BarnsleySafeguarding Children Partnership Policies and Procedures Manual

This document is only valid 72 hours after printing. For the latest version please visit

Harmful Sexual Behaviour

CONTEXT

Harmful sexual behaviour (HSB) is the term for sexual behaviours by children and young people that exceed developmental norms, incorporating inappropriate, problematic, abusive, and violent sexual behaviours.

• Children and young people under the age of 18 are responsible for at least one-third of all recorded child sexual abuse.
• Children and young people with problematic or harmful sexual behaviours are a diverse group and encompasses a wide range of behaviours, including contact (penetrative and non-penetrative acts), non-contact acts, and can take place online through digital communication technologies. Harmful sexual behaviour can be abusive even if the sexual activity appears consensual.
• Most harmful sexual behaviour is displayed by adolescent boys, but girls and younger children can also exhibit HSB. A significant proportion of children who display HSB also have a learning disability.
• Effective responses to harmful sexual behaviour are individualised and child-centred, consider the context in which the behaviour occurred and the broader developmental, health, wellbeing and protection needs of the child to prevent further incidents of harmful sexual behaviours and promote future safety. Children and adolescents who display harmful sexual behaviour are more likely to have backgrounds of trauma and may also have been harmed in some way. Harmful sexual behaviour by children and young people therefore requires a multi-agency, multi-disciplinary approach in response to the multiple and complex needs of these children.
• The needs of children and young people who have displayed harmful sexual behaviour should be considered separately from their victims. Practitioners should consider whether the child who displayed HSB may pose a risk to children other than a current victim and/or be at risk of significant harm themselves.

Research summaries on harmful sexual behaviour:

• CSA centre: Key messages from research on children and young people who display harmful sexual behaviour;
• Research in Practice: Harmful sexual behaviour;
• NSPCC: Harmful sexual behaviour.

AMENDMENT

In April 2024 this chapter was refreshed throughout in line with local procedure and should be re-read. 

Contents

1. Definition
2. Risks
3. Indicators
4. Protection and Action to be Taken
5. Further Information

1. Definition

Harmful sexual behaviours are defined as:

'Sexual behaviours expressed by children and young people under the age of 18 years old that are developmentally inappropriate, may be harmful towards self or others, or be abusive towards another child, young person or adult'. (Hackett 2014 Children and Young People with Harmful Sexual Behaviours).

Children may display a range of common and healthy sexual behaviours at different developmental stages. When a child or young person behaves in ways considered to be outside this range, their behaviour may be called 'harmful' because they are developmentally inappropriate and harmful to themselves or others.

Harmful sexual behaviour refers to a wide spectrum of inappropriate, problematic, and abusive sexual behaviours which can be self-directed or displayed towards younger children, peers, older children, or adults. Those displaying HSB or who have been harmed by such behaviours may be male or female.

A sexual behaviour screening tool should be used to assist decision-making and within early assessment of a child or young person displaying sexualised behaviour that is a cause for concern and to ensure proportionate levels of support:

• A continuum of children and young people's sexual behaviours;
• Brook sexual behaviours Traffic Light Tool.

Some harmful sexual behaviours can be abusive and involve coercion, manipulation, and a power imbalance that means the victim cannot give informed consent, and where the behaviour has potential to cause physical or emotional harm. A more detailed definition of sexual abuse is provided in the Working Together statutory guidance, acknowledging that sexual abuse can be committed by children as well as adults.

2. Risks

• Children who engage in harmful sexual behaviour must be considered as children first, and their care and support needs considered in the same way as any other child. It is important that children are not stigmatised because of their behaviour and that HSB is viewed as a safeguarding concern for the child who is harmed and the child whose behaviour is considered to be harmful;
• Most harmful sexual behaviour involves children and young people who are known to each other and within their social networks. See also: Child Sexual Abuse in the Family Environment Procedure;
• Harmful sexual behaviour can take place in online contexts. See also: E-safety / Online Safety Procedure;
• Harmful sexual behaviour and child sexual exploitation are distinct but overlapping forms of child sexual abuse. There may be some crossover between harmful sexual behaviour and child sexual exploitation, for example, when young people who sexually harm peers within the context of exploitative and exchange-based abusive peer relationships.
• Incidents of harmful sexual behaviour should be dealt with under specific child protection procedures which recognise both the child protection and potentially criminal elements of the behaviour. There should be a coordinated approach between the agencies involved.
• The needs of the children and young people displaying harmful sexual behaviour should always be considered separately from the needs of their victims.
• A history of abuse or adversity in childhood can be a relevant factor in the background of children displaying harmful sexual behaviour.
• An assessment should recognise that areas of unmet developmental need, attachment problems; any special educational needs and disabilities may be relevant in understanding the onset and development of abusive behaviour.
• The family context is also relevant in understanding behaviour, assessing needs and potential risks, and supporting future safety.
• Most children and young people do not persist with these behaviours into adulthood. Children who receive support and interventions are less likely to display further harmful sexual behaviour concerns compared to children who receive no support.

