine whether a child’s sexual behaviour is developmental, inappropriate or abusive will hinge around the related concepts of true consent, power imbalance and exploitation. This may include children who exhibit a range of sexually harmful behaviours such as indecent exposure, obscene telephone calls, fetishism, bestiality and sexual abuse against adults or children and accessing/downloading sexually abusive child images from the Internet.

Developmental sexual activity encompasses those actions, which are to be expected from children as they move from infancy through to adulthood, developing an understanding of their physical, emotional and behavioural relationships with each other. Such sexual activity is essentially information gathering and experimentation characterised by mutuality and consent.

Sexual behaviour can be inappropriate socially, inappropriate to development or both. It is important to consider what negative effects the behaviour has on any of the parties involved and what concerns it raises about a child. It should be recognised that the behaviour may be motivated by information seeking but may cause significant upset, confusion physical damage etc. It may also be that the behaviour is acting out which may derive from other sexual situations which the child has been exposed to.

Abusive sexual activity is characterised by behaviour involving coercion, threats, aggression together with secrecy or where one participant relies on an unequal powerbase.

2.2

Physical Abuse

If a child has caused or is at risk of causing Physical Abuse to another child, a referral must be made to Children and Young People’s Services. In deciding whether an incident should be dealt with as a child protection matter, relevant considerations include the seriousness of the harm, the intention behind the assault and the difference in power between the victim and perpetrator (e.g. size, age, ability, development etc.) Fighting between peers of equal standing or siblings would not therefore normally be subject to referral.

Bullying may be defined as deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for those bullied to defend themselves. It can take many forms but the main types are physical, verbal and emotional. The harm caused can frequently be underestimated. It can cause distress to the extent that it affects the victim’s health and development and in extreme cases causes them Significant Harm (including self-harm). In extreme cases there may be times when the threshold for a Section 47 Enquiry is reached. To help prevent such situations arising, all settings in which children are provided with services or are living away from home must therefore have in place rigorous anti-bullying policies. See Anti-Bullying Guidance.

3. Referral and Initial Assessment

3.1	Anyone who has a concern that a child might have been abused by another child should refer their concerns to Children and Young People’s Services as indicated in the Referrals Procedure. Allegations of peer abuse will be taken as seriously as allegations of abuse perpetrated by an adult. Children and Young People’s Services will discuss the concerns with the referrer and, based on an Initial Assessment, decide whether it is necessary to hold a Strategy Discussion and discuss the need for a Core Assessment and Section 47 Enquiry. If uncertainty exists about the need for a referral, consultation with the Safeguarding/Independent Review Unit (and the NSPCC Projects in Herefordshire and Worcestershire) is recommended.
3.2	Separate enquiries and investigations will be pursued in respect of the victim and the abuser. A social worker from Children and Young People’s Services will carry out an Initial Assessment under the Assessment Framework. Where relevant, this will be in conjunction with the Youth Offending Team (YOT).
3.3	A different social worker will be allocated to the victim and to the child with the alleged abusive behaviour, even if they live in the same household to ensure that both are supported through the process of the enquiry and that both their needs are fully assessed.
3.4	It should be recognised that disclosure of sexually inappropriate behaviour or abusive behaviour by a child can be extremely distressing for parents and carers. The child and their family should always be advised of their right to seek legal advice and be supported through the process.
3.5	The Police will always consult with Children and Young People’s Services regarding cases that come to their notice in order to ensure that there is an assessment of the victim’s needs in all cases. Where prosecution is a consideration, the Police should be made aware of any therapy undertaken or contemplated.
3.6	There should also be an assessment of the perpetrator child’s needs by Children and Young Peoples Services. Each child should be referred to the Children and Young People’s Services team responsible for their home address.
3.7	Children with sexually abusive behaviour who are returning to the community following a custodial sentence or time in secure accommodation should be referred to the Multi Agency Public Protection Arrangements (MAPPA).

