Introduced in January 2025.

1. Introduction

This procedure covers situations where a professional or member of the public wishes to raise a complaint in relation to the way the pan Sussex Safeguarding Children Partnerships (SCPs) have carried out their functions as set out in Working Together to Safeguard Children (Department for Education).

Having different perspectives within safeguarding practice is a sign of a healthy and well-functioning partnership. Effective working together depends on an open approach and honest relationships.

2. Scope

Individual complaints and concerns about individual services do not fall within the scope of this procedure and should be dealt with directly by the responsible agency according to their own corporate complaint procedures. Public bodies that fail to comply with their obligations under law are held to account through a variety of regulatory and inspection activity for example, Ofsted in the case of schools.

Where a parent/carer or young person wishes to complain about aspects of a child protection conference, including the outcome, the local authority Complaints by Service Users procedure should be followed. However minor issues about a conference, including accuracy of the minutes, should be taken up directly with the Conference Chair.

The Pan Sussex Dispute Resolution and Escalation Protocol should be referred to in respect of professional concerns or complaints in relation to individual cases.

Complaints about the functioning of the Sussex Safeguarding Children Partnerships in the discharge of their duties falls within the scope of this procedure. This procedure covers the three Sussex partnerships; East Sussex Safeguarding Children Partnership (ESSCP), West Sussex Safeguarding Children Partnership (WSSCP) and Brighton & Hove Safeguarding Children Partnership (BHSCP).

If the concerns about fall within the scope of managing allegations procedures then the following procedure must be followed, see Allegations against People who Work with, Care for or Volunteer with Children chapter.

3. Complaints about the Functioning of the Sussex Safeguarding Children Partnerships

Any complaint or concern about the general discharge of the Sussex SCP functions, including any concerns about subgroup chairing arrangements, should be addressed to the Delegated Safeguarding Partner identified as Partnership Chair of the local SCP in writing.

The Chair, supported by the local Partnership Business Manager, will seek to resolve the matter with the complainant within 20 working days of the complaint being received. Although for complex matters this timescale may be extended and the complainant given an expected timescale for a response and the reason for the expected delay. A small panel meeting to support resolution may be convened if deemed necessary and appropriate.

The  Partnership Chair can be contacted at:

Where the individual who has raised concern is not satisfied with the response, they may appeal the decision or outcome and request that his/her complaint is reviewed by one of the Lead Safeguarding Partners. (This should be investigated by one of the three partners with least connection to topic of  complaint). The Lead Safeguarding Partners can be contacted via the local Partnership Business Manager:

The relevant Partnership Business Manager will inform the complainant about the outcome of their appeal, on behalf of the Safeguarding Children Partnership within four weeks.

4. Complaints / Concerns about the Partnership Chair

Should the complaint / concern be regarding the Partnership Chair in respect of their effectiveness, independence or conduct, the complaint / concern should be made in writing to the relevant Partnership Business Manager who will liaise with  appropriate Delegated Safeguarding Partners and / or the Lead Safeguarding Partners.

The Designated Safeguarding Partners and / or Lead Safeguarding Partners will appoint a suitable person to investigate the complaint/ concerns, and the outcome will be reported to the complainant within 20 working days of the complaint being received. Although for complex matters this timescale may be extended and the complainant given an expected timescale for a response and the reason for the expected delay. A small panel meeting to support resolution may be convened if deemed necessary and appropriate.

5. Complaints / Concerns about a Lay Member

Any complaint or concern about the conduct of a lay member should be addressed to the Partnership Chair in writing.

The Partnership Chair, supported by the Partnership Business Manager, will seek to resolve the matter with the complainant within 20 working days of the complaint being received.  Although for complex matters this timescale may be extended and the complainant given an expected timescale for a response and the reason for the expected delay. A small panel meeting to support resolution may be convened if deemed necessary and appropriate.

For the  Partnership Chair details, see Section 3, Complaints about the Functioning of the Sussex Safeguarding Children Partnerships.

Where the individual who has raised concern is not satisfied with the response, they may appeal the decision or outcome and request that his/her complaint is reviewed by one of the Lead Safeguarding Partners. (This should be investigated by one of the three partners with least connection to topic of  complaint).

The Partnership Business Manager will inform the complainant about the outcome of his/her appeal, on behalf of the Board within four weeks.

6. Complaints / Concerns about a Member of the Sussex SCP Business Teams

Should the complaint/concern be regarding a member of the SCP Business Team in respect of their effectiveness  or conduct, the complaint / concern should be made in writing to the relevant Head of Safeguarding, Children’s Social Care, who will arrange for an examination of the complaint. The outcome will be reported to the complainant within 20 working days of the complaint being received. Although for complex matters this timescale may be extended and the complainant given an expected timescale for a response and the reason for the expected delay. A small panel meeting to support resolution may be convened if deemed necessary and appropriate.

  • Head of Safeguarding for Brighton & Hove Safeguarding Children Partnership – Justin Grantham – [email protected]
  • Head of Safeguarding for East Sussex Safeguarding Children Partnership – Douglas Sinclair – [email protected];
  • Head of Safeguarding for West Sussex Safeguarding Children Partnership – Laura Mallinson – [email protected].

7. Complaints / Concerns about Local Child Safeguarding Practice Reviews

Any complaint about the operation of the local child safeguarding practice reviews process should be addressed to the Chair of the Case Review Group in writing, who can be contacted at:

The Chair of the Case Review Group will inform the Partnership Chair about the complaint and will seek to resolve the complaint with the person raising the concern (or will arrange for the most appropriate person to respond).

The complainant will be responded to within 6 working weeks of receipt of the complaint. A small panel meeting to support resolution may be convened if deemed necessary and appropriate.

Where the individual who has raised concern is not satisfied with the response, they may appeal the decision or outcome and request that his/her complaint is reviewed directly by the Delegated Safeguarding Partners.

The Partnership Business Manager will inform the complainant about the outcome of their appeal, on behalf of the Case Review Subcommittee within four working weeks.

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Reviewed January 2025.

Next review 2026 (to be confirmed).

This protocol should be read in conjunction with the relevant Safeguarding Children Partnership Complaints Procedure, the Resolving Professional Differences in the Child Protection Process chapter.

1. Introduction

Professionals working within all agencies including Children’s Safeguarding, Education, Health, Police, Probation, Housing Providers and Voluntary Organisations may, from time to time, experience disagreements over the handling of concerns relating to children and families and the views of one person may not always accord with those of a professional colleague. This can occur when a representative from one agency expresses concerns about decisions taken, or the handling of a particular case, or there may exist conflicting views on how the case should be dealt with.

Having different professional perspectives within safeguarding practice is a sign of a healthy and well-functioning partnership and effective working together depends on an open approach and honest relationships between professionals. These differences of opinion are usually resolved by discussion and negotiation between the professionals concerned.

Differences could arise in a number of areas of multi-agency working as well as within single agency working. Differences are most likely to arise in relation to:

  • criteria for referrals and levels of need;
  • outcomes of assessments;
  • the need for action;
  • roles and responsibilities of workers;
  • service provision;
  • timeliness of interventions;
  • information sharing and communication.

It is essential that where differences of opinion arise they do not adversely affect the outcomes for children and young people and are resolved in a constructive and timely manner.

Where professional concerns or suspicions around the child’s safety and wellbeing remains, and there are concerns that the management around this is inadequate to protect the child, professionals are urged to initiate the Safeguarding Children Partnership (SCP) endorsed Resolving Professional Differences in the Child Protection Process.

The escalation process is a formal professional mechanism to improve the way professionals work together to collectively improve outcomes for children. Anyone working with children, young people and their families should feel confident to challenge decision-making.

2. Key Principles of this Protocol

  • Share key information appropriately and often.
  • Seek to resolve the issue quickly and at the practice rather than the management level.
  • Avoid disputes which place children at further risk by obscuring the focus on the child or which delay decision making.
  • Liaise with lead professionals in safeguarding or child protection designates in your organisation at the earliest opportunity. Clarity is expected from all agencies in respect of designated roles and responsibilities.
  • Familiarise yourself with the escalation routes within your agency for escalation and resolution.
  • Ensure accurate and contemporary recording on the child’s file of key decisions and conversations in relation to the resolution process.
  • Stay proactively involved; safeguarding is everyone’s responsibility.
  • Use the Safeguarding Children Partnership escalation process set out here In Section 3.

3. Process for Professional Resolution and Escalation of Concerns

Please note: in relation to the process for professional resolution and escalation of concerns, in line with the Pan Sussex Safeguarding Children Partnerships’ six stage process, line managers should seek advice from their agency’s nominated / designated safeguarding lead.

It is recommended by the Safeguarding Children Partnership that agencies seeking to resolve issues pertaining to child protection planning follow the Safeguarding Children Partnership six step process. At each stage the person escalating should clearly state the timeframe in which for a resolution should be reached before it is escalated to the next stage.

3.1 Six Step Process: For Professional Resolution and Escalation of Concerns

Stage 1: Professional to Professional Any professional who is unhappy about a decision / action should contact the professional who made the decision / took the action to express their views and concern and discuss / explore the basis of that decision. Be specific and evidence based as to what the difference of opinion is about and how this effects the outcomes for the child.
Stage 2: Manager to Manager If you are unable to resolve differences through discussion and / or meeting within a time scale,  which is acceptable to all parties, your disagreement must be addressed by more experienced / more senior staff.Raising the issue with your line manager can be done in written or verbal format but there must be
a written record of the issue raised, the action taken and the outcome for the child.
Stage 3: Senior Manager to Senior Manager If agreement cannot be reached following discussions between the ‘first line’ managers the issue must be referred without delay through the line management to the equivalent of Head of Service / detective inspector / head teacher / Named Doctor or Nurse.These two managers must attempt to resolve the professional differences through discussion and focus on outcomes for child.
Stage 4: Professional Leads for Safeguarding In the unlikely event that the issue is not resolved by the steps described above and serious professional disagreements remain unresolved / or the discussions raise significant policy issues, the matter should be raised with the professional leads for safeguarding and child protection within the agencies involved and include the senior child protection manager / Designated Doctor or Nurse.
Stage 5: Escalation to the Safeguarding Children Partnership (BHSCP, ESSCP, WSSCP) In the unlikely event that the steps outlined above do not resolve the issue, and / or the discussions raise significant policy / procedure issues and / or a number of similar concerns or disagreements have been recorded, the matter should be referred to an Independent Scrutineer commissioned by the Safeguarding Children Partnership/s to determine the appropriate process for resolution.This will include raising the issue with the Directors / Chief Executives of the three Safeguarding
Partners.
Stage 6: Escalation to the Secretary of State

 

If the Independent Scrutineer commissioned by the Safeguarding Children Partnership considers the leadership arrangements are weak or malfunctioning and all attempts at resolution have failed, legislation allows the Secretary of State to take enforcement action against any agency that is not meeting its statutory obligations as part of local safeguarding arrangements.

See Resolving Professional Differences in the Child Protection Process chapter for information on:

  • dissent with decision to call a Child Protection Conference o Professional Dissent at a Child Protection Conference;
  • dissent regarding the implementation of the Child Protection Plan.
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Last reviewed in January 2025.

Next review in January 2027.

This policy cross-references policies related to Criminal and Sexual Exploitation including Serious Organised Crime and Gangs and Young People and Substance Misuse due to the potential crossover with each separate policy.

1. Introduction

Child trafficking is a Serious Organised Crime (SOC) and is an issue of considerable concern to all professionals with responsibility for the care and protection of children. Children may be trafficked into, out of or within the UK. The Modern Slavery Act 2015 incorporates crimes related to child / human trafficking into the broader term ‘Modern Slavery’.

Modern Slavery includes slavery, servitude and forced or compulsory labour, organ harvesting, as well as human trafficking. Child and adult victims may be trafficked into the UK and then sexually exploited or forced to work.  Any form of modern slavery including trafficking children is an abuse. Children are coerced, deceived or forced into the control of others who seek to profit from their exploitation and suffering.

Many cases involve UK-born children being trafficked and exploited within the UK. This can include being trafficked from one street to the next if for the sole purpose of being forced to deal drugs, for example. There is often overlap, therefore, between the approach we need to take to tackle Child Criminal Exploitation (CCE) and other forms of modern slavery.

Section 52 of the Modern Slavery Act 2015 requires specified public authorities to have a ‘Duty to Notify’ the Secretary of State (Home Office) of any individual (including a child) encountered in England and Wales who they believe is a victim of slavery or human trafficking.

It is essential that professionals working across social care, education, health, immigration and law enforcement develop an awareness of modern slavery and an ability to identify trafficked children and those subjected to other forms of modern slavery. Everyone involved in the care of unaccompanied and trafficked children should be trained to recognise and understand the particular issues likely to be faced by these children.

This guidance provides information about modern slavery, including trafficking, the roles and functions of relevant agencies and the procedures practitioners should follow to ensure the safety and well-being of children who it is suspected have been trafficked or who are victims of modern slavery. It is important to note that not all statutory services can make referrals into the National Referral Mechanism (including people working in the NHS). Further information available in Section 7.2, Duty to Notify.

See also Report Modern Slavery as a First Responder (Home Office)

2. Definitions

Modern slavery is the recruitment, movement, harbouring or receiving of children and adults, of any gender, through the use of force, coercion, abuse of vulnerability, deception or other means for the purpose of exploitation. Individuals may be trafficked into, out of or within the UK, and they may be trafficked for a number of reasons including sexual exploitation, forced labour, domestic servitude and organ harvesting.

There is helpful national guidance for the Modern Slavery Act 2015; Modern Slavery: statutory guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and non-statutory guidance for Scotland and Northern Ireland (accessible version) , Home Office.

The definition of trafficking contained in the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (ratified by the UK in 2006) is as follows.

“Trafficking of persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of person, by means of the threat of or use:

  • of force or other forms of coercion;
  • of abduction;
  • of fraud;
  • of deception;
  • of the abuse of power or of a position of vulnerability; or
  • of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

Exploitation shall include, at a minimum, forced criminality, sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

Any child transported for exploitative reasons is considered to be a victim of trafficking, whether or not they have been forced or deceived. This is partly because it is not considered possible for children in this situation to give informed consent. Even when a child understands what has happened, they may still appear to submit willingly to what they believe to be the will of their parents or accompanying adults. It is important that these children are protected also.

This definition is inclusive of internal trafficking or trafficking of children within borders.

Care of Unaccompanied and Trafficked Children: Statutory Guidance for Local Authorities on the Care of Unaccompanied Asylum Seeking and Trafficked Children (Department for Education) provides that where the age of a person is uncertain and there are reasons to believe that they are a child, they are presumed to be a child in order to receive immediate access to assistance, support and protection in accordance with Article 10(3) of the European Convention on action Against Trafficking in Human Beings. Age assessments should only be carried out where there is significant reason to doubt that the claimant is a child. Age assessments should not be a routine part of a local authority’s assessment of unaccompanied or trafficked children. Where age assessments are conducted, they must be Merton Compliant.

3. Modern Slavery and Human Trafficking Overview

Most children are trafficked  for financial gain. This can include payment from or to the child’s parents or guardians. In most cases, the trafficker also receives payment from those wanting to exploit the child once in the UK. Trafficking is carried out by Organised Crime Groups (OCGs) and individual adults or agents.

Trafficked children may be used for:

  • sexual exploitation;
  • domestic servitude;
  • sweatshop, nail bars, restaurant and other catering work;
  • credit card / financial fraud;
  • organised begging or pick pocketing or other forms of petty criminal activity;
  • organised acquisitive crime (such as high-value vehicle theft or burglary);
  • agricultural labour, including tending plants in illegal cannabis farms;
  • benefit fraud;
  • drug dealing (often county drug lines) or decoys for adult drug traffickers; ‘county lines’
  • illegal inter-country adoptions.

Children may be trafficked from several different countries for a variety of different reasons. Factors which can make children vulnerable to trafficking are varied and include such things as poverty, lack of education, discrimination and disadvantage, political conflict and economic transition, inadequate local laws and regulations. Separated migrant children may become vulnerable to traffickers during their journey to the UK as they pass through several locations where traffickers are finding it easy to recruit their victims. It is also true that whilst there is a demand for children within the UK, trafficking will continue to be a problem.

To recruit children, a variety of coercive methods are used such as abduction or kidnapping as well as more subversive ways such as the promise of education, respectable employment, social status, a sense of belonging or a better life. It has been suggested that children have been brought in via internet transactions, foster arrangements and contracts as domestic staff, or been tricked into a bogus forced marriage for the purpose of forcing them into ‘sex working’ (sexual exploitation). Although there is no evidence of other forms of exploitation such as ‘organ donation, or harvesting’, all agencies should remain vigilant.

Many children travel to the UK on false documents. The creation of a false identity for a child can give a trafficker direct control over every aspect of the child’s life. Even before they travel to the UK children may be subject to various forms of abuse and exploitation to ensure that the trafficker’s control over the child continues after the child is transferred to someone else’s care. False documentation is a form of organised immigration crime.

Any port of entry into the UK may be used by traffickers via air, rail and sea and as checks on main entry points are increased evidence suggests that traffickers are using more local entry points.

Trafficked children are victims of Serious Organised Crime and this will impact on their health and welfare. In order to coerce and control, they are commonly subject to physical abuse including use of drugs and alcohol, emotional and psychological abuse, sexual abuse and neglect as a result of a lack of care about their welfare and the need for secrecy surrounding their circumstances.

There is increasing evidence that children of both UK and other citizenship are being trafficked internally within the UK for very similar reasons to those outlined above. There is evidence of predominately teenage girls born in the UK being targeted for internal trafficking between towns and cities for sexual exploitation; however children of any gender are at risk.

4. Legal Position

International agreements and legal instruments relevant to trafficked and exploited children include:

In 2000 trafficking became enshrined in international law for the first time through the Palermo Protocol.

Section 45 (4) of the Modern Slavery Act 2015 provides that a young person may have a statutory defence in law of an offence if they committed it because of being a victim of slavery. Further information is published on the Youth Justice Legal Centre website.

UK legislation and guidance relevant to trafficked and exploited children includes:

5. Sussex Anti-Slavery Network

The Sussex Anti-Slavery Network is a pan-Sussex partnership made up of statutory, non-statutory and community organisations working together to eradicate all forms of modern slavery and human trafficking from Sussex. In October 2018, an Anti-Slavery Pledge was signed by the Office of Sussex Police & Crime Commissioner, Sussex Police, West Sussex County Council, Brighton & Hove City Council and East Sussex County Council to acknowledge Anti-Slavery Day and to honour our collective commitments in responding. This includes sharing information across the county with the view to improving the support available for potential victims. It also includes raising awareness of how to spot the signs, how to get support and how to respond.

6. Recognition of the Signs

All practitioners who encounter children and young people in their everyday work need to be able to recognise children who have been trafficked or who may be victims of modern slavery and be competent to act to support and protect these children from harm.

The nationality or immigration status of the child does not affect any agency’s statutory responsibilities to safeguard and promote the welfare of children. Nationality and immigration issues should be discussed with UK Visas and Immigration only when the child’s need for protection from harm has been addressed and should not hold up action to protect the child.

Identification of trafficked children may be difficult as they might not show obvious signs of distress or abuse. Some children are unaware that they have been trafficked, while others may actively participate in hiding that they have been trafficked. We all play a role in identifying children at risk, for example, staff in health settings may identify unexplained injuries even if an account is provided.

The following indicators are not a definitive list and are intended as a guide to be included in a wider assessment of the child’s circumstances.

At port of entry, the child:

  • has entered the country illegally;
  • has no passport or means of identification or has false documentation;
  • is unable to confirm the name and address of the person meeting them on arrival;
  • has had their journey or visa arranged by someone other than themselves or their family;
  • is accompanied by an adult who insists on always remaining with the child;
  • is withdrawn and refuses to talk or appears afraid to talk to a person in authority;
  • has a prepared story like those that other children have given;
  • is unable or is reluctant to give details of accommodation or other personal details.

Whilst resident in the UK, the child:

  • does not appear to have money but does have a mobile phone;
  • receives unexplained  /unidentified phone calls whilst in placement / temporary accommodation;
  • has a history of missing episodes and unexplained moves;
  • is required to earn a minimum amount of money every day;
  • works in various locations;
  • has limited amount of movement;
  • is known to beg for money;
  • is being cared for by adult(s) who are not their parents and the quality of the relationship between the child and their adult carers is not good;
  • is one among a few unrelated children found at one address;
  • has not been registered with or attended a GP practice;
  • has not been enrolled in school.

Children internally trafficked in the UK – indicators include:

  • physical symptoms indicating physical or sexual assault;
  • behaviours indicating sexual exploitation;
  • phone calls or letters from adults outside the usual range of contacts;
  •  persistently missing; missing for long periods;
  • returning looking well cared for despite having no known base;
  • possession of large amounts of money;
  • acquisition of expensive clothes, mobile phones without plausible explanation;
  • low self-image, low self-esteem, self-harming behaviour, truancy and disengagement with education.

7. Response

7.1 Referrals

Whenever a practitioner or volunteer becomes concerned that a child has suffered, or is likely to suffer, significant harm, a referral must be made to Children’s Social Care, in accordance with the Recognition of Abuse and Neglect and Making a Referral chapters.

If the concern is raised at a port of entry, then immigration services should without delay, contact the Children’s Social Care for the local area serving the port of entry. If the child is already in the country, the referral must be made to the Children’s Social Care for the area in which the child resides.

In cases where a child displays indicators that they may have been trafficked, whether from overseas or within the UK, practitioners have a duty to refer the case to the relevant competent authority via the National Referral Mechanism referral form. All children under the age of 18 must be referred.

Practitioners should not do anything which would heighten the risk of harm or abduction to the child. Where a child has been trafficked, the Assessment should be carried out immediately as the opportunity to intervene is very narrow. Many trafficked children go missing from care, often within the first 48 hours. Provision may need to be made for the child to be in a safe place before any Assessment takes place and for the possibility that they may not be able to disclose full information about their circumstances immediately.

Decision making following the receipt of a referral will normally follow discussions with the Police, the person making the referral and may involve other professionals and services. See those identified in Section 9, Support Services and Useful Contacts.

7.2 Duty to notify

See also Modern Slavery: Duty to Notify (Home Office) 

Public authorities have a duty to notify the Secretary of State about suspected victims of slavery or human trafficking.

The ‘duty to notify’ provision is set out in Section 52 of the Modern Slavery Act 2015, and applies to the following public authorities in England and Wales at the time of publication (additional public authorities can be added through regulations):

(a) a chief officer of police for a police area;

(b) the chief constable of the British Transport Police Force;

(c) the National Crime Agency;

(d) a county council;

(e) a county borough council;

(f) a district council;

(g) a London borough council;

(h) the Greater London Authority;

(i) the Common Council of the City of London;

(j) the Council of the Isles of Scilly;

(k) the Gangmasters Licensing Authority.

Home Office staff within UK Visas and Immigration, Border Force and Immigration Enforcement are also required, as a matter of Home Office policy, to comply with the duty to notify.

Any agency that is not listed above is required to refer any concerns related to children as potential victims of slavery or trafficking to the relevant Local Authority Children’s Services or Police Force.

7.3 Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment)

Specific action during the Family Assessment of a child who is possibly trafficked should include:

seeing and speaking with the child and family members as appropriate – the adult purporting to be the child’s parent, sponsor or carer should not be present at interviews with the child, or at meetings to discuss future actions;

drawing together and analysing information from a range of sources, including relevant information from the country or countries in which the child has lived. All agencies involved should request this information from their counterparts overseas. Information about who to contact can be obtained via the Foreign and Commonwealth Office or the appropriate Embassy or Consulate in London;

checking all documentation held by child, the family, the referrer and other agencies. Copies of all relevant documentation should be taken and together with a photograph of the child be included in the social worker’s file.

Even if there are no apparent concerns, child welfare agencies should continue to monitor the situation until the child is appropriately settled.

7.4 Strategy Discussion and Section 47 Enquiries

Whenever a practitioner or volunteer becomes concerned that a child has suffered, or is likely to suffer, significant harm, a referral must be made to the local authority Children’s Social Care, in accordance with the Recognition of Abuse and Neglect and Making a Referral chapters.

LA Children’s Social Care must convene a Strategy Discussion within two working days of:

the child becoming looked after; or

arrival in the area where they are intending to reside, if a s.47 enquiry is appropriate.

The Strategy Discussion must:

share information – this will involve Immigration, the Police, Children’s Social Services and any other relevant professionals;

develop a strategy for making enquiries into the child’s circumstances, including consideration of a video interview;

develop a plan for the child’s immediate protection, including the supervision and monitoring of arrangements (for Looked After children this will form part of the care plan);

agree what information can be given about the child to any enquirers; and

agree what support the child requires.

Professional interpreters, who have been approved and DBS checked, should be used where English is not the child’s preferred language. Under no circumstances should the interpreter be the sponsor or another adult purporting to be the parent, guardian or relative. See also Working with Interpreters, Signers or Others with Communication Skills to Safeguard Children chapter.

7.5 Multi-agency meeting

On completion of a Section 47 Enquiry a meeting should be held with the social worker, their supervising manager, the referring agency as appropriate, the Police and other relevant professionals to decide on future action. Further action should not be taken until this meeting has been held and multi-agency agreement obtained to the proposed plan, including the need for a Child Protection Conference and Child Protection Plan.

Where it is found that the child is not a family member and is not related to any other person in this country, consideration should be given as to whether the child needs to be moved from the household and / or legal advice sought on making a separate application for immigration status.

Any law enforcement action regarding fraud, trafficking, deception and illegal entry to this country is the remit of the Police and the local authority should assist in any way possible

Trafficked children need:

  • professionals to be informed and competent in matters relating to trafficking and exploitation;
  • someone to spend sufficient time with them to build up a level of trust;
  • to be interviewed separately, at no stage should adults purporting to be the child’s parent, sponsor or carer be present at interviews or at meetings to discuss future action;
  • safe placements if children are victims of organised trafficking operations and for their whereabouts to be kept confidential;
  • legal advice about their rights and immigration status;
  • discretion and caution to be used in tracing their families;
  • risk assessment made of the danger if he or she is repatriated; and
  • where appropriate, accommodation under Section 20 of the Children Act 1989 or an application of an Interim Care Order.

The child should be offered an Independent Visitor and, if they decline, their reasons should be recorded. Any Independent Visitor appointed should have appropriate training and demonstrate an understanding of the needs faced by unaccompanied or trafficked children.

In addition, unaccompanied children should be informed of the availability of the Voluntary Return Schemes which are available through the Home Office.

8. Intervention and Support

8.1 Returning trafficked children to their country of origin

In many cases, trafficked children apply to the UK Visas and Immigration for asylum or for humanitarian protection. For some, returning to their country of origin presents a high risk of being re-trafficked, further exploitation and abuse.

If a child does not qualify for asylum or humanitarian protection and adequate reception arrangements are in place in the country of origin, the child will usually have to return. It is important that this is handled sensitively and with assistance with reintegration which is available through voluntary return schemes.

8.2 Trafficked children who are Looked After

Trafficked children may be accommodated by the local authority under Section 20 of the Children Act 1989. This is most often because they have been identified as Unaccompanied Asylum-Seeking Children.

The assessment of their needs to inform their Care Plan should include a risk assessment of how the local authority intends to protect them from any trafficker being able to re-involve the child in exploitative activities. This plan should include contingency plans to be followed if the child goes missing.

Whilst the child is looked after, residential and foster carers should be vigilant about, for example, waiting cars outside the premises, telephone enquiries etc.

The local authority should continue to share information with the Police, which emerges during the placement of a child who may have been trafficked, concerning potential crimes against the child, risk to other children, or relevant immigration matters.

8.3 Children in specific circumstances – children going missing

Significant numbers of children who are categorised as UASC have also been trafficked. Some of these children go missing before they are properly identified as victims of trafficking. Such cases should be urgently reported to the police. Local authorities should consider seriously the risk that a trafficked child is likely to go missing

The Missing People Helpline and the NSPCC Helpline can offer support.

Practitioners responding to the disappearance of vulnerable children from abroad, following their arrival in this country, can access additional guidance Joint Policy for Children Missing chapter.

9. Support Services and Useful Contacts

9.1 Related guidance and information

Safeguarding Children Who May Have Been Trafficked non-statutory good practice guidance issued by the Department for Education and the Home Office;

Briefings | ECPAT UK – a number of briefings following 2023/24 changes to immigration legislation;

Safeguarding Trafficked Roma Children and Families, (published by the London Safeguarding Children Board);

Care of Unaccompanied and Trafficked Children: Statutory Guidance for Local Authorities on the Care of Unaccompanied Asylum Seeking and Trafficked Children (Department for Education).

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1. Introduction

The conventional approach to safeguarding children has mainly centred on risks within the household, overlooking the influences and dangers children and young people face beyond their family environment. Contextual Safeguarding broadens this perspective by considering not only familial dynamics but also the impact of peer relationships, school environments, and community settings on young people’s safety and well-being.

Acknowledging that children and young people increasingly socialise beyond the home as they transition into adolescence, Contextual Safeguarding understands the potential risks they may encounter from both adults and peers in these external settings and aims to identify and address harm and abuse in all environments where young people interact.

Peer relationships become more influential during adolescence, shaping the experiences, behaviours, and choices of young people while also influencing their peer status. These relationships are influenced by and contribute to the social norms of the child.

2. Areas of Risk

Contextual Safeguarding is applicable to a wide range of risks which can potentially cause significant harm to children and young people where the prime cause of harm is outside of the family. This list isn’t exhaustive but includes:

3. Definition

Dr. Carleen Firmin coined the term Contextual Safeguarding to refer to child protection methods that address risks or abuse beyond the family environment:

“Contextual Safeguarding is an approach to understanding, and responding to, young people’s experiences of significant harm beyond their families. It recognises that the different relationships that young people form in their neighbourhoods, schools and online can feature violence and abuse. Parents and carers have little influence over these contexts, and young people’s experiences of extra-familial abuse can undermine parent-child relationships. Therefore children’s social care practitioners need to engage with individuals and sectors who do have influence over/within extra- familial contexts, and recognise that assessment of, and intervention with, these spaces are a critical part of safeguarding practices. Contextual Safeguarding, therefore, expands the objectives of child protection systems in recognition that young people are vulnerable to abuse in a range of social contexts.” (Firmin 2017)

4. General Principles

The following principles collectively contribute to a nuanced and responsive approach to safeguarding that prioritises the safety, well-being, and rights of children and young people in diverse contexts.

  • Collaborative: Working in partnership with professionals, children, young people, families, and communities fosters a collective effort to ensure safety and well-being.
  • Ecological: Understanding the interconnectedness between the environments where young people face risks and the broader social inequalities that shape these environments is crucial for effective safeguarding.
  • Rights-based: Grounding safeguarding efforts in the principles of children’s and human rights ensures that interventions are respectful, dignified, and aligned with ethical standards.
  • Strengths-based: Recognising and leveraging the strengths and resilience of individuals and communities empowers them to actively participate in safeguarding processes and achieve sustainable change.
  • Evidence-informed: Relying on empirical evidence and lived experience helps in crafting solutions that are practical, relevant, and responsive to the realities of children’s lives and experiences of exploitation.
  • Tailored Approach: Acknowledging the complexity of exploitation requires customised interventions that address the unique circumstances and needs of each child or young person at risk.

5. Contextual Safeguarding and the Child Protection System

The child protection system, along with its legislative and policy framework, was established to protect children and young people from risks originating from their families or situations where families lacked the capacity to ensure their safety. While existing approaches address some extra-familial risks that diminish family capacity, traditional methods typically involve intervening with families to enhance their ability to protect young people from harm or relocating them from harmful environments.

In contrast, a Contextual Safeguarding system promotes strategies that disrupt or transform harmful extra-familial contexts rather than merely relocating families or young people away from them. Recognising that parents or carers may not have the means to change these contexts, the focus shifts to professionals and service providers within these spaces, who play a crucial role in the safeguarding agenda.

This broader approach expands the concept of ‘capacity to safeguard’ beyond families to include individuals and agencies responsible for managing extra-familial settings where young people encounter risks.

Contextual Safeguarding broadens the objectives of child protection systems, acknowledging that young people are susceptible to abuse in various social contexts.

6. Response

There are existing processes in place to address child harm or potential harm, and it’s important to continue following them. These processes support individualised safeguarding efforts that consider broader contexts and involve sharing information across teams and services for a collaborative response to significant risks and concerns.

Within these processes, it’s crucial to identify connections between multiple incidents and individuals.

The visual representation below shows where responses typically fit within the safeguarding process: Contextual Safeguarding Visual

7. Domains of Contextual Safeguarding

The domains of Contextual Safeguarding encompass different aspects of safeguarding efforts that extend beyond traditional family-focused approaches.

These domains include:

  • Targeting the social conditions of harm (Domain 1): This domain involves addressing the broader social factors and environmental influences that contribute to harm and abuse experienced by children and young people outside the home.
  • Recognising the changing nature of risks and vulnerabilities (Domain 2): Contextual Safeguarding acknowledges that risks to children and young people evolve as they transition through different stages of development and interact with various environments.
  • Developing multi-agency responses (Domain 3): Collaborative working among different agencies and sectors is essential to effectively respond to safeguarding concerns and address complex issues across multiple contexts.
  • Measuring outcomes within a context (Domain 4): Evaluating the effectiveness of interventions and safeguarding measures involves assessing not only individual safety but also the overall safety and well-being of the environments where children and young people spend time.

8. Contextual Safeguarding Strategy Discussion

During the risk assessment process, professionals may identify several young individuals at risk of significant harm or exploitation. Schools and other services frequented by children and young people play a crucial role in identifying those most vulnerable.

9. Contextual Safeguarding Strategy Meeting

During the risk assessment process, professionals may identify several young individuals at risk of significant harm or exploitation. Schools and other services frequented by children and young people play a crucial role in identifying those most vulnerable.

For those deemed most at risk, it is important to make a referral, as detailed in Making a Referral chapter.

A Contextual Safeguarding Strategy Meeting, chaired by a Senior Child Protection Manager from Children’s Services or their designated representative, should be convened.

Participants should include representatives from: schools, relevant children’s services, MASH / SPOA / FDFF), Police, Youth Offending Service, physical and mental health services, early help teams, and any other relevant agencies with significant involvement and knowledge of the children and young people concerned.

The primary objective of the meeting is to consider the young people involved and assess the prevailing contextual risks.

Professionals attending should be prepared, if necessary, to allocate resources from their respective agencies to support the young person and address the identified risks effectively.

Decisions regarding the necessity of individual Section 47 investigations will be made during this session.

In cases where a specific Section 47 investigation is deemed unnecessary, a lead agency will be identified to oversee the implementation of actions generated and monitor progress to support the young person.

The meeting needs to consider the potential impact of the concerns on young people and devise measures to mitigate any identified risks.

The Contextual Safeguarding Strategy Meeting is tasked with:

  • assessing the available information;
  • determining additional information needed;
  • organising the collection of required data;
  • conducting an initial mapping exercise to gauge the extent of the response and identify young people in need of targeted support;
  • evaluating the necessity of immediate protective measures;
  • to decide if the risks presented require a wider Complex Contextual Safeguarding Response. For example the issues relate to more than 4 children, cross boundaries and there is clear evidence of a network of exploitation;
  • developing specific operational responses, such as service provision for high-risk young people who go missing.

9.1 Professionals who need to be informed

Once the decision has been taken at the Contextual Safeguarding Strategy meeting to initiate a Complex Contextual Safeguarding Response, the Head of Safeguarding or equivalent in Children’s Services must be informed. They must consider the need to inform the Safeguarding Children’s Partnership and senior leaders.

10. Initiating A Complex Contextual Safeguarding Response

A Complex Contextual Safeguarding Meeting 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.

The Complex Contextual Safeguarding Meeting must make arrangements to convene regularly during the response to:

  • monitor the progress of the response;
  • ensure alignment with other governance structures involved in the response;
  • review risk indicators for the children involved;
  • consider resource requirements;
  • consider the appropriate timing of the termination of the response;
  • plan a de-brief meeting with the response management group to identify lessons learnt;
  • ensure that staff support structures and processes are in place and utilised.

11. Closure

A clearly defined exit strategy is essential, encompassing both the closure of the response and ongoing support for the young people involved. Safety plans will be developed for each young person in collaboration with the relevant agencies.

Directly involved staff must undergo thorough debriefing upon conclusion of the response.

Following the response, each agency should conduct a review to identify any necessary or beneficial policy changes. This review will complement any concurrent or completed safeguarding practice reviews.

The Complex Contextual Safeguarding Meeting will hold a final meeting to share concluding information and debriefing. An overview report will be compiled and presented to the safeguarding partnership.

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Last reviewed February 2025.

Date of next review February 2027.

See also East Sussex Safeguarding Children Partnership – Child AA Learning Briefing (opens as a pdf)

1. Introduction

The wider definition of exploitation involves exploitative situations, contexts and relationships where a person or persons receive ‘something’ (for example food, accommodation, drugs, alcohol, cigarettes, gifts, money, affection) because of them completing a task on behalf of another individual or groups of individuals. This is criminal and / or sexual exploitation and there can often be a crossover of the two.

Child criminal exploitation (CCE) or child sexual exploitation (CSE) often occurs without the child/young person’s immediate recognition, with the child / young person believing that they are in control of the situation. In all cases, those exploiting the child / young person 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 exploitation relationships being characterised in the main by the child or young person’s limited availability of choice resulting from their social / economic / emotional vulnerability.

Serious Organised Crime (SOC), such as County Drugs Lines (CDL), is a major, cross-cutting issue involving drugs, violence, gangs, safeguarding, criminal and sexual exploitation, modern slavery, human trafficking and missing persons. As such the lines often blur between individual elements of organised crime which can make it harder to spot the signs and know the best approach to tackle it.

This chapter summarises Ending Gang Violence and Exploitation (HM Government) – opens as pdf, followed by Criminal Exploitation of Children and Vulnerable Adults: County Lines Guidance (Home Office) – opens as a pdf.  This non-statutory guidance was updated considering the more recent publications in December 2020.

This guidance is primarily aimed at frontline staff who work with children, young people – up to the age of 25. This includes professionals working in children’s social care, education, health, housing, benefits, law enforcement (police) and related partner organisations.

It is intended to help them understand the nature of the risks posed to children and young people related to gang activity, serious violence, criminal exploitation, modern slavery and human trafficking. This includes participation in and as victims of gang violence, how signs of gang involvement may manifest themselves and how to deal with such issues.

This chapter is supplementary to:

The United Nations, for statistical purposes, defines persons between the ages of 15 and 24 as young people.

