Harmful Sexual Behaviour

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Harmful Sexual Behaviour

AMENDMENT

This chapter was amended in August 2022 to reflect the Review of Sexual Abuse in Schools and Colleges (Ofsted, June 2021) and Keeping Children Safe in Education (September 2021). See the Ofsted report in Further Information together with Tackling Violence Against Women and Girls Strategy (GOV.UK 2021).

Definition
Principles
Sexually Harmful Behaviour by Children and Young People
Appendix 1: AIM Assessment Report Suggested Format
Appendix 2: Criteria for Referral under the Concern Route
Appendix 3: Referral Form
Further Information

1. Definition

These procedures are intended to provide workers with a guide to the steps to be taken in dealing with children and young people who display sexually harmful behaviour. They incorporate recent changes in the law and in national and local guidance concerning this group of young people.

The purpose of these procedures is to provide a clear operational framework within which the processes of assessment, decision-making and case management can take place. This requires a collaborative approach between children's services and criminal justice agencies.

In order to facilitate this collaborative approach there needs to be some consensus on the philosophy of intervention. Research has shown that work with children and young people who abuse including those who present with sexually harmful behaviours 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. Evidence suggests that children who harm others may have suffered considerable disruption in their lives, been exposed to violence within the family, may have witnessed or been subject to physical, neglect or sexual abuse, have problems in their educational development; have emotional and mental health wellbeing needs; have associated developmental delay including speech, language and communication needs; some children may have learning difficulties or diagnosable/diagnosed intellectual disabilities (ID) and may have committed other offences. There is often huge potential for change and thus it is essential that a system is in place that identifies those at highest risk of re-offending in order to target limited resources effectively.

Note Schools should follow the statutory guidance: Keeping Children Safe in Education.

An Ofsted thematic review (Review of Sexual Abuse in Schools and Colleges (Ofsted)) detailed concerns around sexual child-on-child abuse. This abuse included:

Sexual violence, such as rape, assault by penetration and sexual assault;
Sexual harassment, such as sexual comments, remarks, jokes and online sexual harassment, which may be stand-alone or part of a broader pattern of abuse;
Upskirting, which typically involves taking a picture under a person's clothing without them knowing, with the intention of viewing their genitals or buttocks to obtain sexual gratification, or to cause the victim humiliation, distress or alarm;
Sexting (also known as 'youth-produced sexual imagery').

The Ofsted Review of Sexual Abuse in Schools and Colleges identified that most children would not report incidents (for a variety of reasons) and many educational establishments were ‘unaware’ of the significant level of sexual harassment and sexual violence.

Keeping Children Safe in Education (DfE) reflects that all staff working with children are advised to maintain an attitude of ‘it could happen here’ and that it can occur between two children of any age and sex, from primary through to secondary stage and into colleges. A friend may make a report or a member of school or college staff may overhear a conversation that suggests a child has been harmed or a child’s own behaviour might indicate that something is wrong and these should be acted upon.

2. Principles

The complex nature of the problem requires a co-ordinated multi-disciplinary/agency risk management approach, which addresses both child protection and criminal justice issues;
This response should be timely and initiated at the earliest opportunity;
The needs of the children and young people who sexually harm should be considered separately from the needs of their victims – be mindful that both victim and perpetrator could potentially be accessing the same building/service but for differing reasons so consideration of safety and planning must be evidenced;
Children and young people who sexually harm others are in need of help and are entitled to appropriate services – be mindful that both victim and perpetrator could potentially be accessing the same building/service but for differing reasons so consideration of safety and planning must be evidenced;
The primary objectives of intervention must remain at all times the protection of victims and potential victims and the avoidance of any repetition of the sexually harmful behaviour;
The young person will be helped to take responsibility for their actions;
Wherever possible, young people who sexually harm have a right to be consulted and involved in all matters and decisions which affect their lives. Their parents / carers have a right to information, respect and participation in matters that concern their family / children in their care;
These procedures apply to young people from the age of 10 years. If any child, under the age of 10 years is displaying harmful sexual behaviour, a referral should be sent to First Contact where a decision will be taken as to the most appropriate route to meet the needs of the child.

3. Sexually Harmful Behaviour by Children and Young People

Sexually harmful behaviour by young people includes a wide range of behaviours, in a variety of situations and can be defined as:

'A minor of any age who commits a sexual act with a person of any age:

Against the victim's will;
Without consent;
In an aggressive/exploitative manner.

Contact behaviours: touching, rubbing, disrobing, frottage, sucking or penetrating penile or with an object (vaginal or anal), sexual behaviours with animals.

Non-contact behaviours: exhibitionism, voyeurism, sexting, obscene communication, verbal or written sexual harassment or denigration.'

Additionally, sexual behaviour which seems to be compulsive, is repeated in secrecy and continues after interventions from parents or carers, is a cause for concern.

