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Contents

1. Introduction
2. Definition
3. Recognition
4. Factors to Consider when Investigating a Child who has (Allegedly) Sexually Abused Another Child
5. Procedure
6. Outcomes of Section 47 Enquiries

1. Introduction

While sexual exploration and experimentation are a normal part of childhood development, there are circumstances in which children are sexually harmed by other children and the consequences for the victim can be just as serious as when the abuser is an adult.

The primary objective of all work with children who sexually harm must be the protection of victims and prevention of a repetition of the sexually harmful behaviour.

Working Together Guidance states that professional interventions with children who display sexually harmful behaviour should be coordinated as part of the multi-disciplinary safeguarding children system.

2. Definition

The boundary between what is abusive and what is part of normal childhood or youthful experimentation can be blurred. Professionals’ ability to determine whether a child’s sexual behaviour is developmental, inappropriate or abusive will hinge around the related concepts of true consent, power imbalance and exploitation.

Developmental sexual activity encompasses those actions, which are to be expected from children as they move from infancy through to an adult understanding of their physical, emotional and behavioural relationships with each other. Such sexual activity is essentially information gathering and experience testing. It is characterised by mutual  consent and understanding.

Sexual behaviour can be inappropriate socially, inappropriate to development, or both. In considering whether behaviour fits into this category, it is important to consider what negative effects it has on any of the parties involved and what concerns it raises about a child. It should be recognised that some actions may be motivated by information seeking, but still cause significant upset, confusion, worry, physical damage. It may also be that the behaviour is ‘acting out’ which may derive from other sexual situations to which the child has been exposed.

Abusive sexual activity is characterised by behaviour involving coercion, threats, aggression together with secrecy, or where a participant relies on an unequal power base.

Professionals must be aware of the legitimate concerns about the inappropriateness of placing labels upon children, given their developmentally immature status, for example, referring to a child as a ‘young sex offender’ or ‘young abuser’. Therefore the use of terms such as ‘young people with sexually problematic or abusive behaviours’ is considered more appropriate and accurate as it emphasises their developmental status first and foremost whilst acknowledging the behaviours that require attention.

3. Recognition

When there is suspicion or an allegation of a child having been sexually abusive to another child, it should be referred immediately to the Children’s Social Care Services or the Police Public Protection Investigation Unit (PPIU) in accordance with the Contacts and Referrals Procedure.

It should be recognised that disclosure of sexually inappropriate or abusive behaviour by a child can be extremely distressing for parents or carers. They may react with disbelief and take on board some of the child’s minimisation. It is therefore important that professionals help them through this process at an early stage so they can also help the child

It must be acknowledged that not all children displaying problematic or abusive sexual behaviour have been sexually abused themselves. They may have been living in highly sexual environments with few boundaries, or been exposed to sexual activity or information which is beyond their natural level of development and understanding, or live in violent chaotic family environments where there is little warmth and empathy. In general, the younger the child with this type of behaviour the more likely they are to have experienced or witnessed sexual activity.

4. Factors to Consider when Investigating a Child who has (Allegedly) Sexually Abused Another Child

In order to more fully determine the nature of the incident, the presence of exploitation in terms of equality, consent and coercion should be given consideration:

Equality

Consider differentials of physical, cognitive and emotional development, power, control, status and authority, passive and assertive tendencies.

Consent

An agreement including all the following:

• Understanding what is proposed based on age, maturity, developmental level, functioning and experience;
• Knowledge of societies standards for what is being proposed;
• Awareness of potential consequences and alternatives;
• Assumption that agreements or disagreements will be respected equally;
• Voluntary decision;
• Mental competence.

Coercion

The child who (allegedly) abuses may use techniques like bribing, manipulation and emotional threats of secondary gains and losses that is loss of love, friendship, etc. Some may use physical force, brutality or the threat of these regardless of victim resistance.

The following questions may be used as a helpful guide in looking at a particular incident:

• What is the nature of the relationship between the child who (allegedly) sexually harmed and his/her victim?
• How sophisticated is the activity; is the type of sexual activity age appropriate?
• How often and for how long did the activity take place?
• Has it become more frequent, severe or deviant?
• Is there overt aggression, coercion or bribery?
• What is the experience of the abused person?
• Have there been any attempts to secure secrecy by any of the individuals involved?
• Does the abuser appear to target a particular type of victim?
• What was the response by the child’s parents/carers – dismissive and blaming, or shocked but understanding?

Professionals need to understand that the sexual behaviour of children can be placed along the continuum from normal/developmental, problematic and abusive. It is important to note that it is the relationship and interaction that defines sexual abuse – rather than an isolated behaviour, which is taken out of context. A range of professional responses is therefore needed to fit individual circumstances. For some children, educative inputs may be enough to address the behaviour. For others, particularly those whose behaviour is assessed to be coercive, a range of family, individual and group interventions should be considered.

In evaluating sexual behaviour of children, the above information should be used only as a guide. Further information and advice is available from A.C.T who will be able to assist professionals in identifying and responding to sexual behaviour of concern in children and adolescents.