2. Definitions

2.1 Child sexual exploitation

The Department for Education defines child sexual exploitation as, “a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology”.

This definition appears in Child Sexual Exploitation: Definition and a Guide for Practitioners, Local Leaders and Decision Makers Working to Protect Children from Child Sexual Exploitation (Department for Education).

There is often a presumption that children / young people are sexually exploited by people they do not know. However, evidence shows that this is often not the case and children / young people are often sexually exploited by people with whom they feel they have a relationship such as a partner or someone they perceive to be a peer. Most sexual exploitation is hidden from public view.

Child Sexual Abuse and Exploitation (CSAE) is increasingly taking place online with an increase in romance fraud, sextortion and self-generated indecent images involving children under the age of 18.

2.2 Child criminal exploitation

The Home Office defines child criminal exploitation as, “common in county lines and occurs where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18. The victim may have been criminally exploited even if the activity appears consensual. Child criminal exploitation does not always involve physical contact; it can also occur through the use of technology. Criminal exploitation of children is broader than just county lines, and includes for instance children forced to work on cannabis farms or to commit theft”.

This definition appears in Exploitation of Children and Vulnerable Adults: County Lines Guidance (Home Office).

Child criminal exploitation recognises the concern that exists regarding children and young people who are used, through whatever means, to engage in criminal activity by other young people or adults who can coerce them to do so. The young people involved may not identify as being ‘exploited’ as such, but it is clearly to their detriment that they are involved in this type of activity. Children involved in criminal exploitation may not be coming to the attention of law enforcement agencies. Where children are involved in criminal exploitation through drug dealing, this is not just linked to county lines but may also be linked to local supply lines and criminal groups.

2.3 County lines

Criminal exploitation of children/young people is a geographically widespread form of harm that is a typical feature of county lines activity. It is a form of harm that was relatively unrecognised by those best placed to spot its potential victims until around 2014-15. County lines activity and the associated violence, drug-dealing and exploitation has a devastating impact on young people, vulnerable adults and communities.

County lines is a term used to describe organised crime groups (OCGs) involved in exporting illegal drugs into one or more importing areas within the UK, using dedicated mobile phone lines. They are likely to exploit children and young people to move and store the drugs and money and they will often use coercion, intimidation, violence (including sexual violence) and weapons.

The National County Lines Coordination Centre (NCLCC) has acknowledged that the County Drug Lines model has adapted over the past two years to include drug dealing via a deal line without it crossing a county border. For example, a County Drug Line can now exist from one part of Sussex to another using this updated business model and definition.

See the following for more information County Lines Toolkit For Professionals (The Children’s Society).

2.4 Organised crime groups (OCGs) / ‘gangs’

Being part of a friendship group is a normal element of growing up and it can be common for groups of children and young people to gather in public places to socialise. Although some group gatherings can lead to increased anti-social behaviour and youth offending, these activities should not be confused with the serious violence of an OCG / gang.

A gang is defined as a relatively durable group who have a collective identity and meet frequently. They are predominantly street-based groups of young people who see themselves (and are seen by others) as a discernible group for whom crime and violence is integral to the groups’ identity.

An Organised Crime Group (OCG) is defined in S.45(6) of Serious Crime Act 2015 as a group which has as its purpose, or one of its purposes, the carrying on of criminal activities; and consists of three or more people to act together for that purpose. It is not necessary for the individual participating in the OCGs activities to know any of the group members (S.45(7)). It is important for practitioners to recognise that ‘gang’ activity is essentially organised crime.

This guidance focuses on safeguarding those children and young people at Level 2, that is, those on the cusp of / vulnerable to making the transition to OCG / gang involvement as well as those already involved in OCGs / gangs.

At the top level (Level 3) are organised criminal gangs, traditionally composed principally of adult men. At the bottom level (Level 1) are peer groups.

Overall, children and young people are particularly vulnerable to suffering harm in the context of OCGs / gangs are potentially:

  • not involved in OCGs / gangs, but living in an area where OCGs / gangs are active, which can have a negative impact on their ability to be safe, healthy, enjoy and achieve, make a positive contribution to society and achieve economic well-being;
  • not involved in OCGs / gangs, but at risk of becoming victims of OCGs / gangs;
  • not involved in OCGs / gangs but at risk of becoming drawn in, for example, siblings or children of known OCG / gang members; or
  • OCG / gang-involved and at risk of harm through their OCG / gang-related activities (for example drug supply, weapon use, sexual exploitation and risk of attack from own or rival OCG / gang members).

A person may be both a victim and perpetrator / offender. When assessments and interventions by service providers treat a child as just a victim or just an offender, they are not considering the complex, cyclical nature of the victim-offender link and the factors that influence child / young people’s lives. Statutory understanding of the coercion and grooming tactics of OCGs/gangs has increased considerably since the Government published Safeguarding Children and Young People Who May Be Affected by Gang Activity. This includes a greater understanding of peer-on-peer abuse and how to adopt a contextual safeguarding approach to understand and respond to peer-on-peer abuse.

2.5 Adultification bias

Adultification bias is a form of racial prejudice where children/young people from diverse or minoritized communities are treated as more mature than they are by a reasonable social standard of development. An example of how this plays out is that a Black child has reported to be treated unfairly such as their true ages disbelieved when they told authority figures and facing consequences for misbehaviour while white young people would have their young ages considered.

See also:

‘Where are the Black girls in our CSA Services, Studies and Statistics?’ (Community Care)

Safeguarding Black girls from Child Sexual Abuse: Messages from Research (Children’s CC inform)

2.6 Contextual safeguarding against extra-familial harm

Contextual safeguarding is an approach to understanding and responding to young people’s experiences of significant harm beyond their families. It recognises that the different relationships that young people have in their neighbourhoods, schools and online can feature violence and abuse. Parents and carers have little influence over these contexts, and young people’s experiences of extra-familial abuse can undermine parent-child relationships.

Therefore, children’s social care practitioners, child protection systems and wider safeguarding partnerships need to engage with individuals and sectors who do have influence over/within extra-familial contexts, and recognise that assessment of, and intervention with, these spaces are a critical part of safeguarding practices. Contextual safeguarding therefore expands the objectives of child protection systems in recognition that young people are vulnerable to abuse beyond their front doors.

See also What is Contextual Safeguarding? (CS Network)

2.7 Intersectionality

The concept of intersectionality describes the ways in which systems of inequality based on gender, race, ethnicity, sexual orientation, gender identity, disability, class and other forms of discrimination “intersect” to create unique dynamics and effects.  For example, someone may experience racism, sexism and ageism collectively or individually at different times and in different environments.

Listen Up Research have produced an Intersectionality Graphic (opens as a pdf) to consider an example of intersectionality in more detail.

You can read more information here Intersectionality: Race, Gender and other aspects of Identity in Social Work with Young People (Community Care).

3. Principles

Under Section 17 of the Children Act 1989 young people under the age of 18 are deemed to be children and would be considered Children in Need if being exploited.

Children involved in any form of 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 exploitation.

Due to the nature of the psychological and coercive grooming methods used by their abusers, it is very common for children and young people who are exploited not to recognise that they are being abused. Practitioners should be aware that children may believe themselves to be acting voluntarily and will need practitioners to work with them so they can recognise that they are being exploited.

Preventing child abuse requires a collaborative response and is a shared responsibility. All children thought to be exploited will be the subject of a joint investigation and there is a need for effective joint working between all agencies and professionals.

The prevention of exploitation and intervention with children thought to be at risk of exploitation will be treated with equal importance.

As much as possible it is important that the child is involved in decisions that are made in respect of them.

4. Legal Position

Children under the age of 16 cannot lawfully consent to sexual activity.  Anyone engaging in sexual activity with a child under 16 is committing a criminal offence.  Specific serious offences, including rape, apply to anyone engaging in sexual activity with a child under the age of 13 as the child is presumed incapable of consent.

Sections 47 – 50 of the Sexual Offences Act 2003 make the following serious criminal offences:

  • paying for a sexual act involving a child (under 18);
  • causing or inciting sexual exploitation of a child;
  • facilitating, buying, possessing or exchanging abusive images of children;
  • trafficking a child into, out of or around the UK for the purpose of committing a sexual offence. These can even be from one street to the next;
  • meeting a child following grooming (making contact with the purpose of facilitating a meeting);
  • administering a substance in the knowledge that the victim does not consent with the intention of stupefying / overpowering so that sexual activity can take place;
  • kidnapping with the intention of committing a sexual offence.

In exceptional circumstances the use of criminal action can be considered for 16 and 17 year olds involved in sexual exploitation, under the Street Offences Act 1959.

By the nature of criminal exploitation children and young people will be committing criminal offences. In working with the child where criminal exploitation is identified work needs to take place to divert them from the criminal justice system, where appropriate use the National Referral Mechanism referral form under the modern slavery law to divert and protect them. See also Child victims of modern slavery and trafficking chapter.

5. Aims

To help the child understand the risks involved in certain activities.

To gather evidence and build a prosecution case against those involved in abusing the child.

To protect children from further abuse and support them to find ways out of exploitative situations and relationships.

6. What is the Risk?

The national picture on county lines continues to develop, but there are recorded cases of:

  • children as young as 12 years old being exploited or moved by gangs to courier drugs out of their local area. 15-16 years is the most common age range;
  • children of all genders are being exploited. It is important to note that the experience of girls who are criminally exploited can be very different to that of boys. The indicators may not be the same, however professionals should be aware that girls are at risk of criminal exploitation too. It is also important to note that both boys and girls being criminally exploited may be at higher risk of sexual exploitation. Children who identify as any other gender, including Trans, may be at additional risk of harm if they are not supported in their gender questioning;
  • white British children being targeted because gangs perceive they are more likely to evade police detection, but a person of any ethnicity or nationality may be exploited;
  • black and global majority children being targeted due to other social inequalities and also potentially being disproportionately profiled or engaged with by law enforcement;
  • the use of social media to make initial contact with children and young people;
  • Class A drug users being targeted so that gangs can take over their homes (known as ‘cuckooing’);
  • vulnerable young people, for example those with a learning disability or mental health needs, living alone, may be targeted;
  • children who are permanently excluded from education and / or who are waiting unacceptable lengths of time for an assessment related to Special Educational Needs or Disability (particularly ADHD and / or Autism) are often increasingly vulnerable.

County lines exploitation is widespread, with gangs from big cities including London, Liverpool and Manchester operating throughout England, Wales and Scotland. Gangs are known to target children and vulnerable adults; some of the factors that heighten a person’s vulnerability are summarised below:

  • having prior experience of neglect, physical and / or sexual abuse;
  • lack of a stable/safe home environment, now or in the past (domestic violence or parental substance misuse, mental health issues or criminality, for example);
  • social isolation or social difficulties;
  • economic vulnerability;
  • homelessness or insecure accommodation status;
  • connections with other people involved in OCGs / gangs;
  • having a physical or learning disability;
  • having mental health or substance misuse issues;
  • being in care (particularly those in residential care and those with interrupted care histories);
  • being excluded from mainstream education attending a Pupil Referral Unit (PRU) / Alternative Provision College (APC).

Practitioners should consider the risks to young people involved in OCGs / gangs from violence and weapons, drugs, and sexual exploitation. The model has adapted further as described in Section 2.3, County Lines.

Young people involved in OCGs / gangs are more likely to suffer harm themselves through retaliatory violence, displaced retaliation, territorial violence with other OCGs / gangs, or other harm suffered whilst committing a crime. Young people involved in OCGs / gangs are more likely to possess and use weapons, knives, and guns. Evidence shows that those carrying weapons are more likely to become victims of weapon attacks and the risk of being seriously injured increases in group situations. There is some evidence suggesting younger children carrying or using guns and girls and young women being used to carry guns on behalf of OCG / gang members.

OCGs / gangs use violence to assert their power and authority in a local area and may have to assert their power concerning other OCGs / gangs in the area. Therefore, so much OCG / gang-related crime and violence is perpetrated against other members of OCGs / gangs and their relatives and rarely against the police or other public sector employees. In some cases, violence may also be directed against, or required of, an OCGs / gangs’ own member as a part of belonging to that group.

Child criminal exploitation (CCE) is broader than just county lines and includes for instance, children forced to work on cannabis farms or to commit theft. See also Child victims of modern slavery and trafficking chapter.

Like other forms of abuse and exploitation, county lines exploitation:

  • can affect any child (regardless of gender) under the age of 18 years;
  • can still be exploitative even if the activity appears consensual;
  • can involve force and / or enticement-based methods of compliance and is often accompanied by violence or threats of violence;
  • can be perpetrated by individuals or groups, males or females, and young people in groups; and
  • is typified by some form of power imbalance in favour of those perpetrating the exploitation. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, cognitive ability, physical strength, status, and access to economic or other resources.

One of the key factors found in most cases of county lines exploitation is some form of exchange (for example carrying drugs in return for something). Where it is the victim who is offered, promised or given something they need or want, the exchange can include both tangible (such as money, drugs or clothes) and intangible rewards (such as status, protection or perceived friendship or affection). It is important to remember the unequal power dynamic within which this exchange occurs and to remember that the receipt of something by a child or vulnerable adult does not make them any less of a victim. It is also important to note that the prevention of something negative can also fulfil the requirement for exchange, for example, a child who engages in county lines activity to stop someone carrying out a threat to harm their family.

According to Female Voice in Violence, there has been an increase in female members in OCGs / gangs. There is often pressure for girls associated with young boys in OCGs / gangs to ‘link’ with OCG / gang members to attain status, for their own protection and perhaps to benefit from a criminal lifestyle. Some girls adopt an antagonist role within OCGs / gangs to maintain status by ‘linking’ with opposing gang members, or with more than one boy within their own group which can lead to conflict between gangs or inter-gang conflict.”

Safeguarding principles should be a priority for girls who are sexually exploited and abused, which can be a particular risk for girls associated with or targeted by OCG / gang member. It may also affect male OCG / gang members. The risk of sexual exploitation and abuse has been highlighted in some local areas and should always be considered as a risk when assessing individuals and when developing a local profile of OCGs / gangs. For example, rape by OCG / gang members, as a form of retaliation or as an act of violence, is said to occur quite frequently in some areas and reports to the police are rare due to fear of intimidation or reprisal. This may also be a risk for siblings and other family members of female OCG / gang members.

Some children and young people are at risk of exposure to or involvement with groups or individuals who condone violence to a political end. Children and young people vulnerable to exploitation may also be vulnerable to some form of radicalisation including far right and Islamist extremism. There is increasing evidence that individuals are adopting elements from a range of extremist ideologies with conspiracy theories and misogyny. This is often referred to as ‘incel’ which describes a growing online subculture of predominantly men or boys who define themselves as unable to get a romantic or sexual partner despite desiring one. Incel refers to ‘Involuntary celibate’. This ideology was growing in popularity prior the COVID-19 pandemic however there are very real fears that this has been exacerbated due to the increasing amount of time that already socially isolated individuals with little stake in society have spent online during lockdown restrictions etc.

See also Children and Young People Susceptible to Violent Extremism chapter. Violent extremist causes range from animal rights to far-right politics to international terrorism.

Research has shown that victims of crime can become offenders because of their adverse experience. Retaliation and the need for respect can be factors in the progression from victim to offender; carrying a weapon following an attack can help a young person rebuild respect and offer a feeling of personal protection.

Practitioners should bear in mind when assessing either victims or perpetrators of the crime of the potential for young people to become involved in OCGs / gangs and OCG / gang-related violence due to being a victim of crime.

Increasingly county lines exploitation is considered a form of modern slavery, see Child victims of modern slavery and trafficking chapter.

Sexual exploitation can take many forms from the seemingly ‘consensual’ relationship where sex is exchanged for attention, accommodation or gifts, to serious organised crime and child trafficking.

Sexual exploitation has strong links with other forms of ‘crime’, for example, domestic violence, online and offline grooming, the distribution of abusive images of children and child trafficking. Many adults involved in sex work describe difficult childhood experiences that include domestic violence, neglect, emotional abuse, disrupted schooling and low educational attainment.

The perpetrators of exploitation are often well organised and use sophisticated tactics. They are known to target areas where children and young people gather without much adult supervision, e.g. places with free internet access, train stations, parks, shopping centres or sites on the Internet.

Where a young person is identified as being exploited it should also be considered whether the young person is enslaved to the perpetrator.

Any form of exploitation results in children and young people suffering harm and causes significant damage to their physical and mental health. It can also have profound and damaging consequences for the child’s family. Parents and carers are often traumatised and under severe stress. Siblings can feel alienated, and their self-esteem affected. Family members can themselves suffer serious threats of abuse, intimidation and assault at the hands of perpetrators.

Children and young people are more vulnerable to abuse through exploitation if they have experience of:

  • childhood sexual abuse;
  • domestic abuse within the family;
  • family breakdown;
  • physical and emotional deprivation;
  • bullying in or out of school;
  • parents with high level of vulnerabilities (e.g., mental health issues, drug/alcohol misuse);
  • being looked after in residential care;
  • unsuitable / inappropriate accommodation / homelessness;
  • frequently going missing;
  • isolation from peers/social networks;
  • lack of positive relationship with protective/nurturing adult.

Exploitation of children includes a combination of:

  • pull factors: children performing tasks for others resulting in them gaining accommodation, food, gifts, status or a sense of safety, money or drugs; often the hook is through the perpetrator supplying Class B drugs such as cannabis to the child or young person;
  • push factors: children escaping from situations where their needs are neglected and there is exposure to unsafe individuals, where there is high family conflict or the absence of a primary attachment figure;
  • control: brain washing, violence and threats of violence by those exploiting the child particularly when the child or young person is identified by the police, they are expected to take full responsibility for the offences for which they are charged, for example possession and supply of illegal substances.

Most children or young people who enter exploitation do so willingly however, their involvement is indicative of coercion or desperation rather than choice. Many young people do not recognise that they are being exploited or that they are at risk. Most children who are vulnerable to criminal exploitation are male however; the possibilities of female involvement should not be dismissed. While the majority of those experiencing sexual exploration are female. Perpetrators can often be involved in both criminal and sexual exploitation.

There are particular risk factors and triggers that young people experience in their lives that can lead to them becoming involved in OCGs / gangs. Many of these risk factors are like involvement in other harmful activities such as youth offending or violent extremism. See What is Child Exploitation? Child Exploitation Disruption Toolkit (Home Office).

7. Risk Assessment outside the Family Home (extra-familial harm and contextual safeguarding)

Contextual safeguarding is an approach to understanding, and responding to, children’s experiences of significant harm beyond their families. It recognises that the different relationships that children form in their neighbourhoods, schools and online can feature violence and abuse.

These extra-familial threats might arise at school and other educational establishments, from within peer groups, or more widely from within the wider community and/or online. These threats can take a variety of different forms and children can be vulnerable to multiple threats, including: exploitation by criminal gangs and organised crime groups such as county lines; trafficking; online abuse; teenage relationship abuse; sexual exploitation and the influences of extremism leading to radicalisation. Extremist groups make use of the internet to radicalise and recruit and to promote extremist materials. Any potential harmful effects to individuals identified as vulnerable to extremist ideologies or being drawn into terrorism should also be considered.

Parents and carers have little influence over these contexts, and children’s experiences of extra-familial abuse can undermine parent-child relationships.

Therefore, children’s social care practitioners need to engage with and recognise individuals, spaces and sectors who do have influence over the child, within extra-familial contexts, and recognise that assessment of, and intervention with, these spaces are a critical part of safeguarding practices.

Contextual safeguarding, therefore, expands the objectives of child protection systems in recognition that children are vulnerable to abuse in a range of social contexts. See Contextual Safeguarding Network.

Working Together to Safeguard Children was updated in 2023 to reflect expectations of partnerships, particularly sections 194-199.

8. Recognition of the Signs

A child’s involvement in county lines activity often leaves signs. A person might exhibit some of these signs, either as a member or an associated of an OCG / gang dealing drugs. Any sudden changes in a person’s lifestyle should be discussed with them.

All agencies, parents and carers must be aware of the following indicative behaviours associated with a child who is experiencing exploitation; however, they are not conclusive signs in themselves:

  • physical symptoms (sexually transmitted infections, chronic fatigue, bruising suggesting assault, pregnancy and / or seeking a termination);
  • truanting from school / disengagement from education;
  • acquisition of money, possessions or accounts of social activity with no plausible explanation;
  • expressions of despair (self-harm, overdose, eating disorder, challenging and / or volatile behaviour, aggression);
  • drug and alcohol misuse;
  • reports from reliable sources that a child is being sexually exploited or frequenting known areas of concern;
  • relationship with a controlling adult / older ‘boyfriend’, who encourages emotional dependency and controls through violence or threats;
  • having contact with unknown adults outside the usual range of child’s social contacts;
  • getting into/out of vehicles driven by unknown adults;
  • an adult loitering outside home with the intention of meeting up with the child;
  • use of mobile phones / emails / internet that causes concern;
  • missing from home, or persistently leaving home or returning late without permission and no plausible explanation;
  • returning from being missing looking well-cared for despite having no known base;
  • contact with other young people known to be involved in sexual exploitation.

Some potential indicators of county lines involvement and exploitation are listed below, with those at the top of particular concern:

  • persistently going missing from school or home and/or being found out of the area;
  • unexplained acquisition of money, clothes or mobile phones;
  • excessive receipts of texts/phone calls and/or having multiple handsets;
  • relationships with controlling/older individuals or groups;
  • leaving home / care without explanation;
  • suspicion of physical assault / unexplained injuries;
  • parental / carer concerns;
  • carrying weapons;
  • a significant decline in school results/performance;
  • OCG / gang association or isolation from peers or social networks;
  • self-harm or significant changes in emotional wellbeing.

More information on the signs to look out for is available in Criminal Exploitation of Children and Vulnerable Adults: County Lines (Home Office).

This is not an exhaustive list and should be used as a guide, amended as appropriate considering local knowledge of the risk factors in a particular area.

9. Response

The Early Help Plan may be crucial in the early identification of children and young people who need additional support due to the risk of involvement in OCG / gang activity. Please refer to What to do if you are concerned, Criminal Exploitation of Children and Vulnerable Adults: County Lines (Home Office).

If you suspect that a child or young person is experiencing exploitation or they have made a disclosure to you, your organisation’s child protection procedures must be followed and you should make a referral to Children’s Social Care – see Making a Referral chapter.

A qualified and experienced social worker should lead the Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment). As always, evidence and information sharing across all relevant agencies will be key. It may be appropriate for the social worker to be embedded in or work closely with a team that has access to ‘real-time’ OCG / gang intelligence to undertake a reliable assessment. Careful involvement of parents or carers is required as they may be a useful source of information to assess the risk of harm but may condone their child’s involvement in OCGs / gangs.

Children’s Social Care should involve professionals with specialist experience in exploitation as part of the assessment of the child / young person and in the Strategy Discussion. Where there is a concern regarding a child or young person’s level of risk of involvement in exploitation, professionals should consider using the exploitation risk assessment framework to determine a level of intervention.

Practitioners should be aware that children who are Looked After by the Local Authority (children in care) can be particularly vulnerable to becoming involved in gangs. There may be a need to review their Care Plan considering this information and provide additional support.

Where there is a risk to a child’s life or the likelihood of Significant Harm, emergency action might be necessary to secure the immediate safety.

A Threat to Life Warning (previously known as Osman Warning) (a warning given following intelligence received about a threat to life) places a positive obligation on the authorities to take preventative measures to protect an individual whose life was at risk from the criminal acts of another individual. In the context of gangs, this may occur because of gang rivalry or because of an incident occurring within a child’s own gang (for example, threatening to leave or refusing to commit an act of violence). Any Osman Warning should result in an automatic referral to Children’s Social Care, the initiation of a Strategy Discussion and consideration of the need for immediate safeguarding action unless to do so would place the child at greater risk. In these cases, the decision not to refer should be actively reviewed to allow a referral to Children’s Social Care to be made at an appropriate stage.

Children who have parents (or other close associates / family members) who are involved in gangs / organised crime groups are also at risk. This brings in to play potential collateral risks to these children if the parent (associate / family members) are issued a Threat to Life notice.

Section 52 of the Modern Slavery Act 2015 places a statutory duty on designated First Responder Agencies such as local authorities to notify the Home Office (as Single Competent Authority) of all potential victims of modern slavery and human trafficking. For children, this means a referral to Children’s Social Care who will lead on safeguarding arrangements and submit an online report to the National Referral Mechanism referral form (NRM). For people over the age of 18, it requires the consent of the adult potential victim.

10. Intervention and Support

Support and interventions should be proportionate, rational and based on the child’s needs identified during assessment. These will range from family-based / multi-agency interventions, youth inclusion projects, peer mentoring to initiating Care Proceedings.

Practitioners should consider their own safety whilst working with children and visiting a household. It may be appropriate to interview the child and the parents in a neutral setting. Information sharing about high-risk families and individuals (such as those carrying lethal weapons) should be considered across all agencies that might have contact with the individuals concerned.

Children who have been sexually abused or exploited by OCG / gang members must have access to appropriate support and counselling, in an environment where they feel safe and secure. Whilst this is more common in girls and young women, children of any gender can be sexually abused or assaulted as a way of controlling them. This very often goes under-reported particularly in boys and young men.

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.

The particular circumstances of the child should be taken into account in developing the multi -agency response and the plan for services should be tailored to meet their specific needs, for example whether they are Looked After (in care) 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.

Support and interventions should be proportionate, rational and based on the child’s needs identified during assessment. These will range from family-based / multi-agency interventions, youth inclusion projects, peer mentoring to initiating Care Proceedings.

Practitioners should consider their own safety whilst working with young people and visiting a household. It may be appropriate to interview the child and the parents in a neutral setting. Information sharing about high-risk families and individuals (such as those carrying lethal weapons) should be considered across all agencies that might have contact with the individuals concerned.

Anyone aged 12 and over who has on at least two occasions in the past two years had a bladed article with them without good reason or lawful authority in England and Wales, on a school premises or on further education premises may be identified by the police for a Knife Crime Prevention Order (KCPO). The KCPO was introduced as part of the Offensive Weapons Act 2019 in a bid to tackle serious violent crime.

KCPO Practitioners Guidance (Home Office)

11. Begging

An adult begging for money may be accompanied by a child (who may or may not be her/his own) whose role is to invoke public sympathy. A child may also beg alone or appear to be so doing.

It is not the activity itself, but rather the consequent risks that determine if a child protection response is required. Considerations should include age of the child, degree of adult supervision, time of day etc.

Activities such as ‘penny for the guy’, ‘trick or treat’ or carol singing are not normally regarded as begging if arrangements are age appropriate and effectively supervised.

It is the responsibility of the police to:

  • deal with the offence of begging;
  • establish the identity and address of any involved child;
  • refer them to the Children’s Social Care for the area in which they live.

If there are immediate risks to the child, the referral must be made to the Children’s Services where they are found.

The normal procedures described in chapters on Making a Referral, Section 47 Enquiries, Guiding Principles apply. A multi-agency Strategy Discussion and Section 47 Enquiry should be initiated if information available indicates that the begging:

  • presents immediate risks to the child’s safety; or
  • indicates that the child is suffering or likely to suffer Significant Harm.

12. Identifying and Prosecuting Perpetrators

Identifying, disrupting and prosecuting perpetrators are key parts of work to safeguard and promote the welfare of children and young people from exploitation. There is considerable guidance around disruption of exploitative adults in the Child Exploitation Disruption Toolkit (Home Office).

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 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 child 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 Safeguarding Children as Victims and Witnesses (Crown Prosecution Service).

13. Child Sex Offender Disclosure Scheme

The Child Sex Offender Review (CSOR) Disclosure Scheme is designed to provide members of the public with a formal mechanism to ask for disclosure about people they are concerned about, who have unsupervised access to children and may therefore pose a risk. This scheme builds on existing, well established third-party disclosures that operate under the Multi-Agency Public Protection Arrangements (MAPPA).

Police will reveal details confidentially to the person most able to protect the child (usually parents, carers or guardians) if they think it is in the child’s interests.

The scheme has been operating in all 43 Police areas in England and Wales since 2010. The scheme is managed by the Police and information can only be accessed through direct application to them.

If the person is unwilling to sign the undertaking, the police must consider whether the disclosure should still take place.

If a disclosure is made, the information must be kept confidential and only used to keep the child in question safe. Legal action may be taken if confidentiality is breached. A disclosure is delivered in person (as opposed to in writing) with the following warning:

  • that the information must only be used for the purpose for which it has been shared i.e. in order to safeguard children;
  • the person to whom the disclosure is made will be asked to sign an undertaking that they agree that the information is confidential and they will not disclose this information further;
  • a warning should be given that legal proceedings could result if this confidentiality is breached. This should be explained to the person and they must sign the undertaking’ (Home Office, p16).

14. Further Reading

East Sussex Safeguarding Children Partnership – Child AA Learning Briefing (opens as a pdf)

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Last reviewed in February 2025.

Date of next review February 2027.

1. Definition

These procedures apply if a child in the following circumstances goes missing or cannot be traced:

  • a child who has a child protection referral or Section 47 Enquiry;
  • a child who has a Child Protection Plan who goes missing or is removed from their address outside the terms of the Child Protection Plan;
  • any child known to a statutory agency who goes missing in suspicious circumstances or about whom there are concerns – e.g. one who is subject to an Assessment where there are developing concerns about their safety.

These procedures also apply to adults whose whereabouts become unknown in the following circumstances:

  • an expectant person;
  •  when there are concerns about the welfare of the child following birth;
  • a family where there are concerns about the welfare of the child because of the presence of an individual who poses a risk to children or other person suspected of previously harming a child.

2. Recognition and Referral

Professionals in local agencies should be alert to the possibility that an expectant person / family missing appointments or repeatedly being unavailable for home visits may indicate that a child or unborn child is at risk of, or is experiencing, Significant Harm.

Professionals should take reasonable steps to reassure themselves as soon as possible that an expectant person/family is not missing or their whereabouts are unknown.

Professionals should involve all the agencies with current or recent contact with the expectant person / family to assess the child’s or unborn child’s vulnerability.

Professionals should consider questions such as:

  • Is the expectant person under 18, do they have a Child Protection Plan and/or a Looked After Child (child in care)?
  • Is there good reason to believe that the expectant person / family may be the victim of a crime?
  • Has there been a Pre-birth Conference for the child and is the unborn child subject to a pre-birth child protection assessment?
  • Are any of the children the subject of Child Protection Plans?
  • Is the family currently subject to a Section 47 Enquiry?
  • Is there a person present in the household or visiting the expectant person with previous convictions for an offence against children, or other people who pose a risk of harm to children?
  • Is it clear that the expectant person/family is missing / whereabouts unknown?

If the answer to any of the above questions is yes, or an agency reaches the judgement that a child or unborn child is at risk of Significant Harm in line with, a referral should be made to Children’s Social Care in line with the Making a Referral chapter and, in the case of missing person’s whose whereabouts are unknown, the Police Missing Person’s Unit.

If the expectant person is a child, then the Joint Policy for Children Missing should be followed.

3. Immediate Action

The Head of Children’s Safeguarding must be informed if a child subject of a Child Protection Plan or an unborn child subject of a pre-birth Child Protection Plan goes missing.

Children’s Social Care, the Safeguarding Investigations Unit and Police MASH and Missing Person’s Unit and Health should exchange information and work together.

Children’s Social Care must complete the assessment of risk to the child / unborn child, and of their needs. The assessment will require Children’s Social Care to engage with all the agencies that have current or recent involvement with the child or expectant person / family. Existing records in these agencies must be checked to obtain any information which may help to trace the expectant person / family (e.g. details of friends and relatives), and this information should be passed to the police officer undertaking enquiries to trace the expectant person.

Children’s Social Care should consider whether to notify members of the missing expectant person / family’s extended family and if so, how.

4. Strategy Discussion

If, following the previous steps, the expectant person / family has not been traced, a Strategy Discussion should be convened at the earliest opportunity, within a maximum of three working days.

The Strategy Discussion should consider whether the details of the expectant person / family should be circulated to other local authorities and local Safeguarding Partnership Boards.

The Strategy Discussion should also consider whether other agencies could be notified (e.g. designated nurses in Integrated Care Boards) can be notified in writing, and they may circulate details to neighbouring maternity units and health visiting teams).

5. When the Expectant Person / Family is Found

When an expectant person / family is found, the Police must be informed so that they can cancel the missing person report.

When an expectant person / family is found, there should, if practicable, be a Strategy Discussion between previously involved agencies within one working day, to consider:

  • immediate safety issues;
  • whether to instigate a Section 47 Enquiry and any police investigation;
  • who will interview the expectant person / family;
  • who needs to be informed of the expectant person / family being found (locally and nationally).

Any expectant child who is found following a missing episode should, regardless of whether they are believed to have suffered Significant Harm, be interviewed by a social worker, alternative trusted professional, and / or the Police. This interview should provide a safe opportunity for the child to discuss any concerns regarding their care, including if they chose to run away from an abusive situation.

If the expectant child indicates a wish to be interviewed by an alternative professional, all reasonable efforts must be made to accommodate the child’s wishes.

If the expectant child has been found in a different local authority area and is not likely to return, representatives of the ‘receiving’ local authority must be involved in the Strategy Discussion and the transfer of responsibility for and / or services to the child and family must be discussed.

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Last review in February 2025.

Next review February 2027.

RELATED GUIDANCE

Statutory Guidance on Children who Run Away or go Missing from Home or Care (Department for Education) 

LOCAL GUIDANCE

Brighton and Hove 

Please scroll down to ‘Working with Adolescents’ and ‘Missing’

Toolbox for Social Workers – New (sharepoint.com)

West Sussex

Practice Guidance – Missing (opens as a pdf)

Timeline guide for when young people go missing (opens as a pdf)

East Sussex

Local arrangements for children missing in East Sussex (opens as a pdf)

1. Introduction

Children who are missing are at risk. The reasons for their absence are varied and complex and cannot be viewed in isolation from their home circumstances.
Professionals must collaborate to ensure a consistent and coherent response is given to the child on their return and that parents and carers are supported appropriately.

2. Definitions

  • Missing child: a child reported as missing to the Police by their family or carers.
  • Looked after child (child in care): a child who is looked after by a Local Authority because of a care order, or being accommodated under Section 20 of the Children Act 1989.
  • Responsible Local Authority: the Local Authority that is responsible for a looked after child’s care and care planning.
  • Host Local Authority: the Local Authority in which a looked after child is placed when placed out of the responsible Local Authority’s area.
  • Care leaver: an eligible, relevant or former relevant child as defined by the Children Act 1989.
  • Missing from Care: a looked after child who is not at their placement, or the place they are expected to be (e.g. school) and their whereabouts is not known.
  • Away from placement without authorisation: a looked after child whose whereabouts is known but who is not at their placement or place they are expected to be, and the carer has concerns, or the incident has been notified to the Local Authority or the Police.

The College of Policing Approved Professional Practice (APP) defines missing as: Anyone whose whereabouts cannot be established and where the circumstances are out of character or the context suggests the person may be subject of crime or at risk of harm to themselves or another.

2.1 Risk classifications employed by the Police in missing person investigations

Anyone whose whereabouts cannot be established will be considered missing until located, and their well-being or otherwise confirmed.

The Police use three ‘risk-based’ categories of missing:

  1. Low risk – The risk of harm to the subject or the public is assessed as possible but minimal.
  2. Medium risk – The risk of harm to the subject or the public is assessed as likely but not serious.
  3. High risk – The risk of serious harm to the subject or the public is assessed as very likely.

(Risk of serious harm has been defined as: A risk which is life threatening and / or traumatic and from which recovery, whether physical or psychological, can be expected to be difficult or impossible.)

3. Scope

3.1 Children who go missing from home

Children within this group are composed of:

  • those who are ‘not known’ in the sense that although they will be known to a universal service such as school or a GP there has not been previous contact with a targeted service;
  • children who are receiving additional support from a targeted service because they are assessed to be a Child in Need. Having been missing in the past may be one factor which results in them becoming a Child in Need;
  • children who are on a Child Protection Plan either due to their increased vulnerability because they have been missing in the past or because there are other concerns relating to child protection.

3.2 Children who become lost

Children who, because of their age or learning difficulties/disabilities, become separated from their carers, become temporarily disorientated and become missing as a result and would wish to be found.

Children who make telephone contact and agree a time to return, but subsequently fail to do could also fall within this definition.

3.3 Children Remanded to Local Authority Accommodation

A small number of young people enter Care after being remanded to local authority accommodation (RLAA) by a Youth Court. A child who absconds from local authority accommodation when RLAA is unlawfully at large and has escaped from custody in legal terms. If a child who has been RLAA goes missing from a children’s home or a foster placement, then procedures relating to escape from custody should be followed. The investigating officer will need to liaise with an appropriate officer in the areas’ Youth Offending Team.

3.4 Children Placed in Secure Accommodation on Welfare Grounds

If a child absconds from secure accommodation, the usual missing person procedures would apply. When a child has a Secure Accommodation Order absconds, this is considered a ‘significant event’ that should be reported to Ofsted.

3.5 Absent from Education

Children who are absent from education may also be missing from home. See more Safeguarding Children who are Absent from Education chapter.

3.6 Missing from Local Authority care

Children’s Social Care are responsible for children in their care at all times, and this responsibility remains after they have reported a child missing to the police. This may be from any accommodation provided by the Local Authority including those placed out of county.

4. Vulnerabilities and Risks when Children are Missing

4.1 Looked After Children (children in care)

Looked after children are particularly vulnerable when they go missing.  Local Authorities have a duty to place a looked after child in the most appropriate placement to safeguard the child and minimise the risk of the child running away. The Care Plan and the Placement Plan should include details of the arrangements that will need to be in place to keep the child safe and minimise the risk of the child going missing from their placement or home. The Care Plan and the Placement Plan must be clear on who will be responsible for completing Return Home Interviews with the child when they are found.

4.2 Exploitation

Going missing is a significant risk factor in relation to exploitation:

  • a child may go missing because they are being exploited;
  • a child’s risk of being exploited might increase because they are missing and spend time with people who may seek to involve them in exploitation. The risk is heightened whilst missing because the protective factors of family or Care are not available to them.

Because there is such a strong link between children going missing and risk of exploitation, professionals should always assess whether a child who has gone missing is being exploited or at risk of being exploited.

4.3 Being drawn into offending behaviour

Children who go missing from Care, Home and Education also need safeguarding against the risk of being drawn into offending behaviour by gangs or organised crime groups.

4.4 Trafficking

Some of the children who Local Authorities look after may be unaccompanied asylum-seeking children or other migrant children. Some children in this group may have been trafficked into the UK and may remain under the influence of their traffickers even while they are looked after. Trafficked children are at high risk of going missing.  Unaccompanied migrant or asylum-seeking children, who go missing immediately after becoming looked after, should be treated as children who may be victims of trafficking. Children, who have been trafficked, may be exploited – see Criminal and sexual exploitation including serious organised crime and gangs chapter.

