4.1.28 Safeguarding Sexually Active Children and Young People |
This Procedure should be read in conjunction with the Coventry Safeguarding Children Board Interagency procedures
Contents
I. Introduction
Aims |
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| 1.1 | This Procedure is designed to assist professionals in identifying when children and young people’s sexual relationships may be abusive and the children and young people may need the provision of protection or additional services. It is based on the core principle that the welfare of the child is paramount and emphasises the need to accurately assess the risk of Significant Harm when a child or young person is engaged in a sexually active relationship. |
| 1.2 | The Procedure emphasises the need to accurately assess the risk of significant harm when a child or young person is engaged in a sexually active relationship and acknowledges that cases of underage sexual activity which present cause for concern are likely to raise difficult issues and should be handled particularly sensitively. For young people 13 years and over, this risk assessment will inform practitioners when to involve Children’s Social Care Services and when a situation requires criminal investigation by the Police. |
| 1.3 | Each agency must recognise that they only hold some pieces of the “jigsaw” and early information sharing and assessment will assist in identifying risk and enable appropriate action to be taken to safeguard and promote the welfare of children. |
2. Government guidance, legislation and the Bichard Report
| 2.1 | This Procedure is based on the guidance issued in Working Together to Safeguard Children 2006, paragraph 5.27
And takes account of :
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BICHARD INQUIRY - Recommendation 12“The government should reaffirm the guidance in ‘Working Together to Safeguard Children’ so that the Police are notified as soon as possible when a criminal offence has been committed, or is suspected of having been committed against a child - unless there are exceptional reasons not to do so |
3. Responding to Children
| 3.1 | Children under the age of 13 are not legally capable of consenting to sexual activity. Any offence under the Sexual Offences Act 2003 involving a child under the 13 is very serious, the act classes penetrative sex with a child under 13 as rape and this should indicate a risk of significant harm to the child. |
| 3.2 | Cases involving under 13s should always be discussed with a nominated child protection lead in the organisation. Where a practitioner is concerned that a child is involved with penetrative sex, or other intimate sexual activity, there will be reasonable cause to suspect that child, boy or girl is suffering or likely to suffer Significant Harm. |
| 3.3 | There is a presumption in all cases where sexual activity involves a child under 13, information must be passed on to Children's Social Care Services, who will check whether the child is known to them, consult and share information with other partner agencies, including the police, and a Strategy Discussion will be held to decide what joint action may be required |
| 3.4 | Sexual activity involving children under the age of 16 is also an offence. Referral to Children's Social Care Services will not always be necessary, but will be considered in light of the information gathered from other sources, specifically whether the information thus provided, set against the criteria listed below in section 4.2 suggests the young person is at risk or vulnerable. Consideration should be given in every case of sexual activity involving children aged between 13 and 15 as to whether there should be discussion with other agencies and whether a referral to Children’s Social Care Services. The professional should make this assessment using the considerations in section 4.2 below. |
| 3.5 | The younger the child, the stronger the presumption must be that sexual activity will be a matter of concern. Practitioners should discus their concerns with their nominated child protection lead and subsequently with other agencies as required. Where confidentiality needs to be preserved, a discussion can still take place without identifying the child. |
| 3.6 | Where there is reasonable cause to suspect that significant harm has occurred or might occur, as in 3.2 above, there is a presumption the case will be referred to Children’s Social Care Services and that a strategy discussion will be held to decide what joint action may be required. |
| 3.7 | Sexual activity over the age of 16 is not a criminal offence, but young people in this age group may nonetheless be vulnerable to sexual exploitation and in need of protection through safeguarding procedures. Young people between 16 and 18 are deemed to be unable to consent if the sexual relationship is with an adult in a position of trust or a family member. In those instances information should be passed on to Children's Social Care Services who will take appropriate action in conjunction with other agencies involved with the young person. The procedures for Children at risk of Sexual Exploitation and Trafficking should be followed where prostitution, trafficking or other forms of sexual exploitation are involved or suspected. |
