5.5 Safeguarding Children and Young People from Sexual Exploitation |
Contents
1. Introduction
These procedures are designed to implement the document Safeguarding Children and Young People from Sexual Exploitation which was issued by the Department for Children, Schools and Families in June 2009.
The guidance provides information about sexual exploitation, the roles and responsibilities of relevant agencies and the procedures practitioners should follow to ensure the safety and well-being of children and young people who it is suspected have been sexually exploited.
These procedures should be read in conjunction with:
- Safeguarding Children who may have been Trafficked (DCSF 2007)
- Missing Children and Families Procedure
- Safeguarding Children and Young People from Sexual Exploitation (DCSF 2009)
Sexual exploitation of children and young people has been identified throughout the UK, in both rural and urban areas, and in all parts of the world. It affects boys and young men as well as girls and young women. It is a form of Sexual Abuse and can have a serious impact on every aspect of the lives of children involved.
It is a crime that knows no borders and, as indicated above, can be global in nature. Cross border cooperation is therefore crucial as it is possible that activity in one area may push perpetration across a border, together with the young victims.
Children involved in any form of sexual exploitation should be treated primarily as the victims of abuse and their needs carefully assessed; the aim should be to protect them from further harm and they should not be treated as criminals. The primary law enforcement response should be directed at perpetrators who groom children for sexual exploitation.
2. Definition
The sexual exploitation of children and young people is a form of Sexual Abuse.
The sexual exploitation of children is described in the government guidance document as “involving exploitative situations, contexts and relationships where young people (or a third person or persons) receive ‘something’ (e.g. food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of their performing, and/or another or others performing on them, sexual activities.
It can occur through the use of technology without the child’s immediate recognition; e.g. being persuaded to post sexual images on the internet/mobile phones without immediate payment or gain. In all cases, those exploiting the child have power over them by virtue of their age, gender, intellect, physical strength and/or economic or other resources.
Violence, coercion and intimidation are common, involvement in exploitative relationships being characterised in the main by the child’s limited availability of choice resulting from their social/economic and/or emotional vulnerability.
What marks out sexual exploitation is an imbalance of power within the relationship. The perpetrator always holds some kind of power over the victim, increasing the dependence of the victim as the exploitative relationship develops.
3. Key Principles
- A child-centred approach. Action should be focussed on the child’s needs, including consideration of children with particular needs or sensitivities, and the fact that children do not always acknowledge what may be an exploitative or abusive situation.
- A proactive approach. This should be focussed on prevention, early identification and intervention as well as disrupting activity and prosecuting perpetrators.
- Parenting, family life, and services. Taking account of family circumstances in deciding how best to safeguard and promote the welfare of children and young people.
- The rights of children and young people. Children and young people are entitled to be safeguarded from sexual exploitation just as agencies have duties in respect of safeguarding and promoting welfare.
- Responsibility for criminal acts. Sexual exploitation of children and young people should not be regarded as criminal behaviour on the part of the child or young person, but as child sexual abuse. The responsibility for the sexual exploitation of children lies with the abuser and the focus of police investigations should be on those who coerce, exploit and abuse children and young people.
- An integrated approach. Working Together to Safeguard Children 2010 sets out a tiered approach to safeguarding: universal, targeted and responsive. Within this, sexual exploitation requires a three-pronged approach tackling prevention, protection and prosecution.
- A shared responsibility. The need for effective joint working between different agencies and professionals underpinned by a strong commitment from managers, a shared understanding of the problem of sexual exploitation and effective coordination by the Local Safeguarding Children Board.
4. Managing Individual Cases
4.1 Identification of Risk and Possible Indicators
The factors below are recognised as factors linked to sexual exploitation. It is not an exhaustive list and each indicator is not in itself proof of involvement. Concerns should increase the more indicators that are present. They are:
- Health – physical symptoms e.g. bruising, chronic fatigue, recurring or multiple sexually transmitted diseases; pregnancy and/or seeking an abortion; evidence of drug, alcohol or substance misuse; sexually risky behaviour
- Education – truancy; disengagement with education; considerable change in performance at school
- Emotional and behavioural development – volatile behaviour exhibiting extreme array of mood swings or use of abusive language; involvement in petty crime; secretive behaviour; entering or leaving vehicles driven by unknown adults
- Identity – low self-image; low self-esteem; self-harm; eating disorder; promiscuity
- Family and social relationships – hostility in relationship with parents, carers and/or other family members; physical aggressions towards parents, siblings, pets, teachers or peers; placement breakdown; detachment from age appropriate activities; association with other young people who are known to be sexually exploited; sexual relationship with a significantly older person; unexplained relationships with older adults (e.g. through letters, texts, internet links); staying out overnight or returning late with no plausible explanation; persistently missing or missing with no known home base; returning after having been missing looking well cared for with no known home base; going missing and being found in an area where the child has no known links
- Social presentation – change in appearance; leaving home in clothing unusual for the child e.g. inappropriate for age
- Parental capacity – family history of parental neglect or abuse
- Family and environmental factors – family history of domestic violence; pattern of homelessness
- Income - possession of large amounts of money with no plausible explanation; acquisition of expensive clothes, mobile phones or other possessions without plausible explanation; accounts of social activities with no plausible explanation of the source of necessary funding
- Family’s social integration – reports that the child has been seen in places known to be used for sexual exploitation.