4.5 Radicalisation

Going missing is a risk factor in relation to radicalisation:

  • a child may go missing because they have already been radicalised;
  • a child’s risk of being radicalised might increase because they are missing and spend time with people who may seek to involve them in radical/extreme activities. The risk is heightened whilst missing because the protective factors of family or care are not available to them.

Professionals should always assess whether a child who has gone missing is at risk of radicalisation Children and Young People Susceptible to Violent Extremism chapter.

5. Recording

A full record of all actions taken and messages received and given must be kept by all agencies.

6. Risk Assessment – Planning before the Event

As far as possible, there should be an assessment or safety plan in advance of any child who is judged to be likely to go missing.

In these circumstances, there will be a safety planning meeting. Children’s Services staff and Police will discuss associated risks of the child going missing. This discussion should be recorded in writing using the appropriate risk assessment tool.

In assessing the significance of a child’s absence either before the event or once it has happened, the following should be borne in mind:

  • the age and level of understanding of the child;
  • the legal status of the child;
  • previous behaviour patterns;
  • the emotional needs of the child, e.g. whether there has been any variation in their mood or whether they have expressed any intention to harm themselves or others;
  • behaviour of the child as influenced by peer groups or others;
  • whether the child is perceived as running to someone/something or running from a situation / someone;
  • the risk of offending;
  • the risk of the child being targeted for exploitation;
  • the legal implications of the child breaking any court order by absconding;
  • the child’s view.

If appropriate, the child should have this policy explained to them to understand what actions will be taken if they go missing.

Once a child has gone missing, both Children’s Services and Police staff should avoid dismissing the potential significance of repeated periods of missing. Often such children are immediately labelled as ‘the problem’, and insufficient consideration is given to why they are persistently absconding. This needs to be explored, particularly at the Prevention Interview, conducted by Police and Return Home Interview conducted by Children Services.

7. Planning before the Event – for Children in Care

In addition to the planning processes above, where there is a likelihood that a child in Care may go missing from their established placement the social care pre-incident assessment should be used to assess the likelihood that the child might go missing and the risk they may face as a consequence. Children’s home and fostering service staff should contribute to this assessment. All information should be included in the placement plan and the child’s care plan.

For children placed outside of the Local Authority area liaison must happen with the Local Authority where the child is placed. This should include copies of the risk management plan and details of how any Return Home Interview are to be conducted.

This assessment should include information on the following:

  • the likelihood of the child going missing;
  • the child’s view;
  • the level of supervision /support that care staff propose to provide for the child;
  • the views of Social Care staff / foster carers on their child needs and the action that needs to  be taken if the child is missing;
  • the risk of harm to the child and their vulnerability if they are missing;
  • consideration of any external influences which may result in a child’s removal without consent;
  • the likelihood of the child being harboured.

Once again, the child should have this policy explained to them and the potential dangers that they may encounter so that they understand the implications of running away.

8. Response

The responsibility for responding to reports of children who go missing and undertaking enquires to locate them and ensure their return to a safe caring environment lies with the police.

When a child goes missing, parents, foster carers, residential homes and those with Parental Responsibility are expected to undertake measures to locate the missing child if safe to do so. Anyone else who has care of a child, including school, should also take reasonable steps to locate the child and ascertain their safety.

The Police should be informed without delay when a child goes missing. Before a child is reported missing the following actions should be undertaken:

  • search bedroom / accommodation / outbuildings / vehicles;
  • contact known friends and relatives where child may be;
  • visit locations that the child is known to frequent, if it is possible.

If it comes to the attention of any agency that a child is missing, they must advise the parent/carer of their need to report this matter to the Police. They also need to inform the parent / carer of the agency’s duty to ensure that the matter is reported to the Police and if necessary follow this up by contacting the Police to verify that the child has been reported missing.

Professionals should always consider the potential safeguarding issues surrounding children who may either have been lost or missing, and whether these indicate a child has or is suffering abuse or neglect.  Where appropriate, a referral should be made to children’s social care.

The consent of the person with Parental Responsibility will be sought for a photograph to be used in any subsequent missing person investigation.

The reporting of the child should include the details of the child as follows:

  • the child’s name/s; date of birth; status; responsible Authority;
  • where, when and who missing with;
  • what was the child wearing plus any belongings such as bags, phone etc;
  • description and recent photo;
  • medical history, if relevant;
  • time and location last seen;
  • circumstances or events around going missing;
  • details of family, friends and associates;
  • updated risk assessment.

If there is any suspicion that the child may be removed from UK jurisdiction, appropriate legal interventions should be considered, and Legal Services consulted about options, the Police should also be informed. It may also be appropriate to contact the Consular Directorate at the Foreign and Commonwealth Office, which may follow up a case through their consular post in the country or countries concerned.

The Police are responsible for advising the media regarding children missing from Local Authority care. However, decisions to publicise will always be made in consultation with Children’s Social Care who will consult the parents and / or foster carers.

If the child has a Child Protection Plan, the Lead Social Worker should regularly consult the Child Protection Conference Chair, and if the child is not found within 20 working days, the Child Protection Review Conference must be brought forward to consider whether any other action should be taken.

A Strategy Discussion must be called, to which the Police and partners agencies are invited, at the earliest opportunity if there are concerns a child is at risk of significant harm.

9. Response when a Child is Missing from Care

Children’s Social Care are responsible for children in their care at all times, and this responsibility remains after they have reported a child missing to the police.

Please see Section 11, Information to be made available.

Where a child / young person in Care has been missing for more than 24 hours, a Strategy Discussion must be called to which the Police are invited. This should occur within 72 hours for low and medium risk cases and within 24 hours for high-risk cases. A judgement needs to be made regarding the timing concerning attendance by key professionals.

If the circumstances relating to a child / young person are particularly concerning an immediate Strategy Discussion should be convened. If the child / young person is found before the Strategy Discussion occurs, consideration must be given to the Strategy Discussion going ahead to consider the circumstances relating to the child / young person’s missing episode.

The Strategy Discussion needs to consider the following:

  • information relating to potential risk / harm;
  • at what stage publicity will be sought (this needs to be agreed by Head of Service);
  • information relating to possible locations;
  • what contact has there been with child / young person;
  • a clear strategy for finding the child / young person;
  • any additional specific information which should be passed.

The detailed police response to children who go missing is contained in the relevant Force policy and national guidance and is not repeated in this policy.

10. Children in Care who go Missing during External Activity of a Residential Home

If a child becomes absent outside their area, the carer in charge of the external activity or holiday will:

  • arrange a search in the area where the child became absent;
  • notify the local Police for that area;
  • notify the child’s parents or guardian (the decision of when to inform parents/those with Parental Responsibility must be made in consultation with a team manager);
  • notify the child’s social worker or the accountable team manager;
  • notify a senior manager at the home if relevant;
  • notify the Youth Justice Service if the child or young person is on remand;
  • notify the emergency duty team if out of hours.

11. Information to be Made Available

The following procedure should be carried out when reporting a missing child.

Before contacting Sussex Police consider:

  • What is the specific concern regarding the circumstances? I.e. are there specific risk factors associated with the child?
  • What action can be taken to resolve the situation prior to contacting the Police?
  • Is there a means of contacting the child (e.g. phone) – and has this been attempted?
  • Is the child suspected to be at a known location? Can this be verified by phoning or visiting the location?
  • If appropriate has the child’s social worker, key worker or EDT been contacted for assistance with the situation.
  • Has all relevant information been gathered to provide to the Police if necessary? Prior to contacting the Police, the following information should be collected in order to assist with:
    • places the child is known to frequent;
    • people the child is likely to be in company with;
    • current description: clothing worn, hair colour and style etc;
    • access to travel: student rail card, oyster card, bus pass etc;
    • whether the child has access to money;
    • details of the child’s care plan relevant to the circumstances;
    • details of social worker or other significant key workers;
    • knowledge of any previous missing incidents.

If unable to resolve, or there is an identified risk, a report should be made to either the Police via 101 or if there is an immediate risk to life or serious harm call 999.

The Police contact officer will then take the details of the missing child and complete a risk assessment. The outcome of the risk assessment will determine the Police response.

If the missing child is deemed as High, medium or low risk the Police will attend, take further details and commence search activity. In the event the child is located and returned a Prevention Interview will be completed by the Police.

12. Police Powers

Where there is reasonable cause to believe that the child is at risk of Significant Harm the Police can take the child into Police Protection under the Children Act 1989, and placed in suitable accommodation which could include the home from which the child originally went missing. Police have a power under S46 Children’s Act to use reasonable force in appropriate circumstance to take a child into police protection or to keep them there.

There will be occasions when a child is found in a location that may be considered unsuitable, but where there would not be legal grounds for taking them into Police Protection. In such cases, Police and the accountable manager from Children’s social work will need to liaise to discuss who to best safeguard the child’s welfare.  This should involve consideration of possible offences being committed under the Child Abduction Act 1984.

Any child unlawfully at large from a secure unit or penal establishment may be liable to arrest and returned by Police.

13. Children who go Missing Abroad

Any reports of missing children overseas will, in the first instance, be investigated by the relevant agency within the country where they went missing.

If the matter is reported to an agency within Sussex, as with any other missing child the Police should be informed. The Police may decide to commence their own enquiries and / or investigation.

Should it be necessary for the UK investigators to liaise directly with their overseas counterparts, or if there is a need to visit the country conducting the enquiries is identified, the first approach should be made through the Interpol Bureau in Manchester. Interpol will then advise on the most appropriate approach to be made and through which channels.

Further guidance for the Police on this issue in contained within Force policy.

14. Longer Absences

A further Strategy Discussion should be convened if a child is missing for a longer period, and at least 72 hours.

The Head of Safeguarding and the Director of Children’s Services in the area should be notified.

This meeting will review the action taken up to this point, and satisfy themselves that all possible steps are being taken to locate and return the child.

15. The Return

The child should be given the opportunity to talk to someone independent of their family or of their placement about their absence. In some instances, this person could be a police officer (Prevention Interview). It may be however that the child would prefer to speak to a social worker or to an independent agency (Return Interview).

When a child has been missing on more than one occasion, a Return Interview should always be conducted separately from the child’s parents/carers.

An exception to this would be a child placed in an East Sussex County Council residential placement where the child has made a proactive choice to have their Return Home Interview completed by a residential keyworker as their trusted adult.

Return Home interviews are a key way to find out the risks children and young people have been exposed to when missing and listen to their concerns and demonstrate concern for their welfare. If the young person can engage with this, it may help prevent such situations arising in the future and may focus on the help the young person needs.

If there are concerns that the child ran away due to circumstances relating to their family or their placement, this interview would need to take place before the child’s return. Otherwise, this should take place within 72 hours of their return from absence.

All completed Return Home Interviews should be shared with the police to inform their response to any future missing episodes. This is particularly important when there are concerns regarding exploitation.

Where an allegation of significant harm is made or becomes evident, child protection procedures must be implemented.

If there is any suggestion that the child has been a victim or perpetrator of crime, consideration must be given to the securing evidence by Police including by forensic examination.

Carers, Police, social workers and any other persons informed of the child’s absence, should be advised of the child’s return without delay.

For a looked after child (child in care), the social worker and line manager should decide in consultation with residential staff/foster carer, the Independent Reviewing Officer and the child, whether they should convene a statutory Looked After Review of the child’s Care Plan.

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This policy was last reviewed in January 2025.

Date of next review January 2027.

For additional guidance, please see Safeguarding Disabled Children: Practice Guidance (Department for Education)

For information on Reducing the Need for Restraint and Restrictive Intervention (gov.uk)

1. Introduction

Safeguarding disabled children’s welfare is everybody’s responsibility, and given that we know that disabled children are more vulnerable to abuse than non-disabled children, awareness amongst professionals about safeguarding disabled children and what constitutes best practice, is essential.

It is a fundamental principle that disabled children have the same right as non-disabled children to be protected from harm and abuse. In order to ensure that the welfare of disabled children is safeguarded and promoted, it needs to be recognised that additional action is required. This is because disabled children have additional needs related to physical, sensory, cognitive and/or communication requirements and many of the problems they face are caused by negative attitudes, prejudice and unequal access to things necessary for a good quality of life.

Due to societal, medical and family impact children and young people with a disability are at risk of having poorer outcomes across a range of indicators including low educational attainment, poorer access to health services, poorer health outcomes and more difficult transitions to adulthood. Due to the additional stressors upon families’ children with a disability, evidence suggests are more likely to suffer family break up and are significantly over-represented in the populations of children looked after and young offenders.

Where disabled children are looked after they are more likely to be placed in residential care rather than family settings. This outcome increases their vulnerability to abuse due to having multiple caregivers, lacking consistency in carers who may be carrying out personal care. There is a greater to children coming into non-family settings from a younger age compared to their non-disabled looked after peers. See Section 2, Recognition for more details relating to the risk factors.

Families with disabled children are more likely to experience poverty and children with special educational needs are more likely to be excluded from school (70% of all permanent exclusions are of pupils with Education Health and Care Plans).

Research evidence suggests that disabled children are at increased risk of abuse and neglect, and the presence of multiple disabilities appears to increase the risk of both abuse and neglect, yet they are underrepresented in safeguarding systems. They are often found to be less likely to be consulted in routine assessments. Disabled children can be abused and neglected in ways that other children cannot and the early indicators suggestive of abuse and neglect can be more complicated for disabled children.

Whilst the practice guidance does not identify specific groups of disabled children, particular reference is made to children with speech, language and communication needs. This includes those who use alternative means of communication as well a wider group of children who have difficulties communicating with others. It is important to establish a young persons and families preferred communication terminology for example whether a young person and family prefer to use non-speaking or non-verbal.

The guidance emphasises the critical importance of communication with disabled children, including recognising that all children communicate preferences if asked in the right way by those who understand their needs and have the skills to listen to them. Where possible and appropriate, speaking with family members or professionals who know the communication needs of the young person will assist in the collection on the young person’s views. It is important to recognise that young people’s communication skills and approach will vary according to their own developmental needs and style.

Examples of alternative communication include:

  • sign Language (British sign and or Makaton);
  • augmented alternative communication – refers to the use of objects, symbols, charts, photographs, signing and electronic aids to help a child communicate;
  • Picture Exchange Communication System;
  • eye gaze.

Behaviour is a form of communication, for a young person who is non-speaking or non-verbal, observation of their behaviours in different settings may be essential in recording their experience and views.

Various definitions of disability are used across agencies and professionals. Whatever definition of ‘disabled’ is used, the key issue is not what the definition is but the impact of abuse or neglect on a child’s health and development, and consideration of how best to safeguard and promote the child’s welfare.

2. Recognition

Children and young people with disabilities should be seen as children first. Having a disability should not and must not mask or deter an appropriate enquiry where there are child protection concerns. (Safeguarding Disabled Children Practice Guidance and Working Together to Safeguard Children, DfE).

A child with a disability, if abused, suffers the same consequences as any other. There are many reasons why children with a disability may be more vulnerable to abuse and require additional vigilance.

All practitioners and agencies working with disabled children should have regard to Safeguarding Disabled Children: Practice Guidance (DfE).

Disabled children may be especially vulnerable because of a number of risk factors:

  • multiple care arrangements and a lack of continuity in care, leading to an increased risk that behavioural changes may go unnoticed;
  • many disabled children are at an increased likelihood of being socially isolated with fewer outside contacts than children without a disability, carers may work with disabled children in isolation;
  • their physical dependency on parents and carers for practical assistance in daily living, including intimate personal care with consequent reduction in ability to be able to stop abuse, increases their risk of exposure to abusive behaviour;
  • they have an impaired capacity to resist or avoid abuse;
  • they may have speech, language and communication needs which may make it difficult to tell others what is happening. Some disabled children are unable to understand keeping safe strategies;
  • they often do not always have access to someone they can trust to disclose that they have been abused; and/or
  • they are especially vulnerable to bullying, intimidation and exploitation;
  • parents’ / carers’ own needs and ways of coping may conflict with the needs of the child;
  • parents / carers’ needs dominating professional intervention leading to the needs of a child with a disability becoming overlooked;
  • parents, carers and / or professionals may be fearful or reluctant to highlight safeguarding concerns due to concerns this may impact on any short break respite or formal funded arrangements.

The level of risk may be raised by:

  • a lack of continuity in care, leading to an increased risk that behavioural changes may go unnoticed;
  • where a child is unable to tell someone of their abuse, they may convey anxiety or distress in some other way, e.g. behaviour or symptoms and carers and staff must be alert to this. But these may be considered a consequence of their disability rather than as a symptom of abuse or neglect;
  • carers may work with the child in isolation; children with a disability are at an increased likelihood of being socially isolated with fewer outside contacts than children without a disability;
  • physical dependency including intimate personal care with consequent reduction in ability to be able to stop abuse;
  • lack of access to ‘keep safe’ strategies available to others; They often do not have access to someone they can trust to disclose that they have been abused;
  • children with a disability may have speech, language and/or communication needs which may make it difficult to tell others what is happening;
  • parents’ / carers’ own needs and ways of coping may conflict with the needs of the child;
  • parents / carers’ needs dominating professional intervention leading to the needs of a child with a disability becoming overlooked
  • fear of complaining in case services are withdrawn.
  • some sex offenders may target children with disabilities in the belief that they are less likely to be detected.

Looked after children with a disability are not only vulnerable to the same factors that exist for all children living away from home but are particularly susceptible to possible abuse because of their additional dependency on residential and hospital staff for day to day physical care needs. Looked after children  with a disability are often placed far away from their parents and carers and people who know them well.

In addition to the universal indicators of abuse / neglect listed in the Recognition of Abuse and Neglect chapter, the following abusive behaviours must be considered:

  • force-feeding;
  • unjustified or excessive physical restraint – see Restrictive Physical Intervention chapter;
  • rough handling;
  • extreme behaviour modification including the deprivation of fluid, medication, food or clothing;
  • misuse of medication, sedation, heavy tranquillisation;
  • invasive procedures against the child’s will;
  • deliberate failure to follow medically recommended regimes;
  • misapplication of programmes or regimes;
  • ill-fitting equipment e.g. callipers, sleep board which may cause injury or pain, inappropriate splinting;
  • removing or lack of maintenance of communication aid;
  • not getting enough help with feeding leading to malnourishment;
  • poor toileting arrangements;
  • lack of stimulation;
  • unwillingness to try to learn a child’s means of communication;
  • misappropriation / misuse of a child’s finances;
  • not allowing a child to develop and have social and educational opportunities;
  • undignified age or culturally inappropriate intimate care practices;
  • parents may fabricate and induce illness in their disabled children see Fabricated or induced illness (FII) and Perplexing Presentations (including FII by carers);
  • a bruise in a site that might not be of concern on an ambulant child, such the shin, might be a concern on a non-mobile child.

Some disabled children live, or receive short breaks away from home and this is recognised as likely to increase their vulnerability.

Where a child is unable to tell someone of the abuse, they may convey anxiety or distress in some other way, e.g. behaviour or symptoms and carers and staff must be alert to this.- as above.

Consideration should always be given to unexplained injuries to young children – see Unexplained Injuries to Young Children chapter, which includes guidance on bruising / injuries in children who are not independently mobile (NIM).

3. Response

Disabled children must be responded to as individuals with their own specific needs, feelings, thoughts and opinions. Disabled children are subject to the same procedures for initiating a strategy discussion, as non-disabled children. Where there are concerns about a child with disabilities a referral should be made in accordance with the Making a Referral chapter.

The procedures in the Child Protection Process, Response to Referrals section, apply equally to children with a disability, as well as the guidance contained in Information Sharing and Confidentiality section.

The Local Authority should ensure that those receiving initial contact queries concerning children with a disability are aware of safeguarding issues for these children. It is a statutory responsibility for local authority Children’s Social Care to have lead responsibility for assessing a child’s welfare and undertaking section 47 enquiries. It is the responsibility of all other agencies involved to be aware of what constitutes a safeguarding concern and to know to whom, when and how to report such concerns. Whilst section 47 enquiries are being carried out, the first responsibility, as with any investigation into allegations of abuse and / or neglect is to ensure that the child is safe.

As part of the response, the Local Authority has a duty to meet the needs of parents and carers of children with a disability (under the Carers and Disabled Children Act 2000), and this should be included as part of an assessment of the child. If a local authority considers that a parent carer of a child may themselves have support needs, it must carry also carry out an assessment, if the parent / carer requests one. Such an assessment must consider whether it is appropriate for the parent carer to provide, or continue to provide, care for the child, in light of the parent carer’s needs and wishes – Working Together to Safeguard Children.

When undertaking investigations / assessments into allegations of abuse concerning children with a disability, practitioners need to take into account the following considerations:

  • ensure throughout the process of referral and allocation clear channels of communication are established within all agencies involved with the child. Children with a disability are very likely to be in contact with many different agencies and are more likely to be involved with health workers and a range of therapists. Particular attention needs to be paid to information sharing around a children’s needs, their method of communication, consideration of their vulnerability and concerns about their safety and welfare (see also Use of Interpreters, Signers or Others with Communication Skills chapter);
  • where there are abuse allegations relating to a child with a disability, the safeguarding needs of any siblings living in the family home also need to be considered;
  • where there are allegations of abuse and a child with a disability is the alleged perpetrator, investigations need to be handled with particular sensitivity. A duty of care should be shown to both the victim and the alleged perpetrator;
  • the collating of medical information concerning the health needs of the child is important as it may have a bearing on the outcome of any enquiry / investigation;
  • where there is a need for a medical examination, consideration needs to be given to the most appropriate medical professional who should undertake the examination, the venue, timing and the child’s ability to understand the purpose of the medical procedure;

As with all section 47 enquiries, the need for accurate, detailed, contemporaneous recording of information is essential.

When responding to concerns about the welfare of disabled children, it is important that there is liaison and a close working relationship between staff working in the duty assessment teams and those in the disabled children’s service.

Any assessments undertaken should ensure that the child remains the focus of these, be them initial or ongoing. Professionals should never assume that a child with a disability is unable to share their views and participate in an assessment process, including child protection and the criminal justice system.  Agencies must consider using appropriate communication methods throughout the assessment process including when a child with a disability requires support to give credible evidence within the assessment and court processes (see also Working with Interpreters, Signers or Others with Communication Skills chapter).

Each child should be assessed carefully, and helped and supported to participate in the criminal justice process when this is in their best interest and the interests of justice.

In criminal proceedings witnesses aged under 17 are automatically eligible for assistance with giving their evidence. Special measures may include screens around the witness box so they do not see the defendant; video recorded evidence in chief and live video links so they may not have to go into the courtroom at all, and intermediaries and aids to communication to facilitate good communication. Achieving Best Evidence in Criminal Proceedings (Ministry of Justice) – includes comprehensive guidance on planning and conducting interviews with children and a specific section about interviewing disabled children.

Throughout all discussions (including strategy discussions, section 47 enquiries / assessments, the initial child protection conference and any subsequent child protection review conferences), all service providers must ensure that they communicate clearly with the child and family, and with one another, as there is likely to be a greater number of professionals involved with a child with a disability. Following any section 47 enquiries, the need for the child and their family to be provided with ongoing support should be recognised.

When undertaking investigations / assessments into allegations of abuse concerning children with a disability, practitioners also need to take into account the following considerations:

  • making it common practice to help disabled children make their wishes and feelings known in respect of their care and treatment;
  • ensuring that disabled children receive appropriate personal, health, and social education (including sex education);
  • where the parents of a disabled child have a disability themselves, arrangements also need to be put in place to accommodate their needs throughout the investigation / assessment process
  • making sure that all disabled children know how to raise concerns, and giving them access to a range of adults with whom they can communicate. Those disabled children with communication impairments should have available to them at all times a means of being heard;
  • an explicit commitment to, and understanding of disabled children’s safety and welfare among providers of services used by disabled children and a culture of openness to ensure that concerns are properly followed up;
  • close contact with families, and a culture of openness on the part of services;
  • guidelines and training for staff on good practice in intimate care; working with children of the opposite sex; handling difficult behaviour; consent to treatment; anti-bullying strategies; and sexuality and sexual behaviour among young people, especially those living away from home;
  • the LADO must be involved when an allegation is made about a professional;
  • guidelines and training for staff working with disabled children aged 16 and over to ensure that decisions about disabled children who lack capacity will be governed by the Mental Health Capacity Act 2005 once they reach the age of 16;
  • the number of carers involved with the child should be established as well as where the care is provided and when. A disabled child’s network of carers could include short break foster carers, volunteer befrienders, sitters, personal assistants, community support workers, residential care staff, independent visitors and learning support assistants.
  • children who receive overnight short breaks and residential school for a continuous period of more than 24 hours, that is pre planned and in the same place where no break lasts more than 17 days and the total does not exceed 75 days in one year. An IRO will be appointed and should have their care plan reviewed by an Independent Reviewing Officer (IRO).
  • where a child or young person is in receipt of less than the above they will be held under Child in Need Section 17 and supported by an allocated Social Work Team.

The needs of disabled people who have been abused as children, to be able to access therapeutic services should also be given consideration.

4. Assessment

Assessment should be undertaken by professionals who are both experienced and competent in child protection work, with additional input from those professionals who have knowledge and expertise of working with disabled children.

A good question when assessing a disabled child is: Would I consider that option if the child were not disabled?

Extra resources may be necessary especially where the child has speech, language and communication needs. For example it may be necessary to obtain an assessment from a teacher and speech and language specialist as to the best way of working with the child.

The child’s preferred method of communication must be given the utmost priority.

The following questions should be asked when a referral is received concerning a disabled child:

  • what is the disability, special need or impairment that affects the child – ask for a description of the disability or impairment;
  • make sure that you spell the description of an impairment correctly;
  • how does the disability or impairment affect the child on a day-to-day basis?
  • how does the child communicate? If someone says the child cannot communicate, simply ask the question: ‘How does the child indicate they want something?
  • how does the child show they are unhappy?
  • has the disability or condition been medically diagnosed?

The number of carers involved with the child should be established as well as where the care is provided and when.

5. Disabled Children and the Law

The Equality Act 2010 defines a person with a disability as someone who has ‘a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day to day activities.’

The Children Act 1989 (Section 17) clarified the position of disabled children as children in need and defined disability using a National Assistance Act 1948 definition as ‘a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed’. The Children Act 1989 lays down a general duty on local authorities to safeguard and promote the welfare of children in their area and so far is consistent with that duty to promote the upbringing of such children by their families by providing a range and level of services appropriate to those children’s needs.

This means that the needs of children with long term conditions and life-limiting or life-shortening conditions should also be considered as although not thought of as having a disability the vulnerabilities may be similar.

Any child with a disability is, by definition, a ‘Child in Need’ under Section 17 of the Children Act 1989.

6. Intimate Care Good Practice Guidelines

It is recommended that where children require intimate care, good practice guidelines are drawn up within the establishment and disseminated to all staff. Parents / carers should also be made aware of how intimate care for their child will be managed. These guidelines should be viewed as expectations upon staff, which are designed to protect both children and staff alike. In situations where a member of staff potentially breaches these expectations, other staff should be able to question this in a constructive manner.

Staff should be advised that if they are not comfortable with any aspect of the agreed guidelines, they should seek advice within the establishment. For example, if they do not wish to conduct intimate care on a one-to-one basis, this should be discussed, and alternative arrangements considered. For example, it may be possible to have a second member of staff in an adjoining room or nearby so that they are close to hand but do not compromise the child’s sense of privacy.

The following is an example of good practice guidelines from Chailey Heritage, a nationally recognised centre for the education, assessment, treatment and support of children with physical and multiple disabilities. Whilst these are considered to be “best practice”, individual establishments may wish to adapt them to suit their particular circumstances. Guidelines for Good Practice (adapted from the Chailey Heritage centre).

7. Employing a Personal Assistant

7.1 Advice to parents / young person

Where those with parental responsibility wish to employ a personal assistant through the use of direct payments to support a disabled child (or when a 16 / 17 year old disabled person wishes to employ an assistant), they should be advised to:

  • obtain an Enhanced check from the Disclosure and Barring Service (DBS) via Local Authority Children’s Services;
  • work with an advocacy service in taking up references and interview processes;
  • avoid employing an under 18 year old as s/he cannot be held legally responsible for harm befalling a child in their care;
  • avoid employing anyone about whom they have doubts;
  • consider recruiting someone else if they are unhappy with the person working for them.

7.2 Disclosure and Barring Service Checks

The potential employee should submit their application for Disclosure and Barring (DBS) checks to Local Authority Children’s Services. The potential employee should be advised that the results of this check will be shared with the young person / parent.

Whilst this is carried out, potential users of direct payments who are already in receipt of services commissioned by the local authority, should continue to receive existing support.

If a DBS check has been requested, but has not been received by the time the personal assistant is required to start work, the parent / carer / young person should be advised that the personal assistant should not be left alone with the child / young person they are providing care to until DBS clearance is received.

Consideration should be given to asking the parent/carer to enter into a written agreement to confirm the personal assistant will not be left alone with the child / young person until the DBS clearance has been obtained. It is preferable if the employment of a PA can wait until clearance is received (providing this is appropriate), as it avoids action being taken to terminate employment if the DBS is unsatisfactory.

Local authorities must be satisfied that a direct payment used for this service will safeguard and promote the welfare of the child. Once the check is received the responsible manager must decide whether the direct payment can be progressed.

If the person is deemed to be unsuitable, the direct payment should be declined, pending a more suitable candidate. The practitioner would discuss the circumstances with the parent or young person (possibly with their advocate).

DBS checks should be updated every three years.

7.3 If a parent / young person declines to pursue DBS checks

If the parent / young person decline to pursue DBS checks, Children Services may be unable to agree to Direct Payments as they would need to check that the a potential employee is suitable by ensuring that they do not have a criminal record which may indicate they may pose a risk to children. If Children Services  declines a direct payment on these grounds, reasons should be sensitively shared with the young person / parent and clearly recorded.

If the young person and/or parent decline to pursue a DBS check, they (or an advocate) should be asked to sign a disclaimer.

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Date of last review October 2022.

Date of next review October 2024.

See also Information Communication Technology chapter

1. Introduction

As part of safeguarding and promoting the welfare of children and young people in accordance with the Children Act 2004 and Working Together to Safeguard Children (Department for Education), the Sussex Safeguarding Partnerships have developed this online safety strategy built on four key areas:

  • policies, practices and procedures;
  • education and training;
  • infrastructure and technology;
  • standards and inspection.

2. Purpose of the Strategy

The Sussex Safeguarding Partnerships are committed to raising awareness of online safety issues to all partner organisations and promoting good practice to reduce risks to children and young people when they are online or when using digital electronic technologies.

It cannot, and does not attempt to, cover all arrangements for agencies, organisations and educational establishments working in the area and should be seen as guidance to help inform what local agencies, organisations and educational establishments need to do to ensure they are equipped to safeguard and promote the welfare of children and young people in a digital age. The strategy recognises that being safe online is not just a matter of technology and that a comprehensive approach to online safety is necessary.

Sexual communication with a child is an offence under the Serious Crime Act (2015). This applies to an adult who communicates with a child and the communication is sexual or if it is intended to elicit from the child a communication which is sexual and the adult reasonably believes the child to be under 16 years of age. It is an offence for an adult to arrange to meet with someone under 16 having communicated with them on just one occasion.

Where there are concerns in relation to a child’s exposure to extremist materials, the child’s school may be able to provide advice and support: all schools are required to identify a Prevent Single Point of Contact (SPOC) who is the lead for safeguarding in relation to protecting individuals from radicalisation and involvement in terrorism. Suspected online terrorist material can be reported through gov.uk. Content of concern can also be reported directly to social media platforms – see UK Safer Internet Centre website.

3. Background

“All agencies providing services to children have a duty to understand e-safety issues, recognising their role in helping children to remain safe online while also supporting adults who care for children.” Becta, Safeguarding Children in a Digital World.

Online safety is the process of limiting risks to children and young people when using Information and Communications Technology (ICT). Online safety is primarily a safeguarding issue not a technological issue, which relates to the use of all ICT- fixed or mobile; current, emerging and future ICT.

ICT is used daily as a tool to improve teaching, learning, communication and working practices to the benefit of our children and young people and those that work to support them.

The use of ICT is recognised as being of significant benefit to all members of our community, in personal, social, professional and educational contexts. However alongside these benefits, there are potential risks that professionals have a statutory duty of care to manage, to ensure they do not become actual dangers to children and young people.

Social networking sites are often used by perpetrators as an easy way to access children and young people for sexual abuse. In addition radical and extremist groups may use social networking to attract children and young people into rigid and narrow ideologies that are intolerant of diversity: this is similar to the grooming process and exploits the same vulnerabilities.

The global pandemic moved the world online. Everything from socialising to education happened in front of a screen.  Children and young people’s usage increased dramatically.  Prior to the pandemic, many of the strategies about their digital usage has been to be risk averse.   How can we help avoid risky behaviour from happening and avoid unplanned views or contact.  However since 2020 a new strategy is emerging from UK Council for Internet Safety (UKCIS) called Digital Resilience (opens as a pdf).

As the framework states “People will encounter risks during these online experiences and it is neither possible nor desirable to shield them entirely from risk. Learning how to recognise and manage risk, learn from difficult experiences, recover and stay well, is a vital part of individual development and agency”.

There are four main areas of the framework: Learn, Recover, Understand and Know.  This will be referenced throughout this procedure.

4. Online Safety Risks and Issues

Online safety risks and issues can be roughly classified into four areas: content, contact, conduct and contract. The following are basic examples of the types of online safety risk and issues that could fall under each category.

  • engages with and / or is exposed to potentially harmful CONTENT;
  • experiences and / or is targeted by potentially harmful CONTACT;
  • witnesses, participates in and / or is a victim of potentially harmful CONDUCT;
  • is party to and / or exploited by a potentially harmful CONTRACT.

You can read more about this here – 4 Cs of online risk: Short report & blog on updating the typology of online risks to include content, contact, conduct, contract risks – CO:RE Knowledge Base (core-evidence.eu).

Content

Child as receiver

Contact

Child as participant

Conduct

Child as actor

Contract

Child as consumer

Aggressive Violent/ gory content, racist, hateful and extremist content  Harassment, stalking, hateful behaviour, unwanted surveillance Bullying, hostile peer activity. E.g trolling, exclusion, shaming Identify theft, fraud, phishing, scams , gambling, blackmail, security risks
Sexual Pornographic content, sexualization of culture, body image norms ‘Grooming’, sexual abuse on meeting strangers, sexual harassment, generation and sharing of child sexual abuse material Sexual harassment, ‘sexting’, non consensual sexual messages, sexual pressures Sextortion, trafficking for purposes of sexual exploitation, streaming child sexual abuse
Values Racist/ hateful content, age-inappropriate user generated or marketing content, mis/disinformation Ideological persuasion, radicalisation and extremist recruitment Potentially harmful user-generated content, self harm, peer pressure Information filtering, profiling bias, polarisation, persuasive design
Cross cutting  Privacy and data protection abuses, physical and mental health risk, forms of discrimination

5. Computer Games and Online Gaming

Content: All games carry an age restriction / certification. Children and young people should only access to age related Computer Games. Some games are often violent and / or have some sexual element (Grand Theft Auto, Call of Duty, Resident Evil, etc) – these games do come with Cert 18.

Contact: Risks can be posed when children access  Online Gaming and chat rooms within the computer games themselves.

Content: Children and young people may act out certain scenarios from films or games that they have watched / played . They may follow an instruction/behaviour from what they have seen or by others they have met online whilst gaming.

Addiction / Overuse: For some young people gaming can become the most important aspect of their life it is important to provide and ensure that there is a balance of other activities

Consumer: Games can require payment for skins (costumes), additional lives, access to additional levels.  Need to ensure that links to adults bank details are restricted.

Parents and carers should be encouraged to talk to their children about what games or chat rooms they are playing/ have access to.

Online Safety and Gaming (swgfl – opens in a pdf) provides advice on reporting and blocking, online socialization and the considerations to online gaming.

6. Harmful Online Challenges and Online Hoaxes

Online challenges involve people recording themselves online doing something that is difficult or risky, which they share to encourage others to repeat it. Challenges can be dangerous and could result in substantial physical injury or permanent harm.

Online hoaxes, sometimes known as pranks or scams, differ from challenges. A hoax is a deliberate lie designed to seem truthful. Some hoaxes can also include distressing self-harm or suicide narratives.

The Department for Education (DfE), in collaboration with partners in the UK Council for Internet Safety Education subgroup and the Samaritans, has published advice for schools and colleges to support their approach to harmful online challenges and online hoaxes. You can read this here – Harmful Online Challenges and Online Hoaxes (gov.uk).

7. Online Safety and the Dark Web

The Child Exploitation and Online Protection Command (CEOP) of the National Crime Agency (NCA) has some resources for use by professionals and parents and carers to understand the dark web and to help them to have conversations with young people who may already be using the dark web.

You can read the guidance here:

8. Online Safety – Whole School Approach

All school staff should be aware that technology is a significant component in many safeguarding and wellbeing issues. Children are at risk of abuse online as well as face to face. In many cases abuse will take place concurrently via online channels and in daily life. Children can also abuse their peers online, this can take the form of abusive, harassing, and misogynistic messages, the non-consensual sharing of indecent images, especially around chat groups, and the sharing of abusive images and pornography, to those who do not want to receive such content.

In all cases, if staff are unsure, they should always speak to the designated safeguarding lead (or deputy).

CONTENT: It is essential that children are safeguarded from potentially harmful and inappropriate online material. An effective whole school and college approach to online safety empowers a school or college to protect and educate pupils, students, and staff in their use of technology and establishes mechanisms to identify, intervene in, and escalate any concerns where appropriate

Schools and colleges should ensure online safety is a running and interrelated theme whilst devising and implementing policies and procedures. This will include considering how online safety is reflected as required in all relevant policies and considering online safety whilst planning the curriculum, any teacher training, the role and responsibilities of the designated safeguarding lead and any parental engagement.

Online safety and the school or college’s approach to it should be reflected in the child protection policy.

Remote learning Where children are being asked to learn online at home the Department has provided advice to support schools and colleges do so safely:

Filters and monitoring  Whilst considering their responsibility to safeguard and promote the welfare of children and provide them with a safe environment in which to learn, governing bodies and proprietors should be doing all that they reasonably can to limit children’s exposure to the above risks from the school’s or college’s IT system.