4. Strategy Discussion

4.1	In all cases where the suspected or alleged abuser is a child, Children and Young People’s Services and the Police must convene a Strategy Discussion/Meeting (usually a meeting) within the timescales set out in respect of all cases.
4.2	If one or more local authority is responsible for a child because a child is away from his or her home authority, each must be represented at the Strategy Discussion/Meeting – see Children Moving Across Local Authority Boundaries Procedure. Where the children involved are the responsibility of different local authorities, each must be represented at the Strategy Discussion/Meeting which will usually be convened and chaired by the local authority for the area in which the victim lives.
4.3	Separate Strategy Discussions/Meetings should be held for the child who is alleged to have abused another and for the child/ren who are the alleged victims.
4.4	Care must be taken to ensure that the appropriate professionals attend the right meeting to ensure appropriate confidentiality for the children involved. For example, school representatives should only attend the meeting involving the pupil at their school. The Police officer and social workers who are conducting the enquiries should participate in both sets of Strategy Discussions/Meetings. Where a child is over the age of 10 years a representative from the Youth Offending Team must attend. A representative from the NSPCC Projects in Herefordshire and in Worcestershire will attend Strategy Discussions/Meetings in their area.
4.5	The Strategy Discussion/Meeting must plan in detail the respective roles of those involved in the enquiries and ensure that the following objectives are met: Information relevant to the protection and needs of the alleged victim is gathered Any criminal aspects of the alleged abuse are investigated Any information relevant to any abusive experiences and protection needs of the child who is the alleged abuser, is gathered Any information about the risks to self and others, including other children in the household, extended family, school, peer group or wider social network, is gatherer. Where a Strategy Discussion refers to children of more than one family, separate minutes should be produced relating to each family.
4.6	A Section 47 Enquiry should be pursued in respect of the perpetrator child when it is suspected that s/he is personally suffering or at risk of suffering Significant Harm.
4.7	Where there is suspicion that the child who is the alleged abuser is also a victim of abuse, the Strategy Discussion/Meeting must decide the order in which interviews with the child will take place in accordance with the Achieving Best Evidence Guidance.
4.8	When a child is aged ten or over and is alleged to have committed an offence, the first interview must be undertaken by the Police under the provisions of the Police and Criminal Evidence Act 1984.
4.9	If a child is to be interviewed as a victim of, or witness to, alleged abuse under the provisions of the Achieving Best Evidence Guidance and the child admits offences, these incidents should normally be the subject of a separate interview.
4.10	In complex situations where there are a number of victims and possible perpetrators, the Strategy Discussion/Meeting should appoint a Strategic Management Group to co-ordinate the overall investigation - see Complex (Organised or Multiple) Abuse Procedure.

5. Section 47 Enquiries and Core Assessment in relation to the Alleged Abusing Child

5.1	If it appears that the perpetrator child is suffering or at risk of suffering Significant Harm, the Section 47 Enquiry and Core Assessment process will be followed. Where the alleged perpetrator is a Child in Need, a Core Assessment should proceed in accordance with the Assessment Framework.

6. Decisions About The Alleged Abusing Child

6.1	Concerns Not Substantiated: No Further Action
6.2	Child in Need and Possible Continuing Significant Harm If there is a continuing risk of Significant Harm, an Initial Child Protection Conference should be held. If the child becomes the subject of a Child Protection Plan, the coordination of services will continue through the Core Group, which should address the child’s inappropriate behaviour as well as the concerns, which resulted in their need for a Child Protection Plan. A representative from the YOT team and also, in Herefordshire and Worcestershire, a representative from the NSPCC Project should be invited to the Initial Child Protection Conference.
6.3	Child in Need and Concerns Substantiated but Judgement is that the Child is not at Continuing Risk of Significant Harm The child is not considered as requiring a Child Protection Plan where the agencies involved judge that the child is not at continuing risk of Significant Harm because the child, parent and carer are willing and able to cooperate with professionals to ensure the child’s future safety and well being and the risks that the child may pose are not denied by the child and family. In these circumstances a Planning Meeting should be held to co-ordinate the overall plan for the child including Developing a written risk management plan; including educational and accommodation arrangements Planning any future assessment; Coordinating services to be provided; and Identifying a Lead Professional/social worker and review process This meeting should take place as early as possible and should involve a Children and Young People’s Services team manager as Chair, the social worker, the referring agency, school (including sibling’s schools), health agencies as appropriate, a representative from the NSPCC Project (in Herefordshire and in Worcestershire), the social worker co-ordinating work with the victim, parent/carers and the child (subject to age and level of understanding). The decision to end the involvement of any specialist services should be made on a multi-agency basis. Factors to consider in reaching this decision include: The level of risk to self and others If the intended outcomes of the intervention have been achieved The capacity of the parents or care givers to respond appropriately to the child’s needs The need for provision of ongoing support to the child/family.
6.4	Child in Need and posing potential risk to others but not at Risk of Significant Harm Where the child is not at risk of Significant Harm but is assessed as a Child in Need who needs support and services and may pose a risk to other children, an interagency meeting must be arranged to complete the Core Assessment and any other risk assessments to fully address the child’s behaviours. This may follow the format set out above for the Planning Meeting and must involve the Police, the Youth Offending Service and (in Herefordshire and in Worcestershire) a representative from the NSPCC Project. Referral to the MAPPA process will also be made where appropriate.

7. Criminal Proceedings

7.1	When the child is over 10 years, the Youth Offending Service will consult other agencies to decide the most appropriate action within the criminal justice system.

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