Work with children and young people who sexually harm requires a coordinated, multi-agency response. It is important that all agencies work closely together to enhance communication and ensure consistency of approach. The safety and wellbeing of children is paramount and the primary objective is the prevention of future victims and perpetrators.

It can be useful to think of sexual behaviour as a range or continuum from those behaviours that are developmentally and socially accepted to those that are violently abusive (see the Executive Summary of the Research Review Children and Young People with Harmful Sexual Behaviours).

Most healthy sexual behaviour can be characterised by:

Mutuality (Children of a similar developmental and chronological age);
Absence of coercion in any form (bullying, emotional blackmail, fear of the consequences);
Absence of emotional distress.

The Brook Traffic Light Tool may also be useful in distinguishing between 'normal' age-appropriate behaviour and behaviour which causes concern. The Brook Traffic Took should only be used following training approved by Brook UK.

The link between online 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. Online 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.

3.1 Information Sharing

Matters of information sharing, confidentiality and data protection are covered in the Information Sharing Procedure.

3.2 Child Protection Procedures and Public Protection Procedures

Nothing in these procedures is intended to replace any requirements of either public protection or child protection procedures. Rather, these procedures are seen as complementary. It may be that it is possible, in particular cases, to amalgamate some meetings. If this is possible, without being to the detriment of the tasks of any meeting, then this should be encouraged.

3.3 Two Routes to the Harmful Sexual Behaviour Procedures

The need to develop multi-agency risk management and care plans is not just restricted to those who have committed criminal offences. Rather, there is often a need to intervene before the young person's behaviour requires the intervention of the criminal justice system or when the criminal justice system is not seen as the most appropriate method of dealing with sexually harmful behaviour. Many young people with histories of sexually harmful behaviour are placed, by other Local Authorities, within County Durham or they may receive services from agencies within County Durham. It is equally important that these young people receive the same level of multi-agency response as any other young person and that risk management plans are as equally robust.

Consequently, there are two routes that would trigger the Harmful Sexual Behaviour Procedures. These are:

Criminal Justice Route;
Concern Route.

3.3.1 Criminal Justice Route

When a child or young person (over the age of 10) is interviewed by the Police for an alleged offence of sexually harmful behaviour and a decision taken as to the progress of the case (Youth Caution, Youth Conditional Caution or Charge only). Notification will be made by the Police to CDYJS using the usual (for all young people charged, etc.) process.

This does not apply to a decision to take No Further Action. If a Police Officer has concerns about a young person for whom the decision is to take no further action, then they should refer the case via the Concern Route (see Section 3.3.2, Concern Route).

Should Police investigations need to continue for some time after the initial interview, then the Police should refer the young person, promptly, to the Harmful Sexual Behaviour process by making a safeguarding referral to the Multi-Agency Safeguarding Hub (MASH) appropriate referral form, This should not wait until the completion of the Police investigations. In this situation, the Risk Management Meeting will need to consider the limitations of the multi-agency approach (including risk assessment) in order to prevent compromising the Police investigation.

Once the referral is screened in the MASH, CDYJS will be informed of eligible cases. The relevant CDYJS Team Manager, will convene, administer and chair a Risk Management Meeting. This meeting will be held within 10 working days of notification being received from the Police.

The agencies to be invited to this meeting must include:

CDYJS relevant staff;
Relevant Children's Social Care Team Manager/Social Work Consultant/Social Worker if active case;
Representative of SEND and Inclusion (where relevant);
Representative from School / College (if relevant);
Police (usually Officer in Charge of the case);
Other agencies, especially Health colleagues, should be invited as appropriate.

The purpose of this meeting will be for all agencies to:

Share relevant information and to develop an initial risk management plan;
Decide whether an AIM assessment is considered appropriate. An assessment can still be undertaken if the young person is denying the offence(s) or refusing to co-operate. In these circumstances, the assessment will gather the best available information from all agencies/professionals.

If a full AIM assessment is considered appropriate, then the lead agency for production of the assessment, under the Criminal Justice Route, will be CDYJS, unless the young person is already an active case to a Children's Social Care Team. All assessments will be undertaken jointly by a CDYJS Case Manager and Social Worker. Timescales for completion of the assessment will be agreed at the initial Risk Management Meeting. It is essential that only CDYJS Case Managers and Children's Social Care Social Workers trained in AIM Assessments undertake the lead role for these assessments.

Consideration must always be given at both meetings to the following:

Referral to MAPPA / potentially dangerous persons procedure, via MAPPA co-ordinator;
Whether there are sufficient relevant risk factors of Child Exploitation for a referral to be made following the Child Exploitation (including Child Sexual Exploitation and Criminal Exploitation) Procedure.

If the young person is attending school or other education resource information must be shared with the High Risk of Harm Panel. The SEND and Inclusion representative will take lead responsibility for this.