Possible indicators specific to boys and young men are:
- Health – physical symptoms (e.g. bruising or sexually transmitted infections); drug or alcohol misuse; self-harm or eating disorders
- Education – truancy, deterioration of school work or part-time timetable
- Emotional and behavioural development – secretive e.g. about internet use; anti-social behaviour; sexualised language; sexually offending behaviour
- Family and social relationships – associating with other children and young people at risk of sexual exploitation; missing from home or staying out late; getting into cares of unknown people; contact with adults outside normal social group
- Identity – low self-esteem, poor self-image or lack of confidence
- Social presentation – wearing an unusual amount of clothing
- Income – social activities with no explanation of how funded; possession of abnormal amounts of money, gifts, new mobile phones, credit on mobile phone, number of SIM cards
- Social integration – frequenting known high-risk areas or going to addresses of concern; seen at public toilets known for cottaging; seen at adult venues
High Risk factors could be described as:
- Entrenched in one or a number of abusive relationships
- Contact with known perpetrators regularly going missing and running from home
- Problem drug and alcohol abuse
- Experience of violence, intimidation and fear
- Excessive mobile and internet use
Anyone who has regular contact with children is in a good position to notice changes in behaviour and physical signs that may indicate involvement in sexual exploitation.
They should also know how to monitor online social networking sites / spaces and be prepared to request access reports where they are suspicious that a child is being groomed online.
The fact that a young person is 16 or 17 years old should not be taken as a sign they are no longer at risk of sexual exploitation.
Although the predominant evidence is of men sexually abusing children and young people, both men and women have been known to be involved. The evidence also shows that they are often abused by ’boyfriends’ or people with whom they have a relationship.
Professionals should also be alert to organised familial abuse or abuse within closed communities, including sexual exploitation and the making and distribution of abusive images of children and trafficked children.
4.2 Considering a Referral
Each agency should have a lead professional for sexual exploitation. Concerns that a child may be at risk of sexual exploitation should be discussed with a manager and/or designated professional for safeguarding and/or the lead professional for sexual exploitation and a decision made as to whether there should be a referral to Children’s Social Care.
The wishes and feelings of the child or young person should be obtained when deciding how to proceed but practitioners should be aware that perpetrators may have groomed the child’s responses and that the child may be denying what is happening.
Where an agency is fearful of losing the engagement of a child or young person by reporting their concern to Children’s Social Care, the agency should discuss this with Children’s Social Care to agree a way forward. This will allow the referring agency to alert Children’s Social care to their concerns but agree a timescale to ensure the young person can be engaged.
Any decision not to share information or refer a child should be fully recorded. See also Information Sharing Procedure.
4.3 Making a Referral
A child or young person who is suspected of suffering or being at risk of suffering sexual exploitation will by definition be a child who may be a Child in Need under the Children Act 1989 and should be referred to Children’s Social Care under the Contacts and Referrals Procedure.
Children’s Social care should decide on its course of action within 24 hours taking into account the urgency of the situation and need to react quickly if necessary to protect the young person.
In making this decision Children’s Social Care will discuss with any referring professional or service, and involve other professionals and services as necessary, including the Police.
The child’s individual needs and circumstances must be carefully assessed, including issues of ethnicity, gender, culture, disability, religion and sexual orientation.
4.4 Initial Assessment
Specific action during the Initial Assessment of a child who has been sexually exploited should include obtaining relevant information from professionals in contact with the child and those who have expertise in working with children and young people involved in sexual exploitation.
Agencies with statutory child protection powers must at all stages, consider whether the child may be in need of urgent action to secure his/her safety because of the risk to the child’s life or likelihood of serious harm.
4.5 Next Steps
An Initial Assessment may indicate that he child is defined as ‘in need’ and services are to be provided to support the child.
However a further more detailed Core Assessment may be required. This will still apply even where the concerns are about abuse by non-family members.
If at any stage:
- There is reasonable evidence that the child is suffering or likely to suffer Significant Harm or
- The child is in Police Protection (under Section 46, Children Act 1989) or
- The child is subject to an Emergency Protection Order
A Strategy Discussion must be held.
4.6 Strategy Discussion and Section 47 Enquiries
See also Strategy Discussions and Section 47 Enquiries as Part of Core Assessments Procedure.
The Strategy Discussion should decide whether the criteria for initiating a Section 47 Enquiry are met and, if necessary, plan the enquiry.
Children’s Social Care should involve the professionals with specialist experience in sexual exploitation in the Strategy Discussion.
