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The Health and Well-being Standard
Regulation 10
Home’s managers must ensure that children are provided with age appropriate good quality, up to date information, support and advice on matters relating to sexual health and relationships. This information should supplement what is provided through the school/educational setting.
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 or wish to explore their sexuality or gender identity who have decided to embrace a particular lifestyle (so long as it is not harmful or illegal).
Children who are confused about their sexual identity or gender or who indicate they have a preference must be provided with 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 are comfortable discussing pornographic images with young people, and can help them understand the impact that viewing these can have on young people 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).
Children under the age of 13 are deemed to be incapable in law of giving consent to sexual activity. Therefore, children of this age who engage in sexual activity must be referred to Children’s Social Care under Safeguarding Children Procedures (as a Child Protection Referral) as potentially suffering from Significant Harm.
When considering the placement (or ongoing placement) of children over the age of 13, the manager must assess the risk of sexual relationships developing 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 aged sexual relationships.
Staff should always be mindful of their duty to consider the overall welfare of children and this includes working to minimise the risks and consequences of any sexual activity between young people living in the home. If there is any suspicion that a child is in an abusive or exploitative relationship this must be discussed with the social worker.
When staff have reason to believe that children are engaging in sexual relationships, they should:
Access to contraceptives is not conditional on children giving information about their lifestyles, and contraception will never be withdrawn as a punitive measure.
Children may engage in sexual activity before they reach the age of consent, and it is sensible therefore to talk about contraception 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.
Matters of concern must be discussed with the social worker and addressed in Placement Plans.If a child is suspected or known to be pregnant the manager should talk to the child about who should be informed and what support the child may require to promote their own and the unborn baby's welfare.
Under normal circumstances, the child's social worker and 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 their parent(s) are not informed.
In all cases where there are any concerns that the pregnant young person or the unborn child may be suffering or likely to suffer Significant Harm, the manager must discuss it 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. Where the child is 16, however, a request to keep the pregnancy confidential from her parents may be respected. Where a child under the age of 16 requests confidentiality, it may be possible to agree this if the child is of an age and level of understanding to make such an informed decision.
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.
The following should be read in conjunction with the East Riding Safeguarding Children Partnership, Child Exploitation Procedures and Guidance.
Children living in Children's Homes may have been sexually exploited (whereby sex / sexual activity is exchanged sex for rewards, gifts, drugs / alcohol, accommodation and / or money). Some children may continue to be exploited even when they are accommodated by the authority. Both boys and girls can be sexually exploited.
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. A child can be prevented from leaving the home if it is felt they are at risk of Significant Harm due to child sexual exploitation.
Any concerns in relation to Child Sexual Exploitation, 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 also Child Sexual Exploitation (CSE) Procedure.Also see Blood Borne Viruses (BBVs) Procedure.
If staff become aware that a child may have a sexually transmitted infection, they should be referred to the local Sexual Health Services, who will provide the child and staff with advice, counselling, testing and other support.
It is accepted that 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 possibility of peer abuse should always be taken seriously. However, it is important not to label or stigmatise age appropriate 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.Consideration should be given by the home’s manager as to whether a Notifiable Event has occurred, see Notification of Serious Events Procedure.
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