3.3.2 Concern Route

If any worker from any agency considers that the behaviour of any young person (from 10 years upwards) is cause for concern (in terms of sexually harmful behaviour) then they must make a referral to the CDYJS using the appropriate referral form.

The relevant CDYJS Team Manager will discuss the case with the referrer and, using the Criteria for Referral (see Appendix 2: Criteria for Referral under the Concern Route) agree whether the case is appropriate for a Risk Management Meeting to be called.

If it is considered appropriate, then the relevant CDYJS Team Manager will call, administer and chair the meeting. The Risk Management Meeting will be held within 10 working days of the referral being received.

The relevant CDYJS Team Manager will check Children's Services Case Management System and if identified as an active case will refer the case directly to the Team Manager for the relevant team. If the check of Children's Services Case Management System identifies the young person as NOT currently active, then the CDYJS Team Manager will refer the case to First Contact using the appropriate referral process.

First Contact will then ensure that the referral is sent to the appropriate Team via Liquid Logic.

The agencies to be invited to this meeting must include:

CDYJS relevant staff:

Relevant Children's Social Care Team Manager/Social Work Consultant/Social Worker if active case;
Representative of SEND and Inclusion (where relevant);
Representative from School / College (if relevant);
Police;
Other agencies, especially Health colleagues, should be invited as appropriate.

The purpose of this meeting will be for all agencies to:

Share relevant information and to develop an initial risk management plan;
Decide whether an AIM assessment is considered appropriate.
Timescales for the completion of the assessment and how it will be shared with relevant professionals and the young person/parents/carers.
Decide whether further meetings to consider the risk management plan are required.

Should an AIM assessment be considered appropriate then the lead agency for completion of the assessment will be Children's Social Care, unless the young person is an active case to CDYJS. CDYJS will appoint a co-worker to assist the assessment or vice versa if the lead agency is CDYJS. It is essential that only CDYJS Case Managers and Children's Social Care Social Workers trained in AIM Assessments undertake the lead role for these assessments.

3.4 Role of Lead Agency/Co-worker for the AIM Assessment

The 'Lead Agency' is responsible for:

Obtaining consent from the young person and family/carers to complete the AIM assessment;
Gathering and collating relevant information;
Liaising with other professionals;
Interviewing the young person and family/carers;
Completing the AIM assessment and ensuring its distribution, as agreed.

The co-worker assists with all of the above apart from obtaining consent and with distribution of the assessment.

Appendix 1: AIM Assessment Report Suggested Format

Child/young person's details, e.g. name, date of birth, address, parents/carers, siblings, ethnicity;
School/College/Employer;
Offence/Concern – specific issues;
Child/young person's developmental issues;
Parenting capacity;
Family and environmental issues;
Conclusion and analysis (ref: outcome grid).

Appendix 2: Criteria for Referral under the Concern Route

Professionals can sometimes struggle to identify which sexual behaviours are potentially harmful and which represent healthy sexual development. It is important that professionals are able to distinguish between behaviours that are normal and those that are abnormal regardless of culture, faith, beliefs, and their own experiences or values. Hackett et al (2010) proposed a helpful continuum model to assist with this process and it can be used to determine if a referral is made. Professional judgement should always be used:

Normal

Inappropriate

Problematic

Abusive

Violent

Developmentally expected

Socially acceptable

Consensual, reciprocal and mutual

Shared decision making

Single instances of inappropriate sexual behaviour

Socially acceptable behaviour within peer group

Context for behaviour may be inappropriate

Generally consensual and reciprocal

Problematic and concerning behaviours

Developmentally unusual and socially unacceptable

No overt elements of victimisation

Consent issues may be unclear

May lack reciprocity or equal power

May include levels of compulsivity

Victimising intent or outcome

Includes misuse of power

Coercion or force to ensure victim compliance

Intrusive

Informed consent lacking or not freely given by victim

May include elements of expressive violence

Physically violent sexual abuse

Highly intrusive

Instrumental violence which is psychologically and/or sexually arousing to the perpetrator

Sadism

In addition, Brook has developed a tool to support professionals working with children and young people identify and respond appropriately to sexual behaviours. The tool uses a traffic light system to categorise the sexual behaviours of young people in order to help professionals make decisions about safeguarding, assess and respond to sexual behaviours appropriately, and better understand the differences between healthy sexual behaviour and HSB. The tool lists examples of presenting sexual behaviours within four age categories (0–5 years, 5–9 years, 9–13 years and 13–17 years) and grades them as either red (outside safe and healthy behaviour); amber (has potential to be outside safe and healthy behaviour); or green (safe and healthy sexual development). The tool should only be used following training approved by Brook UK.

TEAM MANAGERS TO GO THROUGH THE CONTINUUM WITH THE REFERRING AGENCY WHEN DISCUSSING THE REFERRAL.