8.9 Complex (Organised and Multiple) Abuse
SCOPE OF THIS CHAPTER
This section should be read in conjunction with the Home Office and Department of Health 2002 Guidance 'Complex Child Abuse Investigations: Inter Agency Issues'
Further advice for the police can be found in Appendix I to the Force Child Protection Policy. Detailed guidance for senior investigating officers is also contained in the ACPO document The Investigation of Historical / Institutional Child Abuse - The Senior Investigating Officers' Handbook.
- General Principles
- Scoping Strategy Meeting
- Professionals who need to be Informed
- Strategic Management Group
- Investigation Management Group
- Investigation Team
- Access to Records
- Information Sharing
- Crossing Geographical and Operational Boundaries
Complex (organised or multiple) abuse may be defined as abuse involving one or more abusers and number of children (related or non-related).
The abusers concerned may be acting in concert to abuse a child or children, or may be acting in isolation. One or more of the adults involved may be using an institutional framework or position of authority to recruit children for abuse.
It reflects, to a greater or lesser extent, an element of organisation on the part of the adult(s) involved and may involve:
Complex abuse investigations will encompass not only the reporting of current abuse on children, but also the reporting of childhood abuse by adults, commonly referred to as historical abuse.
These procedures also reflect that fact that whilst some investigations fall within the definition of complex abuse, they are not of the same scale or complexity as some of the large investigations in residential settings and children’s homes that originally led to the production of this procedure.
Consequently some investigations may be defined as ‘complicated’ rather than ‘complex’. In general terms these will be cases where agencies will need to work closely together, probably as part of a specialist team for the investigation under the direction of an Investigation Management Group (IMG), but not requiring the management and resources that would necessitate a Strategic Management Group (SMG).
Examples of such cases would be where there are perhaps one or two abusers, and the number of known or potential victims are such that local teams can resource any response.
Any decision relating to whether a case is complicated or not will be made at the scoping meeting.
Cases of organised abuse are often highly complex because of the number of children involved, the very serious nature of the allegations of abuse, the need for therapeutic input and the complex and time consuming nature of any consequent legal proceedings
Each investigation is different and complex abuse may occur in day care, in families and in other provisions such as youth services, sports clubs and voluntary groups. The emergence of cases of children being abused by the use of the Internet is also a form of complex abuse - see also Information Communication Technology Procedure.
Complex abuse investigations require thorough planning and may require the formation of dedicated teams of professionals from both the Police and Children's Social Care for the purpose of the investigation.
It is recognised those who commit sex offences against children often operate across geographical and operational boundaries and the procedure reflects the possible involvement of more than one local authority - see Crossing Geographical and Operational Boundaries.
Where an allegation involves a post holder who has a specified role within these procedures, the referral must be reported to an alternative (more senior) manager.
In all investigations of organised abuse, it is essential that staff involved maintain a high level of confidentiality in relation to the information in their possession without jeopardising the investigation or the welfare of the children involved
The protection of any children identified as being at risk of harm remains paramount, but the needs of the alleged offender should be treated with sensitivity and the investigation should aim to minimise the disruption and damage to the alleged offender's private and professional life.
Subsequent information generated throughout the investigation should only be shared on a 'need to know' basis.
These procedures must be implemented in conjunction with the procedures on allegations against carers, staff, and volunteers where appropriate (see Allegations Against People who Work with, Care for or Volunteer with Children Procedure)
Where there is a suspicion of complex abuse, the social / duty worker or police officer receiving the referral should immediately inform their line manager. Further advice is available from second tier managers. If managers agree that the referral constitutes a complex abuse allegation, the senior child protection manager and the detective chief inspector should be informed and consulted.
Investigations of complex abuse will be carried out under the auspices of the LSCB, which should be kept informed of its progress.
The Sequence of Events Flowchart describes the sequence of events in responding to concerns about potential complex abuse.
Scoping Strategy Meeting
In order to assist the decision whether a complex abuse investigation is commenced, there should be a 'scoping' meeting involving the:
The meeting needs to take account of the likely impact on the victim(s), the suspected offender(s) and the community in deciding whether the investigation or any course of action, is proportionate to the aim. Factors to be considered include the:
The scoping meeting must:
If the meeting decides that the case is likely to be sufficiently complex and resource intensive, then a full meeting of the Strategic Management Group should be convened.
If the meeting decides the case does not meet this threshold but does need a specific and focused operational response, an IMG should be convened to identify and deploy the necessary resources to manage and complete any resulting investigation.
Once formed, the IMG should operate as outlined at paragraph 8.8.36 onwards, consider as appropriate the issues listed at paragraph 8.8.31 and continue to comply with the general principles of this procedures.
If, after further enquiries are made, it becomes clear that the situation is more complex, the scoping meeting should be re-convened and consideration given to defining the investigation as complex and convening a Strategic Management Group.
If the case does not meet this threshold, then the investigation will be managed under the normal arrangements described in the Section 47 Enquiries Procedure. Where the extent of the complexity is unclear, there should be a further scoping meeting arranged to review the progress of the case. In some cases it may be useful to put in place an Investigation Management Group, where it would be helpful to the process.
If, after further enquiries are made, it becomes clear that the situation is more complex, the scoping meeting should be re-convened.
Professionals who need to be Informed
Once the decision has been taken at the scoping meeting to initiate a complex investigation, the lead officer for Children's Social Care must be informed. (S)he must inform the LSCB Chair, the Director of Children's Services, head of the media / press office and senior managers of relevant agencies e.g. designated child protection professionals.
Strategic Management Group
To ensure a coordinated response, a Strategic Management Group (SMG) meeting, chaired by either Children's Social Care or the Police, must be convened as early as possible. The agency initiating the meeting will provide the administrative support.