The appropriateness of any filters and monitoring systems are a matter for individual schools and colleges and will be informed in part, by the risk assessment required by the Prevent Duty. 33 The UK Safer Internet Centre has published guidance as to what “appropriate” filtering and monitoring might look like: Appropriate Filtering and Monitoring | Safer Internet Centre.

The Department for Education has published Meeting Digital and Technology Standards in Schools and Colleges – Filtering and Monitoring Standards for Schools and Colleges Guidance (gov.uk) which set out that schools and colleges should:

  • identify and assign roles and responsibilities to manage filtering and monitoring systems;
  • review filtering and monitoring provision at least annually;
  • block harmful and inappropriate content without unreasonably impacting teaching and learning;
  • have effective monitoring strategies in place that meet their safeguarding needs.

Governing bodies and proprietors should review the standards and discuss with IT staff and service providers what more needs to be done to support schools and colleges in meeting this standard.

All school staff should receive appropriate safeguarding and child protection training (including online safety which, amongst other things, includes an understanding of the expectations, applicable roles and responsibilities in relation to filtering and monitoring).

Online safety and the school or college’s approach to it should be reflected in the child protection policy which, amongst other things, should include appropriate filtering and monitoring on school devices and school networks.

The NSPCC has free activities and resources for teachers of key stages 3-4 to help children and young people know what to do if they see bullying online. See Stop Speak Support School Pack (NSPCC Learning).

UK Safer Internet Centre has a set of online safety educational resources to support professionals working with or for children and young people. The resources are tailored to 3– to 18-year-olds and include lesson plans, assemblies, games and other activities for children. Access the resources: Educational Resources.

9. Online Safety SEND Resources

Childnet, a UK-based charity in the UK Safer Internet Centre, has resources around online safety to support young people with Special Educational Needs and Disabilities (SEND) aged 11 and over. The resources cover topics such as healthy relationships, digital wellbeing and online pornography. Each topic contains three lessons and films for educators and those working with young people to initiate discussion and help young people navigate online spaces. Access the resources: Thrive Online.

10. Challenging Victim Blaming Language and Behaviours

10.1 What is victim blaming?

Victim blaming is any language or action that implies (whether intentionally or unintentionally) that a person is partially or wholly responsible for what has has happened to them.  Professionals are encouraged to think critically about the language they use and the impact that it has.

Professionals should clearly understand that children can never be expected to predict, pre-empt or protect themselves from abuse. Irrespective of the context or circumstance, the responsibility always lies with the person who abused the child or young person.

10.2 Children and young people may feel they are to blame

One of the greatest barriers to a child or young person seeking help and reporting online abuse, is feeling they are to blame for something that has happened to them. When professionals working with the child or young person speak or behave in such a way that reinforces this feeling of self-blame, the impact of the abuse the child or young person has already experienced may be greater, leading to a longer recovery.

10.3 Children and young people’s experiences may not be treated as a safeguarding concern

When victim blaming occurs, there is a risk of diminishing the child or young person’s experiences, leading to a lack of, or an inappropriate, safeguarding response. This could be by professionals initially dealing with an incident or by those involved subsequently.

Direct victim blaming happens when a child or young person is explicitly held responsible for what has happened to them.

Examples include:

  • in the context of non-consensual nude image sharing, professionals may blame the child or young person for sharing the image in the first place, and say what’s happening to them is their fault because they sent the image;
  • after receiving an abusive message online, a professional may say it’s the child or young person’s fault for accepting a friend request from someone they didn’t know on social media;
  • in the context of online blackmail, a professional tells a child or young person they should not have responded, but blocked and reported the person as soon as they started sending threatening messages.

Indirect or unintentional victim blaming can be harder to identify. It often happens when a person is trying to help a child or young person after something has happened to them. However, that ‘help’ reinforces the idea that the child or young person has done something wrong or is responsible for what has happened to them.

Examples include:

  • taking away the child or young person’s device or banning them from using an online platform, app or game as a consequence;
  • delivering online safety education to a child or young person immediately after a disclosure, which highlights what they should have done to keep themselves safe;
  • inferring or suggesting that a child or young person should take responsibility for keeping themselves safe online. For example, saying a child or young person ‘shouldn’t place themselves in danger’ or ‘put themselves at risk’ by doing x or using y.

Key principles to challenge victim blaming language and behaviours:

  • remember children lack control in abusive situations;
  • focus on the behaviour of the person who abused the child or young person;
  • be open to children and young people’s lived experiences;
  • model the language and behaviour you expect from others;
  • make time for learning and reflection.

You can read more here – Challenging Victim Blaming Language and Behaviours when Dealing with the Online Experiences of Children and Young People (gov.uk)

11. Key Measures for Limiting Online Safety Risks

The Sussex Safeguarding Partnerships support the use of the Becta PIES model which offers an effective strategic framework for approaching online safety. This model illustrates how a combination of effective policies and practices, education and training, infrastructure and technology underpinned by standards and inspection can be an effective approach to manage and limit e-safety.

12. Policies and Practices

Any organisation that has contact with children and young people should:

  • appoint a dedicated online safety lead;
  • create and maintain an online safety policy;
  • make sure that appropriate Acceptable Use of ICT Policy and Staff User Agreements are in place;
  • have a procedure in place for reporting an e-safety incident, e.g. clear lines of reporting incidents of misuse of ICT by users and safeguarding incidents when a user is at risk or has come to actual harm through the use of ICT;
  • review and evaluate all internal policies and procedures (at least every 12 months or in response to new technologies or online safety incidents if sooner.

13. Infrastructure and Technology

All organisations providing services to children and young people which also provide access to ICT should:

  • identify all technologies used within the organisation itself and carry out risk assessments with regards to e-safety;
  • consider the use of additional software and/or settings for technologies to limit the e-safety risk;
  • use up to date security software / solutions for technologies.

Where Internet access is available, Becta advises that a web content filtering product or service must as a minimum:

  • subscribe to the Internet Watch Foundation Child Abuse Images and Content (CAIC) URL List;
  • block 100% of illegal material identified by the Internet Watch Foundation (IWF);
  • capable of blocking 90% of inappropriate content in each of the following categories:
    • pornographic, adult, tasteless or offensive material;
    • violence (including weapons and bombs);
    • racist, extremist and hate material;
    • illegal drug taking and promotion;
    • criminal skills and software piracy.

All organisations providing services to children and young people which also provide access to ICT should:

  • identify all technologies used within the organisation itself and carry out risk assessments with regards to online safety;
  • consider the use of additional software and/or settings for technologies to limit the online safety risk;
  • use up to date security software / solutions for technologies;
  • where Internet access is available, Becta advises that a web content filtering product or service must as a minimum:
    • subscribe to the Internet Watch Foundation Child Abuse Images and Content (CAIC) URL List;
    • block 100% of illegal material identified by the Internet Watch Foundation (IWF);
  • capable of blocking 90% of inappropriate content in each of the following categories:
    • pornographic, adult, tasteless or offensive material;
    • violence (including weapons and bombs);
    • racist, extremist and hate material;
    • illegal drug taking and promotion;
    • criminal skills and software piracy.

14. Education and Training

Any organisation that has contact with children and young people should aim to raise awareness of online safety through education and training

Online safety training should be incorporated into the organisation’s children’s workforce training strategy, e.g. safety awareness, acceptable use, safeguarding procedures. This should include induction of new staff, plus on-going support and supervision of existing staff. Staff should be made aware of local, regional and national issues with regards to online safety and should be confident in their abilities to escalate an incident as necessary and appropriate

An organisation should also consider their role in giving online safety information and guidance to children, young people, parents and carers. It will be especially important for parents and carers to be aware of what their children are being asked to do online, including the sites they will asked to access.

There should be training resources and support materials dealing with the issues of online safety with children, young people, parents and professionals available within your organisation.

Teaching Online Safety in Schools (gov.uk)

This non-statutory guidance outlines how schools can ensure their pupils understand how to stay safe and behave online as part of existing curriculum requirements.

It complements existing subjects including:

  • relationships education;
  • relationships and sex education;
  • health education;
  • citizenship;
  • computing.

15. Monitoring and Review of this Strategy

This strategy will be monitored and reviewed on an annual basis (or sooner in response to new technologies or online safety incidents).

16. Contacts

Professionals –  See also  Keeping Children Safe in Education (Department for Education)

CEOP (Child Exploitation and Online Protection) Safety Centre http://www.ceop.police.uk/safety-centre
Childnet http://www.childnet.com
Childnet Resources http://www.childnet-int.org/kia/
Professionals Online Safety Helpline (UKSIC) Email [email protected] or telephone 0844 381 4772
Safe, Secure Online http://www.swgfl.org.uk/Staying-Safe
Think U Know (CEOP) http://www.thinkuknow.co.uk/
UK Safer Internet Centre (UKSIC) http://www.saferinternet.org.uk/
Harmful online challenges and online hoxes Harmful online challenges and online hoaxes (gov.uk)
Meeting digital and technology standards in schools and colleges https://www.gov.uk/guidance/meeting-digital-and-technology-standards-in-schools-and-colleges/cyber-security-standards-for-schools-and-colleges

17. Information and Organisations

17.1 For parents and carers

Useful websites

Parent Guide to Online Safety

https://www.thinkuknow.co.uk/ – the place to start

https://www.childline.org.uk/ – for reporting and advice

https://www.internetmatters.org / – for setting parental control

https://parentzone.org.uk/home  – for information

https://www.commonsensemedia.org / – for reviews of games, apps, and websites

NSPCC Virtual Safety advice – for information on child safety in the metaverse

Five themes of online safety – use these to think about what area to discuss:

  1. Conduct – How you behave online.
  2. Content – What you view, share (upload) and download
  3. Contact – Who do you interact with
  4. Overuse – Are we using technology too much?
  5. Commercial – POP UPS, scams, advertising and more

17.1.1 Parental controls

Safety Net recommends that parents take five steps to keep their children safer online.

  1. Understand how to set limits from your internet service provider (SKY, TALKTALK, Virgin, BT).
  2. Put restrictions on devices. (iPad, mobiles, Xbox etc.)
  3. Set safe search on google and YouTube.
  4. Have a plan for when things go wrong.
  5. Most importantly – keep involved in your child’s online life

These steps are not easy to do, the link below will help.  Sometimes these steps make the internet too restricted and you might need to remove or set time limits. The technologies in this area are changing all the time. See Parental Controls (Internet Matters).

17.1.2 Other useful links

17.1.3 Screen time

Sending nude images / sexual content

 

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Developed in January 2022.

This policy is under review.

1. Definition

The term ‘suicide cluster’ describes a situation in which more suicides than expected occur in terms of time, place, or both. Also in terms of method. It is difficult to precisely define a cluster. A suicide cluster usually includes three or more deaths; however, two suicides occurring in a specific community or setting (for example a school) in a short time period should also be taken very seriously in terms of possible links and impacts (even if the deaths are apparently unconnected), particularly in the case of young people. It is important to establish at a very early stage if there are connections between suicides. However, it is also important to recognise that there do not have to be clear connections for multiple deaths to constitute a cluster. Multiple unconnected deaths in a community can have similar consequences to a cluster in which links between deaths are apparent, such as media response, heightened local concerns and speculation, and influence on methods used for suicide. One of the challenges of identifying a cluster, especially in the early stages, is that they may present as single events of completed suicide.

2. General Principles

Following the identification of a suicide cluster there is the need for significant specialist input and a dynamic multi-agency responses to assess a considerable number of young people who may be at increased risk due to the cluster.

Responding to a potential cluster of completed suicides requires a time critical response but prior allocation of capacity is essential to identify resources required in the event that a response is required, including the formation of dedicated teams of professionals from specialist mental health services, Police, Children’s Services, Education, Early Help and other third sector organisations, for example, Samaritans, Mind etc.

3. Response

There are established process already in place that outline the initial response to a completed suicide by a person under 18.

Within those established processes it is vital that consideration is giving to identifying individuals involved in the social networks of those who have completed suicide, both in real life and in the virtual world, and other young people known to the deceased, in order to provide specific support and undertake risk assessments where there are concerns.

4. Scoping Strategy Discussion

During the risk assessment process, professionals may identify a number of young people who are at significant risk of significant self-harm or who hold suicide ideation.

More often, schools will be the agency who undertakes the risk assessments and identifies those most at risk.

For those young people deemed most at risk a referral should be made Making a Referral chapter.

A scoping strategy meeting should take place chaired by a Senior child protection manager, Children’s Services, or their nominee

Suggested attendees should include school, children’s service, MASH, (IFD, FDFF, SPOA) local police command, Health, mental health services and colleagues from early help.

The purpose of the meeting will be to discuss the young people and the current risks.

Professionals attending will, where necessary, be expected to contribute resources from their agency to support the young person and manage risk.

Decisions will be made in this meeting as to whether separate section 47 meetings should take place for individual children.

Where no specific Section 47 is deemed necessary then a lead agency will be identified to progress the actions generated and monitor progress to support the young person.  Attendees should include:

  • Senior child protection manager, Children’s Services, or their nominee;
  • Police detective chief inspector, Safeguarding Investigations Unit, or their nominee;
  • Representative from the Child Death Review Team;
  • Operational managers from any other agency with information to assist in determining the scale of the enquiry, including the referring agency.

The meeting needs to take account of the likely impact the cluster may have on young people, and identify action to reduce any identified risks.

The scoping meeting must:

  • assess the information known to date;
  • decide what further information is required at this stage;
  • arrange for its gathering;
  • undertake an initial mapping exercise to determine the scale of the response and possible young people requiring specific support;
  • consider any immediate protective action required;
  • consider a plan for the response plan to be presented to the Strategic Management Group, including resource implications, if a Cluster is identified;
  • generate specific operational responses – for example police response to a high-risk young person who goes missing.

If the meeting decides that the response is likely to be sufficiently complex and resource intensive, then a full meeting of a 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 Response Management Group  should be convened to identify and deploy the necessary resources to respond to and manage risk.

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 response as complex and convening a Strategic Management Group.

If the cluster response scoping meeting does not consider the circumstances meet this threshold, then the response will be managed under the arrangements shown in Section 3, Response.

Where the extent of the complexity is unclear, there should be a further scoping meeting arranged to review the progress of the response. In some cases, it may be useful to put in place a Response 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.

5. Professionals who need to be Informed

Once the decision has been taken at the scoping meeting to initiate a complex response, the lead officer for Children’s Services must be informed. They must inform the safeguarding partnership Chair, the Director of Children’s Services, head of the media / press office and senior managers of relevant agencies for example designated child protection professionals.

6. Strategic Management Group

To ensure a coordinated response, a Strategic Management Group (SMG) meeting must be convened as early as possible. This will be chaired by the Director of Public Health. The agency initiating the meeting will provide the administrative support. This will need to closely align with other governance structures involved with the cluster response.

The membership of the SMG should comprise senior staff able to commit resources and will normally include the following:

  • Director of Public Health (Chair);
  • Lead officer for Children’s Services or nominee;
  • Consultant in Public Health;
  • Assistant Chief Police Officer or nominee;
  • Police senior investigating officer (SIO);
  • Senior child protection manager or nominee;;
  • Assistant Director, Education or nominee;
  • Mental Health Trust Chief Medical Officer;
  • Senior health representative;
  • Press officer;
  • Other individuals and agencies as appropriate.

The meeting must consider a wide range of issues and agree a plan that includes:

A decision on the scale of the response and the staff required for a Joint Investigation Management Group (see Investigation Management Group (below)

  • the focus of the response;
  • any cross-boundary issues and planning of appropriate liaison and sharing of resources;
  • identification of staff to manage the intelligence gathering from social media / live time surveillance (usually Police led);
  • identification of sufficient trained staff for the response (see below);
  • sufficient support, supervision and de-briefing of staff involved;
  • availability of expert advice where necessary;
  • liaison arrangements for inter-agency working;
  • time scales for the stages of the response;
  • allocation of specific tasks to personnel involved in the response together with line management responsibilities;
  • management of public relations and media interest in the case;
  • management of political arena;
  • confidentiality / need to know arrangements;
  • exit strategy;
  • ensuring the safety and security of records.

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.

The SMG must make arrangements to convene regularly during the response to:

  • monitor the progress of the response;
  • ensure alignment with other governance structures involved in the response;
  • review risk indicators for the children involved;
  • consider resource requirements;
  • consider the appropriate timing of the termination of the response;
  • plan a de-brief meeting with the response management group to identify lessons learnt;
  • ensure that staff support structures and processes are in place and utilised.

7. Response Management Group

This group should be chaired by a senior child protection manager, Children’s Services or their nominee and include representatives in education, police, health and local authority legal services. Other agencies should be invited as appropriate, e.g. CAMHS, Samaritans

The role of this group will vary, but should include:

  • a forum for the exchange of information, tactics and strategy, and to monitor the progress of the response;
  • ensuring consistent strategy for responding to those identified at risk;
  • updating the SMG of the progress of the response;
  • updating other governance groups involved in the response;
  • updating the SMG on any resource shortages;
  • ensuring consistent support for families;
  • maintaining support for the response team staff;
  • sharing information with agencies not represented on the SMG.

8. Response Team

The SMG should identify individuals within and outside their organisation with the required expertise. This may include social workers, specialist mental health professionals, third sector organisations etc.

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.

Structures and processes should be in place to ensure timely debrief and also support for staff involved in the response around their mental and emotional wellbeing.

9. Information Sharing

Normal information sharing protocols will remain in place for any cluster response.

Where staff are displayed to schools to meet with specific young people, protocols for informing parents / carers ahead of any such meeting will be generated ahead of the meeting.

Where are staff are deployed to schools as a means of ‘drop in’ support it is anticipated schools will inform parents / carers of this support before the first session takes place.

10. Crossing Geographical and Operational Boundaries

It may be recognised at the outset, or during the response that there are young people requiring support in more than one geographical area – for example, on-line friends or friends who have recently moved out of the area. In such cases the responsibility of responding to risk and providing support should be agreed by Children’s Services and Police.

11. Closure

There must be a clearly defined exit strategy not only in relation to the closure of the response but also with regard to the young people who have been supported. Clear safety plans will be drawn up for all of those young people together with the agency / agencies who will support the young person moving forward.

Staff involved directly in the response need to be thoroughly debriefed at the conclusion.

At the conclusion of the response each agency should undertake a review, with a view to identifying any changes to policy or that may be necessary / beneficial. Such a review will complement any safeguarding practice 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 safeguarding partnership.

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Last reviewed in July 2022.

Date of next review July 2024.

1. Introduction

This policy should be considered alongside the Multi-Agency Guidance for Responding and Reviewing Child Deaths chapter. There are well established national and local statutory Child Death Review procedures in place for responding to suspected suicides by children. However, given the impact of a suspected suicide on the emotional and mental health of others, including increased risk of subsequent suicide, there are also a number of actions necessary to reduce risk. It is important to stress that the procedures below should be referred in addition to and not in any way replace those outlined in the Multi-Agency Guidance for Responding and Reviewing Child Deaths.

This policy should be initiated when a child’s death is a suspected suicide.

Whilst the statutory response to a death of a person aged 18 or over is very different to that of a child, the approaches and actions outlined in this policy can be applied to young people aged 18 or over where appropriate.

2. Multi-Agency Response Group

Following the Joint Agency Response Initial Information Sharing and Planning Meeting (IISPM) meeting triggered by the suspected death by suicide of the child (see Multi-Agency Guidance for Responding and Reviewing Child Deaths), a further multi-agency group should be convened, with the aim of the rapid mitigation of any additional risks, identifying those affected by the death and ensuring appropriate support is offered to them. A further aim is to identify any possible links to other deaths by suicide of suspected deaths by suicide.

The initial multi-agency group meeting should take place as close to the  Joint Agency Review (JAR) IISPM as possible.

The group should meet on a regular basis until there is an agreed decision to step down the response. It is recognised that in the first few days and weeks, the situation and response may evolve rapidly and new information may come to light.

Consideration should be given at any time to convene a Strategy Discussion should there be information that abuse, or neglect may have been a factor in the death.

3. Membership of the Multi-Agency Response Group

Membership of the group should include:

  • Head of Children’s Safeguarding or delegate (Chair);
  • Police representative;
  • Child death review team lead;
  • Public health consultant;
  • Local authority education lead / Educational Psychologist, Wellbeing lead officer;
  • Designated Paediatrician for child deaths;
  • Local authority communications lead;
  • Mental health trust lead.

Additional membership may be required dependent on the circumstances of the suicide.

The meeting should not be convened without the presence of the Head of Children’s Safeguarding or delegate, a police representative or a Public health consultant.

The death or serious harm of a child is a distressing event for everyone. Staff attending the multi-agency response group are encouraged to discuss issues of support within their usual line management arrangements and make use of any additional support offers in place within their agency. It is expected that offers of support should be ongoing and able to be accessed at any time.

It is important to recognise that not all members of the multi-agency response group work in safeguarding day to day, e.g schools. Therefore, there needs to be careful consideration about the level of detail shared about the death.

Staff should be proactive in sharing information as early as possible to help identify, assess and respond to risks or concerns about the safety and welfare of children.  Please see the Information Sharing chapter for more information.

4. Aims of the Multi-Agency Response Group

The aim of the multi-agency response group is to mitigate the risk of further completed suicides and self-harm.

5. Role of the Multi-Agency Response Group

The role of the multi-agency response group is to:

  • provide a forum for the exchange of information to ensure a shared single view of the situation, identify individuals, groups, organisations potentially affected by the death, identify geographical areas and themes of increased risk following the suspected child suicide and ensure that groups are offered bereavement support and specialist services when necessary;
  • maintain oversight and provision of communications;
  • provide updates to other relevant organisations and governance bodies;
  • ensure that those involved in the response have access where necessary to psychological support and supervision;
  • decide when to step-down the response and ensure relevant agencies are aware of how to direct future concerns.

The multi-agency response group should oversee actions in the following areas:

  • cluster identification;
  • identification, assessment and support of vulnerable / at-risk individuals;
  • bereavement and specialist support;
  • online activity and social media;
  • family support;
  • support to school;
  • community support;
  • staff support;
  • communications;
  • events;
  • environmental modifications;
  • letters / gifts;
  • crossing geographical and operational boundaries;
  • closure / step-down.

Cluster identification: At the initial meeting of the response group there should be assessment as to whether this death by suspected suicide is linked to any other deaths by suspected suicide and as such constitutes or is part of what is known as a suicide cluster. These links may be: in time (i.e. occurring in close succession); geographical; through family, friendship or other social networks including dispersed online social networks; or institutions including schools, clubs and care settings. If a cluster is identified, procedures in the Responding to a potential cluster of suicides for children and young people aged under 18 chapter should be initiated. If the death is thought to be part of a cluster that has already been identified then actions to mitigate risk should occur as part of pre-existing cluster work.

Identification, assessment and support of vulnerable / at-risk individuals: An important role of the group is oversight of the identification, assessment and support provided to vulnerable and at-risk people linked to the incident. This includes witnesses and responders to the death, family, friends and members of the social network and professionals involved with the child including educational and health and care staff. The Child Death Review Team leads supporting the family and educational staff are important sources of information. It is worth noting that vulnerabilities may be due to the event itself i.e. being a family member of close friend, but may also be due to pre-existing vulnerabilities which could be exacerbated by the child’s death.

Bereavement and specialist support: When someone under the age of 18 years old completes suicide the child death process is triggered. This means the family receive support from a Child Death Review Specialist Nurse (CDRN), if they  family choose to engage with the service. This involves the CDRN meeting and listening to the family and signposting them to the most appropriate bereavement service for their needs at the most meaningful time for the family. The CDRN acts as a keyworker for the family throughout the child death process. A bereavement support offer should be in place for anybody requiring support after the death including one to one support, referral on to specialist psychological support such as counselling where appropriate and also highlighting agreed resources such as the Help is at Hand booklet. Anyone who is under specialist social or clinical care should be passed back to their relevant professional lead.

Online activity and social media: Any risk assessment of a child or young person should take into account their online activity. This assessment should include risks and protective factors associated with their previous online history, what devices they have access to, what oversight of use is in place and the skills and understanding of family members and professionals involved with the child or young person.

Family support: Provision of support to the family of the child who has completed suicide is the remit of the Child Death Review team (see Multi-Agency Guidance for Responding and Reviewing Child Deaths chapter) and also the police family liaison officer. However the group should maintain ongoing oversight of the impact of the death on family members taking into account any characteristics of the family that may be relevant including separation or adoption.

Support to school: Support to a school should be provided as soon as possible following an incident and include supporting the school through the child death process, providing support to staff and assisting the staff to support pupils, as well as working with staff to identify those pupils who are vulnerable / at-risk and whom may require additional support.

Community support: one or more suicides has the potential to cause distress in the wider community and the group should work with local authority communities leads, police neighbourhood support leads and any relevant voluntary and community sector groups to provide support and address community tensions. This may include increased signposting to relevant services.

Staff support: Staff involved in the multi-agency response should be alerted to and encouraged to make use of any emotional and mental health support offers in place. Meetings should be carried out in a way that minimises potential distress to attendees i.e. where possible not referring to the method, specificities of the death, or impact on family members.

Communications: The role for communications includes: having oversight of wider messaging and reporting relating to the incident to ensure it is in line with Samaritan’s Media Guidelines; to promote positive mental health and wellbeing including increasing awareness of relevant resources and services; and also updating relevant professional groups around response activity including GPs.

Events: Key dates or events related to the suspected suicide have the potential to impact on friends, family and professional’s mental health and wellbeing. These include the child’s birthday, memorial events, the funeral, inquests. If there is the potential for either distress of attendees or community safety issues relating to events then blue light services should be alerted and the group should consider the possibility of youth / outreach worker presence.

Environmental modifications: These might need to take place dependent on the method of suicide, for example increased use of barriers on tall structures.

Letters / gifts: While any letters or gifts left by the deceased are the property of the family, their effect on others should be assessed by social care or mental health professionals. Where there is an assessment of increased risk resulting from receipt, then social care and / or mental health leads should work with the family to agree a plan for so that they can be passed on in way that minimises risk.

Crossing geographical and operational boundaries: It may be recognised at the outset, or during the response that there are young people requiring support in more than one geographical area – for example, on-line friends or friends who have recently moved out of the area. In such cases the responsibility of responding to risk and providing support should be agreed by Children’s Services and Police.

Closure / step-down: There must be a clearly defined exit strategy not only in relation to the closure of the response, but also with regard to the young people who have been supported. Clear safety plans will be drawn up for all of those young people together with the agency(ies) who will support the young person moving forward.

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Last reviewed in April 2023.

Next review in April 2025.

For guidance on how to respond to a suspected suicide please see Response to a suspected suicide chapter.

For guidance on how to respond to a potential cluster of suicides for those aged under 18 please see Responding to a potential cluster of suicides for children and young people aged under 18 chapter.

1. Introduction

Any child or young person, who self-harms or expresses thoughts about this or about suicide, must be taken seriously and appropriate help and intervention should be offered at the earliest point.  Any practitioner who is made aware that a child or young person has self-harmed, or is contemplating this or suicide, should talk with the child or young person without delay.

This procedure does not cover self-injurious behaviours which is sometimes present in the context of Learning Disability or Autism and this should be assessed with reference to the learning disability safeguarding procedures (Safeguarding children with disabilities chapter).

2. Definitions

Definitions from the Mental Health Foundation are:

  • deliberate self-harm is self-harm without suicidal intent, resulting in non-fatal injury;
  • attempted suicide is self-harm with intent to take life, resulting in non-fatal injury;
  • suicide is self-harm, resulting in death.

Deliberate self-harm is a common precursor to suicide and children and young people who deliberately self-harm may die by accident.

Self-harm can be described as wide range of behaviours that someone does to themselves in a deliberate and usually hidden way.  In the vast majority of cases, self-harm remains a secretive behaviour that can go on for a long time without being discovered.  Many children and young people may struggle to express their feelings and will need a supportive response to assist them to explore their feelings and behaviour and the possible outcomes for them.

3. Indicators

The indicators that a child or young person may be at risk of taking actions to harm themselves or attempt suicide can cover a wide range of life events such as bereavement, bullying at school or a variety of forms of cyber bullying, often via mobile phones, bullying (including homophobic, transphobic etc), mental health problems including eating disorders, family problems such as domestic abuse or any form of child abuse as well as conflict between the child and parents.

The signs of the distress the child may be under can take many forms and can include:

  • cutting behaviours;
  • other forms of self-harm, such as burning, scalding, banging, hair pulling;
  • self-poisoning;
  • mismanagement of prescribed medication (e.g insulin)
  • not looking after their needs properly emotionally or physically;
  • direct injury such as scratching, cutting, burning, hitting yourself, swallowing or putting things inside;
  • staying in an abusive relationship;
  • taking risks too easily;
  • eating distress (anorexia and bulimia);
  • addiction, for example, to alcohol or drugs;
  • low self-esteem and expressions of hopelessness;
  • withdrawal from usual activities.

4. Where a Child Presents to a Non-Health Professional

As per NICE Guidance Self-harm: Assessment, Management and Preventing Recurrence (NG225).

When a person who has self-harmed presents to a non-health professional, for example, a teacher or a member of staff in the criminal justice system, the non-health professional should:

  • treat the person with respect, dignity and compassion, with an awareness of cultural sensitivity;
  • work collaboratively with the person to ensure that their views are taken into account when making decisions;
  • address any immediate physical health needs resulting from the self-harm, in line with locally agreed policies; if necessary, call 111 or 999 or other external medical support (The Sussex Mental Health line can be contacted via 111 option 2);
  • seek advice from a healthcare professional or social care practitioners, which may include referral to a healthcare or mental health service;
  • ensure that the person is aware of sources of support such as local NHS urgent mental health helplines, local authority social care services, Samaritans, Combat Stress helpline, NHS111 and Childline, and that people know how to seek help promptly;
  • respond to safeguarding issues such as indicators and or disclosures of abuse or neglect and make onward safeguarding referral.

When a person presents to a non-health professional, for example, a teacher or a member of staff in the criminal justice system, the non-health professional should establish the following as soon as possible:

  • the severity of the injury and how urgently medical treatment is needed
  • the person’s emotional and mental state, and level of distress
  • whether there is immediate concern about the person’s safety
  • whether there are any safeguarding concerns
  • a recognition of protective factors and the network around the young person.
  • whether the person has a mental health care and safety plan, this can be established by contacting the Young person’s local CAMHS team.
  • if there is a need to refer the person to a specialist mental health service or Emotional Wellbeing being service for assessment, this is via a Single Point of access in some areas of Sussex CAMHS (sussexcamhs.nhs.uk).

5. Where a Child Presents to a Health or Social Care Professional

As per NICE Guidance Self-harm: Assessment, Management and Preventing Recurrence (NG225).

When a person presents to a healthcare professional or social care practitioner following an episode of self-harm, the professional should:

  • treat the person with respect, dignity and compassion, with an awareness of cultural sensitivity;
  • establish the means of self-harm and, if accessible to the person, discuss removing this with therapeutic collaboration or negotiation, to keep the person safe;
  • assess whether there are concerns about capacity, competence, consent or duty of care, and seek advice from a senior colleague or appropriate clinical support if necessary;
  • be aware and accept that the person may have a different view and this needs to be taken into account;
  • seek consent to liaise with those involved in the person’s care (including family members and carers, as appropriate) to gather information to understand the context of and reasons for the self-harm;
  • discuss with the person and their families or carers (as appropriate), their current support network, any safety plan or coping strategies.

When a person presents to a healthcare professional or social care practitioner following an episode of self-harm, the professional should establish the following as soon as possible:

  • the severity of the injury and how urgently medical treatment is needed;
  • the person’s emotional and mental state, and level of distress;
  • whether there is immediate concern about the person’s safety;
  • whether there are any safeguarding concerns;
  • a recognition of protective factors and the network around the young person;
  • whether the person has a mental health care and safety plan, this can be established by contacting the Young person’s local CAMHS team;
  • if there is a need to refer the person to a specialist mental health service or Emotional Wellbeing being service for assessment, this is via a Single Point of access in some areas of Sussex CAMHS (sussexcamhs.nhs.uk).

Carry out concurrent physical healthcare and the psychosocial assessment as soon as possible after a self-harm episode.

Specific guidance in Primary care, care by ambulance staff and paramedics and social care are available in Overview – Self-harm: Assessment, Management and Preventing Recurrence Guidance (NICE).

6. Where Hospital Care is Needed

Where a child or young person requires hospital treatment in relation to physical self-harm, practice should be as follows, in line with the NICE Guidance Self-harm: Assessment, Management and Preventing Recurrence (NG225).

Initial assessment or Triage should establish the following as soon as possible:

  • the severity of the injury and how urgently physical treatment is needed;
  • the child/young person’s emotional and mental state and level of distress;
  • whether there is immediate concern about the child / young person’s safety;
  • whether there are any safeguarding concerns;
  • the person’s willingness to accept medical treatment and mental health care;
  • the appropriate nursing observations level;
  • whether the child / young person has a mental health care and safety plan.

Before discharge ensure that:

  • a plan for further management has been drawn up with all appropriate agencies and people;
  • a planning meeting with all appropriate agencies and people has taken place; and
  • arrangements for aftercare have been specified, including clear written communication with the primary care team.

There should be an age appropriate assessment by a mental health professional as soon as possible after arrival to complete a psychosocial assessment (See Section 7, Psychosocial Assessment).

Any child or young person who refuses psychosocial assessment or admission should be reviewed by a senior Paediatrician in Accident and Emergency and, if necessary, their management discussed with the on-call Child and Adolescent Psychiatrist and CAMHS liaison.

7. Psychosocial Assessment

This should be done with reference to NICE Guidance Self-harm: Assessment, Management and Preventing Recurrence (NG225).

Assessment should be undertaken by healthcare practitioners experienced in this field.

Assessment should follow the same principles as for adults who self-harm, but should also include a full assessment of the family, their social situation (including peer group and education), family history, the use of social media and the internet to connect with others and the effects of these on mental health and wellbeing, any caring responsibilities, child protection and issues.

Do not delay the psychosocial assessment until after medical treatment is completed

The psychosocial assessment should explore the functions of self-harm for the person and the strengths, vulnerabilities and needs. Including adverse childhood experiences.

Mental health professionals should undertake a risk formulation as part of every psychosocial assessment including considering if social care need to be part of this assessment.

If the young person is caring for a child or pregnant, the welfare of the child or unborn baby should also be considered in the assessment as should a consideration if this person is a young carer.

8. Children referred to Children’s Social Care

The child or young person may be a Child in Need of services (s17 of the Children Act 1989), which could take the form of an early help assessment or a support service or they may be at risk of significant harm, which requires child protection services under s47 of the Children Act 1989.

The referral should include information about the background history and family circumstances, the community context and the specific concerns about the current circumstances, if available.

9. Information Sharing and Consent

The best assessment of the child or young person’s needs and the risks they may be exposed to, requires useful information to be gathered in order to analyse and plan the support services.  In order to share and access information from the relevant professionals, the child or young person’s consent will be needed.

Professional judgement must be exercised to determine whether a child or young person in a particular situation is competent to consent or to refuse consent to sharing information. Consideration should include the child’s chronological age, mental and emotional maturity, intelligence, vulnerability and comprehension of the issues.  A child at serious risk of self-harm may lack emotional understanding and comprehension and the Gillick competence guidelines should be used.

Informed consent to share information should be sought if the child or young person is competent unless:

  • the situation is urgent and there is not time to seek consent;
  • seeking consent is likely to cause serious harm to someone or prejudice the prevention or detection of serious crime.

If consent to information sharing is refused, or can / should not be sought, information should still be shared in the following circumstances:

  • there is reason to believe that not sharing information is likely to result in serious harm to the young person or someone else or is likely to prejudice the prevention or detection of serious crime; and
  • the risk is sufficiently great to outweigh the harm or the prejudice to anyone which may be caused by the sharing; and
  • there is a pressing need to share the information.

Professionals should keep parents/carers informed and involve them in the information sharing decision even if a child is competent or over 16 as part of the triangle of care. Care and Safety plans should be shared with schools and social care if possible. However, if a competent child wants to limit the information given to their parents / carers or other does not want them to know it at all; the child’s wishes should be respected, unless the conditions for sharing without consent apply.

Where a child is not competent, a parent with parental responsibility should give consent unless the circumstances for sharing without consent apply.

10. Area Self Harm Pathways

Acute hospital trusts in Sussex should follow their internal trust pathway for self-harm and contact the Named Professionals within the trust for advice as required.

11. How to Respond to a Suspected Suicide

Please see Response to a suspected suicide chapter

12. How to Respond to a Potential Cluster of Suicides for those under 18 years

Please see Responding to a potential cluster of suicides for children and young people aged under 18 chapter

13. Further Information and Guidance

Suicide Prevention: Developing a Local Action Plan (UK Health Security Agency);

Overview – Self-harm: Assessment, Management and Preventing Recurrence Guidance (NICE);

Self-Harm in Young People: Information for Parents, Carers and Anyone who Works with Young People (Royal College of Psychiatrists);

The Truth about Self-Harm (Mental Health Foundation);

Suicide Prevention: Resources and Guidance (gov.uk);

Suicide by Children and Young People (HQIP);

CAMHS (sussexcamhs.nhs.uk);

Mind;

First Signs;

National Self-Harm Network;

Papyrus;

Get Connected.

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This policy was last reviewed in October 2021.

Date of next review October 2023.

1. Introduction

Substance misuse should be routinely explored within assessments of need and risk.

All substances, including alcohol, carry potential risks if mis-used. There is no safe limit for children and young people using alcohol and all substance use carries risks.

It is important for those working with children and young people to recognise that substance use in itself may not be problematic but to understand the factors contributing to making it so.

For the purposes of this guidance problematic use is looked at in terms of frequency, patterns of use, method of use, amounts used, social, emotional and physical effects and any other wider issues of vulnerability and risk.

Not all problematic use will need to be considered in terms of child protection processes but for some young people their problematic substance use, and related issues, will need to be considered as an issue of actual or potential Significant Harm.

2. Recognition

In terms of the recognition of problematic substance use, the following common indicators should be considered:

  • daily use;
  • daily use more than once a day;
  • missing overnight or returning home late;
  • excessive mood swings, which seem to follow periods of use;
  • marked deterioration in a young person’s mental wellbeing;
  • frequent tensions and complaints of money / property being taken without permission;
  • school absenteeism and/or exclusion from school in relation to substance use;
  • a sudden drop in educational attainment;
  • risky methods of use such as using alone, or in rare circumstances, injecting;
  • marked deterioration in physical health, with no clear explanation;
  • frequent contact with criminal justice system in relation to substance misuse;
  • frequent attendance at the A & E department;
  • rapid weight loss / gain;
  • sleeplessness;
  • drug debt;
  • giving up activities the young person previously enjoyed.