4. Assessment
Assessing young people's needs |
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| 4.1 | When a professional becomes aware that a young person is, or is likely to be, sexually active, an assessment should be made of the young person’s physical and emotional health, education and safeguarding needs in the context of the sexual relationship. The assessment should be based on the three dimensions of the Common Assessment Framework Procedure (3) (Part II, Promoting Children and Young Peoples Wellbeing) and where appropriate, it should be in accordance with the (Referrals Procedure) of the Coventry Interagency Procedures (4). The assessment should be supervised by a professional or a colleague with relevant expertise, within their agency, such as the agency’s Designated Child Protection Specialist (5) and/or the Common Assessment Framework Assessor. |
Indicators of Risk of Harm |
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| 4.2 | In order to determine whether a relationship presents a risk of harm to a young person, the following factors should be considered: This list is not exhaustive and other factors may be needed to be taken into account
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Power Imbalances |
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| 4.3 | Sexual abuse and exploitation of a child or young person involves an imbalance of power. The assessment should seek to identify possible power imbalances within a relationship. These can result from differences in size, age, material wealth and/or psychological, social and physical development. In addition gender, sexuality, race and levels of sexual knowledge can be used to exert power. Whilst a large age differential could be a key indicator e.g. a 15-year-old girl and a 20-year-old man, practitioners should be aware that a 14 or 15 year old boy, supported by a group of his peers, is able to exert very real pressure over a girl of the same age or older. There will also be instances when the sexual predator is a woman or girl and the victim is a boy. Where a power imbalance results in coercion, manipulation and/or bribery and seduction, these pressures can be applied to a young person by one or two individuals, or through peer pressure (i.e. group bullying). Professionals assessing the nature of a child or young person’s relationship need to be aware of the possibility that either or both of these situations can exist for the child or a young person – and conduct an holistic assessment of the young person’s needs. There will be an imbalance of power and the child or young person will not be deemed able to give consent if the sexual partner is in a position of trust or is a family member as defined by the Sexual Offences Act 2003; and/or any pre-existing legislation. |
Assessing Risk using Police Information |
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| 4.4. | Where it appears helpful to do so, Children’s Social Care Services will check with the Coventry Police Child Abuse Investigation Unit for relevant information about individuals who pose a danger to young people, which is not necessarily known to other agencies, for the purposes of an agency’s risk assessment. |
| 4.5 | Where this information indicates a criminal office has or may have been committed, Children’s Social Care Services should discuss this with the police to gather further information and consider whether it is in the child’s best interest to formally refer the matter to the police, in the light of that information. When making this assessment it is important to consider the risks posed by the individual not only to the child concerned but other children and young people. (in accordance with Bichard Recommendation 12 and Working Together to Safeguard Children 2010) |
| 4.6 | A decision not to refer to the Police must be agreed with the Manager or above. The practitioner and their manager are fully accountable for the decision and a good standard of record keeping must be made on the child’s or young person’s case records, including the reasons for not making a referral, details of professionals involved in those deliberations and any known relationships between the child, individual and others to enable appropriate links to be made should there be any subsequent concerns involving the named individuals. |
Other agencies |
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| 4.7 | A decision not to refer where concerns have been identified can only be made following a case discussion with the Designated or Named lead for child protection within the professional’s employing agency. Full professional consultation must take place once concerns have been identified and professionals should not make decisions alone. All such decisions must be recorded contemporaneously in the child /young persons’ record and details must include the concerns, reasons for not making a referral and the parties to the decision. When a referral is not made, the professional and agency concerned is fully accountable for the decision and a good standard of record keeping must be made, including the reasons for not making a referral. |
5. Disabled Children and Young People
See Children with Disabilities Procedure