The membership of the SMG should comprise senior staff able to commit resources and will normally include the following:
Line managers of any staff implicated in the allegations of abuse must not be included in the SMG or the investigation team.
The terms of reference of the SMG should be recorded at the first meeting. All subsequent meetings held in accordance with this procedure must be recorded, the minutes classified as 'confidential' and all copies individually numbered. Any copying of minutes should be agreed with the chair.
The minutes should be arranged in the following format:
Decisions and explanatory reasoning should be recorded in the policy book, a document used by the senior investigating officer to record strategic and tactical decisions, who should also ensure the production of an action list for subsequent monitoring purposes.
The meeting must consider a wide range of issues and agree a plan that includes:
The SMG must ensure that any current risks to children are acted upon immediately, whenever they emerge during the investigation and should consider developing a risk management protocol as described at appendix C of Complex Child Abuse Investigations: Inter-Agency Issues, HO and DH 2002.
The SMG must make arrangements to convene regularly during the investigation to:
The SMG should remain in existence at least until the Crown Prosecution Service has made a decision about the alleged perpetrators.
The SMG must inform the LCSB of the investigation and consideration given to the need for a Serious Case Review.
Investigation Management Group
This group led by the police senior investigating officer or her / his deputy should include representatives of Children's Social Care, education, health and local authority legal services. Other agencies should be invited as appropriate.
The role of this group will vary, but should include:
The SMG should identify individuals within and outside their organisation with the required expertise. This may include experience of investigating allegations of abuse, compiling profiles, understanding methods of abusers, child protection processes, disciplinary proceedings and working with victims, survivors and their families.
In selecting staff, consideration should be given to requirements arising from the individual needs of the relevant child(ren) - e.g. gender, culture, race, language, and where relevant, disability.
The team members must be trustworthy and display sensitivity, honesty, empathy and personal maturity. They must all be wholly independent from any of the parties that are the subjects of the investigation.
Personnel seconded to the Investigation Team should be dedicated to the investigation and have no other responsibility.
The location of the team must take account, both geographically and organisationally, of the need to maintain confidentiality, especially crucial where the investigation concerns staff or carers.
Appropriate facilities must be available for video interviews and paediatric assessment.
Administrative support, information technology and accommodation requirements must be addressed at the outset, including the storage of confidential records.
Access to Records
One of the most difficult issues in complex abuse investigations relates to the tracing, use, management and disclosure of documentary information relevant to the investigation. The Investigation Team should consider what information is required and where it is likely to be, and take immediate steps to secure it within each agency.
A vast range of documentary information will exist on personal files, personnel files, e-mails, general establishment records and registers. Clear protocols and procedures for investigative access to this material will need to be established at an early stage.
Where vital information may have been lost, damaged or destroyed over a period of time, consideration should be given to the establishment of a database containing details of known or potential witnesses and victims.
Complex abuse investigations rely critically on sensitive or highly confidential information being made available, including any information known about alleged perpetrators identified in the investigation.
The principles set out in Information Sharing and Confidentiality should be applied to all complex abuse investigations and team members should be familiar with its provisions.
The need to maintain the integrity of shared information is vital, and all investigative staff must be aware and comply with the principle of a 'need to know basis'. Consideration should be given to the use of confidentiality agreements with regard to individuals employed to undertake the investigation. In addition to the issues regarding access to files and information sharing, consideration must be given for the need to share information about any known or suspected offender identified in the investigation.
Whenever a statement of complaint is received in respect of an alleged perpetrator, a risk assessment must be immediately undertaken with regard to what current risk that person may pose to other young children.
Members of the Investigation Team should not undertake this task, but ensure that the appropriate information is shared with the multi agency risk panel situated in the area where it is believed the perpetrator is currently residing (see Risk Management of Known Offenders and Those who Pose a Risk).
Crossing Geographical and Operational Boundaries
It may be recognised at the outset, or during the investigation, that there are suspected or potential victims in more than one geographical area.
At the outset, the responsibility for managing the investigation lies with Children's Social Care where the abuse is alleged to have occurred/ where the alleged perpetrator(s) are alleged to operate.
Once it is recognised that there are suspected or potential victims in other areas a joint approach should be made by the SMG to the appropriate police and Children's Social Care.
The initiating Investigation Management Group and Investigation Team should undertake the investigation on behalf of the other geographical areas. A senior manager from each area should join the initiating SMG to discuss this and agree any resource implications involved
If the number of victims outside the geographical boundaries of the original joint Investigation Team increases to the extent that it cannot respond, then an Investigation Management Group and / or an Investigation Team in the new geographic area should be established.
It is essential that there is a joint SMG to provide overall planning. If it is necessary to have more than one Investigation Team, there must be close working between coordinators and processes for full information sharing.
There must be a clearly defined exit strategy not only in relation to the closure of the investigation, but also with regard to the victims and witnesses, who may require on-going support at the conclusion of any trial or investigation.
Staff involved directly in the investigation as well as other operational staff who have kept day to day services running where colleagues have been seconded into the investigation team, need to be thoroughly debriefed.
At the conclusion of the investigation each agency should undertake a review, with a view to identifying any changes to policy, practice or disciplinary processes that may be necessary. Such a review will complement any Serious Case Review that may be concurrent or have been completed.
The SMG should have a final meeting where concluding information and debriefing can be shared. An overview report should be compiled and presented to the LCSB.
Consideration must also be given to the storage and security of the files relating to the investigation. Access to such records may well be necessary in relation to any on-going appeals, civil proceedings or applications for compensation.
Best practice is for the files to be centrally archived at a single location, and retained for a minimum period of 6 years from the completion of the investigation, or six months beyond the completion of any sentence, whichever is the longer.