As with all general risk factors it is important to appreciate that there can be other reasons underlying the difficulties and careful assessment is needed.

Particular attention also needs to be given to vulnerable young people who are known to fall into groups where substance misuse is likely to be more prevalent. These are:

  • young people whose parents and carers have used problematically (Young people with parents addicted to drugs are at much higher risk of being exploited);
  • homeless and insecurely housed young people;
  • young people in or leaving care;
  • young people excluded or truanting from school;
  • young people involved in exploitation; see also Criminal and sexual exploitation including serious organised crime and gangs chapter;
  • young people with early developmental trauma;
  • young people with neurodevelopmental conditions (often undiagnosed);
  • disabled young people;
  • other minority groups such as young people who identify as lesbian, gay, bi-sexual or transgender;
  • young people experiencing mental health difficulties;
  •  children not in stable accommodation/between local authorities / sofa-surfing.

3. Links with Section 47 Enquires

There are a number of questions that can be asked when considering the need for a referral to Children’s Social Care as a child in need of protection.

  • Is the identified substance use unusual for a person of this age?
  • It is important to note that the normalisation of cannabis use by young people means that the risks of exploitation are often overlooked and local intelligence suggests that cannabis appears to be the gateway drug to exploitation in many but not all cases.
  • Is the child/young person withholding information about the extent of their substance use?
  • Does the young person have a mature understanding of the level and type of their substance use?
  • Is the substance misuse life-threatening or seriously detrimental to the child/young person’s physical or mental health?
  • Is the substance misuse becoming increasingly chaotic or dangerous?
  • Does the young person have complex problems that may put them at risk of suffering significant harm as a direct or indirect result of misusing substances?
  • Is the substance use leading to or indicative of crime or exploitation by others? See also Criminal and sexual exploitation including serious organised crime and gangs chapter.
  • Does the young person appear to be running up drug debts to dealers?
  • If the young person is a parent, how does the substance use or misuse impact parenting capacity?

If the young person has a combination of these factors in their problematic substance use then careful assessment using the four parameters outlined in the assessment section should be undertaken. It is important that professionals understand how to access their local specialist young people’s substance use team to make use of their specialist knowledge and skills.

4. Response

If it is felt that that the young person’s substance use has or is likely to become a child protection issue, the general processes laid out in this guidance with regard to referring to Children’s Social Care must be followed – see Making a Referrals chapter. If workers are not sure of the need for referral, consultation should always occur with Children’s Services and outcomes recorded.

Any agency concerned that the young person’s drug / alcohol use is a child protection matter must also refer to the young persons’ substance misuse service as well as Children’s Services. Direct work with the young person by a substance use team will require the consent of the young person first.

Workers in universal and targeted services should consult with the local young people’s substance use services in deciding whether a young person’s substance use is an issue of Significant Harm or escalating risk.  Where there are actual or potential issues of Significant Harm relating to a young person’s substance use this liaison and consultation must take place.

Certain vulnerable groups such as children of substance misusing parents for whom there may be a concern around whether or not they are using substances should always be referred to specialist services for joint assessment purposes, assuming they consent.

5. Confidentiality and Consent

The duty of confidentiality owed a young person under 16 is the same as that owed to any other person, but the right to confidentiality is not absolute.

Where there is a child protection risk (including within a contextual safeguarding context) associated with the young person’s substance use this outweighs the young person’s right to privacy – see Information Sharing and Confidentiality section. In these circumstances professionals should act in accordance with the Making a Referrals chapter.

A young person should be encouraged to accept a referral to specialist young people’s substance use services. Such services will consider how and what information about the young person’s substance misuse is shared with other agencies, e.g. the young person’s school. The young person should be helped to understand how, why and when the information will be shared.

In cases of potential Significant Harm relating to a young person’s substance use consideration will need to be given to the involvement of parents and carers, if they do not already know about or recognise the young person’s substance use as an issue of Significant Harm.

In relation to substance use the case law (Fraser Guidelines) suggests that young people using substances problematically may be less able to give informed consent.

6. Assessment

The ‘Four Parameters’ guidance below sets out a framework for identifying when a young person’s substance use may be actually or potentially a child protection issue.

6.1 The age and maturity of the child or young person

The younger the child, the more problematic it is to guarantee or maintain confidentiality. Given the problems of establishing competence, and therefore capacity to consent, young people under the age of 13 are unlikely to be offered confidential treatment for substance use and should have parental consent and/or involvement unless this puts them at further risk. It is possible that failure to inform parents/carers that a young person is misusing drugs could lead to a possible negligence action if the service failed to take sufficient action to protect the child from harm as a result of that drug misuse.

6.2 The degree of seriousness of drug misuse

The more serious the drug (or substance) misuse, the more likely it is that disclosure of confidential information to other agencies will have to be considered.  In deciding whether to disclose, the service must take into account the patterns and levels of drug taking, the risks of morbidity, mortality and health risks, and other risks such as involvement in crime and other behaviour linked with the substance misuse. The supply source of the young person’s drugs may also be important, particularly if he/she is at risk of exploitation or coercion.

6.3 Whether harm or risk is continuing or increasing

Harm from drug-taking needs to be assessed with consideration of past, present and potential future behaviour. If there is a clear risk to the child or young person arising from present behaviour, or evidence of an escalation of risk to an unacceptable level, it is important that the service takes steps to ensure the future safety of the child or young person.

6.4 General context in which drug taking is set

Where the child or young person has multiple problems, it is likely that they may be more at risk of misuse, having fewer protective factors available to them. Services must assess the child’s full circumstances and determine whether to disclose confidential information against the child’s wishes.

6.5 Drug debt entrapment

Children and young people who are being exploited by organised crime networks or county lines gangs can often run up drug debts as a form of trapping the child or young person into exploitation. If children or young people are in debt and it is unclear where it has come from this is very much a clear indicator of potential exploitation and needs to be referred to Children’s Services. In these circumstances professionals should act in accordance with the Making a Referral Procedure.

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Last reviewed in January 2025.

Next review January 2027.

See also – Criminal and sexual exploitation including serious organised crime and gangs and Child victims of modern slavery and trafficking

Amendment: This policy cross-references policies related to Child Victims of Modern Slavery and Trafficking and Criminal and Sexual Exploitation including Serious Organised Crime and Gangs due to the potential crossover with each separate policy.

1. Introduction

Children arrive into the UK from overseas every day. Many do so legally in the care of their parents and raise no concerns for statutory agencies. However, there are some children arriving into the UK who are:

Accompanied, that is:

  • in the care of adults who have no Parental Responsibility for them;
  • in the care of adults who have no documents to demonstrate a relationship with the child;
  • in the control of traffickers / agents.

Unaccompanied, that is they are:

  • alone.

Unaccompanied children, or those accompanied by someone who is not their parent, are particularly vulnerable. Many of these children and sometimes their carers will need assistance to ensure the child receives adequate care and access to services, such as health and education services.

Unaccompanied, internally displaced children may come to the UK seeking asylum or may be here to attend school or join their family. An unaccompanied child may be the subject of a Private Fostering arrangement, and subsequently exploited or abandoned when the arrangement fails. The possibility that some of these children might be classed as Privately Fostered should be kept in mind; seeChildren Living Away from Home chapter.

Some of these children may be exposed to the additional risk of all forms of exploitation – please see Criminal and Sexual Exploitation including Serious Organised Crime and Gangs chapter.

Immigration legislation impacts significantly on work under the Children Act 1989 to safeguard and promote the welfare of children and young people from abroad. The regulations and legislation in this area of work are complex and subject to constant change through legal challenge and case law. All practitioners need to be aware of this context. Legal advice on individual cases will usually be required.

Section Four of the Illegal Migration Act 2023 provides the most up to date information around Unaccompanied Asylum Seeking Children, in relation to removal by the UK Government.

Additional issues are likely to arise in relation to this cohort of children, whether or not they are found to be, or suspected of being, victims of trafficking or modern slavery. Additional considerations in all cases are likely to include issues such as immigration status, the need for interpreters and specialist legal advice. Some of these children may have been persecuted and have witnessed or been subject to horrific acts of violence.

Some children may say they are unaccompanied when claiming asylum – a trafficker may have told the child that in doing so they will be granted permission to stay in the UK and be entitled to claim welfare benefits.

A significant number of children who are referred to local authority care as trafficked children or unaccompanied asylum seeking children (UASC), often then go missing and many go missing within one week. It is thought that they are then trafficked internally, within the UK, or out of the UK to other European countries.

Whenever an unaccompanied child presents in a local authority area, all agencies dealing with the child should be alert to the possibility that the child may have been a victim of modern slavery, including the possibility that the child has been trafficked, and ensure that all relevant information about the child’s circumstances is communicated to Children’s Services.

Operation INNERSTE guidance published in October 2023 tells police forces and local authorities about the legislative powers and duties to follow when they encounter an unaccompanied migrant child. This guidance is about safeguarding unaccompanied migrant children whilst streamlining conflicting processes of different agencies into one agreed protocol to minimise exposure of the child to further trauma through unnecessary intrusiveness.

The key elements of INNERSTE are that Police Officers of Inspector rank and above are given powers under S.141 of the Immigration & Asylum Act 1999 to authorise Police Officers to take fingerprints from a person under the age of 16 who upon arrival in the UK fails to provide a passport with photograph or some other document satisfactorily establishing the child’s identity and nationality or citizenship. INNERSTE also provides Powers under Paragraph 18, Section 2, Immigration Act 1971 to obtain photographs for the purpose of establishing identity.

2. Scope

This policy is produced to assist staff in all agencies to:

  • understand the issues which can make children from abroad particularly vulnerable;
  • identify children from abroad who may be in need of protection;
  • know what action to take in accordance with their responsibilities.

The focus is primarily on child protection and on those children who are unaccompanied or who are accompanied or met by adults who have no documents to demonstrate their relationship with the child.

3. Principles

The key principles underpinning practice within all agencies in relation to unaccompanied children from abroad or those accompanied by someone who does not hold Parental Responsibility are:

  • children from abroad are children first – this can often be forgotten in the face of legal and cultural complexities;
  • children arriving from abroad who are unaccompanied or accompanied by someone who is not their parent should be assumed to be children in need, unless assessment indicates that this is not the case, and require referral to the Front Door / Integrated Front Door / SPOA.
  • assessment of need should include a separate discussion with the child in a setting where, as far as possible, they feel able to talk freely;
  • assessing the needs of children from abroad is only possible if their legal status, background experiences and culture are understood, including the culture shock of arrival in this country. The assessment should be conducted in the child’s first language and with an interpreter present;
  • the need to actively seek out information from other sources;
  • an avoidance of ‘interrogating’ the child.

4. Unaccompanied Asylum Seeking Children  (UASC) / Unaccompanied Minors (UAM)

4.1 Definition

The United Nations Convention on the Rights of the Child (1989) define a child as every human being below the age of 18 years.

A UASC / UAM is defined by the Home Office as:

  • an individual who is under 18;
  • arrived in the UK without a responsible adult or guardian and is not being cared for by a parent or guardian who by law or custom has responsibility to do so;
  • has no responsible adult or guardian in the UK;
  • is separated from parents or guardian and is applying for asylum in the UK including those who enter the UK accompanied but become unaccompanied during their stay. (Home Office 2016).

4.2 Spontaneous arrivals

Most young people who arrive in the UK are spontaneous arrivals, meaning they arrive in the UK in an unplanned way, and routinely present as follows:

  • at a port or airport i.e. Newhaven or Gatwick, having travelled in via air, or into the port most usually in the back of a lorry or other vehicle.
  • presenting at a local police station, local garage, place of worship, having travelled into the area in the back of a lorry or other vehicle, then dropped off near services
  • being reported to police by a member of the public as they have been identified as wandering alone and potentially at risk.
  • located by police or UK Border Force (UKBF) officers, during operations; for example, to address illegal activity and / or exploitation.

Any young person presenting at a port or airport who states they are under 18 years old, will first be responded to by UKBF officers, who will follow their process for dealing with a UASC / UAM, in order to safeguard them.

On all occasions where a UASC / UAM is located in Sussex, they will be engaged with by Sussex police and the officer/s dealing with the young person will do so in the most appropriate and proportionate way to ensure they are safeguarded. This could include the use of police protection powers, if appropriate.

Young people who say they are under 18 should not be taken to custody, instead they should be taken to the most appropriate alternative local police facility.

UKBF and police officers should contact Children’s Services in the area the child / young person presented, at the very earliest opportunity, to advise them there is a newly arrived young person in their care who is saying they are under 18 years old.

The young person will become the responsibility of Children’s Services in the area they present.

Once notified of an unaccompanied minor in their area, Children’s Services (daytime or EDS) will decide in line with their local policy for responding to spontaneous arrivals, and statutory duty to provide accommodation and care going forward.

If there is any doubt about the young person being an adult or a child, the benefit of the doubt must be given to them being a child, and they should be passed into the care of social workers in the respective local authority social work team. They should be placed into appropriate accommodation, without prejudice, until a full age assessment can be completed, in line with local policy and procedure, and the ADCS Age Assessment Guidance (good practice for social workers).

We are committed to safeguarding and supporting all young people who present as minors, ensuring they receive the care and protection they need. However, we recognise the challenges posed by young people who have been assessed as adults by UK Border Force and placed in adult accommodation, only to later present to a different local authority as minors.

While we acknowledge that social media and personal networks facilitate movement across regions, our priority remains the integrity of our safeguarding responsibilities and the fair distribution of resources. In cases where a young person has already undergone an age assessment by another local authority, it is essential that challenges to that decision are addressed through the appropriate legal channels within the original assessing authority. This approach ensures consistency, upholds due process, and allows us to maintain our capacity to support those who have not yet been assessed.

The decision to undertake a full age assessment is one for Children’s Services to make.

This route to being accommodated happens under Section 20 (S.20) of the Children Act (1989) in the absence of a parent or guardian to give consent, which will mean they become a Looked After Child.

S.20 outlines the duty of the local authority to accommodate a child in need; the criteria are that a child requires accommodation because there is no one with parental responsibility for them, because they are lost or have been abandoned, or because the person who has been caring for them is prevented from providing them with suitable accommodation or care. Regardless of immigration status, a UASC in the UK is a child in need at the point they present, and are, therefore, eligible for S.20 support.

4.3 Planned arrivals

All local authorities have their own their local agreement and processes to be followed – these will vary from area to area.

The Department for Education and Home Office updated the National Transfer Scheme Protocol for Asylum Seeking Children in August 2023 following a direction by UK Government in in February 2022 for all local authorities to play their part in accommodating UASC.

4.4 Children or young people arriving with, or to be with, an adult who is not the parent

Children who arrive in the UK with or to be with carers without parental responsibility may have leave to enter the country or visas or they may be in the UK unlawfully. When an unaccompanied child or child accompanied by someone who does not have parental responsibility comes to the attention of any practitioner a referral should be made to Children’s Services. Children’s Services will have responsibilities towards them if they are assessed to be in need. If that is the case support and accommodation can be provided by Children’s Services for the child, and may also be provided for the family, if otherwise the family would be destitute. The local authority assumes parental responsibility for the child and is bound by the same responsibilities as they would have for any other looked after child. This also includes care leaving support once a young person reaches 18 if they qualify. This support can extend up to a young person’s 25th birthday dependent on their immigration status. In addition, Children’s Services will have responsibilities towards the child if they are privately fostered.

Whereas many carers may be genuine and provide good care for the children/young people, in other cases children and young people will be with adults who are barely known to them or who present a risk. The risk may be directly from the adult or from trafficking and exploitation.

It is essential to assess the attachment and bonding between the child or young person and the adult who is not a parent. The identity of the adult should be sought and full police (UK , country of origin and countries travelled through) and Border Force checks should be carried out to ascertain additional information pertaining to whether the adult may pose a risk to them child. Consideration should be given to removing the child from the adult’s care until professionals are satisfied that the relationship is genuine.

Wherever possible, the details of the parent are to be obtained, and, if possible, contact made with the parents to ascertain their account as to why the child or young person is in the care of another person. It should not be presumed that a parent who is living abroad cannot be contacted unless this has been established by actively seeking to do so.

A child arriving from abroad who is unaccompanied or accompanied by someone who is not their parent should be assumed to be a child in need unless assessment indicates that this is not the case. The assessment of need should include a separate discussion with the child in a setting where, as far as possible, they feel able to talk freely.

5. Identification and Initial Action

The first contact with the child and carers is crucial to the engagement with the family and the promotion of trust which underpins the future support, advice and services.

Whenever any professional comes across a child who they believe has moved into this country the following basic information should be sought, a gentle approach is required when ascertaining the:

  • child’s identity, age and immigration status;
  • carer’s relationship with the child and their immigration status;
  • child’s health and education arrangements in this county.
  • child’s health and education arrangements in the country of origin and any other country that the child has travelled through.

Further information is available on the UASC Health website.

When children arrive in the UK without an adult, they are considered to be unaccompanied minors. When an unaccompanied child or child accompanied by someone who does not have Parental Responsibility comes to the attention of any practitioner, a referral should be made to the local Children’s Services . An Assessment will be undertaken in order to determine whether they are a Child in Need of services, including the need for protection.

Whether they are unaccompanied or accompanied by someone who is not their parent they should be assumed to be a Child in Need unless assessment indicates that this is not the case. The assessment of need should include a separate discussion with the child in a setting where, as far as possible, they feel able to talk freely. This may be a complex process where the assessor may not be able to speak the same language as the child.

Practitioners should explore whether there are any friends or family that could look after the child and relevant assessments carried out.

If there is no family or friends available these children should be looked after by the local authority. For the majority of these children there is no need to apply for a care order and they can be looked after under s20 Children Act 1989 – see Section 6, Parental Responsibility.

Any unaccompanied children arriving in the UK from overseas, without appropriate visa’s do not have a legal right to be in the country. Children, however, cannot be deported before they are 18 and the local authority’s duty to provide support stands.

The vast majority of these children will have the right to make a claim for asylum and they should be supported through this process by their social worker who will make referrals to the Home office and to solicitors to initiate this process.

Whilst the Home Office considers a child’s application for asylum, they will be given a Asylum Registration Card and will be granted UASC (unaccompanied asylum seeking child) leave. Whilst the Home Office is considering the application the child will be unable to work and will be entirely reliant on the Local Authority for financial support.

6. Parental Responsibility

The Children Act 1989 is built around the concept of Parental Responsibility. This legal framework provides the starting point for considering who has established responsibility and duties towards a child.

In some cultures, child rearing is a shared responsibility between relatives and members of the community. Adults may bring children to this country whom they have cared for most of their lives, but who may be unrelated or ‘distantly’ related.

An adult whose own immigration status is unresolved cannot apply for a Child Arrangements Order to secure a child for whom they are caring for.

Children whose parents’ whereabouts are not known have no access to their parents for consent when making important choices about their life. Whilst their parents still have Parental Responsibility, they have no way of exercising it.

Children who do not have someone with Parental Responsibility caring for them can still attend school, and schools are strongly encouraged to be pragmatic in allowing the carer to make most decisions normally made by the parent.

Such children are entitled to health care and have a right to be registered with a GP. If there are difficulties in accessing a GP, the local Integrated Care Boards should be contacted to assist.

Emergency life-saving treatment would be given if required. However, should the child need medical treatment such as surgery or invasive treatment in a non life-threatening situation, the need for consent would become an issue and legal advice would be required.

Children’s Specialist Services have statutory duties where the child is deemed to be privately fostered (see Children Living Away from Home chapter).

Some carers / parents are eligible to claim benefits for their child, but this is dependent upon immigration status.

7. How to Seek Information from Abroad

Professionals from all key agencies – Health, Education, Children’s Services and the Police – should consider requesting information from their equivalent agencies in the country or countries in which a child has lived, in order to gain as full as possible a picture of the child’s preceding circumstances.

Before doing so, professionals should take time to acquaint themselves with the situation in a child’s country and to develop an understanding of the regional and cultural context.

Care should be exercised as to the weight given to any information from abroad when it comes to analysis and conclusions or indeed if there is no information. Information may be partial, collected within a certain context or written with an agenda for example.

8. Assessment

The assessment has to address not only the barriers which arise from cultural, linguistic and religious differences, but also the particular sensitivities which come from the experiences of many such children and families.

The needs of the child have to be considered, based on an account given by the child or family about a situation, which the professional has neither witnessed nor experienced. In addition, it is often presented in a language, and about a culture and way of life, with which the professional is unfamiliar.

The views of the child / young person should always be interviewed alone in order to establish the following:

  • their understanding of the situation;
  • their knowledge of the adults with who they are travelling;
  • their relationship to the adults with whom they are travelling;
  • their wishes and feelings.

It is vital that the services of an interpreter are employed in the child’s first language and that care is taken to ensure that the interpreter knows the correct dialect. Agencies should ensure that the interpreter shares a common language with the child, is professionally trained and has been screened through a DBS check.

The child should be offered an Independent Visitor and, if they decline, their reasons should be recorded. Any Independent Visitor appointed should have appropriate training and demonstrate an understanding of the needs faced by unaccompanied or trafficked children.

Particular sensitivities which may be present include:

  • concerns around immigration status;
  • fear of repatriation;
  • anxiety raised by yet another professional asking similar question to ones previously asked;
  • lack of understanding of the separate role of children’s social care, and that it is not an extension of the police;
  • lack of understanding of why an assessment needs to be carried out;
  • previous experience of being asked questions under threat or torture or seeing that happen to someone else;
  • past trauma – past regime/experiences can impact upon the child’s mental and physical health. This experience can make concerns from the authorities about minor injury or poor living conditions seem trivial and this mismatch may add to the fear and uncertainty;
  • the journey itself as well as the previous living situation may have been the source of trauma;
  • the shock of arrival – the alien culture, system and language can cause shock and uncertainty, and can affect mood, behaviour and presentation;
  • children being groomed / coerced / scripted into what to say to professionals to avoid raising suspicions of trafficking, exploitation or criminality by the adult accompanying them.

In such circumstances, reluctance to divulge information, fear, confusion or memory loss can easily be mistaken for lack of cooperation, deliberate withholding of information or untruthfulness.

Professionals should ensure that the engagement with the child is planned and thought through. This will provide opportunities to expand on the initial contact. The ethnicity, culture, customs and identity of this child must be a focus whilst keeping this child central to the assessment.

The assessment should take account of any psychological or emotional impact of experiences as an unaccompanied or trafficked child, and any consequent need for psychological or mental health support to help the child deal with them.

Seeking information from abroad should be a routine part of assessing the situation of an unaccompanied child. Practitioners from all key agencies – health, education, children’s social care and the police – should all be prepared to request information from their equivalent agencies in the country or countries in which a child has lived, in order to gain as full as possible a picture of the child’s preceding circumstances.

Other factors to consider are:

  • the child’s developmental needs ­– consider impact of trauma and loss; education, if any; self-care skills should not be judged by comparing a child or young person of the same age in this country; physical appearance may be affected by lack of nourishment; perceptions of disability; impact of racism;
  • parenting capacity – consider mobility due to war, famine, persecution; stability of family unit may be more important than home; motive for giving up a child isn’t necessarily rejection; talking about family can be stressful and painful; additional issues of parenting a child conceived through rape;
  • family and environmental factors – consider importance of economic and social hardship; family history and functioning may have included the loss of previous high status as well as periods of desolation.

Where the Assessment indicates that a child may have suffered, or is likely to suffer, significant harm, the child’s welfare must be safeguarded.

During the Assessment, additional factors need to be taken into account:

  • perceptions of authority, and the role of the police in particular;
  • the additional implications of deciding to prosecute for a family where deportation is a real threat;
  • balancing the impact of separation on a child with the likely history of separation / disruption;
  • judgements about childcare practices in the context of such different cultural backgrounds and experiences.

Where the Assessment indicates that a child may have suffered, or is likely to suffer, significant harm, the child’s welfare must be safeguarded.

During the Assessment, additional factors need to be taken into account:

  • perceptions of authority, and the role of the police in particular;
  • the additional implications of deciding to prosecute for a family where deportation is a real threat;
  • balancing the impact of separation on a child with the likely history of separation / disruption;
  • judgements about child care practices in the context of such different cultural backgrounds and experiences.

9. Trafficking of Children

Please see Child Victims of Modern Slavery and Trafficking chapter

10. Independent Family Returns Panel

The Secretary of State must consult the Independent Family Returns Panel in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.

A family returns case is a case where a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, together with their parent / carer.

Pre-departure accommodation is a secure facility designed to be used as a last resort where families fail to co-operate with other options to leave the UK, such as the offer of assisted voluntary return.

The Panel may request information in order that any return plan for a particular family has taken into account any information held by other agencies that relates to safeguarding, welfare or child protection. In particular a social worker or manager from Children’s Social Care may be invited to contribute to the Panel.

11. Referring a Potential Victim of Modern Slavery to the National Referral Mechanism (NRM)

In cases where a child displays indicators that they may have been trafficked, whether from overseas or within the UK, practitioners have a duty to refer the case to the relevant competent authority via the National Referral Mechanism. All children under the age of 18 must be referred.

11.1 Duty to Notify

See also Modern Slavery: Duty to Notify (gov.uk). Public authorities have a duty to notify the Secretary of State about suspected victims of slavery or human trafficking.

The ‘duty to notify’ provision is set out in Section 52 of the Modern Slavery Act 2015, and applies to the following public authorities in England and Wales at the time of publication (additional public authorities can be added through regulations):

(a) a chief officer of police for a police area,

(b) the chief constable of the British Transport Police Force,

(c) the National Crime Agency,

(d) a county council,

(e) a county borough council,

(f) a district council,

(g) a London borough council,

(h) the Greater London Authority,

(i) the Common Council of the City of London,

(j) the Council of the Isles of Scilly,

(k) the Gangmasters Licensing Authority.

Home Office staff within UK Visas and Immigration, Border Force and Immigration Enforcement are also required, as a matter of Home Office policy, to comply with the duty to notify.

12. Children returning from Syria

Over the last few years, a number of British children have travelled to Syria either on their own initiative or were taken there by their parents. Having lived in a war zone, the majority of these children are likely to have been exposed to terrorism and extremist ideology and witnessed incidents that will almost certainly have had an impact on their mental and emotional development.

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1. Introduction

Children and young people should not be kept in police custody following charge and if they cannot go straight to court must be transferred to Local Authority Accommodation. The only exception is where the young person is assessed as likely to cause serious physical or psychological injury to someone before they appear at court. This only relates to murder or Schedule 15 offences such as manslaughter, grievous bodily harm, robbery or rape. Then a request should be made for the provision of secure accommodation. However, the Local Authority does not have to provide secure accommodation and if it cannot (or does not accept the need) then the young person must still be transferred unless serious harm to the public would occur.  The Local Authority can place a young person at home or anywhere they decide is suitable.

In Sussex the aim is that no young people are held in the cells overnight where bail or transfer is an option. In terms of young people transferred to the Local Authority for appearance in Court the following day. The aim is that Police will give strong consideration to only refusing the bail for the reasons set out under Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). See Appendix 1: Youth Detention Accommodation (YDA) Remand.

2. Background

The law already recognises that police cells are not a suitable place for young people. The Police and Criminal Evidence Act 1984 requires the transfer of young people who have been charged and denied bail to more appropriate Local Authority Accommodation, with a related duty in the Children Act 1989 for local authorities to accept these transfers. In 1991 the UK ratified the UN Convention on the Rights of the Young person, agreeing that custody be used “only as a measure of last resort and for the shortest appropriate period of time”.

Despite this, failings have been identified by Her Majesty’s Inspectorate of the Constabulary (The welfare of vulnerable people in custody, March 2015), the All Party Parliamentary Group for children (“It’s all about trust”: Building good relationships between children and the police, October 2014), the Criminal Justice Joint inspection and the Inspection of Youth Offending (Who’s looking out for the children?: A joint inspection of Appropriate Adult provision and children in detention after charge, December 2011) and the Howard League for Penal Reform (The overnight detention of young person in police cells, 2011). It is clear that, in many cases, the law is not being followed and young people are not receiving the support to which the law entitle them.

As a result, the Home Office have developed a Concordat that recognises that we must work together to ensure that legal duties are met.

3. Purpose of Protocol

Under section 21 (2) (b) of the Children Act 1989 every local authority must provide accommodation for children whom they are requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984. There is an absolute duty on the Local Authority to provide accommodation where it is sought by the Police (see R (on the application of M) v Gateshead Council, 2006).

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, D and H) Order 2017 came into effect in 2017. The Order brought into force three revised codes of practice under the Police and Criminal Evidence Act 1984 (PACE), which supersede the pre-existing Codes of Practice. The revisions to Code C and Code H implement amendments to PACE made by the Criminal Justice and Courts Act 2015 (CJCA), which defines a “juvenile” for the purpose of detention as a person who is under the age of 18, rather than under the age of 17. This now requires a 17 year-old to be treated as would be a 16 year-old rather than an adult of 18 years or over.

Under section 38 (6) of the Police and Criminal Evidence Act 1984, (which deals with police detention of arrested ‘juveniles’), a young person must be transferred to Local Authority Accommodation unless it is impracticable to do so. ‘This applies as much to those young people charged during the daytime as it does to those to be held overnight, subject to a requirement under section 46 of the Police and Criminal Evidence Act 1984 to bring the young person before a Court.’ (PACE Code of Practice C note 16D).

2 PACE Codes of Practice C note 16.7: When a juvenile is charged with an offence and the custody officer authorises their continued detention after charge, the custody officer must try to make arrangements for the juvenile to be taken into the care of a local authority to be detained pending appearance in court unless the custody officer certifies it is impracticable to do so or, in the case of a juvenile of at least 12 years old, no secure accommodation is available and there is a risk to the public of serious harm from that juvenile, in accordance with PACE, section 38(6). See Note 16D

The circumstances giving rise to being ‘impracticable’ are narrow. It does not:

a) relate to the availability of local authority accommodation or transport;

b) relate to the nature of the accommodation offered by the local authority;

c) relate to the young person’s behaviour or the nature of the offence, or;

d) mean ‘difficult’ or ‘inconvenient’.

Rather, ‘impracticable’ should be taken to mean that exceptional circumstances render movement of the young person impossible. This must be judged on a case-by-case basis, and a decision of no transfer due to impracticability should be cleared by a Duty Inspector. Home Office circular 78/1992 states this would include extreme weather and repeated efforts to contact the Local Authority with no response but not lack of accommodation or staff.

If the decision is made that transfer is impracticable, the Custody Officer must carefully record the reasons behind this decision on the PACE 38(7) certificate (a standard template of this form is attached at Appendix 2). The completion of this certificate is a requirement under section 38 (7) of the Police and Criminal Evidence Act 1984. It must be presented to the court before which the young person appears. Courts have a duty under PACE to receive and review this certificate, and are now able to flag apparent or suspected failures to the responsible police force via an Online Flagging Mechanism (more information on this mechanism can be found in Annex D). This sends the relevant Arrest Summons Number (ASN) to a dedicated inbox at the responsible force, allowing the force to review the case and determine whether failures took place. Neither a young person’s behaviour nor the nature of the offence provide grounds for the Custody Officer to decide it is impracticable to arrange the ‘juvenile’s’ transfer to Local Authority care.

The exception to the duty to transfer young people aged 12-16 involves requests for secure accommodation where placement in non-secure Local Authority Accommodation ‘would not be adequate to protect the public from serious harm’*. (‘Serious harm’ in this context is taken to mean ‘death or serious personal physical or psychological injury’.)

*Note 16D: Except as in paragraph 16.7, neither a juvenile’s behaviour nor the nature of the offence provides grounds for the custody officer to decide it is impracticable to arrange the juvenile’s transfer to local authority care. Similarly, the lack of secure local authority accommodation does not make it impracticable to transfer the juvenile. The availability of secure accommodation is only a factor in relation to a juvenile aged 12 or over when the local authority accommodation would not be adequate to protect the public from serious harm from them. The obligation to transfer a juvenile to local authority accommodation applies as much to a juvenile charged during the daytime as to a juvenile to be held overnight, subject to a requirement to bring the juvenile before a court under PACE, section 46.

The risk of serious harm must relate to the specific period prior to the Court hearing in which case the police should request the Local Authority to provide secure accommodation. If this is not available, the young person may then be detained at the Police Custody Centre pending their Court appearance.

There is no absolute duty on the Local Authority to provide secure accommodation if such accommodation is requested by a Custody Officer when discharging their duty under section 38(6) of PACE. The Custody Officer should explain why the young person poses a risk of death or serious injury to the public. The lack of secure Local Authority Accommodation does not make it impracticable to transfer the juvenile.  Transfer is impracticable only in circumstances making it physically impossible. The availability of secure accommodation is only a factor in relation to a juvenile aged 12 or over when the Local Authority Accommodation would not be adequate to protect the public from serious harm from them.  (The Local Authority does not have to provide secure accommodation and, if it cannot, the young person must still be transferred unless serious harm to the public would occur).

A young person transferred under these provisions for more than 24 hours is ‘looked after’ for the purposes of the Section 22, Children Act 1989 and leaving care legislation. Placement is at the discretion of the Local Authority and there is nothing precluding a return to the family home, although in determining how such young people are to be accommodated, the Local Authority needs to have regard to the fact that the Custody Officer has not authorised the young person’s release. Also the young person remains detained and it is the responsibility of the placement to report unauthorised absence immediately.

Where secure accommodation is available, the Local Authority must also satisfy itself, independently of the police assessment, as to the risk of serious harm and that the statutory provisions (section 25 (1) Children Act 1989) which allow placement in secure facilities are met.

Where a young person is detained in custody pending their court appearance the reasons must be recorded on the custody record and the custody officer must complete a certificate (Appendix 2) to be produced before the court. The Local Authority must be spoken to about this decision and acknowledge it. The certificate must be emailed to the relevant YOS/YOT email address upon completion as well as saved onto the relevant Niche record.

Young people arrested for breach of bail or on a warrant are not eligible for transfer to local authority accommodation.

4. Local Authorities and Secure Accommodation

When the Police decide whether to request secure accommodation for a young person, they employ their own test: Does the young person pose a risk of serious harm to the public?

Under section 25 of the Children Act 1989, Local Authorities also have minimum criteria that a young person must meet in order to be placed in secure accommodation. The young person may only be lawfully detained in such accommodation if the Local Authority believes:

  1. that:
    • they have a history of absconding and is likely to abscond from any other description of accommodation; and
    • if they abscond, they are likely to suffer significant harm; or
  2. that if they are kept in any other description of accommodation they are likely to injure themselves or other persons.

Although the tests employed by Police and Local Authorities vary slightly, a young person who meets the Police criteria is also likely to meet the Local Authority criteria, due to the risk of causing harm. (It should be remembered that the assessment is not of whether the young person is generally capable of causing harm, but of whether they are likely to cause harm in the period between being charged and appearing at Court).

If a situation arises where a Local Authority disagrees with a Custody Officer’s assessment of risk and feels the local authority cannot lawfully meet the criteria for secure accommodation under the Children Act, the matter should be escalated as quickly as possible under whatever local arrangements are in place. A decision must be reached as to the required accommodation.

There may also be circumstances in which the Police request non-secure accommodation, but the Local Authority feels that secure accommodation is needed. After accepting a request for non-secure accommodation, it is for the Local Authority to determine which type of accommodation is most appropriate: secure accommodation is one of the options available. However, the law does not recognise a situation where the Police request non-secure accommodation, but the Local Authority refuses to provide any accommodation because they believe secure accommodation is more appropriate. Police requests for non-secure accommodation must always be accepted regardless of the type of accommodation the Local Authority then decides to place the young person in.

5. Summary

Young people should not be held in custody for court the next day unless there is a risk to the public of serious harm from the juvenile or it is for their own protection.

Young people aged 18 or under should be transferred to Local Authority Accommodation unless it is impracticable to do so.

Impracticable circumstances do not include the young person’s behaviour or the nature of the offence.

There is no absolute duty on the Local Authority to provide secure accommodation.

If the Custody Officer request secure accommodation for reasons other than the risk of serious harm; then the young person should still be transferred to Local Authority Accommodation, even when secure accommodation is not available.

If the young person meets the criteria to require secure accommodation due to the risk of serious harm, and secure accommodation is not available, the young person may then be detained at the Police Station.

The exception for this is where there is a request for secure accommodation where the placement in non secure Local Authority Accommodation would not be adequate to protect the public from serious harm. The final decision on this would be a Police decision. If the young person meets the criteria to require secure accommodation due to the risk of serious harm, and secure accommodation is not available, the young person may then be detained at the Police station

It is the Local Authority’s decision as to where the young person is placed. This will at times include placing the young person back home with their parents/carers.

Young people arrested for breach of bail or on a warrant are not eligible for transfer to Local Authority Accommodation.

6. Process

When a young person comes into Police Custody the Custody Sergeant should let the YOT or Children’s Services EDS know as soon as possible where there is likely to be an accommodation issue at the conclusion of the investigation. This is not making any judgement on the case or the outcome. It will however enable the YOT/S and Children’s Services to start to identify potential placements if there is a necessity for the young person to be transferred to Local Authority Accommodation. This will also allow the time to assess whether returning the young person home will be a suitable option.

7. Decision before Bail is Refused

In Sussex we are looking to bail young people to the next Youth Court whenever possible. Young people have historically been kept overnight in Police Custody and presented to the next Remand Court the following morning. In the majority of cases the young person is then given either conditional or unconditional bail to the next Youth Court.

The Sussex YOTs may be able to offer a bail package to the police to support their decision to bail the young person to the next Youth Court. This would only be considered as an alternative where there is a potential for the young person to be refused bail after charge. The package must be discussed and agreed with the YOT/S. The bail package will include reporting to the YOT office the next working day, receiving an assessment of their needs and risks, and reporting as required. The consequences of not complying with this package will be explained to the young person and their parents i.e. Breach of Court Bail condition. Compliance will be reported to the youth court and is likely to have an impact of the courts future bail decisions.

8. The Power to Detain will be Transferred to the Local Authority

When a Police Officer believes that the young person cannot be bailed to the next Youth Court and instead decides to charge and transfer the detention to the Local Authority when they hand over the young person, they also transfer the power to lawfully detain that young person to the Local Authority:

Simultaneously, section 39(4) emphasises that, at the point of transfer to the Local Authority, Police Custody Officers’ responsibility for the young person ceases entirely.    

It is important that Local Authority staff remain conscious of the level of responsibility that this transfer of power places upon them. A Custody Officer has taken the decision that this young person must be held in lawful custody until their appearance at Court; following the transfer, Local Authority staff are accountable for ensuring that this lawful custody is upheld. They become the custodians, with the same legal responsibility toward the young person as a Police Custody Officer has toward a detainee in a Police cell. This includes the duty to transport the young person to Court.