| 5.1 | Disabled children and young people are more likely to be abused than non-disabled children; and they are especially at risk when they are living away from home. They may be particularly vulnerable to coercion due to physical dependency or because a learning disability or a communication difficulty means that it is not easy for them to communicate their wishes to another person. This increases the risk that a sexual relationship may not be consensual. In assessing whether a relationship presents a risk of harm to a disabled child or young person, professionals need to consider the indicators listed in Section 4.2 above in the light of these potential additional vulnerabilities. |
| 5.2 | A child or young person with moderate learning difficulties could be vulnerable to harm from a sexual relationship developed through inclusive activities. This may be in mainstream schools, education colleges, leisure centres and other places where children and young people meet where supervision is at a minimum. Staff need to be alert to the different capabilities of the children and young people they supervise, and assess risk of harm accordingly. |
| 5.3 | Where professionals in children’s services have concerns that a relationship may present a risk of harm to an older disabled young person, they should begin work with the Council’s adult protection staff at an early point in order for there to be a smooth transition from protection under the Children Act 1989 to protection for the young person, from their 18th birthday onwards, under the local Protection of Vulnerable Adult Procedures. |
6. Information Sharing
The Welfare of the Child/Young Person is Paramount |
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| 6.1 | The first duty of every practitioner is to safeguard and promote the welfare of the child or young person and other children and young people. It must always be made clear to children and young people at the earliest opportunity and throughout any working relationship that the duty of confidentiality is not absolute, and that there will be some circumstances where the needs of the child or young person, or other children and young people, can only be safeguarded by sharing information with others. (Coventry Information Sharing Protocol 2004) (6) This discussion with the child or young person should include asking them their thoughts, feelings and wishes. The discussion can be useful as a means of emphasising the gravity of some situations. This point is reinforced in the Government guidance What to Do If You Are Worried That a Child Is Being Abused (7). |
Confidentiality |
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| 6.2 | The Sexual Offences Act 2003 does not affect the duty of care and confidentiality of health and social care professionals to children and young people 13 to 16 years old. According to current Government guidance for health and social care professionals (8), although the age of consent remains at 16, it is not intended that the law should be used to prosecute mutually agreed teenage sexual activity between two young people of similar age, unless it involves abuse or exploitation. |
| 6.3 | Decisions to share information with parents require staff to use their professional judgement and should be informed by Coventry Information Sharing Protocol. Decisions by health, and other professionals not to share information should be informed by the Fraser Guidelines (9) – that the child or young person (‘s):
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| 6.4 | Whilst the need to safeguard children is paramount consideration should be give to maintaining health whilst reducing risk. Decision-making should be recorded as outlined in 3.5 above |
Reviewing Needs |
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| 6.5 | Assessment of need is an ongoing process, therefore, on each occasion that a practitioner has contact with a young person (by telephone or a meeting) or receives information about them, consideration should be given as to whether the young person’s circumstances have changed in a way which may require referral (or re-referral) to Children’s Social Services and the Police. |
7. Thresholds for Referring to Children’s Social Services
When there are no Concerns |
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| 7.1 | The decision whether or not to make a formal referral to Children’s Social Care Services must be made within the supervision arrangements within an agency for making such a decision. Where an agency involved knows that a young person 13 or over, is sexually active but the practitioner’s assessment does not raise concerns that the young person’s sexual relationship is abusive, then that agency should continue to make arrangements for the young person to receive confidential advice and support from appropriate sexual health and other services. These services will be listed in the local Teenage Pregnancy Team’s directory of resources. |
Individual Cases of Concern of possible of Abuse or Neglect |
