Organised and Complex Abuse
SCOPE OF THIS CHAPTER
This chapter provides a procedure for agencies about the investigation of complex and organised abuse and information about what action they should take if they suspect such abuse. All agencies, including those from the voluntary and community sector, who may be asked to contribute to complex abuse investigations, need to ensure that they follow this procedure. Registration authorities should also adhere to this procedure in cases where continuing registration of a setting may be affected by the investigation.
AMENDMENT
In November 2020, this chapter was updated to reflect the change in terminology and the Signs of Safety language that has been implemented in County Durham.
Contents
1. Definition
Complex and organised abuse may be defined as abuse involving one or more abusers and a number of related or non-related abused children. The adults concerned may be acting in concert to abuse children, sometimes acting in isolation or may be using an institutional framework or position of authority to recruit children for abuse.
Such abuse can occur both as part of a network of abuse across a family or community and within institutions such as residential settings, boarding schools, in day care and in other provisions such as youth services, sports clubs, faith groups and voluntary groups. There will also be cases of children being abused via the use of electronic devices, such as mobile phones, computers, games consoles, etc. which all access the Internet.
Although in most cases of complex and organised abuse the abuser(s) is an adult, it is also possible for children / young people to be the perpetrators of such harm, with or without adult abusers.
2. Investigation
Each investigation of complex and organised abuse will be different, according to the characteristics of each situation and the scale and complexity of the investigation. But all will require thorough planning, collaborative inter-agency working and attention to the needs of the child victim/s involved.
The investigation of complex abuse requires specialist skills from both police and social work staff which usually involves the formation of dedicated teams of professionals and will need consideration of the needs for victims for therapeutic services. The consequent legal proceedings may add to the timescales of such investigations.
Some investigations become extremely complex because of the number of places and people involved, and the timescale over which abuse is alleged to have occurred. In these circumstances a Joint Investigation Group (see Joint Investigation Group Membership), as well as a Strategic Management Group may be set up.
The complexity is heightened where, as in historical cases, the alleged victims are no longer living in the setting where the incidents occurred or where the alleged perpetrators are also no longer linked to the setting or employment role. These will all need to be taken into consideration when working with a child.
A senior Police Officer may convene a Gold Group if a particular investigation merits senior oversight from a police perspective. Police may invite senior members of staff from all agencies, so that information can be shared and strategy agreed. It is not the remit of the Gold Group to direct investigations. These meetings are minuted and those minutes may be revealed to the prosecution, should criminal proceedings be undertaken.
The confidentiality of the information relevant to any Section 47 Enquiry and criminal investigation must be strictly maintained by those involved and must not be disclosed to others, including others within the agency, unless absolutely necessary.
3. The Child
The single and most important consideration is the safety and well-being of the child or children.
In reconciling the difference between the standard of evidence required for child protection purposes and the standard required for criminal proceedings, emphasis must be given to the protection of the children as the prime consideration.
The investigation and enquiries must also address the racial, religious, cultural, language, sexual orientation and gender needs of the child, together with any special needs of the child arising from illness or disability.
A victim support strategy and protocol should be established at the outset. Support will be required in pre-trial, trial and post-trial periods if the case/s proceed to court. Minimum periods for contact should be established. It is clear from experience in research about complex 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.
4. Protection and Action to be Taken
Where there is a suspicion of a 'complex case', the Strategic Manager and the Police Safeguarding Unit Detective Inspector must be informed immediately. They should have a Management Strategy Discussion and/or Meeting within the working day the referral is received. The LADO should be informed if relevant. The LADO may refer to the Head of Children's Social Care if concerns have come through the LADO process.
The Strategy Discussion and/or Meeting must:
- Assess the information known to date;
- Decide what further information is required at this stage;
- Arrange for its gathering;
- 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 Strategic Management Group, including resource implications;
- Consider any immediate protective action required.
This Management Strategy Discussion and/or Meeting may include the referrer, if appropriate, a legal adviser and anyone else relevant to the meeting.
Having considered and discussed the information those persons must, if in their view the suspicion is confirmed, pass the information on to the Head of Children's Social Care.
- Professionals who need to be informed:
- The Head of Children's Social Care must inform: the DSCP Business Manager; the Corporate Director of Children & Young People's Services; Durham County Council Press Office and senior safeguarding managers of relevant agencies;
- Strategic Management Group (SMG).
To ensure a co-ordinated response, a SMG meeting Chaired by either the Head of Children's Social Care or the Force Lead for Safeguarding must be convened within five working days of the receipt of the referral.
The membership of the group should comprise senior staff able to commit resources and will normally include the following:
- Head of Children's Social Care;
- Police Senior Investigating Officer (usually Safeguarding Unit DCI);
- Children's Services lead manager (usually Service Manager and/or Team Manager);
- Legal Adviser (Local Authority);
- Senior Health representative e.g. Consultant Paediatrician/Designated Doctor/ Designated Nurse;
- Relevant agency Press Officers;
- Other individuals and agencies as appropriate.
The Group should have access to:
- Legal advice including that of Crown Prosecution Service as appropriate;
- Paediatric advice if Designated Doctor does not attend;
- Independent or expert advice as appropriate.
Line managers of any staff implicated in the allegations of abuse must not be included in the SMG.
The Terms of Reference of the SMG must be set up as specified in the Complex Child Abuse Investigations: Inter-Agency Issues, HO & DH 2002.