When transferred from Police Custody to Local Authority Accommodation (especially non-secure accommodation), the opportunities for a young person to abscond are likely to increase. It may also appear to the young person that the nature of their detention has become less serious and that absconding from Local Authority Accommodation is different to escaping from a police cell. Legally, this is not the case. If the young person absconds they are committing the serious offence of “escaping lawful custody”.

It is important that the young person is made to understand this: firstly in order to prevent genuine misunderstandings leading the young person into more difficulties, and secondly to ensure that any subsequent charge of escaping lawful custody is justifiable, as it will likely rely on evidence that the young person understood the terms and nature of their detainment.

It is therefore essential that the nature of the detainment is clearly emphasised and explained to the young person when the handover from Police to Local Authority takes place.

As the young person is transferred from the Police to the Local Authority, the Police Officer should – in the presence of Local Authority staff – inform the young person of the following:

You have been charged with [offence] and you have to appear at court on [date]. You have been refused bail, which means that you have to stay in custody until your court date. If you were an adult, you would stay in the police cells until then, but because you are under 18 years of age, the local authority is going to look after you until your court appearance. The local authority will decide where you will stay until then.

It is very important that you understand that you are still in custody: this means that you must stay where you are told to go by the local authority and can only go out with their permission. If you do leave without permission, the local authority will tell the police and you will get into more trouble, just as if you had run away from the police station. Do you understand?      

The Police Officer and the Local Authority staff should be satisfied that the young person has understood these points, offering further explanation if necessary.

9. When the Request is made by the Police during Normal Working Hours (9am – 5pm)

The request for transfer will be made to the YOT. The YOT will then liaise with Children’s Services regarding potential placements and arrangements.

9.1 Contact details

Brighton and Hove YOS

Tel: 01273 296169; email: [email protected]

East Sussex YOT

Tel: 01323 466633; email: [email protected]

West Sussex Youth Justice Service

Tel: 0330 2223336; emails: [email protected] / [email protected]

10. When the Request is made by the Police out of hours (5pm – 9am)

The request for transfer will be made to Emergency Duty Service (EDS). As a result of the early communication between Police and YOT/S during office hours, EDS should have been passed information from YOT/S of the possibility of a young person needing to be accommodated.

Where a transfer to Local Authority Accommodation is not made a copy of the certificate should be produced to the Court and sent by secure email to the relevant YOT at the address contained in the certificate (see Appendix 2).

Where a young person is transferred to Local Authority Accommodation it is the responsibility of Children’s Services staff or their representatives to ensure that the young person is escorted to Court the following day. The YOT Court Officer should ensure that the young person is dealt with by the Court as soon as possible.

11. When a Young Person Absconds

When a young person is refused bail and transferred to the responsibility of Local Authority into non secure accommodation, they must be reminded that it is a requirement for them to remain with the placement until they are taken to Court the next day and that if they abscond from the placement they will be considered as ‘escaping lawful custody’. It will be the responsibility of the placement to notify the Police as soon as the young person absconds. The carer will need to report the matter to the Police by calling 999 immediately.

If the young person is placed at home or with family, they must report this in the same way. It will be explained to them that failure to do this will have an impact of whether this arrangement would be assessed as suitable in future bail arrangements. A written agreement will be drawn up and signed by the family.

Should the young person abscond and not return or be located before the Court appearance the following day, the YOT officer will report the circumstances to the Court and an arrest warrant may be considered.

12. Court Responsibilities

Where a young person aged 17 or under is detained in custody overnight and produced to Court, a copy of the certificate should be made available to the Court stating the reasons why a transfer to Local Authority Accommodation was not made.

Where a detained young person is produced to Court from Local Authority Accommodation, the Court should ensure that the young person is dealt with as soon as possible.

13. Out of Area Children and Young People

There will be situations where children and young people who are not the responsibility of one of the local Children’s Services are arrested and held in Police Custody overnight. Their welfare needs to be considered by the local Children’s Services in consultation with their home Local Authority. This is another reason why the early notification of the possibility of bail being refused is essential.

Sussex also hosts a large number of residential accommodation units which provide homes for children and young people from other Local authorities. Many of these children and young people are vulnerable with complex needs. We are aware that a high proportion of young people being held overnight are CLA to other authorities. The placing Local Authority will be contacted as soon as possible to ensure they are involved with the potential transfer options and responsibilities.

14. Monitoring

The delivery and effectiveness of these protocols will be overseen by the YOT Management Boards. Pan Sussex audits will be undertaken by quarterly scrutiny panels.

Appendix 1: Youth Detention Accommodation (YDA) Remand

Where the young person is 12 years old

  • Section 98(1)(a) Age – 12;
  • (b) Offence condition – violent or sexual or grave crime (14 years or more for adult);
  • (c) Necessity –after considering all remand options only adequate means of protecting public from death or serious personal injury (whether physical or psychological) or prevent commission by child of imprisonable offences;
  • (d) Legal Representation condition.

Where the young person is over 12

  • Section 99(1)(a) If age over 12 (2);
  • Sentencing condition 99(1)(b)- ‘real prospect’ of receiving a custodial sentence (3);
  • Offence condition 99(1)(c) one or more imprisonable offences (4);
  • History condition 99(1)(d) recent history of absconding on remand and one of alleged offences is while child is on remand or recent history of committing imprisonable offences on remand(5);
  • Necessity condition 99(1)(e) as above (6).

Appendix 2: Certificate of Detention of a Juvenile

Certificate of Detention of a Juvenile

Appendix 3: Flowchart – Young People in Police Custody

Flowchart – Young People in Custody (opens as pdf)

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Please also see – Pre-birth Planning Processes for Care Leavers (video). This has been developed with the help of two care leavers from Sussex, to raise awareness of the new processes and why they were introduced. The video is aimed at maternity services but the processes themselves are aimed at all professionals working with pregnant women and their families. 

1. Introduction

This protocol applies to all professionals working with care leavers who are expectant parents. This includes partners of the expectant person, even if they are no longer in a relationship.

This protocol does not replace current procedures and processes in relation to unborn children however, it provides a variation in respect to the possible need for early intervention for care leavers with whom we have Corporate Parenting responsibility for and soon to be Corporate Grandparents.

Care Leavers often do not have extensive support from family and friends and whilst many go on to parent children without intervention from social care, others may need extra support or experience difficulties. Given their care leaving status, young people who have lived through the care system can be particularly fearful of any assessment process therefore across Sussex we want to offer joined-up solutions with our professional partners to better assist this process.

When a care leaver announces they are expecting a baby, either as the expectant pregnant person or their partner, the lead agency involved will take the time to identify need, and any potential concern, to consider the need for a Pre-Birth Assessment for the Unborn child, alongside a support plan of their own.

There is considerable consensus among practitioners the early stage of pregnancy is a celebratory time, attention to the language used, transparency, measured and change-orientated action, alongside continued exploration to our young people’s own histories and how this may impact on their ability and willingness to engage with services, constitute best practice.

2. Principles

The principles that underpin this protocol:

  • to eliminate any form of discrimination experienced by our care leavers who are about to become parents;
  •  to ensure care leavers are appropriately supported throughout the pregnancy and into parenthood;
  •  facilitate a joined-up decision making process that involves the lead agency known to the young person;
  •  to consider how, from a multi-agency perspective, time and space is given to explore ways to overcome barriers and maximise the opportunity for care leavers to build meaningful and proactive relationships with all partner agencies;
  • to set standards of good practice.

3. Process for Care Leavers

Young people aged 18-25 open to the Leaving Care Team. This applies to either parent of the unborn child, not just the expectant pregnant person.

Click here to view Flowchart – Pregnant Young People aged 18-25 Open to the Leaving Care Team – opens as a pdf

Young people aged 21+ and closed to the Leaving Care Team. This applies to either parent of the unborn child, not just the expectant pregnant person.

Click here to view Flowchart – Pregnant Young People 21+ closed to the Leaving Care Team – opens as a pdf

If the threshold for social care intervention has been agreed for the unborn baby, they will be opened to Social Care to allow for a pre-birth assessment take place.

4. Package of Support available to all Expectant Parents within Brighton and Hove

Baby Box Project

Box of items up to the value of £50 for new-born baby including nappies, first aid kit, blankets, toiletries etc.  One off grant of £200 to purchase item/s of choice for new-born baby

Parent and Baby Group

Weekly group available for all care leavers and their children up to school age, held at Tarner Children Centre.  Tea, coffee and snacks available plus access to indoor and outdoor activities

Bright PiP

Offer of 1:1 support from psychologist to support care leavers becoming and being parents with children up to age of 3.

Psychologist from the charity attends our Parent and Baby group every three weeks to meet parents in group setting

We are currently developing workshops both in person and online to reach a wider audience

5. Safer Sleeping

5.1 Importance of Safer Sleep Conversations

It is crucial for social workers and practitioners to engage in meaningful conversations with parents and carers of babies and very young children about safer sleep practices. Sudden Infant Death Syndrome (SIDS), though rare, can often be prevented through informed and proactive measures. Educating parents and carers on how to reduce the risk of SIDS is a vital aspect of safeguarding infants.

Safer Sleeping- 9 Minute Briefing (opens as a pdf)

Every Sleep must be a Safe Sleep – SUDI STOP Information (opens as a pdf)

5.2 Reducing the Risk of SIDS

To reduce the risk of SIDS, practitioners should convey the following key recommendations from The Lullaby Trust:

  • always place babies on their backs to sleep, both during day and night;
  • ensure the baby’s head is uncovered while sleeping;
  • use a firm, flat, and waterproof mattress in good condition;
  • keep the baby in a smoke-free environment before and after birth;
  • place the baby to sleep in a separate cot or Moses basket in the same room as the parents for the first six months;
  • avoid co-sleeping with the baby, particularly on sofas or armchairs, and especially if the parent or carer has consumed alcohol, drugs, or is extremely tired;
  • do not let the baby get too hot; keep the room at a comfortable temperature (16-20°C is ideal) and use lightweight blankets.

The Lullaby Trust provides comprehensive guidelines and advice that can help in disseminating this critical information effectively – Key Safer Sleep Advice (The Lullaby Trust).

5.3 Addressing unplanned sleeping arrangements and bed poverty

Practitioners must be particularly vigilant in situations where there are unplanned sleeping arrangements or bed poverty. These conditions increase the risk of unsafe sleeping practices. It is essential to provide parents and carers with practical solutions and resources to create safe sleeping environments, regardless of their circumstances. This may involve:

  • providing or facilitating access to appropriate sleeping equipment, such as cots or Moses baskets;
  • offering guidance on setting up safe sleep spaces within the home;
  • connecting families with local services and charities that can assist with bedding and furniture needs;
  • integration into Child in Need and Child Protection Plans;
  • ensuring safer sleep practices should be a standard component of all Child in Need and Child Protection Plans for babies.
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New protocol created in April 2022.

For review in April 2025.

1. Purpose of the Protocol

This protocol is intended to ensure that allegations made against any member of Sussex Police including all Police Officers, Specials, Police Staff, Volunteers and Contractors are dealt with promptly and transparently in accordance with statutory guidance.

The protocol sets out the procedure to be followed where an allegation of abuse against a child involving Sussex Police employees namely Police Officers, Specials, Police Staff, Volunteers and Contractors, or where there are concerns about that individual’s suitability to work with children.

All references in this protocol to ‘member of staff’ should be interpreted as meaning all Police Officers, Specials, Police Staff, Volunteers and Contractors.

2. Scope

These procedures are based on the framework for dealing with allegations of abuse made against a person who works with children, detailed in Chapter 2 of Working Together to Safeguard Children (Department for Education) and Allegations Against People who Work with, Care for or Volunteer with Children.

Compliance with this procedure will help to ensure that allegations of abuse are dealt with expeditiously, consistent with a thorough and fair process.

These procedures should be applied when there is an allegation or concern that any such member of police personnel has:

  • behaved in a way that has harmed a child, or may have harmed a child;
  • possibly committed a criminal offence against or related to a child; or
  • behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children.
  • behaved or may have behaved in a way that indicates they may not be suitable to work with children

These behaviours should be considered within the context of the four categories of abuse i.e. Physical Abuse, Sexual Abuse, Emotional Abuse and Neglect.

These include concerns relating to inappropriate relationships between adults and children or young people, e.g. having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual (Sections 16-19 Sexual Offences Act 2003; ‘grooming’, i.e. meeting a child under 16 with intent to commit a relevant offence (Section 15 Sexual Offences Act 2003); other ‘grooming’ behaviour giving rise to concerns of a broader child protection nature e.g. Inappropriate text, e-mail messages or images, gifts, socialising, etc. and possession of abusive images of children. It includes concerns raised regarding their own children and concerns relating to off duty conduct and behaviour in their private life which may pose transferable risks to their position of trust.

3. Oversight and Management

3.1 Investigating Officer (IO)

The Investigating Officer will have the responsibility of the initial referral to the LADO and this will be completed within 24 hours of the member of staff being identified.

3.2 Supervisors

A supervisor reviewing investigations as a matter of either routine or within a specific role such as the Op Pledge Senior Oversight Officer (SOO) will ensure that a referral has been completed as part of their review process. This means the IO must make reference to it being completed and keep a record of the referral within NICHE.

For cases which are being Investigated by departments other than Professional Standards, PSD will be remain updated until the conclusion of the criminal investigation before proceeding with misconduct matters.

4. Local Authority Designated Officers

The Local Authority Designated Officers (LADO) are involved in the management and oversight of individual cases. They will provide:

  • advice and guidance to all relevant agencies and services;
  • monitor the progress of the case to ensure that all matters are dealt with as quickly as possible, consistent with a thorough and fair process;
  • ensure that a final LADO meeting or discussion takes place to conclude the safeguarding process, following the investigation by the IO.

5. Process of Referrals and Initial Considerations

Sussex Police Professional Standard’s Department have procedures in place for dealing with such allegations. These include an initial assessment which is carried out in accordance with the Independent Office for Police Conduct (IOPC) statutory guidance, Articles 2 & 3 of the European Convention of Human Rights Act (ECHR), and the Standards of Professional Behaviour.  The assessment is carried out to establish the circumstances of the allegation, and to make a recording decision, as well as determine the mode of investigation and whether the matter requires consultation with or referral to the Front Door for Families or the LADO.  It will also consider whether the allegation is considered within the scope of this procedure.

Where a referral is made to the LADO it will include the name and date of birth of the member of staff, as well as details of the allegations made, and actions taken or considered. against that individual.  Additional corroborating information can be provided.

Following a referral, the LADO may convene a ‘initial evaluation meeting or multi agency meeting’ that they chair. This meeting is focused on the adult involved and will require the nominated investigating officer to represent Sussex Police

There may be three strands in the consideration of an allegation:

  • enquiries and assessment by Children and Young People’s Service about whether a child is in need of protection or in need of services;
  • a police investigation of a possible criminal offence;
  • consideration by Professional Standards of disciplinary action in respect of the individual;
  • all of which will inform the final decision as to whether the member of staff is safe, and it is appropriate for them to continue working with children.

If a referral is made to the LADO, the management of the case going forward will be in accordance with ‘Guidance for LADO referrals’ (see Appendix A).

Procedures need to be applied with professional judgement and risk assessment.  Some allegations will be so serious as to require immediate referral to social care and subject to a police criminal investigation.  Other less serious cases may not seem to warrant consideration of a police criminal investigation or enquiries by Children and Young People’s Service.  However, it is important to ensure that even apparently less serious allegations are seen to be followed up and that they are examined objectively.  Consequently, the LADO should be informed of all allegations that meet the criteria in point 2. “Scope” so that further consultation can take place as appropriate. We cannot expect the public to have trust and confidence in Policing if we are not operating an open and transparent process in responding to allegations involving a member of staff.

If appropriate, a referral form should be completed and sent by emailing (see Appendix B).

The LADO should then establish, in discussion with the IO that the allegation is within the scope of this procedure, the process for information sharing and whether a strategy discussion is required.

Where a Section 47 strategy discussion is needed, or it is clear that Police or Children and Young People’s Service may need to be involved, the strategy meeting will agree arrangements for notifying and interviewing the member of staff.

6. Resolution

No further action after initial consideration: If the concern does not meet the threshold for a formal safeguarding LADO process it is the responsibility of IO to decide whether, or how to follow up that concern further in accordance with Force Policy. Its important to note that the LADO deal with all referrals in confidence therefore details of the member of staff will not be named in any reports to the LSCB. Some statistics are shared but in an anonymised manner.

Threshold (see Section 2, Scope) is met after initial consideration: This will trigger a formal safeguarding process with all partners working together to ensure the safeguarding of any children is paramount and central to the process.

The outcome of the LADO process will be recorded as one of the following:

  • substantiated – there is sufficient identifiable evidence to prove the allegation;
  • unsubstantiated – this is not the same as a false allegation. It means there is insufficient evidence to prove or disprove the allegation. The term, therefore, does not imply guilt or innocence;
  • unfounded – there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances;
  • malicious – there is clear evidence to prove there has been a deliberate act to deceive and the allegation is entirely false;
  • false – there is sufficient evidence to disprove the allegation.

7. Information Sharing

The principles for effective information sharing as set out in the relevant statutory guidance namely the Information Sharing and Confidentiality section of these Sussex Child Protection and Safeguarding Procedures.

Referral to the LADO will contain the member of staff’s full name, date of birth and circumstances of the allegation, including details of the alleged victim.

The LADO service will share information in line with existing protocols and procedures.

At the conclusion of the investigatory process relevant information will be shared with the LADO in order that the safeguarding conclusion can be agreed.  This may be agreed during a multi-agency LADO meeting.

At the conclusion of the investigation and dependant on the outcome, information from the safeguarding LADO process may be shared for the purposes of potential disciplinary action.

8. Timescales

Where criteria for referral to the LADO is met, referral will be made within 24 hours. The member of staff’s home station will dictate which LADO receives the referral, regardless of where the incident took place.

All investigations will be conducted in accordance with police disciplinary policies and procedures.  They will be conducted in a timely manner and with minimum delay, considering the circumstances of individual cases, including the nature, seriousness and complexity of the allegation.

Relevant information obtained through the course of investigation will be considered as part of any subsequent disciplinary action.

Appendix A: Guide for LADO Referrals

Guidance for LADO Referrals (opens as a pdf)

Appendix B: Police Referral to LADO Form

Police Referral to LADO Form

Brighton & Hove

Email: [email protected]

LADO Website click here

East Sussex

Email: [email protected]

LADO Website click here

West Sussex

Email: [email protected]

LADO Website click here

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Professional Difference Statement

The Pan Sussex Child Protection and Safeguarding Policy and Procedures Group recommend the following statement is read out at all relevant meetings.

Professional Difference Statement:

It is acknowledged that when working in the arena of safeguarding, it is inevitable that from time to time there will be professional differences. This is a positive activity and a sign of good professional practice and effective multi-agency working. During this meeting practitioners, irrespective of their seniority are encouraged to say if they feel that decisions, practice or actions do not effectively ensure the safety or well-being of the child / children.

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Date of last review October 2024.

Date of next review October 2026.

With thanks to Milton Keynes Safeguarding Children Board for the development of this policy.

1. Objectives

The objectives of this policy are to:

  • ensure the safe and effective management of behaviour to safeguard and protect children and young people;
  • encourage the development of positive relationships and interpersonal skills, with a strong focus on de-escalation techniques to minimize the need for restrictive physical intervention;
  • limit the use of restrictive physical intervention to situations where it is absolutely necessary, such as preventing injury to the child, others, or significant damage to property, or, in schools, to maintain good order and discipline;
  • establish clear expectations for agencies and staff to create a consistent and safe environment for both young people and staff.

2. Scope

This procedure applies to all agencies working with children and young people in Sussex, except Sussex Police, due to the statutory legislation under which the Police Service is regulated and its oversight by the Independent Police Complaints Commission.

With regard to agencies providing services to children and young people out of county it will be expected, through contracts and service level agreements, that those agencies will work in accordance with this policy document.

The focus of this policy is the effective management of challenging or inappropriate behaviour and the appropriate use of restrictive physical intervention, when necessary, in these circumstances. It is recognised that, within Health and certain special schools and care settings, forms of restrictive physical intervention may be used in the care and treatment of children. These may include the use of wheelchairs, buggies or standing frames to meet therapeutic need, which restrict movement, or the restriction of movement or immobilisation of a body part to meet a medical need. A range of legislation and guidance exists relating to this area and agencies must develop their own policies and procedures regarding the use of such forms of restrictive physical intervention in these circumstances.

3. Definitions

Restraint is defined as “direct physical contact to overpower an individual.” (Hart 2008:3 Restrictive Physical Intervention in Secure Children’s Homes. DCSF)

Secure Accommodation is any accommodation which has ‘the purposed of restricting liberty’ (Section 25, Children Act 1989). No child can be placed or kept in such accommodation without a Court Order authorising this. Prolonged or excessive use of Restrictive Physical Intervention may amount to a restriction or deprivation of liberty and a child being deemed to be in “secure accommodation” which is unlawful unless a Court Order is in place permitting this. (The Courts have determined that a maternity unit and residential unit have been secure accommodation as they have had key/pass entry and exit systems, the key / pass has not been provided to the patient / child and the staff had also been instructed to prevent the patient / child from leaving).

4. General

Restrictive physical intervention is only one technique in a range of possible responses to threatening or actual violent behaviour. It must therefore only be used when other methods, not involving the use of force, are unlikely to achieve the desired outcome. Management of behaviour should always be seen in the context of the total relationship between staff and children.

Restrictive physical intervention must be used as little as possible, always as a last resort, the minimum force necessary used to prevent injury or serious damage, and employed for the shortest duration.

Prolonged or excessive use of Restrictive Physical Intervention may amount to a restriction or deprivation of liberty and a child being in “secure accommodation” which is unlawful unless a Court Order is in place permitting this.

The application of all forms of corporal punishment (i.e. physical punishment, including pushing, cuffing, striking etc) and any intentional application of physical force used as a punishment are prohibited and unlawful. Restrictive physical intervention must not be used to simply secure compliance with staff instructions.

Every episode of restrictive physical intervention must be fully documented.

Agencies will respect children and build good relationships in a safe and calm atmosphere, enhanced by a policy of positive reinforcement for good behaviour. Whilst staff will on occasions have to make instant but measured decisions, time to assess situations and consult with colleagues will enhance decision-making.

Children may perceive all actions by staff in light of their powerful position in terms of status and authority as a reinforcement of this. It is important that all uses of restrictive physical intervention are practised in an anti-discriminatory way, sensitive to and respectful of cultural expectations and attitudes towards physical contact as well as taking into account specific considerations of special need.

The issue of restrictive physical intervention raises difficult decisions for professionals and it is important that this procedure is followed. If professionals believe inappropriate restrictive physical intervention has taken place they must report this to a senior manager and a referral made to the Local Authority Designated Officer- link to LADO contact within 1 working day.  All incidents of alleged or suspected inappropriate restrictive physical intervention will be investigated according to safeguarding procedures.

All agencies and schools within Sussex must have their own clear, detailed and explicit policy, and procedures, on restrictive physical intervention and behaviour management, and a strategy for reducing restrictive physical intervention, appropriate to the environment, which are regularly reviewed and evaluated. Agencies own policies must be consistent with this policy. Agencies must inform children and their parents/carers of their policy and strategy.

Agencies are responsible for the health, safety and well-being of their employees, visitors and those within their care. Agencies have responsibilities to assess risk related to restrictive physical intervention and must establish and maintain safe systems of work and ensure the provision of appropriate training and information about the children they are working with.

5. Levels of Interaction to Manage Children’s Behaviour

5.1 De-escalation

On a basic level, de-escalation means ‘to bring down’. The objective of de-escalation is to prevent aggressive and dangerous situations from occurring and so in some situations, reduce the need for restrictive interventions.

De-escalation can take many forms, but to provide safe, effective and fast de-escalation it is important to get to know the child, what makes them sad, what makes them happy, who are the important people in their lives and much more.

5.2 De-escalation techniques – communication

 Voice:

  • introduce yourself;
  • use a gentle and calm tone of voice;
  • use familiar words;
  • use their name regularly;
  • acknowledge their feelings;
  • never interrupt;
  • break down tasks into smaller steps;
  • ask or answer one question at a time;
  • ensure understanding;
  • avoid invalidation;
  • be positive.

5.1.2 Body language

  • face the person;
  • have a calm demeanour;
  • make eye contact;
  • smile;
  • go slow;
  • give the person plenty of space.

There are three levels of interaction which can be used as an attempt to manage children’s behaviour:

  1. management by simple physical presence, involving no contact: e.g. standing in doorway to prevent exit, or being assertive in emphasising verbal instructions;
  2. guiding or touching a child to persuade them to comply. This should be seen as persuasion rather than attempting to enforce control and it is therefore distinct from restrictive physical intervention. e.g. this could be taking a child by the arm to lead them away, or laying the hands on shoulders to gain attention;
  3. Restrictive Physical Intervention, the purposeful physical intervention used to control a child or positively apply force with the intention of overpowering the child.

6. Preventative Strategies

Management and staff should establish a positive culture aimed at creating and promoting a calm environment in order to minimise the risk of incidents that might require the use of restrictive physical intervention.

Effective relationships formed between young people and staff are central to good behaviour management.

All staff should be given the opportunity to develop a range of skills to positively manage behaviour, prevent and defuse situations from escalating and resulting in restrictive physical intervention. Useful strategies include:

  • Behaviour Management / Care Plans or similar tools assist in identifying a child’s specific needs, areas that have caused conflict in managing a child’s behaviour and detail strategies that have been used to manage them. The plan will therefore give staff information about where issues of control may cause problems. This information will be most effective where children, staff, parents and other agencies are working in partnership to devise, monitor and regularly review plans. Where plans are in place it is important that these are followed;
  • good quality information and communication provide staff with possible trigger points that may predict and prevent conflict;
  • risk assessment should be based on the individual child and wider factors affecting them, e.g. the group dynamics, previous history;
  • plans and risk assessments should example children with disabilities or take account of specific needs for speech and language difficulties;
  • preventative strategies should aim to include an understanding of the context in which conflict may arise;
  • diverting attention may avoid conflict by giving the child space, offering opportunity for the child to back down without losing face, or for staff to negotiate, compromise and apologise where appropriate.

7. Use of Restrictive Physical Intervention

The proper use of restrictive physical intervention requires judgement, skill, and knowledge of non-harmful methods of control. Professionals should have relevant and up to date training in the techniques.

Each agency’s own written policy must reflect the legislation and guidance regarding the criteria under which restrictive physical intervention can be used (applicable to the agency) and should consider the risks and welfare issues for children, staff and others who may be affected. Restrictive physical intervention must only be used, when necessary, to:

  • prevent risk, injury or danger to the child;
  • prevent risk, injury or danger to others;
  • prevent serious damage to property;
  • maintain good order and discipline (schools only – used only as a last resort and in accordance with the school’s policy).

The decision to use restrictive physical intervention lies with the professionals present at the time and can only be made on the assessment of risk at the time, following failed de-escalation attempts. This must include the risk to professionals from the use of, or failure to use, restrictive physical intervention.

Management of behaviour may take many forms and may vary in degree according to the presenting issues. The purpose is to take immediate control of a dangerous situation and to reduce significantly the threat the child poses to themselves or others or threat or damage to property.

8. Doctrine of Minimum Force

If restrictive physical intervention is required, only that force necessary to prevent injury or damage must be used and must be proportionate to the risk presented.

If restrictive physical intervention is used without reasonable cause, it could under common law constitute unlawful restriction of liberty or under criminal law, assault.

9. Permissible Restrictive Physical Intervention

The amount of force actually used must be proportionate to the degree of risk and the level of force being used by the child.

Whenever possible, staff must give a verbal warning, repeated if necessary, before undertaking restrictive physical intervention. This may bring the situation under control.

If a child needs restrictive physical intervention, where possible, the staff member should ensure there is another member of staff present. Where possible, other children should be removed from the situation. Any professional who has concerns about the use of restrictive physical intervention on a child should ensure they notify their manager promptly. It is also essential that they are familiar with their agency’s whistleblowing policy, which provides guidance on raising concerns in a safe and responsible manner.

Staff should advise and reassure the child that restrictive physical intervention will cease when they regain self-control or are safe, so reducing the length of time for which it is necessary.

Only approved restrictive physical intervention techniques must be used. The responsibility for approving a method of restrictive physical intervention lies with the governing body of the agency or organisation. In doing this the governing body must be satisfied that the method approved is safe and appropriate to the needs of the children and the agency and addresses the demands of day to day practice.

10. Following use of Restrictive Physical Intervention

As soon as a child is in control of their behaviour or is safe they must be released from restrictive physical intervention. The situation may not have been resolved for the child and a further period of close supervision may be necessary.

As soon as is practicable staff must ask whether the child has any injuries. If a medical professional is not available this must be carried out by a qualified First Aider, or by the Head/Responsible person and recorded on the child’s records. Completion of a body map is encouraged.  In exceptional circumstances a medical  review may be required, although a child of sufficient age and understanding may refuse permission for this to occur. All circumstances, detail of injuries, actions and decisions must be recorded on the child’s file. Wherever available, a child must be offered to be seen by a qualified medical practitioner or First Aider as soon as possible following the use of restrictive physical intervention. Where not available, the child must be closely monitored by staff.

If professionals have concerns that significant harm or injury may have been sustained they must attend A&E or call 999 for an ambulance.

The child’s parent / carer must be informed at the earliest opportunity and in accordance with the agency’s own procedures.

Staff may need to be medically examined or seek medical advice.

If a child is assaulted or alleges that they have been they must be given the opportunity to report this to the Police and to the LADO  (details of the LADO can be found in Local Contacts).

If a staff member is assaulted they also have the right to report this to the Police.

Professional judgement will need to be made as to when to return the child to the group. It must not be done to humiliate or confer status on the child.

Following an incident all parties will need to talk about / debrief the restrictive physical intervention. The purpose of this is to:

  • reflect upon and analyse the incident and understand why the restrictive physical intervention took place;
  • discuss what action could prevent this in the future;
  • consider whether the child’s individual needs, including diversity, have been considered and addressed;
  • review the child’s Behaviour Management / Care Plan or similar;
  • identify any further post-incident support which may be required.

The child must be given the opportunity to debrief in a manner suited to his/her individual needs. The debrief must be undertaken with the child at a time when the child is able to listen, wherever possible within 48 hours of the incident. The debrief should be done wherever possible with a member of staff not involved in the restrictive physical intervention. The purpose of this is to provide opportunity for the child to express their own views of the incident and raise any concerns. The debrief must be recorded.

If a serious incident has occurred, a person with overall responsibility / manager may need to have a formal recorded meeting with the child to outline the unacceptable nature of the behaviour and future action that may be taken should this behaviour be repeated.

The child may wish to make a complaint following an incident or discuss the incident further with a member of staff, parent/carer or independent person. Please ensure the child know how to make a complaint. If a complaint is made the agency must follow their internal complaints procedure. If there are any concerns about an adult working with children the agency must follow the procedure in the Allegations Against People who Work with, Care for or Volunteer with Children chapter.

In such a situation all relevant evidence must be preserved and safeguarded, for example CCTV footage, incident reports and body maps.

11. Recording and Reporting

All agencies must develop their own agreed format and documentation for recording any incident. An incident must be clearly recorded in written format and reported by a member of staff involved in restrictive physical intervention within 24 hours. This will include ensuring that other staff are aware of any incidents that have taken place.

12. Monitoring

Monitoring of all incidents involving restrictive physical intervention is essential in order to identify where lessons can be learnt and to prevent the build up of unsafe practice.

The Manager, person responsible, or nominated person, will monitor each incident, this will include meeting with the child to ascertain their views and feelings following the incident, appropriate to age and level of understanding. This will be documented and placed on the child’s file.

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Last reviewed in November 2024.

Next review November 2025.

1. Introduction

Instances of underage sexual behaviour may raise difficult issues for professionals and need to be handled with sensitivity. Agencies should ensure that all children and young people are given appropriate protection from sexual abuse. It is the responsibility of all professionals to accurately assess any risk of harm, including significant harm, when a child or young person is engaged in sexual behaviour. This is likely to require a multi-agency approach.

This guidance applies to all sexual relationships. It is designed to assist professionals to understand some key themes, legislation, and guidance in relation to sexual behaviour involving children and young people, and where there are concerns that this sexual behaviour may be abusive, what actions need to be taken by professionals.

The sexual behaviour of young people is conceptualised as laying on a continuum from mutual exploration to behaviours that are seriously harmful to them or to other children or young people.

(Click on the image to enlarge it)

Where sexual behaviour is harmful, please refer to Children who present with Harmful Sexual Behaviours chapter.

You may also find Children who Harm Other Children chapter helpful.

The NSPCC also has information about the stages of typical sexual development and behaviour for different age groups. This includes examples of behaviour that is common and uncommon – Sexual Development and Behaviour in Children.

Children and Young People’s Views on Learning about Sex, Sexuality and Relationships (NSPCC) summarises 11–to 25-year olds’ views on what, where and how information is communicated to children and young people about relationships, sex and sexuality in the UK.

2. Definitions

2.1 Sexual Offences Act 2003

The legal age for young people of all genders to consent to have sex is 16 years irrespective of their sexual orientation.

Sexual activity with children under 13 is always illegal as children of this age can never legally give their consent. There should always be a referral made to Children’s Social Care and the police in cases involving children aged less than 13 – see Making a Referral Procedure.

Sexual activity with a child aged under 16 is also an offence.

In consenting under age relationships, both parties are committing offences.

Although the age of consent is 16 years, there is no intention to prosecute young people of a similar age involved in mutually agreed consensual sex unless it involves abuse or exploitation.

Consideration should be given in every case of sexual activity involving a child aged 13 to 15 as to whether there should be a discussion with other agencies and whether a referral should be made to Children’s Social Care. Where it is consensual it may be less serious than if the child is aged under 13 years but it may, nevertheless have serious consequences for the welfare of the young person. Within this age range the younger the child, the stronger the presumption must be that the sexual activity is a matter of concern and a referral to Children’s Social Care should be made. The professional should make the decision based on the considerations set out in Section 3, Assessment and Recognition. All cases should be carefully documented including where a decision not to share information or make a referral is made.

Young people still have a right to confidential advice on contraception, condoms, pregnancy and abortion even if they are less than 16 years old. See British Medical Association (BMA) Advice and Guidance – Children and Young People Tookit.

The Sexual Offences Act 2003 states that a person is not guilty of aiding, abetting or counselling a sexual offence against a child where they are acting for the purpose of:

  • protecting a child from pregnancy or sexually transmitted infection;
  • protecting the physical safety of a child;
  • promoting a child’s emotional well-being by the giving of advice.

This exception, in statute, covers not only health professionals, but anyone who acts to protect a child, for example teachers, school nurses, Connexions personal advisers, youth workers, Children’s Social Care practitioners and parents.

Sexual activity involving a 16 or 17 year old, even if it does not involve an offence, may still involve harm or the likelihood of harm being suffered. Professionals should still bear in mind the considerations contained in this guidance in assessing whether harm is being suffered, and should share information as appropriate.  It should be noted that, under the Sexual Offences Act 2003, it is an offence for a person to have a sexual relationship with a 16 or 17 year old if they hold a position of trust or authority in relation to them. This normally involves a professional who is looking after a child or young person, both of whom reside in or are connected with a residential setting. Advice should be sought from the police in individual cases to confirm if an offence has been committed.

Child on child abuse – (also known as peer on peer abuse) the definition of sexual abuse by children is the same as for sexual abuse by adults. Abusive / inappropriate behaviour often characterised by a lack of true consent, the presence of a power imbalance and exploitation. The boundary between what is abusive and what is part of normal childhood or youthful experimentation can be blurred. The ability of professionals 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. See Children who present with Harmful Sexual Behaviours chapter.  Abusive sexual behaviour is characterised by behaviour involving coercion, threats, aggression together with secrecy or where one participant relies on an unequal powerbase. Allegations of child on child abuse will be taken as seriously as allegations of abuse perpetrated by an adult.

Sexual grooming is defined as gaining the trust of a child via an emotional connection in order to sexually abuse, exploit or traffic them. It can be committed online or in person, and any communication for this purpose is considered to be grooming, even if no additional offence ever takes place. Any communication with a child for the purpose of sexually abusing them is legally considered to be grooming and is a classified as an offence under the Sexual Offences Act 2003.

Section 14 of the Sexual Offences Act 2003 specifies that it is an offence to arrange a meeting, or to facilitate a meeting, with a child under the age of 16 with the intent of sexually abusing the child or with the intent of another person sexually abusing them.

3. Assessment and Recognition

All young people, regardless of gender or sexual orientation, who are involved in sexual behaviour, must have their needs for health, education, support and / or protection assessed by the agency involved.

This assessment must be carried out in accordance with:

As set out in Working Together to Safeguard Children, the purpose of assessment is:

  • to gather important information about a child and family;
  • to analyse their needs and/or the nature and level of any risk and harm being suffered by the child;
  • to decide whether the child should be referred to front for a decision to be made about whether the child is a child in need (section 17) or is suffering or likely to suffer significant harm (section 47);
  • to provide support to address those needs to improve the child’s outcomes and welfare and where necessary to make them safe.

Any 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

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 young person, and they should conduct a holistic assessment of the young person’s needs.

There will also be an imbalance of power if the young person’s sexual partner occupies a position of trust e.g. teacher, youth worker, carer etc. (In these circumstances, see also Allegations Against People who Work with, Care for or Volunteer with Children Procedure.

The following factors in the sexual behaviour indicate a risk to the child:

  • the age of the child. Sexual behaviour at a young age is a very strong indicator that there are risks to the welfare of the child and, possibly, others;
  • the level of maturity and understanding of the child;
  • what is known about the child’s living circumstances or background;
  • age imbalance, in particular where there is a significant age difference;
  • overt aggression or power imbalance;
  • coercion or bribery;
  • familial child sex offences;
  • behaviour of the child i.e. withdrawn, anxious;
  • the misuse of substances as a disinhibitor;
  • whether the child’s own behaviour, because of the misuse of substances, places them at risk of harm so that they are unable to make an informed choice about any activity;
  • whether any attempts to secure secrecy have been made by the sexual partner, beyond what would be considered usual in a teenage relationship;
  • whether the child denies, minimises or accepts concerns;
  • whether the methods used are consistent with grooming; and
  • whether the sexual partner/s is known by one of the agencies.

See also Criminal and Sexual Exploitation including Serious Organised Crime and Gangs and Information Communication Technology chapters.

4. Disabled Children and Young People

Also refer to Safeguarding Children with Disabilities chapter.