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| 7.2 | In cases where a practitioner has concerns that a relationship presents a risk of harm to a child or young person, practitioners should, where possible, discuss the case with their designated child protection colleague. Wherever there is reasonable cause to suspect that a child is suffering, or likely to suffer significant harm (based on the criteria in sections 4.2 and 4.3 above), it is possible that the young person is being sexually abused or is at risk of sexual abuse and a referral must be made to Children’s Social Care Services, (verbal referral, followed by a written referral within 48 hours using the Multi Agency referral form). See Referrals Procedure and Significant Harm and Recognition of Abuse Procedure. Children’s Social Care Services will convene a Strategy Discussion/Meeting involving the referring agency, the police and other agencies as appropriate. Those participating should be sufficiently senior and able therefore, to contribute to the discussion of the available information and make decisions on behalf of these agencies. |
| 7.3 | The Strategy discussion/meeting should be used to:
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Abuse through Sexual Exploitation |
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| 7.4 | If there are concerns that the child or young person may be at risk of abuse through sexual exploitation (prostitution or pornography, including creating/exchanging images, grooming etc through the internet), a referral to Children’s Social Services and to the Police must be made in accordance with Child Trafficking and Exploitation and Children involved in Prostitution Procedures. |
Children under the age of 13 years |
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| 7.5 | All cases of children under the age of 13 years believed to be engaged in penetrative sexual relationships or activity must be referred to Children’s Social Care Services unless the practitioner (following discussion with organisation’s child protection lead), in exceptional circumstances, can be fully satisfied they can justify and have documented in detail, why this would not be in the interest of the young person’s best interest. The younger the child, the more likely there is cause for concern. In law children of this age cannot consent to sexual activity and sexual activity involving a child under 13 constitutes a “serious offence” Penetrative sex with a child under 13 is classed as rape. Children’s Social Care Services will discuss the case with the Police Child Abuse Investigation Unit and will carry out either an initial assessment or a child protection enquiry, in respect of every young person under 13 years old. This recognises the particular vulnerability of children of this age engaging in sexual behaviours; and the position that, whilst sexual activity for young people under the age of 16 remains illegal, 13 – 16 year olds are deemed competent to give consent, whereas children under the age of 13 are deemed too young to give their consent to sexual activity (10). |
Children/Young people 13 up to their 18th Birthday |
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| 7.6 | The Sexual Offences Act 2003 reinforces, whilst mutually agreed, non-exploitative sexual activity between teenagers does take place, and often no harm comes form it, the age of consent should still remain at 16. This acknowledges that this group of children are still vulnerable, even when they do not view themselves as such. Sexually active young people in this age group still require their needs assessed using this procedure. The difference in the procedure reflects the position, whilst sexual activity under 16 years remains illegal, young people under 13 are not capable of giving consent to such sexual activity. |
| 7.7 | Discussion with Children’s Social Care Services will depend on the level of risk and need assessed by those professionals working with the young person. In all cases relating to possible abuse or neglect, Children’s Social Services will respond in one of three ways and will advise the referrer of which plan is in place:
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| 7.8 | In cases where Children’s Social Care Services identify a risk of Significant Harm or are aware that an offence may have been committed against a child, they will hold a strategy discussion with the police (which may include the referrer), who will check their records about the children/young people and/or adults involved and share information with Children’s Social Care Services. The Children’s Social Care Services and Police Child Abuse Investigation Team will, together with other involved agencies, determine the need or otherwise for child protection enquiries to be made in line with the Coventry Interagency Procedures. |
| 7.9 | In any cases where Children’s Social Care Services staff consider a referral or become aware of a sexually active young person 13 or over, but under the age of 16 and decide not to make a formal referral to the Police, this decision must be made by a Team Manager or above; and only after Police indices have been checked. A decision not to make a formal referral to the Police will usually only be made by Children’s Social Care Services after an initial assessment, when there is clear evidence that the young person is not being abused or exploited through the sexual relationship. The decision and the reasons for it, must be recorded contemporaneously in the Integrated Children Services record for the young person. |
