The Health and Well-being Standard
Regulation 10
Home’s managers must ensure that children and young people are provided with good quality, age appropriate information, support and advice on matters relating to sexual health and relationships. This information should supplement the sex and relationships education which is provided by the child’s school. Areas which should be covered include friendships; respectful relationships; online relationships and being safe and, for secondary age children, intimate and sexual relationships.
Such information and advice must be provided in a manner appropriate to children's age and understanding.
Before providing such information and advice, the manager/staff must consult the social worker and, if possible, parents or those with Parental Responsibility to ensure it is provided in the context of the child’s background and needs. Any specific requirements must be incorporated into the child’s’ Placement Plan.Staff must adopt a non-judgemental attitude toward children, particularly as they mature and develop an awareness of their bodies and their sexuality.
Staff must adopt the same approach to children who are confused about their gender or sexual identity or who have decided to embrace a particular lifestyle (so long as it is not abusive or illegal).
Children who are confused about their sexual identity or gender identity must be afforded equal access to accurate information, education and support.
As necessary this must be addressed in Placement Plans.The use of online filters can help to ensure that younger children do not accidentally access pornographic or sexual images online. See UK Safer Internet for more information.
Older young people are likely to be curious about sex and relationships, and may search for online for pornographic or sexual material. It is important that staff have an open discussion with young people about pornographic images and the impact that viewing these can have on them and their own developing relationships. The NSPCC have produced comprehensive guidance for parents and carers on how to talk to young people about online porn and healthy relationships.
For more information please see Online porn - Advice on how to talk to your child about the risks of online porn and sexually explicit material (NSPCC).
A child under the age of 13 is not legally capable of consenting to sex or any other type of sexual touch. Any concerns about underage sexual activity or sexual abuse must be referred under the Derby and Derbyshire Safeguarding Children Partnership Procedures (as a Child Protection Referral).
When considering the placement (or ongoing placement) of children over the age of 13, the home's manager must assess any risk of sexual abuse / harm and should ensure strategies are in place to reduce or prevent these risks if they are likely to be exploitative or abusive.
Where children aged 13 - 18 are placed together with no identified risk of exploitative or abusive behaviour, the manager and staff must monitor any developing relationships, and sensitively but positively discourage children from engaging in under age sexual relationships.
Staff should be mindful of their duty to consider the overall welfare of children and this includes working to minimise risks and consequences of any sexual activity between young people living in the home.
When staff believe children are in a sexual relationship, they should:
Should staff discover children engaging in sexual relationships, they should:
Children may be sexually active before they reach the legal age of consent, and it is sensible therefore to provide information on contraception and safe sex and the prevention of Sexually Transmitted Infections before they reach 16.
In such circumstances, the child’s social worker should be consulted to agree what reasonable steps can be taken to minimise risk of pregnancy or infection, including facilitating contact with relevant agencies providing contraceptive advice, such as the Brook Advisory Service and other services operating locally.
Matters of concern must be discussed with the social worker and addressed in Placement Plans.
If a child / young person is suspected or known to be pregnant, staff should talk to the child about who should be informed and what support the child / young person may require to promote their own and the unborn baby's welfare.
The child's social worker and, usually, their parent(s) should be informed and should collaborate with the child in drawing up a suitable plan for the promotion of the welfare of the parent to be and the unborn child.
However, a child may request that parent(s) are not informed.
In cases where there are concerns that the pregnant child or the unborn child is suffering or likely to suffer Significant Harm, the manager must discuss this with the child's social worker with a view to making a Child Protection referral. See Safeguarding Children and Young People and Referring Safeguarding Concerns Procedure.In cases where there are no Child Protection concerns, the child should be encouraged to inform her parents / carers. Where the child is 16 years, however, a request to keep the pregnancy confidential from her parents should be respected. Where a child under the age of 16 years requests confidentiality, it may be possible to agree this if the child is of an age and level of understanding to make such a decision.
See Consents and Delegated Authority.
Where a child wishes to terminate a pregnancy, the social worker must be notified/consulted with a view to providing advice, counselling and support by suitably qualified independent counsellors.
If the termination goes ahead, the manager must ensure that the child's privacy is protected and any physical or emotional needs are addressed sensitively.
Child Sexual Exploitation is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology. Boys as well as girls can be sexually exploited.
Children who are placed in Children’s Homes may can be especially vulnerable to child sexual exploitation or may have experienced it before their placement.
The manager and all staff must be alert signs of sexual exploitation, and should do all they can to create an environment which encourages children to be open about their experiences and which offers them support.Where there are any concerns that a child is being sexually exploited, it should be addressed in the child's Placement Plan.
Where children living the home are being sexually exploited, their social worker must be notified, and the home's manager, must make a notification to Ofsted and the police. See Notifications of Serious Events Procedure.
See also Child Sexual Exploitation (CSE) Procedure.If there are concerns that a child / young person has a sexually transmitted infection they should be supported to access testing and any necessary treatment via local Sexual Health Services Specific services for under 18s which will be able to provide specialist support and advice to young people.
The young person should be reassured that information from STI clinics will not be passed to their parents / carers without their express permission.
STI clinics will only share information with third parties if they have concerns about the welfare of the child / young person, for example if:
Information from STI clinics / testing will only be shared with the GP if the child / young person consents to this.
Before disclosing to any other agency or individual, the following criteria must be satisfied:
Masturbation is part of normal sexual behaviour / development but children must be positively encouraged to undertake such activities in private and in a manner, which is not harmful to themselves or other people.
The following should be read in conjunction the Derby and Derbyshire Safeguarding Children Partnership Procedures.
The possibility of peer abuse should always be taken seriously. However, it is important not to label or stigmatise normal sexual exploration and experimentation between children.Sexual behaviour is not usually a cause for concern unless it is compulsive, coercive, age-inappropriate or between children of significantly different ages, maturity or mental abilities.
If at any time staff suspect children are engaged in abusive sexual relationships as perpetrators and/or victims, they must immediately inform the home’s manager, who must consult the social worker and make a referral under the Safeguarding Children and Young People and Referring Safeguarding Concerns Procedures.