The SMG meeting must agree a plan that includes:
- A decision on the scale of the investigation and the staff required for a Joint Investigation Group;
- Consideration of any cross boundary issues and planning of appropriate liaison and sharing of resources;
- Identification of staff in both Children's Social Care and the Police of sufficient seniority and experience to manage the investigative process (usually the Force Lead for Safeguarding and Strategic Manager – Safeguarding & Professional Practice (Principal Social Worker));
- Identification of sufficient trained staff for the investigation (must be independent of those being investigated);
- Organisation of adequate accommodation including a dedicated incident room and facilities for interviewing and recording interviews;
- Arrangements for medical staff to conduct assessments;
- Arrangements for sufficient administrative staff and IT resources to support the investigation;
- Proper legal advice including consultation with the Crown Prosecution Service;
- Sufficient resources to ensure that children are protected from further abuse and that their wellbeing remains paramount (this should include appropriate foster, day care or residential placements, medical, therapeutic, educational and practical services);
- Sufficient support, supervision and debriefing of staff involved;
- Availability of expert advice where necessary;
- Liaison arrangements for inter-agency working;
- Timescales for the stages of the investigation;
- Allocation of specific tasks to personnel involved in the investigation together with line management responsibilities;
- Management of public relations and media interest in the case;
- Child and adult witness support, if relevant.
An individual must be designated to act as Co-ordinator between the SMG and the Joint Investigation Group identified in the plan (usually the Police Senior Investigating Officer or the Strategic Manager – Safeguarding & Professional Practice (Principal Social Worker)).
The responsibility of the Co-ordinator is to manage the Joint Investigation Group and prepare a report at the conclusion of the case.
The SMG must make arrangements to convene regularly during the investigation 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 debrief meeting with the Joint Investigation Group to identify lessons learnt.
A dedicated team of Police Officers may be formed to deal with a cross boundary enquiry.
The SMG should remain in existence at least until the court or the Crown Prosecution Service has made a decision about the alleged perpetrators.
At the conclusion of the enquiry/investigation, the Strategic Management Group must evaluate the investigation, agree the flagging of agency records pertaining to those involved in the enquiry/investigation, identify the lessons learned and prepare an Overview Report with recommendations and an Action Plan for the Safeguarding Children Partnership, highlighting any practices, procedures or policies which may need further attention and require either inter-agency or individual agency action plans.
Joint Investigation Group Membership
This group led by the Police Senior Investigating Officer or the Strategic Manager – Safeguarding & Professional Practice (Principal Social Worker), should consist of experienced personnel from Police Safeguarding Unit and Children & Young People's Services (or independent agency or social workers).
The size of the group will depend on the scale of the investigation, but in the majority of cases both the Safeguarding Unit and Children & Young People's Services should provide a line manager and two staff/officers experienced in interviewing children and trained in Achieving Best Evidence in Criminal Proceedings.
Membership may also be drawn as necessary from the appropriate health professionals, in particular Forensic Medical Examiners (FME), Paediatricians, Psychiatrists, Health Visitors, Education (Head Teachers and Class Teachers), Youth Justice Service staff, Crown Prosecution Service, Corporate & Legal Services, Probation, Victim Support services.
In selecting staff, consideration should be given to requirements arising from the individual needs of the relevant child/ren such as gender, culture, race, language, and where relevant, disability.
Practical Arrangements
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.
Appropriate facilities must be available for video interviews and paediatric assessments.
Administrative support, IT and accommodation requirements must be addressed at the outset, including the storage of confidential records. Consideration should be given to whether it is necessary to set up separate accommodation for the enquiry team.
Certain enquiries may involve an element of 'whistleblowing'. It may be necessary to consider a secure telephone line and discreet access to the enquiry team.
Responsibilities
The Joint Investigation Group will be responsible for:
- Planning the overall investigation involving record checking, evidence gathering, planning and undertaking a series of inter-related interviews and any surveillance required considering the implications of crossing geographical boundaries;
- Maintenance of written records of regular Strategy and Operational Meetings;
- Holding Planning Meetings for individual pieces of work such as video interview of a child and/or action 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 & Operational Boundaries
It may be recognised at the outset or during the investigation that there are suspected or potential victims in more than one geographical area.
At the outset, the responsibility for managing the investigation lies with the Children's Social Care where the abuse is alleged to have occurred/where the alleged perpetrator(s) are alleged to operate. Criminal investigations will be led by the Police.
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 Children's Social Care and the Police.
The original Joint Investigation Group should undertake the investigation on behalf of the other geographical areas.
A Senior Manager from each area should join the initiating SMG to discuss this and agree any resource implications involved.
If the number of victims outside the geographical boundaries of the original Joint Investigation Group increases to the extent that it cannot respond, then a Joint Investigation Group in the new geographical area should be established.
It is essential that there is a joint SMG to provide overall planning. If it is necessary to have more than one Joint Investigation Group, there must be close working between Co-ordinators and processes for full information sharing.
Supporting the Victims
It is vital that a strategy to support the victims is established from the outset. The strategy should consider support needs for all victims and their families and necessary support for all witnesses. The strategy should identify possible resources to provide the necessary support. Aftercare support should be agreed and details about how to access aftercare should be made available to victims, witnesses and their families.
At the conclusion of the enquiry/investigation, the Strategic Management Group must evaluate the investigation, identify the lessons learned and prepare an Overview Report with recommendations and an Action plan for the Durham Safeguarding Children Partnership, highlighting any practices, procedures or policies which may need further attention and require either inter-agency or individual agency action plans.