| 7.10 | In some cases planned immediate protection will take place following a strategy discussion. In most cases where a practitioner has concerns that a relationship presents a risk of harm to a young person, there will be a process of interagency information sharing and discussion in order to formulate an appropriate plan. Immediate or ongoing support should be offered to the young person whilst an appropriate single or multi-agency plan is put in place. |
| 7.11 | Where a young person has lived outside the particular local authority area, the social worker and police officer must obtain relevant social, education and health and police information respectively. Where a young person has lived for some of his/her life outside the UK, the social worker and police officer must use agencies such as embassies and International Social Services, or Interpol to gather relevant information from that country in order to develop as wide a picture of the young person’s history and circumstances as possible. |
8. Criminal Investigation
| 8.1 | It is an offence for any young person to engage in a sexual relationship under the age of 16. Nevertheless, in the majority of cases, it will not be in the best interests of the young person for criminal proceedings to be instigated against them. |
| 8.2 | The decision as to whether or not to proceed with criminal action against a young person who has been referred to the Police will be made by the Crown Prosecution Service acting upon the advice of the Police. The best interests of the young person concerned will be one factor in informing this decision. |
| 8.3 | All agencies hold responsibilities under the Crime and Disorder Act 1998 to assist with the prosecution of criminal actions in their local area. In some cases, the Police may hold information about a young person or an adult involved with a young person and this may be critical in achieving the protection of a young person. When the Police service is advised of a likely criminal offence, it will record the information it receives but will investigate according to whether or not the individual circumstances of the case warrant it. The Police will liaise with Children’s Social Care Services about an investigation, unless the urgency to act to protect an individual or secure arrests precludes them from so doing. |
9. Safeguarding Young People 16 and 17 years
| 9.1 | Consensual Sexual activity is not an offence over the age of 16, nevertheless 16 and 17 year old young people are still vulnerable to harm through an abusive sexual relationship. Practitioners providing services for 16 and 17 year old young people need to assess and address their safety and wellbeing as in sections 3 and 4 above, and in line with the Coventry Inter-Agency Procedures. |
| 9.2 | Consideration still needs to be given to issues of sexual exploitation through prostitution and abuse of power. Young people 16 and 17 years old are not deemed able to give consent if the sexual activity is with an adult in a position of trust or a family member as defined by the Sexual Offences Act 2003; and/or any pre-existing legislation. |
Appendix 1: Risk Assessment Matrix
Please click here to view the Risk Assessment Matrix
Appendix 2 Flowchart
Please see the Flowchart for Professionals Working with Sexually Active Under 18's.
Footnotes
- Best Practice Guidance for Doctors and other Health Professionals on the Provision of Advice and Treatment of Young People under 16 on Contraceptive, Sexual and Reproductive Health; and Enabling Young People to Access Contraceptive and Sexual Health Information and Advice: Legal and Policy Framework for Social Workers, Residential Social Workers, Foster Carers and other Social Care Practitioners (DfES/Teenage Pregnancy Unit, 2004)
- The Bichard Inquiry Report (HMSO, 2004)
- Every Child Matters, ECM next steps and Change for Children (DfES, 2003 – 4): See DfES Guidance at Every Child Matters: Change for Children (DfE website)
- Coventry Interagency Procedures
- The relevant professional should have the clinical/professional skills and competencies for managing these situations, acquired through training in the Common Assessment Framework, Core Child Protection skills and competencies.
- Coventry Information Sharing Protocol 2004
- What To Do If You Are Worried That A Child id Being Abused(HMSO, DfES 2007)
- Best Practice Guidance for Doctors and other Health Professionals on the Provision of Advice and Treatment of Young People under 16 on Contraceptive, Sexual and Reproductive Health; and Enabling Young People to Access Contraceptive and Sexual Health Information and Advice: Legal and Policy Framework for Social Workers, Residential Social Workers, Foster Carers and other Social Care Practitioners (DfES/Teenage Pregnancy Unit, 2004)
- The Fraser Guidelines, also known as the Gillick Competency test. In 1980’s the House of Lords ruled that young people under 16, who are fully able to understand what is proposed, and its implications, are competent to consent to medical treatment regardless of age.
- Sexual Offences Act 2003(HMSO 2004)
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