3. Indicators

There are no specific diagnostic indicators for harmful sexual behaviour, although the following characteristics have been found in the background of some young people who display harmful sexual behaviour:

• Attachment disorders - poor nurturing and parental guidance;
• Domestic abuse;
• Previous sexual victimisation - a younger age at the onset of the abuse is more likely to lead to sexualised behaviour;
• Social rejection and loneliness;
• Poor empathy skills.

Many of these factors exist alongside typical family environments where other forms of abuse are present and children will often have experienced some form of trauma.

Children and young people with learning disabilities are more vulnerable to being sexually harmed and to displaying harmful sexual behaviours, resulting from specific difficulties with social and communication skills, fewer opportunities to develop sexual relationships, understanding the nature of consent or the impact of the behaviour on others. It is important that assessments and interventions therefore take account of the child’s chronological age and developmental status.

The link between on-line behaviour and harmful sexual behaviour may also be a cause for concern. Technology-assisted harmful sexual behaviour (TA-HSB) can range from developmentally inappropriate use of pornography (and exposing other children to this), through to grooming and sexual harassment. On-line behaviour may be a trigger for sexual abuse and the long-term effect of exposure to pornography can affect the ability to build healthy sexual relationships (see NSPCC Research and Resources for further information).

It can be useful to consider sexual behaviour across a continuum, from those behaviours that are developmentally and socially accepted to those that are  abusive or violent:

• Normal: developmentally expected, socially acceptable, consensual, mutual, reciprocal.
• Inappropriate: single instances, context for behaviour may be inappropriate, generally consensual and reciprocal.
• Problematic: developmentally unusual and socially unexpected, consent issues may be unclear, may lack reciprocity, may include levels of compulsivity.
• Abusive: victimising intent, misuse of power, coercion and force, intrusive, lack of informed consent
• Violent: physically violent sexual abuse, highly intrusive, arousal from violence

4. Protection and Action to be Taken

All practitioners have a responsibility to refer a child to children’s social care if they believe or suspect that the child has suffered or is likely to suffer significant harm, has a disability, developmental and welfare needs which are likely only to be met through provision of family support services, or is a child in need whose development would be likely to be impaired without provision of services.

See:

• Making a Referral to Social Care Procedure;
• Agency Roles and Responsibilities.

Professionals in universal settings such as health and education are well placed to identify children who have displayed or who have been harmed by harmful sexual behaviour. Teachers are the professionals to whom children most commonly make initial disclosures. However, professionals should not only rely on verbal disclosures and should consider the barriers children may face when trying to tell someone.

Keeping Children Safe in Education (DfE) provides statutory guidance on how schools and colleges should respond to all signs, reports, and concerns of harmful sexual behaviour, including those that have happened outside of the school or college premises, and/or online.

All concerns about problematic or harmful sexual behaviour by children and young people should be reported to the named person with responsibility for safeguarding within their agency and making a referral to appropriate services if necessary. The designated safeguarding lead should undertake and record an initial risk assessment and consider three factors:

• The victim, especially their protection and support;
• The support needed for the child who harmed; and
• The risk to any other children (and, if relevant, adults).

Concerns about the behaviour and the welfare and safety of the child/ren should be discussed with Children's Social Care which may require a referral and further assessment the (See Making a Referral to Social Care Procedure).

Referrals to Children’s Social Care

Referrals to Children’s Social Care will be considered alongside the Thresholds for Intervention Guidance and/or the Early Help criteria and a decision made within 24 hours regarding the level of response required. The outcome of a referral will be one of the following:

• The child does not appear to be a Child in Need, which will result in provision of information, advice, sign-posting to another agency, and/or no further action;
• The child appears to be a Child in Need, which must result in a Child and Young Person Assessment;
• It is suspected that the child is suffering or is likely to suffer from Significant Harm, which will result in a Strategy Meeting that will decide whether S47 enquiries are necessary, and a Children and Young Person Assessment should be completed or that no further action is necessary.

Assessments and Interventions

Children who have displayed problematic or harmful sexual behaviours have multi-faceted needs and may also be at risk of harm, necessitating a co-ordinated and multi-agency approach to ensure the most effective responses. It is important that the harmful sexual behaviours are not viewed in isolation without considering the wider context of the child’s life. Assessment by early help or children’s social care provides a comprehensive understanding of the child and family’s situation to identify their boarder support and safety needs.