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 (see Children Living Away from Home chapter). 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.

Professionals should not, however, assume that because a young person has a disability that they are not Fraser competent. Although there is a duty to protect from abuse and exploitation, professionals also need to recognise that disabled children have the right to a full life, including a sexual life.

5. Confidentiality

The duty of confidentiality owed to a person under 16 in any setting is the same as that owed to any other person, but the right to confidentiality is not absolute.

Where there is a serious child protection risk to the health, safety or welfare of a young person or others this outweighs the young person’s right to privacy. In these circumstances professionals should act in accordance with  the Recognition of Abuse and Neglect and Making a Referral chapters.

Research and experience have shown repeatedly that keeping children safe from harm requires professionals and others to share information. Such information sharing must be in accordance with legal requirements and professional guidance (see also Information Sharing and Confidentiality section).

6. Action

All members of staff working for member agencies of the  Safeguarding Children Partnership have a responsibility to ensure all children and young people are appropriately safeguarded. Where staff have concerns that a child or young person is being sexually abused this must be referred to the police and Children’s Social Care in accordance with the Making a Referral Procedure.

Cases involving under -13s should always be discussed with a nominated child protection lead in the organisation. There should be a presumption that the case will be reported to Children’s Social Care and that a Strategy Discussion will be held – see Strategy Discussions Procedure.

All cases involving under 13s should be fully documented including detailed reasons where a decision is taken not to share information.

Professionals working with young people have different statutory responsibilities both with regard to advice given to young people and the actions they take when aware of under-age sexual behaviour. These differences are detailed as follows.

6.1 Additional guidance for Health Staff

Doctors and other health professionals should consider the following issues when providing advice or treatment to young people  aged 13-16 years on contraception, sexual and reproductive health.

If a request for contraception is made, doctors and other health professionals should establish rapport and give a young person support and time to make an informed choice by discussing:

  • the emotional and physical implications of sexual behaviour, including the risks of pregnancy and sexually transmitted infections;
  • whether the relationship is mutually agreed and whether there may be coercion or abuse;
  • the case for discussion with a parent or carer – any refusal should be respected -in the case of abortion, where the young woman is competent to consent but cannot be persuaded to involve a parent, every effort should be made to help them find another adult to provide support, for example another family member or specialist youth worker;
  • any additional counselling or support needs;
  • all under13 year olds identified through CSARC/Strategy meetings for whom treatment may be considered appropriate e.g. access to emergency contraception, must always be discussed with a senior doctor and health advisor.  Considering the child’s risks and best interests, an action plan must be put in place with support from the Named Nurse for Safeguarding Children and Young People and senior colleagues within the Sexual Health Service.

Additionally they should follow the Fraser Guidelines and establish that:

  • the young person understands the health professional’s advice;
  • the health professional cannot persuade the young person to inform their parents or allow the doctor to inform the parents that they are seeking contraceptive advice including terminations;
  • the young person is very likely to begin or continue having intercourse with or without contraceptive treatment;
  • unless they receive contraceptive advice or treatment, the young person’s physical or mental health or both are likely to suffer;
  • the young person’s best interests require the health professional to give contraceptive advice, treatment or both without parental consent.

6.2 Additional guidance for Education Staff

Young people need to be able to talk to a trusted adult about sex and relationship issues. Although it is desirable that this person is their parent or carer, this is not always possible. The law allows staff to respect young people’s rights to confidentiality when discussing sex and relationship issues and a disclosure of under-age sex is not of itself a reason to break confidentiality.

Young people should be made aware that confidentiality might be breached if they or another young person is at risk. In these circumstances staff should consult the young person and endeavour to gain their co-operation to a child protection referral but if that is not possible they should be advised that their confidentiality would be breached.

6.3 Additional guidance for Police and Children’s Social Care Staff

Whilst Police and Children’s Social Care staff may provide advice and guidance to a young person involved in under-age sexual behaviour both agencies have specific responsibilities with regards to criminal activities.

Children’s Social Care staff should inform police of criminal offences at the earliest possible opportunity in order to consider jointly how to proceed in the best interests of the child. Any decisions not to do so must be made at a senior level and recorded on the child’s file.

Guidance for Children’s Social Care staff indicates that as Working Together is issued under S.7 of the Local Authority Social Services Act 1970 the decision not to inform the police where an offence has been committed against a child should only be made where ‘exceptional circumstances justify a variation’. This is likely to be where the sexual relationship is considered consensual and not abusive and may be most relevant in respect of Looked After children where the social worker is also acting as the ‘corporate parent’ for the child.

In those circumstances it may be more important that the child receives appropriate advice regarding sexual health and contraception. This may be difficult if the young person is concerned that the police will be involved. Such a decision should always be made following consultation with line managers and be recorded.

The police must investigate all criminal activities even if they may decide that there is no need for prosecution.

The priority for the police is the identification and investigation of under-age sexual behaviour where the relationship is abusive, either by being intra-familial in nature, or where there is a significant age / power gap between the parties involved.

Where young people of similar age are involved in consensual sexual behaviour, or in other sensitive cases, the police role may be confined to the undertaking of information checks only. In such cases police will not become directly involved in the investigation unless enquiries by the police or other agencies indicate the relationship is in fact abusive.

Both police and Children’s Social Care staff together may decide that there is no need for prosecution but young people should be advised that their confidentiality cannot be maintained if staff from these agencies are involved.

6.4 Additional guidance for professionals

Guidance for local teenage pregnancy prevention programmes to help young people avoid unplanned pregnancies and develop healthy relationships.

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Last reviewed in January 2025.

Next review January 2027.

1. Section 47 Enquiry

If there is reasonable cause to suspect a Looked After child is suffering, has suffered or is likely to suffer Significant Harm, Children’s Social Care should convene a Strategy Discussion, see Strategy Discussions chapter.

The need for a strategy discussion applies equally to looked after children and it should not be assumed that the child is safe because they are in care, or to assume that other existing procedures will effectively take the place of established child protection multi-agency working.  To do so poses a risk.

2. Reviews, Care Planning and Conferences

In most cases where a child has a Child Protection Plan and becomes Looked After, it will no longer be necessary to maintain the Child Protection Plan – see Section 3, Discontinuing Child Protection Plans.

There are however relatively few situations where safeguarding issues will remain and a Looked After child will also have a Child Protection Plan. These situations are likely to be where a local authority obtains an Interim Care Order but the child with a Child Protection Plan remains at home, pending the outcome of the final hearing; or where risks identified are likely to result in Significant Harm to themselves or others.

Where a Looked After child remains on a Child Protection Plan, consideration should be given to how best to ensure that the child protection aspects of the child’s Care Plan are reviewed.

Looked After Reviews and Child Protection Conferences may be held as combined meetings, in exceptional circumstances, in order to ensure a coherent plan. Generally, the two meetings should be held independently of the other , as one focuses on reducing risks impacting the child, and the other on contact, health, education, aspirations for the future, and reunification amongst other personal areas of a child’s life.

The plans made at Looked After Reviews must be consistent with the Child Protection Plan. This will ideally be achieved by the Independent Reviewing Officer (IRO) who chairs the Looked After Review process also chairing the Review Conference. Where this is not possible the IRO should be involved in the Review Conference and the timing of both processes should coincide to ensure that the most up-to-date information informs overall care planning.

Where a Looked After Review or other local authority planning meeting proposes the return of a child on a Child Protection Plan to their parents or carers – or any other change which might significantly affect the level of risk – the decision (unless this formed part of the original protection plan) must not be implemented until reviewed and endorsed by the child’s IRO as part of a combined Looked After Review and Review Conference.

Where there is disagreement within the subsequent Child Protection Conference concerning a Looked After Child, the child’s IRO must be informed immediately and a decision made on whether or not to proceed with the plan made at the child looked after review. The social worker should also bring the matter to the attention of their operational service manager. Professionals should always attempt to resolve differences at the lowest possible level. Where necessary, the child’s IRO will consider activating the dispute resolution process (IRO Handbook).

Where a child on a Child Protection Plan is removed from accommodation by parents or where a child in care is returned to parents or carers in court proceedings, against the recommendation of the local authority, a Review Child Protection Conference must be convened to consider the risks to the child and the implications for the Child Protection Plan.

The child’s IRO should be notified immediately of any significant events or proposed change impacting on the agreed care plan. The IRO must be consulted before any decision is reached to change the child’s care plan.  In the IROs absence, the IRO manager must be consulted.

3. Discontinuing Child Protection Plans

When a Looked After child is no longer living in the situation which gave rise to the child protection concerns that resulted in the Child Protection Plan, and there is no current plan for them to be returned, the Child Protection Plan should be discontinued by the decision of the Review Conference. This would automatically apply if the child is on a Care Order.

Should the Care Plan for a Looked After Child subsequently include returning the child to the situation that previously resulted in the Child Protection Plan, a Looked After Review chaired by the child’s IRO should be convened. Consideration should be given to the child’s safeguarding needs and type of plan required. Active consideration should be given to a Family Group Conference.

4. Guidance on Promoting Wellbeing and Positive Identity

NICE has a guide for social workers and social care practitioners to help support the wellbeing of children and young people in care. The guide explains that a focus on wellbeing can improve outcomes and discusses building positive relationships, working through a child’s personal history and incorporating trauma-informed training for practitioners.

Read the guide: Promoting Wellbeing and Positive Identity for a Child or Young Person who is Looked After (Department of Education).

Record keeping in relation to looked after children is very important, case recording is the child’s story of what happened and why. Further support with case recording can be read in Underlying Policy, Principles and Values chapter, Case Recording section.

5. Children from Black and Minority Ethnic Backgrounds in Care

In the UK there is overrepresentation of children from black and minority ethnic backgrounds in care but there is a lack of evidence on their outcomes, particularly around reunification, placement stability and health and exclusions. This report Outcomes for Black Children in Care: A rapid evidence review synthesis – What Works for Children’s Social Care (whatworks-csc.org.uk) presents the findings of a Rapid Review of the body of work focusing on outcomes of black children in care

The intersections of being black and having experiences of being in care are also explored in the Barnardo’s report – Black Care-experienced Young People in the Criminal Justice System (Barnardo’s).

6. Criminal Injuries Compensation Authority (CICA) Claims

Some children who come into contact with children’s services may be eligible for Criminal Injuries Compensation Authority (CICA) claims. We encourage applications to be made in such cases to ensure that eligible children receive the compensation they deserve.

Key points:

  • the CICA scheme compensates victims of violent crime, including children who have suffered physical or mental injuries, or sexual or physical abuse;
  • eligibility criteria include being a direct victim of a crime of violence, with claims typically needing to be made within 2 years of the incident;
  • special provisions exist for claims related to childhood abuse, allowing for applications beyond the standard 2-year limit;
  • all incidents must be reported to the police before a claim can be made.

For detailed guidance, please see the national guidance on this matter: Criminal Injuries Compensation: A Guide (gov.uk)

7. Pre-birth Planning for Care Leavers

Please see Pre-birth Planning for Care Leavers chapter

Please see Children / Young People Under 18 Who Become Parents chapter

8. Criminalisation of Looked After Children

Please see Sussex Joint Protocol to Reduce the Criminalisation of Children in Care and Care leavers chapter

There is also a National Protocol on Reducing Criminalisation of Looked After Children (Department for Education) available.

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Last reviewed in January 2024.

Next review due in January 2026.

See also – Elective Home Education (Department for Education)

For local area policies, contact your local Safeguarding Partnership Business Manager – see Local Contacts.

1. Introduction

The legal duty and responsibility for a child’s education rests with their parents. While most parents choose to send their children to school, others choose to educate their children at home. In these circumstances, the parent is Electively Home Educating (EHE).

It is important to note that a child being home educated does not in itself constitute a safeguarding concern, however local authorities must make arrangements to find out so far as possible whether home educated children are receiving suitable full-time education.  It is best practice for professionals to talk to children and young people about their wishes and feelings about being home educated.

2. The Law

2.1 Do children have to attend school?

The simple answer is “NO”. However, the Education Act 1996 states that parents do have legal duties regarding the education of their children.  Parents may choose to exercise this right from the beginning of compulsory school age.

2.2 What is the duty of parents?

Section 7 of the Education Act 1996 states:

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to –

  • the child’s age, ability and aptitude;
  • Any special educational needs they may have either by regular attendance at school or otherwise.

Parents or carers who decide on Elective Home Education (EHE) must be prepared to take on fully the “duty to educate”.  This commits them to meeting the legal requirements, as laid down by the Education Act 1996.

There is no requirement placed upon them to inform the local authority of their intention to do so, but they must ensure their children receive a suitable education for as long as they are being educated at home.

Parents or carers should be able to demonstrate that the education their child is receiving meets the requirements of “efficient and suitable” and that the child is developing according to their age, ability and aptitude, and any special education needs they may have.

There is no legal definition for home educating parents regarding educating their children at home: ‘There are no specific legal requirements as to the content of home education, provided the parents are meeting their duty in s.7 of the Education Act 1996. This means that education does not need to include any particular subjects and does not need to have any reference to the National Curriculum; and there is no requirement to enter children for public examinations. There is no obligation to follow the ‘school day’ or have holidays which mirror those observed by schools.’

3. What is the Local Authority Duty?

The Local Authority has a legal duty to ensure all children in their borders are receiving a suitable, efficient and full-time education.

If a parent withdraws a child from school to elective home education then the school must notify the local authority. The school should provide this notification as soon as they become aware that the parent is considering this form of provision but may only remove the child from roll upon written notification from the parent.

Where a parent / carer has expressed their intention to remove a child from school with a view to educating at home, it is good practice for key partners working involved with the family or child to work together and coordinate a meeting with parents / carers where possible. This would be before a final decision has been made, to ensure the parents / carers have considered what is in the best interests of each child and their potential educational needs and vulnerabilities.

The Local Authority recognises that home educating parents are under no legal duty to respond to enquiries about the educational provision in place at home. However, doing so enables the local authority to be assured that all children in their area are receiving the education they are entitled to, and the education being provided is suitable.

Where a local authority is not assured that a suitable education is being provided, they have a duty to make further enquiries.

The following is taken from Elective Home Education: Departmental Guidance for Parents (Department for Education).

Local authorities do not have powers to enter the homes of, or otherwise see, children for the purposes of monitoring the provision of elective home education.  However, under section 437(1) Education Act 1996, local authorities shall intervene if it appears that parents are not providing a suitable education. This section states that:

“if it appears to a local authority that a child of compulsory school age in their area is not receiving a suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.”

Prior to serving such a notice, local authorities are required to address the situation informally.

If the local authority continues to feel the educational provision is ineffective, they may contact other agencies to offer advice and support in seeking a return to school. As a last resort, the local authority would consider instigating a School Attendance Order requiring your child to attend a named school.

4. Safeguarding

The welfare and protection of all children are of paramount concern and the responsibility of the whole community.

Keeping Children Safe in Education (Department for Education – opens as a pdf) states ‘Many home educated children have a positive learning experience. We would expect the parents’ decision to home educate to be made with their child’s best education at the heart of the decision. However, this is not the case for all. Elective home education can mean that some children are not in receipt of suitable education and are less visible to the services that are there to keep them safe and supported in line with their needs. It is the responsibility of all professionals including school staff to understand the parental roles and responsibilities of delivering a full-time suitable home education provision and to share these with families who are considering EHE. It is the responsibility of professionals to contact the local authority EHE team with details of any family where there is a known concern that a suitable education is unlikely to be in place or sustained’.

As with children educated in schools, child welfare issues may arise in relation to home educated children. If any child welfare concerns come to light, these concerns will immediately be referred to the appropriate agencies.

Local authorities have a duty under Section 175(1) of the Education Act 2002 to safeguard and promote the welfare of children. This section states:

“A local education authority shall make arrangements for ensuring that the functions conferred upon them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.”

If it is clear that in the opinion of the local authority a child is not receiving a suitable education then they may refer the matter to the relevant local child protection service since ‘a failure to provide suitable education is capable of satisfying the threshold requirement contained in s.31 of the Children Act 1989 that the child is suffering or is likely to suffer significant harm.

5. Flowcharts

The flow charts are intended to show in diagrammatic form the main steps which can be taken once it is apparent that there is a question as to whether a child is receiving suitable home education. Not all the steps shown will be applicable in all cases.

Flowchart 1 – Local authority makes informal enquiries of parents about education provision for child

(Click on the image to enlarge it)

Flowchart 2 – Parents have been served with school attendance order

Parents can ask the local authority to revoke it, and ask SoS to direct revocation if the local authority declines.

(Click on the image to enlarge it)

Flowchart 3 – Local authority applies for Education Supervision Order (ESO)

(Click on the image to enlarge it)

Should any practitioner working with a home educating family have concerns regarding the education provision for the individual child, then the matter should be reported to the relevant EHE department.

All matters concerning a child’s welfare should be reported in accordance with the Making a Referral chapter.

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1. Introduction

An awareness and appreciation of the role of others is essential for effective collaboration between organisations and their practitioners.

This chapter outlines the main responsibilities in safeguarding and promoting the welfare of children of all statutory organisations, voluntary agencies and professionals who work with children.

It should be read in conjunction with the details set out in Chapter 4, Working Together to Safeguard Children (Department for Education).

2. Statutory Duties

All organisations that work with children share a commitment to safeguard and promote their welfare. For many organisations, this is underpinned by statutory duties.

Section 11 of the Children’s Act 2004 places duties on a range of organisations, agencies and individuals to ensure their functions, and any services that they contract out to others, are discharged having regard to the need to safeguard and promote the welfare of children:

  • local authorities and district councils that provide children’s and other types of services, including children’s and adult social care services, public health, housing, sport, culture and leisure services, licensing authorities and youth services;
  • NHS organisations and agencies and the independent sector, including NHS England and Integrated Care Boards, NHS Trusts, NHS Foundation Trusts and General Practitioners;
  • the police, including police and crime commissioners and the chief officer of each police force in England and the Mayor’s Office for Policing and Crime in London;
  • the British Transport Police;
  • the National Probation Service – East and West Sussex Probation Delivery Units (PDUs);
  • Governors / Directors of Prisons and Young Offender Institutions (YOIs);
  • Directors of Secure Training Centres (STCs);
  • Principals of Secure Colleges;
  • Youth Offending Teams / Services (YOTs);

3. Common Features

Under Section 11 of the Children Act 2004 those listed in Section 2, Statutory Duties, must evidence:

  • a clear line of accountability for the commissioning and / or provision of services designed to safeguard and promote the welfare of children;
  • a senior board / Director or equivalent level lead with the required knowledge, skills and expertise or sufficiently qualified and experienced to take leadership responsibility for the organisation’s / agency’s safeguarding arrangements;
  • a culture of listening to children and taking account of their wishes and feelings, both in individual decisions and the development of services;
  • clear whistleblowing procedures, which reflect the principles in Sir Robert Francis’ Freedom to Speak Up Review and are suitably referenced in staff training and codes of conduct, and a culture that enables issues about safeguarding and promoting the welfare of children to be addressed;
  • clear escalation policies for staff to follow when their child safeguarding concerns are not being addressed within their organisation or by other agencies;
  • arrangements which set out clearly the processes for sharing information, with other practitioners and with safeguarding partners;
  • a designated practitioner (or, for health commissioning and health provider organisations/agencies, designated and named practitioners) for child safeguarding. Their role is to support other practitioners in their organisations and agencies to recognise the needs of children, including protection from possible abuse or neglect. Designated practitioner roles should always be explicitly defined in job descriptions. Practitioners should be given sufficient time, funding, supervision and support to fulfil their child welfare and safeguarding responsibilities effectively;
  • safe recruitment practices and ongoing safe working practices for individuals whom the organisation or agency permit to work regularly with children, including policies on when to obtain a criminal record check;
  • appropriate supervision and support for staff, including undertaking safeguarding training;
  • creating a culture of safety, equality and protection within the services they provide.

In addition:

  • employers are responsible for ensuring that their staff are competent to carry out their responsibilities for safeguarding and promoting the welfare of children and creating an environment where staff feel able to raise concerns and feel supported in their safeguarding role;
  • staff should be given a mandatory induction, which includes familiarisation with child protection responsibilities and the procedures to be followed if anyone has any concerns about a child’s safety or welfare;
  • all practitioners should have regular reviews of their own practice to ensure they have knowledge, skills and expertise that improve over time;
  • voluntary, charity, and social enterprise (VCSE) organizations, along with sports clubs, often provide children with education and activities, positioning their staff and volunteers as crucial figures in safeguarding. These trusted adults can be the first to hear reports of abuse, making their role vital in identifying concerns and supporting children. Local Safeguarding Partnerships (LSPs) should consider including VCSEs in their safeguarding frameworks, even if not mandated by the 2018 Regulations. When LSPs designate these groups as relevant agencies, they should involve them in developing safeguarding plans and inform them of their cooperation duties. Additionally, non-statutory guidance After-School Clubs, Community Activities and Tuition: Safeguarding Guidance for Providers (Department for Education) outlines the safeguarding protocols these providers should follow, including managing concerns and understanding local referral processes.

4. Specific Roles and Responsibilities of Agencies

Chapter 4, Working Together to Safeguard Children (Department for Education), sets out the specific roles, duties and responsibilities for:

  • Children’s social care services -including Local Authorities and district councils that provide children’s and other types of services;
  • people in positions of trust;
  • schools, colleges and other educational providers;
  • early years and childcare;
  • Health;
  • Police;
  • Adult social care services;
  • Housing services;
  • British Transport Police;
  • Prison Service;
  • Probation Service;
  • Multi-agency public protection arrangements;
  • Children’s homes / secure estates for children;
  • Youth offending teams;
  • UK Visas and Immigration, Immigration Enforcement and the Border Force;
  • Children and Family Court Advisory and Support Service;
  • the Armed Services;
  • Channel panels;
  • voluntary, charity, social enterprise, faith-based organisations, and private sectors;
  • sports clubs / organisations.
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See also Multi-Agency Safeguarding Children Arrangements in Sussex (opens in a pdf)

The Safeguarding Partners (local authorities, chief officers of police, and integrated care boards) work together with relevant agencies (as they consider appropriate) to safeguard and protect the welfare of children in the area.

Last reviewed in October 2024.

Date of next review October 2025.

1. Introduction

A safeguarding partner in relation to a local authority area in England is defined under the Children Act 2004,  as amended by the Children and Social Work Act, 2017 as:

  1. the local authority;
  2. an Integrated Care Board for an area any part of which falls within the local authority area;
  3. the chief officer of police for an area any part of which falls within the local authority area.

The three safeguarding partners for Brighton & Hove, East Sussex and West Sussex each agree ways to co-ordinate their safeguarding services; act as a strategic leadership group in supporting and engaging others; and implement local and national learning including from serious child safeguarding incidents. It is also expected local education and childcare partners be included in strategic decision making because of the pivotal role they play in children’s daily lives and amount of time they spend with them.

For more detailed information, please refer to Chapter 2, Multi-Agency Safeguarding Arrangements, Working Together to Safeguard Children (Department for Education).

For specific arrangements in each Safeguarding Partnership, please see the following websites, which will include the published partnership arrangements and Annual Reports:

2. Purpose

The purpose of multi-agency safeguarding arrangements is to ensure that, at a local level, organisations and agencies are clear about how they will work together to safeguard children and promote their welfare. This means:

  • there is a clear, shared vision for how to improve outcomes for children locally across all levels of need and all types of harm;
  • when a child is identified as suffering or likely to suffer significant harm there is a prompt, appropriate and effective response to ensure the protection and support of the child;
  • organisations and agencies are challenged appropriately, effectively holding one another to account;
  • the voice of children and families combined with the knowledge of experienced practitioners and insights from data, provides a greater understanding of the areas of strength and/or improvement within arrangements and practice;
  • information is sought, analysed, shared, and broken down by protected characteristics to facilitate more accurate and timely decision-making for children and families, and to understand outcomes for different communities of children;
  • effective collection, sharing and analysis of data, enables early identification of new safeguarding risks, issues, emerging threats, and joined-up responses across relevant agencies;
  • senior leaders promote and embed a learning culture which supports local services to become more reflective and implement changes to practice;
  • senior leaders have a good knowledge and understanding about the quality of local practice and its impact on children and families.

To work together effectively, the Lead Safeguarding Partners, along with other local organisations and agencies, should develop processes that:

  • works together to safeguard and promote the welfare of all children in the local area;
  • includes and develops the role of wider local organisations and agencies in the safeguarding and promoting the welfare of all children in the local area.

3. Independent Scrutiny

Safeguarding partners must ensure that there are arrangements for effective independent scrutiny in place for their local area. Functions of the independent scrutiny role include:

  • provide safeguarding partners and relevant agencies with independent, rigorous, and effective support and challenge at both a strategic and operational level;
  • provide assurance to the whole system in judging the effectiveness of the multi-agency safeguarding arrangements through a range of scrutiny methods;
  • ensure that statutory duties are being fulfilled, quality assurance mechanisms are in place, and that local child safeguarding practice reviews and national reviews are analysed, with key learning areas identified and effectively implemented across the safeguarding system;
  • ensure that the voice of children and families is considered as part of scrutiny and that this is at the heart of arrangements through direct feedback, informing policy and practice;
  • be regarded as a ‘critical friend’ and provide opportunities for two-way discussion and reflection between frontline practitioners and leaders. This will encourage and enable strong, clear, strategic leadership;
  • provide independent advice when there are disagreements between agencies and safeguarding partners and facilitate escalation procedures.
  • evaluate and contribute to multi-agency safeguarding published arrangements and the annual report, alongside feeding into the wider accountability systems such as inspections.

4. Membership

Across Sussex the Lead Safeguarding Partners have equal and joint responsibility for local safeguarding arrangements. Should the lead representatives delegate their functions they remain accountable for any actions or decisions taken on behalf of their agency. Lead Safeguarding Partners in Sussex have identified Delegated Safeguarding Partners who are senior officers in their agency who have responsibility and authority for ensuring full participation with these arrangements.

For more detailed information on membership and the functions of the Lead and Delegated Safeguarding Partners, please refer to Chapter 2, Multi-Agency Safeguarding Arrangements, Working Together to Safeguard Children (Department for Education).

Safeguarding Partners should  include any local or national relevant agencies in partnership arrangements. Relevant agencies are those organisations and agencies whose involvement the safeguarding partners consider are required to safeguard and promote the welfare of local children. Lead Safeguarding Partners should set out in their published arrangements which organisations and agencies they require to work with them as relevant agencies.

A list of relevant agencies is set out in The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018. 

Relevant agencies must act in accordance with local safeguarding arrangements. As part of this, the organisation should:

  • have a clear understanding of its responsibilities in relation to safeguarding children locally, and how it will discharge them;
  • co-operate with safeguarding partners to improve, implement, and monitor effectiveness of the local safeguarding arrangements;
  • share information and data about safeguarding issues and concerns affecting the children involved in their organisation to contribute to local priorities;
  • ensure local multi-agency safeguarding arrangements are fully understood, and rigorously applied within their organisation.

5. Integration with Other Forums

To be effective, safeguarding partnership arrangements should link to other strategic partnership work happening locally to support children and families.

There are interdependencies between local arrangements and other strategic partnership work happening locally to support children and families. This will include but not be limited to other public boards, including Health and Wellbeing Boards, Adult Safeguarding Boards, Channel Panels, Improvement Boards, Community Safety Partnerships, the Local Family Justice Board, Multi-Agency Public Protection Arrangements (MAPPA) Strategic Management Boards, local drug partnerships, domestic abuse partnership boards, Corporate Parenting Board, Youth Offending Management Board and, where relevant, Violence Reduction Units.

6. Annual Report

Safeguarding partners must jointly report on the activity they have undertaken in a 12-month period (Children Act 2004 Section 16G). That reporting should be transparent and easily accessible to families and professionals. The focus of these reports should be on multi-agency priorities, learning, impact, evidence, and improvement. Reports must include:

  • what partnerships have done as a result of the arrangements, including on child safeguarding practice reviews;
  • how effective these arrangements have been in practice.

In addition, the report should also include:

  • the contribution of each safeguarding partner to the functioning and structure of the multi-agency safeguarding arrangements;
  • any themes emanating from aggregated methods of scrutiny, for example, reviews and scrutineer activity and multi-agency audits;
  • evidence of the impact of the work of the safeguarding partners and relevant agencies, including training, on outcomes for children and families;
  • an analysis of any areas where there has been little or no evidence of progress on agreed priorities
  • an analysis of learning from serious incidents;
  • a record of key decisions and actions taken by the safeguarding partners in the yearly cycle, including in relation to implementing the recommendations from any local and national child safeguarding practice reviews and the impact this has had;
  • ways in which the safeguarding partners have sought and utilised feedback from children and families to inform their work and influence service provision;
  • the breakdown of costs in delivering the arrangements for that period, including the financial contributions of individual partners, any changes to funding and an assessment of the impact and value for money of this funding;
  • evidence of how safeguarding partners are ensuring the adequate representation and input of education at both the operational and strategic levels of the arrangements;
  • an overview of how data is being used to encourage learning within the arrangements and evidence of how information sharing has improved practice and outcomes;
  • a review of the impact and learning from independent scrutiny arrangements to ensure the leadership is strong and the arrangements are leading to the desired and necessary impact;
  • any updates to the published arrangement with the proposed timescale for implementation;
  • evidence that national reforms have been implemented, taking into account key decisions and actions taken by safeguarding partners in response to reforms, and any issues or concerns encountered within the yearly cycle.

Where there is a secure establishment in a local area, safeguarding partners should include a review of the use of restraint within that establishment in their report, and the findings of the review should be reported to the Youth Justice Board, the Youth Custody Service, and His Majesty’s Inspectorate of Prisons.

Safeguarding partners should make sure the report is widely available. A copy should be sent to the Child Safeguarding Practice Review Panel ([email protected]) who will review it to identify any issues that may need escalation to a national level and Foundations (What Works Centre for Children and Families) ([email protected]), given its focus on learning within seven days of publication. To allow for consistency across local areas, these should be submitted and published by the end of September every year, starting from 2024, and should be reflective of work undertaken the previous financial year (April to March). If partners fail to submit the yearly report this may be escalated to the Secretary of State.

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Please note this policy is under review following the publication of Working Together to Safeguard Children, 2023.

Last reviewed November 2023.

Date of next review November 2026.

1. Introduction

The Sussex Joint Agency Protocol for Unexpected Child Deaths was originally published in 1999. This latest version updates the Sussex Child Death Review Practice Guidance 2020 and covers all child deaths. It takes into account the following:

These documents contain national recommendations relating to the investigation and reviews of child deaths.

2. Legislative Framework / Core Standards

The corporate responsibilities for child death reviews are explicit and are predominantly informed by legislation and national directives. The Sussex Child Death Review Partnership is required to fulfil its legal duties under the Children Act 2004, as amended by the Children and Social Work Act 2017.

This guidance sets out arrangements for undertaking child death reviews in Sussex. It should be read in conjunction and seen as complimentary with the following documents:

3. Scope and Purpose of this Protocol

This protocol aims to set out the processes to be followed when responding to, investigating, and reviewing the death of any Sussex child.

This includes the immediate actions that should be taken after a child’s death; the review of a child’s death by those who interacted with the child during life and any professionals involved in the investigation after death; through to the last stage of the child death review process which will be the statutory review arranged by the child death review partners by the Child Death Overview Panel (CDOP).

This guidance aims to clarify processes and sets out principles for how all organisations and professionals (e.g. Healthcare providers, Sussex Police, Local Authorities and ICB staff who care for children or have a role in the child death review process will work together to meet the below objectives:

  • to ensure a thorough, balanced systematic and sensitive approach is undertaken to establish, as far as possible the cause(s) of the child’s death focusing on history, examination and investigations, and to identify any potential contributory factors;
  • to ensure bereaved families are offered optimal support during a traumatic time, and that sensitivity is maintained alongside objectivity toward the cause/s of death;
  • to ensure the safety, wellbeing and welfare of siblings, any other children associated with child, and subsequent children;
  • multi-agency response and information sharing for the Child Death Review Process; maintain respectful professional curiosity and be aware of unconscious bias
  • to preserve evidence;
  • to identify and share learning.

All of these are of equal importance.

4. Terminology

Child

The child death review process covers children; a child is defined in the Act as a person under 18 years of age. A child death review must be carried out for all children regardless of the cause of death.

This includes the death of any live-born baby where a death certificate has been issued. In the event that the birth is not attended by a healthcare professional, child death review partners may carry out initial enquiries to determine whether or not the baby was born alive. If these enquiries determine that the baby was born alive the death must be reviewed.

For the avoidance of doubt, it does not include stillbirths, late foetal loss, or terminations of pregnancy (of any gestation) carried out within the law.

  • stillbirth: baby born without signs of life after 24 weeks gestation;
  • late foetal loss: where a pregnancy ends without signs of life before 24 weeks gestation.

Cases where there is a live birth after a planned termination of pregnancy carried out within the law are not subject to a child death review.

Child Death Review Partners

“Child death review partners” (“CDR partners”) are defined in section 16Q of the Children Act 2004 and means, in relation to a local authority area in England, the local authority and any ICB for an area any part of which falls within the local authority area. CDR partners for two or more local authority areas in England may agree that their areas should be treated as a single area. The responsibilities of CDR partners regarding the child death review process are set out in sections 16M-Q of the Children Act 2004. CDR Partners hold legal responsibility for ensuring that arrangements are made to review the death of a child who is normally resident within their local authority.

CDRM (Child Death Review Meeting)

The CDRM is a multi-professional meeting where all matters relating to an individual child’s death are discussed by professionals who were directly involved in the care of the child during their life, and any professionals involved in the investigation into their death. The nature of this meeting will vary according to the circumstances of the child’s death and the practitioners involved, and should not be limited to medical staff.

Child Death Overview Panels (CDOP)

Child Death Overview Panels (CDOP) is a multi-agency panel working on behalf of the CDR Partners to conduct the statutory review into the deaths of all live-born children normally resident within their area (from birth to 18 years of age). CDOPs identify factors in order to learn lessons and share any findings for the prevention of future deaths. CDOPs ensures independent, multi-agency scrutiny by senior representatives from key partner agencies (with no named responsibility for the child’s care during life) who together have expertise in a wide range of services regarding children’s health and wellbeing.

Designated doctor for child deaths

A senior paediatrician, appointed by the CDR partners, who will take a lead in coordinating responses and health input to the child death review process, across a specified locality or region.

Joint Agency Response

A coordinated multi-agency response (on-call health professional, police investigator, duty social worker), should be triggered if a child’s death:

  • is or could be due to external causes;
  • is sudden and there is no immediately apparent cause (including SUDI/C);
  • occurs in custody, or where the child was detained under the Mental Health Act;
  • where the initial circumstances raise any suspicions that the death may not have been natural; or
  • in the case of a stillbirth where no healthcare professional was in attendance

Key Worker

A person who acts as a single point of contact for the bereaved family, who they can turn to for information on the child death review process, and who can signpost them to sources of support. This person will usually be a healthcare professional.

Lead health professional

When a Joint Agency Response is triggered, a lead health professional should be appointed, to coordinate the health response to that death. This person may be the senior attending paediatrician or senior nurse, with appropriate training and expertise. This person will ensure that all health responses are implemented, and be responsible for ongoing liaison with the police and other agencies.

Medical Certificate of Cause of Death (MCCD)

An official certificate that enables the deceased’s family to register the death, provides a permanent legal record of the fact of death, and enables the family to arrange the funeral. It provides information on the relative contributions of different diseases to mortality.

Medical Examiner

A medical examiner is a senior medical doctor who provides independent medical scrutiny of all non-coronial deaths, they have a responsibility to ensure:

The purpose of the medical examiner system is to:

  • provide greater safeguards for the public by ensuring independent scrutiny of all non-coronial deaths
  • Promote timely and appropriate referrals of deaths to the coroner
  • provide a better service for the bereaved and an opportunity for them to raise any concerns to a doctor, or their appointed medical examiner officer, not involved in the care of the deceased
  • improve the quality of death certification
  • improve the quality of mortality data
  • to ensure that possible clinical governance concerns have been highlighted at an early stage.

National Child Mortality Database

A National Child Mortality Database (NCMD) formed in April 2019 and collects child mortality data to enable more detailed strategic analysis and interpretation of the data arising from the completed Child Death Review process across England. All CDOP’s are required to submit copies of their analysis and data collected. The NCMD will ensure that child deaths are learned from and this learning is widely shared, both locally and nationally.

PSIRF

The Patient Safety Incident Response Framework (PSIRF) sets out the NHS’s approach to developing and maintaining effective systems and processes for responding to patient safety incidents for the purpose of learning and improving patient safety. The PSIRF will replace the current Serious Incident Framework (2015) which described the process and procedures to help ensure Serious Incidents are identified correctly, investigated thoroughly and, most importantly, learned from to prevent the likelihood of similar incidents happening again.

Perinatal Mortality Review Tool (PMRT)

The PMRT is a web-based tool that is designed to support a standardised review of care of perinatal deaths from 22+0 weeks gestation to 28 days after birth. It is also available to support the review of post-neonatal deaths where the baby dies in a neonatal unit after 28 days but has never left hospital following birth. At clinicians’ discretion it might also be used for the review of deaths of live-born infants.

Learning Disability Mortality Review (LeDeR) programme

LeDeR is a service improvement programme that reviews the deaths of people aged 4 years and over with a learning disability and autistic people. LeDeR works to:

  • improve care for people with a learning disability and autistic people;
  • reduce health inequalities for people with a learning disability and autistic people;
  • prevent people with a learning disability and autistic people from early deaths;
  • deaths of any child aged 4-17 yrs (inclusive) with a known learning disability, will be reviewed through the Child Death Review process.

Post Mortem

This is the medical term for ‘autopsy’. In most cases this will involve an examination by a specialist pathologist including opening of the body and head, collection of samples for ancillary investigations and microscopic examination of tissue samples. The results of all such investigations are usually required before a medical cause of death can be provided.

SUDI / SUDC (sudden unexpected death in infancy / childhood)

This encompasses all cases in which there is death (or collapse leading to death) of a child, which would not have been reasonably expected to occur 24 hours previously and in whom no pre-existing medical cause of death is apparent. This is a descriptive term used at the point of presentation, and will include those deaths for which a cause is ultimately found (‘explained SUDI/SUDC’) and those that remain unexplained following investigation.

  • SUDI (Infants up to 24 months of age);
  • SUDC (Death of child over 24 months of age).

SIDS (sudden infant death syndrome)

The sudden and unexpected death of an infant under twelve months of age, with onset of the lethal episode apparently occurring during normal sleep, which remains unexplained after a thorough investigation, including performance of a complete post-mortem examination and review of the circumstances of death and the clinical history. It is preferred as a registered cause of death to other equivalent terms such as ‘unascertained’ or ‘undetermined’. Labelling a death as SIDS does not exclude the possibility that the child may have died of a natural or external cause that we have been unable to ascertain or prove conclusively.