Consideration should be given to contacting neighbouring and other Local Authority areas where children and young people have alleged to have been sexually exploited or where abusers and coercers live.
Where a decision to prosecute has been taken, the priority must be to investigate and prosecute those who abuse, coerce or groom children into sexual exploitation.
The children and young people concerned may have Children’s Services involvement as a Child in Need, be Looked After or be subject to a Child Protection Plan. A Strategy Discussion must be held when sexual exploitation is recognised.
The wishes and feelings of the child should be obtained when deciding how to proceed; however, professionals who are assessing the views of these children must be aware that the perpetrators may have groomed them and conditioned their response.
4.7 Immediate Protection
Where immediate action to safeguard a child is required, it may involve removing the child from the home of a person who is exploiting them to a safe place. However, those working with children in these circumstances must never underestimate the power of perpetrators to find where the child is.
Such children will need placements with carers who have experience of building trusting relationships and skills at containing young people.
A decision to place a child or young person in secure accommodation should only be considered in extreme circumstances, when they are at grave risk of Significant Harm. In cases where the child is under the age of 13, the approval of the Secretary of State must be sought.
4.8 Intervention and Support
Agencies should recognise that there may be a strong relationship between the child and the coercer/abuser and it may be difficult for the child to break this relationship.
A strategy should therefore be developed, with the child and family wherever possible, to address the child’s needs and help him or her to move on from the exploitative situation. It could include specialist therapeutic support, mentoring to assist a return to education or employment, outreach work, help to secure appropriate health services, and assistance to develop a positive network of friends and relatives.
The particular circumstances of the child should of course be taken into account in developing the multi agency response and the plan for services should be tailored to meet their specific needs, e.g. whether they are Looked After and/or preparing to leave care, not receiving a suitable education, often missing from home or care, may have been trafficked and/or may be affected by gang activity.
Parents should be engaged in this process unless they are implicated in the sexual exploitation.
Annex C of the Government Guidance ‘Safeguarding Children and Young People from Sexual Exploitation’ (2009) contains information (and a diagram) about service provision. This is intended to assist professionals to decide what types of intervention and supportive action will be required for children and young people at any given time.
5. Identifying and Prosecuting Perpetrators
Identifying, disrupting and prosecuting perpetrators is a key part of work to safeguard and promote the welfare of children and young people from sexual exploitation.
While the police and criminal justice agencies lead on this, the support of all partners in gathering and recording information/evidence is vital. All those involved in caring for a child who is suspected to be at risk of sexual exploitation should continually gather, record and share information, as appropriate, to this end. Parents and carers should be encouraged and supported to do so, ensuring that information is recorded in such a way that it can be used by the Crown Prosecution Service and accepted in Court.
Where a young person wants and is able to be part of a prosecution, it is essential that they are supported through this process and after the prosecution has taken place. Many of the issues facing young victims and witnesses are addressed in a Crown Prosecution Service 2006 Policy document on ‘Prosecuting Cases involving Children and Young People as Victims and Witnesses’.
In the absence of a complaint being made by a child or young person and where it is the best interests of the child, other methods should be considered in order to proceed with a prosecution.
There is a range of criminal offences that perpetrators may have committed, e.g. under the Sexual Offences Act 2003. Immigration offences may also be relevant, as well as drugs offences, tax evasion or benefit fraud. Annex A of the Government Guidance ‘Safeguarding Children and Young People from Sexual Exploitation’ (2009) sets out details of the legislative framework.
IMPACT Nominal Index (INI) is a new police-led information management system. It enables an investigator in one police force to identify which other police force holds relevant information on a given individual and is available to assist in the protection of children and young people from sexual exploitation.
In addition the National Offender Management Service, whose focus is the management and supervision of offenders, can assist to ensure that offenders are managed so as to protect children from sexual exploitation by maintaining awareness of the indicators set out in Section 4.1, Identification of Risk and Possible Indicators.
6. Disruption Plans
Disrupting perpetrators’ behaviours is an important part of local work to tackle child sexual exploitation. There will always be a proactive investigation aiming for successful prosecutions; and a disruption plan targeting suspected perpetrators can be extremely beneficial.
A disruption plan might involve a number of activities, ranging from observation of an individual’s activities, to the use of a range of civil orders including Sexual Offences Prevention Orders and Risk of Sexual Harm Orders.
Other types of legislation, such as Anti-Social Behaviour Orders, restraining orders or child abduction notices can be used to disrupt incidences of child exploitation whilst other activities to safeguard the children are taking place.
7. Cross Border Issues
When Surrey Police is made aware of behaviour which may amount to sexual exploitation in another Force area, they would use the National Intelligence Model to share intelligence with those relevant other Forces.
If the reported activity amounted to a crime, Surrey Police would take crime report details and transfer it to the relevant force by way of the Out of Force Crime system. During this transfer window appropriate liaison between forces will continue so that victim care is maintained.
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