Children who have displayed harmful sexual behaviour may be considered as ‘in need’ of support and services, and some will in addition be suffering or at risk of significant harm and may themselves be in need of protection.

A separate worker should normally be appointed for the child who has displayed harmful sexual behaviour and the child who has been harmed, when they live within the same household.

Children and young people who have displayed harmful sexual behaviours are a varied and complex group with diverse needs that cannot be addressed by a ‘one size fits all’ model of intervention. Several levels of intervention response and intensity are required in order to address various levels of need and concern, from those children who require limited education, guidance and support, and those who require more specialist assessment and therapeutic intervention responses. Evidence suggests that approaches that are holistic, rehabilitative and help to effect positive change in the child’s family and wider life circumstances are more effective than those simply target the harmful sexual behaviours in isolation from these factors. There is strong support for approaches that are sensitive to children’s developmental needs.

Specialist advice may be required to inform screening decisions, strategy meetings, or assessments of children and young people who have displayed harmful sexual behaviour. The Vulnerable Adolescent Service (B-SAFE) provides specialist harmful sexual behaviour consultation and support to practitioners in Barnsley Children’s Services to assist in the review of these screening decisions to ensure an appropriate and proportionate response.

Strategy Meetings

Children's Social Care will undertake an assessment and will convene an interagency Strategy Discussion / Meeting if there are concerns are that a child has suffered, or a child or children is likely to suffer, significant harm. Police involvement in a strategy meeting is essential if the harmful sexual behaviour is investigated as a criminal offence.

• See: Child Protection Enquiries (Section 47) Procedure.

The Strategy Discussion/Meeting is a forum for analysing risk, sharing background information on the child or young person and plan further action. In addition to police and Children's Social Care, schools, Youth Justice and Vulnerable Adolescent Service (B-SAFE), or any other agency which has significant involvement with any of the child should also be invited to the meeting where appropriate.

The Strategy Discussion / Meeting should consider:

• Issues of child and public protection, including a clear understanding and description of any alleged incident;
• Assessment needs for the child/young person;
• The roles and responsibilities of child welfare and criminal justice agencies;
• Any on-going safety issues for all of the young people involved.

The context of the harmful sexual behaviour and background of the children involved, and their families, are important factors in determining next steps.

Consideration should be given to holding separate strategy discussions for the child victim and child who has displayed harmful sexual behaviour. Strategy Meetings will make contingency plans for future actions following further assessment and investigation of the incident. The option of reconvening the Strategy Meeting post the investigation may be useful in some cases.

Police investigations of sexual offences can be complex, and the time taken to make a decision can vary and may take many weeks or longer. Support and intervention for both the child who harmed and the child who has been harmed can be agreed with the police and Crown Prosecution Service, usually on condition that the specific allegations are not discussed. Further advice about such matters and liaison with the police can be facilitated through the HSB Panel (see below).

Harmful sexual behaviour (HSB) Pathway

The Barnsley Harmful Sexual Behaviour (HSB) Pathway provides a clear protocol for all children who are receiving services or support from Children’s Social Care or Targeted Early Help to ensure effective assessment of and responses to children and young people who have displayed problematic or harmful sexual behaviour.

Children’s Social Care and Targeted Early help should use a screening tool to identify whether a child’s sexual behaviour is a cause for concern. See: Further Information.

A referral to the HSB Panel is required for all children who have initially been screened to have displayed problematic (amber) or harmful (red) sexual behaviours and who are receiving services or support from Children’s Social Care or Targeted Early Help.

Harmful sexual behaviour (HSB) Panel

Barnsley’s Harmful Sexual Behaviour (HSB) panel is a multi-agency meeting to ensure a thorough and consistent approach to the safety and support needs of children whose sexual behaviours have initially been screened, by either the Integrated Front Door team for new requests for service, or by the allocated social work or targeted early help support practitioner for open cases, as either problematic (amber) or harmful (red).

The HSB Panel acts in an advisory and support capacity to facilitate information-sharing between the lead practitioner and multi-agency partners, to review initial screening decisions, and provide guidance and recommendations on the support and safety needs for the child, victim, and others. The panel should also ensure that alongside essential potential risk considerations, protective factors and strengths are also identified as a pathway to current and future safety.

The HSB Pathway does not replace any criminal, child protection, children in need, or children in care processes to safeguard individual children, and instead offers an additional and multi-agency approach to information-sharing, guidance, and case planning.

Delays in completing criminal investigations need not necessarily delay referral for specialist help; there is often a significant delay between completing enquiries and a decision being made about whether to prosecute. A programme of work can be agreed with Police and Crown Prosecution Service, usually with the proviso that the victim and specific incidents are not discussed.