5. Procedure

In all cases where the suspected or alleged abuser is a child, the Police and Children's Social Care Services must convene a Strategy Discussion or, more often, a Strategy Meeting within the required time-scales (see Section 1, Strategy Discussions and Meetings of Strategy Discussions and Section 47 Enquiries as Part of Core Assessments Procedure.

When the children concerned are the responsibility of different authorities, each must be represented at the Strategy Meeting, which will usually be convened and chaired by the authority in which the victim lives.

Children with sexually problematic/abusive behaviour who are returning to the community following a custodial sentence or time in Secure Accommodation also require consideration through these procedures.

Separate Strategy Discussions must be convened for the victim and the alleged abuser.

The Strategy Meeting(s) will be convened and chaired by Children's Social Care Services and a record made. The following individuals should be invited to the meeting:

• A representative from A.C.T (in relation to the meeting on the abusing child);
• Social worker for the child who is suspected or alleged to have sexually abused another person;
• Social worker for the child alleged to have been abused;
• Social workers' line manager;
• Police;
• YOT representative where the child who is suspected or alleged to have sexually abused is aged 10 or over;
• School representative/s for the relevant child (particularly if the concerns suggest that other children in the school setting may have been or may be at risk of being abused);
• School Nurse or other health service staff as required, for example CAMHS;
• Representatives of fostering or residential care as appropriate.

The meeting must plan in detail the respective roles of those involved in the Section 47 Enquiry and ensure the following objectives are met:

• Information relevant to the protection and needs of the alleged victim is gathered;
• Any criminal aspects of the alleged abuse are investigated;
• Any information relevant to any abusive experiences and protection needs of the child who is suspected or alleged to have sexually abused is gathered.

In planning the investigation the following factors should be considered:

• The immediate protection of the children involved;
• The age of the children involved;
• Seriousness of the alleged incident/s;
• The vulnerability of the alleged victim;
• Parental attitude and ability to protect their own child/ren;
• Whether there are grounds to believe that child who is suspected or alleged to have sexually abused has also been abused;
• Whether there is reason to suspect that adults have been involved in the development of the alleged sexually harmful behaviours;
• The likelihood and desirability of criminal prosecutions taking place;
• Arrangements to enable the children to continue their school attendance/education, which will include assistance with a risk assessment for the school;
• Medical examination or sexual health advice.

Where there is suspicion that the child under investigation is also a victim of abuse then the Strategy Meeting must consider the order in which the interviews will take place.

From the perspective of the criminal investigation, when a child (aged ten or over) is alleged to have committed an offence, the first interview with him/her must be undertaken by the Police, within the provisions of the Police and Criminal Evidence Act (PACE) 1984, i.e. it will be an audio taped interview held in a police station, under caution and with a parent or another appropriate adult present.

There may be circumstances in which this approach may not be in the best interests of the overall management of the investigation or the welfare of the child involved, for example when the child has a significant learning difficulty or disability or other vulnerability. In these circumstances, it may be preferable for a social worker (and other professional as appropriate) to interview the child.

If during the course of being interviewed as a victim of or witness to alleged abuse, under the provisions of the Achieving Best Evidence Guidance, a child admits offences, these incidents should normally be the subject of a separate interview.

Where the decision is reached that the alleged behaviour does not constitute abuse and there is no need for a Section 47 Enquiry, the details of the referral and the reasons for the decision must be recorded. The need for further assessment and/or the provision of support services to either child should still be considered.

6. Outcomes of Section 47 Enquiries

The outcome of Section 47 Enquiries is as described in the Strategy Discussions and Section 47 Enquiries as Part of Core Assessment Procedure. However, the position of the alleged victim and the child who is suspected or alleged to have sexually abused should be considered separately.

If the information gathered in the course of the Section 47 Enquiry suggests that the child who is suspected or alleged to have sexually abused is also a victim, or potential victim, of abuse including neglect, a Child Protection Conference must be convened.

Where the child who is suspected or alleged to have sexually abused is not made subject to a Child Protection Plan, consideration should be given to the need for services to address any sexually abusive behaviour and the inter-agency responsibility to manage any risks, through the use of Multi-Agency Planning Meetings.

Where there are no grounds for a Child Protection Conference, but concerns remain regarding the child's sexually problematic behaviour, consideration should be given to a Child  in Need Plan. Whether the child is a Child in Need or a Child in Need of Protection, it is important that they receive the appropriate level of intervention commensurate with their level of needs and risks. It is important that ACT is consulted in all circumstances for advice about the nature of the sexual behaviour prior to any decision reached by the police, YOT and CPS about criminal proceedings, reprimands, final warnings and cautions.

Community-based intervention programme's (such as A.C.T) need to be available on both a voluntary and legally mandated basis, either under the Children Act 1989 or relevant criminal justice legislation such as the Children and Young Persons Act 1969 or the Crime and Disorder Act 1998. Without some form of sanction, young people may drop out of therapy.

End