Unascertained

This is a legal term often used by coroners, pathologists and others involved with death investigation, where the medical cause of death has not been determined to the appropriate legal standard, which is usually the balance of probabilities.

IPD (Immediate Planning Discussion)

An IPD is a discussion held amongst the attending health professional and on-call police before the family leave the emergency department. They will consider outstanding investigations, notification of agencies, arrangements for the post mortem examination, and plans for a visit to the home or scene of collapse by those with appropriate forensic training.

IISPM (Initial Information Sharing and Planning Meeting)

The IISPM is a multi-agency meeting held following the death of a child (usually by the next working day) where a Joint Agency Response is required. This is jointly planned by the Senior Investigating Officer, Lead Health Professional and Children’s Social Care. Multi-agency professionals and specialist agencies that have been involved with the child/family will be requested to attend.

HSIB (Healthcare Safety Investigation Board)

HSIB is hosted by NHS England and NHS Improvement. HSIB is independent from regulatory bodies including the Care Quality Commission (CQC) and they investigate safety incidents without attributing blame or liability. The focus is to identify opportunities to learn and to improve patient safety across the system.

5. Operational Protocol

A child death review must be carried out for all children regardless of the cause of death. This Child Death Operational Protocol Flowchart (opens as a pdf) sets out the main stages of the process.

6. Immediate Decision Making and Notifications (All Deaths)

6.1 Immediate decision making discussion

In order to respond appropriately to each death, senior professionals attending the child at the end of their life should consult with appropriate professionals in order to determine the correct course of action. They should within 1-2 hours:

  • identify the available facts about the circumstances of the child’s death;
  • determine whether the death meets the criteria for a Joint Agency Response (JAR) – see Section 8, Joint Agency Response Protocol;
  • determine whether the immediate and underlying cause(s) of death are understood;
  • follow the agreed end of life care plan put in place by the lead health care professional during their life, unless concerns have been raised about the circumstances of their death;
  • determine whether an issue relating to health care or service delivery has occurred or is suspected and therefore whether the death should be referred to the coroner and/or patient safety team for PSIRF investigation;
  • identify how best to support the family;
  • determine whether any actions are necessary to ensure the health and safety of others, including family or community members, healthcare patients and staff.

These discussions should be recorded in medical notes and the outcome of these discussions should also be fed back to the family. For template for this discussion, please see Appendix 3 of the Child Death Review Statutory and Operational Guidance (gov.uk).

If professionals become aware of a death or possible death from a relative or from an unusual source, please contact the CDOP team for discussion and confirmation.

7. Notifications

Within 24 hours of the death: a number of notifications must be made, this may vary depending on the circumstances of the death, age of child and the actions that must be taken.

The health care team should notify:

  • General Practitioner (GP): to inform the child’s GP of the fact and circumstances of the death, so that the GP is able to support the family;
  • Other professionals involved, as appropriate: midwives, health visiting, school nursing, acute and community medical teams, education, CCNs, social care, hospice;
  • Child Health Information System (CHIS);
  • The relevant CDR partners via their CDOP: through completion of a Notification Form via Sussex online eCDOP. Note: All professionals have a responsibility to notify their CDOP;
  • MBRRACE / PMRT;
  • Patient Safety / Clinical Governance;
  • Medical Examiners: Medical Examiners should be notified and consulted for all non-coronial cases.

Medical examiners should follow national recommendations made within Good Practice Series: National Medical Examiner’s Good Practice Series No 6. – Child Deaths (Royal College of Pathologists) – opens as a pdf.

The Coroner: The Coroner must be informed at the earliest opportunity of any violent or unnatural death, or the cause of death is unknown, or the deceased died while in custody or otherwise in state detention. The Coroner should normally be contacted via the Coroner’s Officer. The Coroner has control of what happens to the child’s body and will decide if a post mortem examination is necessary.

Although the cause of death for most children can be understood, it has been agreed for child deaths occurring only in East Sussex, these should be discussed with the Coroner prior to a MCCD (death certificate) being signed.

If at any stage concerns are raised that abuse or neglect may have contributed to the infant/child’s death or significant concerns emerge about safeguarding issues, the senior Police officers, Head of Safeguarding or designated doctor for child death should be contacted for consideration of a Joint Agency Response. In these cases the police will normally take the lead in investigating the death. An initial multi-agency strategy discussion should be organised for any live siblings or children considered at risk.

After immediate decisions have been taken and relevant notifications made, a number of investigations may then follow. They will vary depending on the circumstances of the case and may run in parallel.

8. Joint Agency Response (JAR) Protocol

The Sudden Unexpected Death in Infancy and Childhood (PCP and RCPCH) – opens in pdf- gives comprehensive advice and expectations of all agencies involved in a JAR, and should be applied in full by all agencies. This protocol should be seen as complementary to the SUDI/C Guidelines.

The aims of the JAR are documented within the above guidelines however professionals should respond to meet the Sussex Child Death Review objectives which have been documented above.

A JAR should be triggered if a child’s death:

  • is or could be due to external causes;
  • is sudden and there is no immediately apparent cause (incl. Sudden Unexpected Death in Infancy/Childhood: SUDI/C);
  • occurs in custody, or where the child was detained under the Mental Health Act;
  • where the initial circumstances raise any suspicions that the death may not have been natural;
  • in the case of a stillbirth where no healthcare professional was in attendance.

A Joint Agency Response should also be triggered if such children are brought to hospital near death, are successfully resuscitated, but are expected to die in the following days. In such circumstances the Joint Agency Response should be considered at the point of presentation and not at the moment of death, since this enables an accurate history of events to be taken, appropriate clinical investigations and, if necessary, a ‘scene of collapse’ visit to occur.

A Joint Agency Response should also be triggered where there is evidence that a child may be presumed dead. For example: A child being witnessed to have washed out to sea.

When a child with a known life limiting and or life-threatening condition dies in a manner or a time that was not anticipated, the lead health professional should liaise closely and promptly with a member of the medical, palliative or end of life care team who knows the child and family, to jointly determine how best to respond to that child’s death. If there are concerns that the death was premature or unusual this may trigger a JAR. Advice can be sought from the coroner or the designated doctor for child death/ CDR nurse team.

In these circumstances for a child with an End of Life Care Plan the arrangements may differ: For example, the coroner decides where the child’s body may be taken and this decision may be different to what was set out in the family’s prepared plan.

All deceased children that meet the criteria for a JAR should ideally be transferred to the nearest Children’s Emergency Department (ED) that will enable the JAR to be triggered and appropriate clinical investigations performed and hospital unexpected child death proforma completed.

However, deceased children (older than 12 years of age) that die in traumatic circumstances such as suspected/completed suicide, traumatic Motor Vehicle Accident / rail incidents with severely disrupted body can be transferred straight to the hospital mortuary from the scene/home. The agreement on where the deceased child will be transported, will be made between Coroners Officer, lead health professional and lead police investigator.

In any of these circumstances, the lead health professional, on-call police and social work team and the child death review nurse team (within working hours) should be contacted immediately to convene an Immediate Planning Discussion.

The Coroners’ officer should also be called and will attend ED.  A discussion should take place with the on-call Consultant Paediatrician to plan the external examination and discuss what samples are required to be taken. If the child’s body has been transferred straight to the hospital mortuary from the scene/home the coroners’ officers will contact the on-call Consultant Paediatrician to consider and plan the external examination and discuss sampling.

This should include (as a minimum) the lead health professional, and lead police investigator and ideally take place before the family leave the emergency department (if applicable). Input from Children’s Services, the ambulance crew involved in the transfer to hospital and CDR nurse team is desirable. If these professionals are not able to attend a face to face discussion then their contribution may need to be virtual.

This Immediate Planning Discussion (IPD) should consider the factors listed in Section 8, Joint Agency Response Protocol, and also the following:

  • any immediately available background information from health, police or social services and any concerns arising from this information;
  • the safety and wellbeing of any other children in the household;
  • Ensure that the coroners office is notified at the earliest opportunity;
  • arrangements for the post-mortem examination, and plans for a visit to the home or scene of collapse by the lead police investigator and child death review specialist nurse / paediatrician;
  • check that arrangements are in place for timely notification of all relevant agencies and professionals.

These discussions should be recorded in medical notes.

The Multi-Agency Safeguarding Hubs for Children (by area of residency) should be alerted as a matter of urgency so that the Joint Agency Response Initial Information Sharing and Planning Meeting (IISPM) can be arranged and chaired.

When responding to a child death who is resident outside of Sussex, the chairing of an IISPM may vary depending on their local child death procedures and on the circumstances of death. Professionals should liaise between children’s social care teams regarding planning of the IISPM. When a Sussex child dies out of area, the expectation is that the health professionals, police and senior social workers in that area will respond and liaise with local teams.

An Initial Information Sharing and Planning Meeting (IISPM) should be held as soon as possible after the death. This meeting:

  • will be convened, chaired and minuted by Children’s Social Care (CSC);
  • usually takes place on the next working day (during working hours) to ensure all relevant professionals can attend;
  • may include a pre-meeting to discuss detailed accounts with medical staff and initial responders to discuss specific circumstances surrounding the death and clinical details that may not be appropriate for open discussions. A sanitised overview will be provided to all attendees of the IISPM this to reduce the risk of vicarious trauma;
  • (as a minimum) should involve the lead health professional, lead police investigator, ambulance staff and child death review nurse;
  • rhe designated doctors for child death and local CDOP Manager should be invited so that they are aware of the meeting;
  • should include multi-agency professionals and specialist agencies that have been involved in the child’s life / knew the family. Some agencies may not have known the child in their life but will be involved in the investigation/review following the death;
  • must invite a Public Health Consultant where the death is a suspected suicide;
  • when is a child is suspected to have completed suicide, please ensure the NCMD JAR Checklist for suspected suicide is considered Joint Agency Response checklist for suspected suicide;
  • within five working days, minutes of the meeting must be sent to the coroner, pathologist and the Pan-Sussex CDOP management team.

Where a child usually resident in Sussex, but has died out of local area, the local authority in which the child is usually resident is responsible for holding an IISPM.  The local authority where the child has died will host the Strategy Discussion, and the local authority where the child is usually resident will contribute.

The purpose of the IISPM is:

  • to share information currently available and obtain additional information from each agency’s service and knowledge of the child, family and others involved. In particular:
    • events leading to and the circumstances of the child’s death;
    • healthcare provided to the child including medical intervention;
    • the physical environment (including home or scene of death information);
    • previous or ongoing child protection or safeguarding concerns;
    • previous unexplained or unusual deaths in the family;
    • lived experience of the child;
    • parental capacity including emotional and physical concerns;
    • possible or confirmed medical conditions within the immediate family;
    • service issues / failures / concerns;
    • social media usage of the child;
  • consider the possible cause/s of death;
  • plan future care and support of the family, including who will provide the family with bereavement support;
  • consider the needs of siblings and other children in the household;
  • identify support for the child’s immediate and extended peer groups and professionals;
  • consider triggering a contagion for suspected suicide;
  • identify any immediate and urgent learning to be shared;
  • enable consideration of any child protection risks to siblings/any other children living in the household and to consider the need for child protection procedures and any other action (Section 47 enquiries);
  • agree whether a follow-up meeting should be held (usually after the preliminary post mortem results is available and permission to share the result has been given by the coroner);
  • agree whether a referral should be made to the child safeguarding partnerships for consideration of a rapid review. It may be more appropriate to convene a short meeting after the IISPM with a few key (CSC, Designated Doctor/nurse, Police) to decide if the criteria are met. In most cases it will be more appropriate to await the outcome of the full medical examination, results and post mortem examination (provisional or completed);
  • identify any other actions or investigations that may be necessary;
  • to consider whether a communication strategy is required;
  • agree agency responsible for convening the CDRM.

If JAR professionals identify safeguarding risk/s, further information is needed or emerging information that needs to be discussed, CSC should arrange a Follow up Initial Information Sharing and Planning Meeting. This should include the lead health professional (paediatrician), child death review specialist nurse, police investigator and coroner’s officer to:

  • review any emerging information including preliminary PM results, outcome of the joint visit (if undertaken), results of any other investigations;
  • consider what is known about the cause of death and any possible contributory factors;
  • determine whether any further investigations or enquiries are required, including the need for a forensic post-mortem;
  • confirm what information can be provided to the family, how this will be shared, and by whom;
  • consider whether a referral to the Partnership’s Child Safeguarding Practice Review Group is required.

The information shared at both the IISPM and follow-up meetings (including the minutes) are strictly confidential and should only be shared on a need to know basis. This information must not be shared outside of attendees organisation without prior consent from the chair or CDR Partnership (LA and ICB). The minutes should be stored in line with organisations Data Protection and Confidentiality procedures.

In circumstances where a child has died, and abuse or neglect is known or suspected to have caused or directly contributed to the death, professionals at the initial information-sharing and planning meeting should notify the safeguarding partners. They have the responsibility to determine whether the case meets the criteria for a local child safeguarding practice review. (it is important to be aware that this referral can occur at any part of the child death review process).

Professionals should refer to Child Safeguarding Practice Review Panel guidance (gov.uk) or contact the relevant Head of Safeguarding.

8.1 Responsibility for deciding whether to notify

Where an agency other than the local authority becomes aware of an incident that appears to meet the criteria for notification to the National Panel, they should discuss this with their local authority counterparts to reach an agreement on whether or not to notify. There may be instances where safeguarding partners do not initially agree on whether there is a need to notify the National Panel following a serious incident. For instance, it may be unclear whether an incident appears to have met the criteria for notification, although we hope this guidance provides further help. Discussion between safeguarding partners about cases and the decision to notify is crucial. Strong partnership working is predicated on collaboration and open dialogue. Where agreement cannot be reached through dialogue between the safeguarding partners alone, we encourage using the support of appointed independent scrutineers to help resolve differences. Ultimately however, the final decision on whether or not to submit a notification to the Panel following an incident is the responsibility of the local authority. Should a child death review partner consider at any time during the CDR process that a referral should be made they should present their rationale to the relevant Head of Safeguarding and Designated Doctor in their capacity as Statutory leads of the CDR process. This approaches also utilises their professional expertise as members of the Case Review Group.

The Local Authority must also notify Secretary of State and Ofsted where a child looked after has died, whether or not abuse or neglect is known or suspected.

9. Suspected Suicide

A child suspected suicide should always follow the Joint Agency Response process and professionals should also follow the procedure in Response to a suspected suicide chapter.

LA areas should follow their guidance to managing suicide especially in educational settings.

9.1 Initial action at the scene

Ambulance staff:

The ambulance service Emergency Operations Centre will immediately notify the police control room when there is a call to the scene of an unexpected child death.

The recording of the initial call to the ambulance service should be retained in case it is required for evidential purposes.

Ambulance staff should follow the Joint Royal Colleges Ambulance Liaison Committee Guidelines and the South East Coast Ambulance Service Safeguarding Procedures. In summary:

    • do not automatically assume that death has occurred, clear the airway and if in any doubt about death apply full cardiopulmonary resuscitation;
    • transport the child to an accident and emergency department *;
    • inform the accident and emergency department giving estimated time of arrival and patient’s condition;
    • record how the body was found – including the position of the child (e.g. prone) clothing worn and the reported circumstances;
    • note any comments made by the carers, any background information given, any evidence of possible substance misuse and the conditions of the living accommodation;
    • pass on all relevant information to the accident and emergency department receiving doctor and to the police.

Any suspicions should be reported directly to the police and the receiving doctor at the hospital as soon as possible.

*All children who suffer cardiac and respiratory arrest must be taken to hospital, this will not be a difficult decision on most occasions as the child or baby will be actively resuscitated. However, there are some occasions, although extremely rare, when the decision is made not to resuscitate, historically these cases have been left at home, it is vital that now, even these cases are transported to hospital. This does not mean that resuscitation should be undertaken just to facilitate transport.

The reason for this is to enable the process for investigating the cause of death to start as soon as possible after the event. It has been shown that cell and tissue deterioration occurs extremely quickly in children and this can have a dramatic effect on whether a definitive cause of death can be found. This, of course, must be dealt with as sensitively as possible.

In these circumstances the crew should:

  • explain fully the reason for transport to hospital to the parents;
  • inform the receiving hospital via a pre-alert through the Emergency Operations Centre (EOC) before leaving scene. EOC should make arrangements with the paediatrician on duty to meet the family, usually within the A&E department;
  • update the police regarding the movement of the patient if they are not already present. Parents have the right to find out what has caused their child to die and getting the investigation underway as soon as possible will give them the best chance of getting that answer;
  • parents have the right to find out what has caused their child to die and getting the investigation underway as soon as possible will give them the best chance of getting that answer.

The only exceptions to the above would be when the death has occurred following planned end of life or palliative care, or when the cause of death is very obvious such as in the case of severe trauma. Under these circumstances transfer to local mortuaries (under the direction of the police, coroners officer and consultant paediatrician) or leaving the patient at home will remain the appropriate course of action.

Police staff:

The provision of medical assistance to the child is obviously the first priority. If an ambulance is not present ensure one is called immediately and consider attempting to revive the child unless it is absolutely clear that the child has been dead for some time. Ensure that the Detective Inspector (DI)/Detective Sergeant (DS) is informed of any resuscitation attempts in order that they can inform the pathologist.

The first officer at the scene must make a visual check of the child and his/her surroundings, noting any obvious signs of injury. Handle the child as if he or she were alive; ascertain and use the child’s name whenever referring to the child.

Normally the first officer attending the scene will be responding to an emergency call relating to a child’s death. This officer will assume control of the situation being mindful of the sensitivity of the situation and ensure that the following specialist officers are contacted and attend:

  • a detective inspector (DI) must be contacted to take charge of the investigation and attend the scene. Where available this will be a DI who has received training in Investigating Sudden Childhood Death. This will not apply in incidents where the death is as a result of a road traffic collision (RTC). In these cases the duty senior investigating officer (SIO) arrangements for the investigation of Road Traffic Collisions (RTC) will apply.

The DI attending the scene of the death will:

  • assess and appropriately preserve the scene;
  • decide what level of investigation is necessary;
  • if at any stage the inquiry indicates that the death is suspicious then a Force Senior Investigating Officer (SIO) must be contacted immediately;
  • consider the need for seizure of exhibits and any photography/video recording;
  • discuss with the Coroner’s officer/Coroner and paediatrician of the need to undertake a skeletal survey prior to the PM, and if authorised arrange in consultation with the consultant paediatrician. Arrangements will vary between Coroner’s areas;
  • confirm with the Ambulance Service where the child will be taken depending on the circumstances;
  • where the death is initially unexplained, ensure the child is examined at the hospital by a consultant paediatrician;
  • ensure the attendance of an appropriate police officer at the PM to fully brief the pathologist;
  • notify circumstances of death to local CDOP in cases where a child is not taken to A&E but goes direct to a mortuary

A Detective Sergeant, or if unavailable a Detective Constable, from the relevant Safeguarding Investigations Unit should attend in support of the Lead investigator. When Safeguarding Investigations Unit officers are not on duty the Divisional Duty DS or DC should attend the scene but hand over any enquiries to the Safeguarding Investigations Unit at the earliest opportunity. They will:

  • act as a source of advice on child protection matters to the DI;
  • consider any apparent child protection issues at the scene;
  • consider the needs of any siblings;
  • undertake enquiries at the direction of the DI;
  • discuss and if appropriate arrange a joint home visit with a consultant paediatrician or CDR Specialist Nurse;
  • inform the Coroner’s Officer;
  • initiate immediate planning discussion;
  • ensure in liaison with the paediatrician that all medical records and a copy of the pathologist’s enquiry form are made available at the PM;
  • request and retain the relevant personal child health record form the parents and provide copies to health professionals when requested.

9.2 The scene

Role of the Police:

The preservation of the scene and the level of investigation will be relevant and appropriate to the presenting factors. This must be done sensitively and where possible avoiding wearing uniform.

Officers initially attending the scene should ensure it is preserved until the DI attends. Any relevant items should be drawn to their attention, but the DI will decide what items will be retained and removed from the scene.

Consideration should be given to:

  • commencing a scene log;
  • photographs / video of the scene;
  • only retain bedding if there are obvious signs of forensic value such as blood, vomit or other residues. The routine collection of bedding is neither necessary for any investigative purpose, nor appropriate for the family;
  • retain items such as the child’s used bottles, cups, food or medication;
  • the child’s nappy and clothing should remain on the child but arrangements should be made for them to be retained at the hospital. If the nappy has already been removed from the baby prior to police arrival ensure that it is recovered from the parents and handed to the paediatrician at the hospital for possible laboratory investigation. There is no need to retain any other clothing unless the baby’s clothes have been changed prior to the arrival of the police;
  • records from the ambulance monitoring equipment which may be of evidential value; it is possible this information may only be retained for 24 hours.

The above is NOT an exhaustive list of considerations and should be treated only as a guide. They will not be necessary in every case. Refer to Appendix 3: Factors which may Arouse Suspicion.

If it is necessary to remove items from the house, do so with consideration for the parents. Explain that it may help to find out why their child has died. Ask the parents if they want the items returned.

Record any environmental features which may indicate neglect or could have contributed to the death such as temperature of scene, condition of accommodation, general hygiene and the availability of food / drink.

At home, unless the death is clearly unnatural, there is no reason why parents cannot hold their dead child. This should however take place under the discreet observation of a police officer.

9.3 At the hospital

Hospital staff

Appropriate clinical investigations (commonly referred to as the Kennedy samples) should be performed in some cases. The focus for the Kennedy guidance is on children aged 0–24 months, but in order to be consistent with Working Together, which covers all children aged 0–18 years, it is suggested that these principles may apply to children of all ages, although there will be exceptions. The decision whether to take Kenedy samples should be made by the lead paediatrician, in discussion with the DI and/or Coroner/coroner’s officer.

It is unlikely that skeletal surveys will be completed out of hours.

The paediatrician should endeavour to examine the.  child’s (particularly infants) eyes with an ophthalmoscope, however the findings of this merely guide the ‘investigation’ and cannot be used as evidence in legal proceedings. If there are concerns there may be traumatic injuries to the eyes (retinal haemorrhages etc – (a retinal haemorrhage is bleeding from the blood vessels in the retina at the back of the eye)) the Police will need to arrange a forensic post-mortem examination.

Certain factors in the history or examination of the child may give rise to concerns about the circumstances of death. If such factors are identified, they should be documented and shared with the coroner, Police and professionals in other key agencies. All injuries should be recorded and the lead police investigator should arrange a photographic record.

  • Ensure that the child is taken to the appropriate area of the Accident and Emergency Department even if they appear to have been dead for some time. The child should not be taken straight to the mortuary. (See Bodies of Children under 12 yrs of age (unexpected deaths) for exceptions to this e.g. children > 12 years who have died as a result of trauma).
  • Call the duty consultant paediatrician and the resuscitation team. Find out the identity of the people with the child and their relationship to the child. Use the child’s first name.
  • Allocate a nurse to look after the family to keep them informed about what is happening. The nurse should record any medical or other information they obtain.
  • A detailed history and examination are extremely important in the process of trying to identify the cause of death.
  • A paediatrician should record a detailed verbatim history of events leading up to the death, past and recent symptoms, any resuscitation attempts at home and any family history of childhood deaths or serious illness.
  • A full examination should be undertaken by a paediatrician and a careful record of any findings made on a body chart, including:
    • the child’s general appearance, cleanliness, any blood or secretions around nose or on clothes;
    • marks on skin, bruises, abrasions, other injuries, skin conditions;
    • marks from invasive procedures or resuscitation attempts such as venepuncture, cardiac puncture or cardiac massage;
    • lesions inside the mouth including frenulum/frenum and identifying possible effects of intubation;
    • appearance of retinae, although these may not be clearly seen;
    • any signs of injury to the genitalia or anus.

Traumatic deaths (over 12ys):

  • Visual external examination of the body should take place with Paediatrician, Coroner’s officer and Police Lead Investigator – unless the body is significantly disrupted (in cases such as death on railway)
  • Blood and urine samples (especially toxicology) should always be considered. The remaining Kennedy samples are not normally necessary in these cases. Any disagreement should be referred to the Coroner.
  • Vitreous humour samples may be taken by hospital mortuary technicians if required.

Bodies of Children under 12 yrs of age (unexpected deaths):

  • Visual external examination of the body should take place with Consultant Paediatrician, Coroner’s officer and Police Lead Investigator. In some cases it will not be necessary for a paediatrician to conduct this (lead paediatrician to discuss with the DI and Coroner).
  • Clinical judgement should be applied when considering the taking of the Kennedy samples (if there is no apparent cause of death then a full set should be attempted). A discussion should take place between the consultant Paediatrician/Coroner’s Officer and Police Lead Investigator.  Any disagreement should be referred to the Coroner.
  • Blood and urine samples should always be attempted.
  • Vitreous humour samples may be taken subsequently by hospital mortuary technicians.

9.4 Assessment of the environment and circumstances of the death (joint home / scene visit)

As soon as possible and when relevant, after the infant/child death, the lead paediatrician or CDR specialist nurse (this should be considered at the IISPM) and police investigator should jointly visit the family at home or at the site of the infant/children collapse or death. Prior to the visit, the lead paediatrician and/or CDR specialist nurse with the police investigator should inform the family of the nature and purpose of this home visit.

The purpose of this visit is to obtain more detailed information about the circumstances of the death, assess the environment in which the infant/child died (or collapsed) and to provide the family with information and support.

This visit should normally take place within daylight hours, after the IISPM, and within 24 – 48 hours of the death. If there is likely to be a delay in arranging the joint visit, the police investigator should consider whether the police should carry out an initial visit to review the environment, ascertain whether there are any forensic requirements and appropriately record what is found. Unless there are clear forensic reasons to do so, the environment within which the infant died should be left undisturbed so that it can be fully assessed jointly by the police and health professional, in the presence of the family. CDR Nurse or paediatrician should consider the sleep environment, including temperature of the room, bedding, ventilation, smoke and other hazards etc.

Professionals should ensure adequate time is allocated for the visit and to allow for the family to go at their own pace, respecting that they may find it difficult to talk through the events or go into the room where the infant has died. It is likely that family friends or grandparents may be present to support the parents, and this should be respected.

The initial history should be reviewed at the home visit with the family to ensure that all information is accurately captured and any points that were unclear or missing clarified.

Particular note should be made of any observations made by the family in the days before the infant’s death. They may have taken photographs or video clips on a mobile phone that could shed light on the child’s health or condition before death.

Consideration should be given to reconstruction of the sleeping environment, for example, with the use of a doll or prop. There is no strong evidence that this provides a more accurate understanding of the mode or circumstances of death, but it may prove helpful, particularly if the account is not clear, or if there are indications of possible overlaying or asphyxiation. At all times care should be taken not to further distress the family if a reconstruction is required.

The police lead investigator should consider whether to request crime scene investigators to take photographs or a video of the scene of the infant’s death, and whether any items should be seized for further forensic investigation. Other possible relevant recordings, such as room temperature, are detailed within the police-approved professional practice guidance for investigators.

It is rarely necessary to seize bedding or clothing and these rarely add anything to the investigation. However, there may be circumstances when an infant’s cot or other sleeping environment needs to be taken for further examination. This should only be taken after the joint visit, so all items can be seen first in situ. Similarly, there may be circumstances where an infant’s feeding bottle or other feeds or medications need to be taken for further analysis.

The family should be informed of the further investigations that will need to be carried out, including the post-mortem examination, and how and when they will be informed of the results.

The CDR specialist nurse should share bereavement resources from the Lullaby Trust, to help parents, families, and carers understand and navigate the child death review process. This document should be offered, in a printed format, to all bereaved families and/or carers. The family should be informed that the CDR specialist nurse will act as their point of contact for support or advice and also, given contact details for local bereavement support and relevant local or national organisations.

Following a review of all the information gathered a report of the initial findings, including details of the history, initial examination of the infant and findings from the home visit, as well as an account of any medical investigations and procedures carried out should be prepared by the paediatrician or CDR specialist nurse. This may be done using a proforma, should be completed as a matter of urgency.

This report should be made available to the pathologist, the coroner, the police investigator and local CDOP as soon as possible, and prior to the post-mortem examination to inform the pathologist.

10. Investigation and Information Gathering

After the immediate decisions and notifications have been made, a number of investigations may then follow. Which investigations are necessary will vary depending on the circumstances of the individual case. They may run in parallel, and timeframes will vary greatly from case to case. These may include:

The learning from these investigations and concurrent processes may inform the CDRM and must be available for the anonymous independent review by CDR partners at CDOP.

Staff from all agencies need to understand that on occasions in suspicious circumstances (please see 11.1.139 – ‘Factors that arise suspicion’) the early arrest of parents or carers may be essential in order to secure and preserve evidence and to facilitate the investigation. Professionals need to be aware that they may be required to provide statements of evidence in these circumstances.

Essential information such as demographic data, detailed information relating to the circumstances of death with consideration of the medical and social history, the physical environment and any service delivery issues for the child and family must be gathered for all child deaths. Agencies or professionals who have information relevant to a child death will be requested by the CDOP to complete a Reporting Form.

11. Post Mortem Examination (Coronial)

The aim of the post mortem examination is to establish, as far as is possible, the cause of death. This investigation will concentrate not just on the infant, but will consider the family history, past events and the circumstances. These factors can be helpful in determining why an infant died. All parts of the process should be conducted with sensitivity, discretion and respect for the family and the infant who has died

When the death has been reported to the coroner, depending on the circumstances of the death, a PM may be requested, which will be carried out by a paediatric pathologist (or in specific circumstances, an adult pathologist or home office forensic pathologist). The coroner is required by law to order a post-mortem when a death is suspicious, sudden or unnatural, consent will not be asked by the family for this to take place.

Prior to commencing the examination, the pathologist should be fully briefed on the history and physical findings at presentation, and on the findings of the death scene investigation by the lead health professional, Specialist CDR Nurse and police investigator. Other photographs of the infant that may have been taken at presentation or in the emergency department should also be made available.

If significant concerns have been raised about the possibility of neglect or abuse having contributed to the infant/child’s death, a forensic pathologist should accompany the paediatric pathologist and a joint post-mortem examination protocol should be followed.

Families have the right to be represented at the PM by a medical practitioner of their choice, provided they have notified the coroner of their wishes. The final decision rests with the Coroner.

The coroner should be immediately informed of the initial results of the PM, which may also, with the coroner’s permission, be discussed with the lead health professional and lead police investigator as required.

Once the initial results of the post mortem (or provisional results) are known the lead health professional should be informed and an interim/review discussion or consideration of a follow up IISPM should take place.

These discussions may take the form of telephone discussions. However where the circumstances are complex or there are many professionals involved a further multi-agency meeting(s) may be required.

The lead health professional and the police investigator (where appropriate) should, with the coroner’s permission, arrange to meet the family to discuss the initial findings. It is important at that stage to emphasise that the findings are preliminary, that further investigations may be required, and that it is not possible, at that stage, to draw any conclusions about the cause of death. The family must be kept up to date as results come back and the lead health professional should offer to meet with the parents once the final PM report is completed. Parents MUST NOT receive a PM report directly, this can be traumatic for them and requires careful direct communication; the paediatrician’s role is to help the family understand the findings of the post mortem.

As part of the explanation about the PM examination given to the family, the coroner’s officer must explain that, according to the Coroners (Investigation) Regulations 2013, tissue samples will be taken and that, following the coroner’s investigation, the family can determine the fate of the tissue according to the Human Tissue Act 2004.

12. Post Mortem Examination (Non-Coronial):

Hospital Post-mortems are sometimes offered to families and will be requested by doctors. This could provide more information about an illness or the cause of death, or to further medical research. Hospital post-mortems can only be carried out, with consent.

If a hospital post-mortem was requested, the results should be sent to the referring hospital and results discussed with the family. If the PM brings new information to light to the referring hospital that brings the cause of death on the MCCD into question, this should be discussed with the coroner, paediatrician and medical examiner.

13. NHS Serious Incident Investigation

Serious incident investigations are undertaken with the sole aim of learning about any problems in the delivery of healthcare services and in understanding the causes and contributory factors of those problems of which there may be several. Awareness that a serious incident may have occurred may come sometime after the child’s death. It is never too late to instigate a serious incident investigation. Serious incident investigations may occur in parallel to other investigations e.g. a Joint Agency Response.

NHS serious incident investigations are not conducted to hold organisations or individuals to account. They are designed to generate information that can be used to implement effective and sustainable changes to care provision, to reduce the risks of similar problems occurring in the future.

NHS trusts use the Serious Incident Framework (2015) to guide their investigation of serious incidents however in future will transition to an updated Patient Safety Incident Response Framework (PSIRF).

14. The Healthcare Safety Investigations Branch (HSIB)

Healthcare Safety Investigations Branch (HSIB) carries out independent investigations into safety concerns that occurred after 1 April 2017, within NHS funded care in England. Its objective is to be thorough, independent and impartial in its approach without apportioning blame or liability. The HSIB accepts referrals from any source, and these can be made through the HSIB website. The investigations that are taken forward are chosen due to their potential to achieve system-wide learning and improvement, and ultimately to improve the care provided for patients. This is accomplished by working collaboratively with all involved in the incident, including patients and families, to establish cause and make recommendations that enable system-wide change.

Separately, HSIB investigate NHS Serious Incident Investigation cases of intrapartum stillbirth, early neonatal deaths and severe brain injuries from 37 weeks gestation. These investigations will continue to be characterised by a focus on learning and not attributing blame, and the involvement of the family is a key priority, but will not be covered by the safe space principles unlike their national investigations into broader safety concerns.

15. Family Engagement and Bereavement Support

As stated, it is important for every family to have their child’s death sensitively reviewed in order to, where possible, identify the cause of death and to ensure that lessons are learnt that may prevent further children’s deaths. All parents and carers should be informed about the child death review process and are given the opportunity to contribute to investigations, meetings and be advised of their outcomes.

All staff in all agencies and organisations have a duty to support bereaved parents and carers after their child’s death and to show kindness and compassion. It should be remembered that bereaved parents may be in state of extreme shock when their child has died.

Where there have been issues with the quality of care provided, healthcare organisations have a duty of candour to explain what has happened, to apologise as appropriate, and to identify what lessons may be learnt to reduce the likelihood of the same incident happening again. This provision should extend beyond the medical sector to any instances of error in the care of the child.

Each child death is unique, therefore the support around the family is individual to the family and the circumstances of the child’s death.  The family/carers may receive support from different services as the processes that follow the death of a child can be complex, in particular when multiple investigations are required. Recognising this, all bereaved families should be given a ’keyworker’ to whom they can provide information on the child death review process, the course of any investigations pertaining to the child, including liaising with the coroner’s officer and any police family liaison officer and who can signpost them to sources of support.

When a child death triggers a JAR, the keyworker will usually be the CDR specialist nurse and this should be confirmed at the IISPM.

In the case of an explained death, the keyworker is likely to be a member of the CDR nurse team or an appropriate health professional. For all deaths, families should be able to contact their keyworker during normal working hours.

An appropriate consultant neonatologist or paediatrician should also be identified after every child’s death to support the family. This might either be the doctor that the family had most involvement with while the child was alive or the designated professional on-duty at the time of death. The keyworker where appropriate, will liaise with the allocated doctor to arrange necessary follow-up meetings at locations and times convenient to the family.

At the time of a child’s death, other professionals may also provide vital support to the family; these include (but are not limited to) the GP, clinical psychologist, social worker, family support worker, midwife, hospice, community nurse, health visitor or school nurse, palliative care team, chaplaincy and pastoral support team.

Parents should be informed by their key worker/CDR nurse, that the review at CDOP will happen, and the purpose of the meeting should be explained. Particular care and compassion is needed when informing parents about the meeting and its purpose, to avoid adding to parents’ distress or giving the impression in error that the parents are being excluded from a meeting about their child. With this in mind, it should be made clear that the meeting discusses many cases, and that all identifiable information relating to an individual child, family or carers, and professionals involved is redacted.

It should also be explained to parents that because of the anonymous nature of the CDOP review, it will not be possible to give them case specific feedback afterwards.

Parents should be assured that any information concerning their child’s death which they believe might inform the CDOP review would be welcome and can be submitted to the CDOP Management team.

16. Child Death Review Meetings for All Deaths

The CDRM is a multi-professional meeting where all matters relating to an individual child’s death are discussed by the professionals directly involved in the care of that child during life and their investigation after death.

In all cases, the aims of the CDRM are to:

  • review the background history, treatment, and outcomes of investigations, to determine, as far as is possible, the likely cause of death;
  • ascertain contributory and modifiable factors across domains specific to the child, the social and physical environment, and service delivery;
  • describe any learning arising from the death and, where appropriate, to identify any actions that should be taken by any of the organisations involved to improve the safety or welfare of children or the child death review process;
  • review the support provided to the family and to ensure that the family are provided with the outcomes of any investigation into their child’s death; a plain English explanation of why their child died (accepting that sometimes this is not possible even after investigations have been undertaken) and any learning from the review meeting;
  • ensure that CDOP and, where appropriate, the coroner is informed of the outcomes of any investigation into the child’s death; and
  • review the support provided to staff involved in the care of the child.

For deaths of babies in a midwifery unit, on delivery suite, and in a neonatal intensive care unit, the child death review meeting will often be known as a perinatal mortality review group meeting. This meeting is supported by the use of the national Perinatal Mortality Review Tool (PMRT) and advice and support about the use of the tool is provided by the MBRRACE-UK / PMRT Team.

The CDRM is a professionals-only meeting chaired by a suitable lead professional within the organisation where the death was declared. In order to allow full candour among those attending, and so that any difficult issues relating to the care of the child can be discussed without fear of misunderstanding, parents should not attend this meeting. However, parents /carers should be informed of the meeting by their keyworker and have an opportunity to contribute information and questions through their keyworker if the family choose to engage with the child death review process.

The CDRM is usually arranged by the organisation which confirms the death of the child and considered an integral part of wider clinical governance processes. The organisation of the meeting might be informed by practical considerations relating to where the majority of the child’s treatment took place.

In exceptional cases where the deceased child / young person has not been taken to the hospital, the most relevant agency/service should lead on and arrange the CDRM.

The meeting should take place once investigations (e.g. any NHS serious incident investigation or post-mortem examination) have concluded, and reports from key agencies and professionals unable to attend the meeting have been received.

The meeting should take place as soon as is practically possible, ideally within three months, although serious incident investigations and the length of time it takes to receive the final post-mortem report may cause delay.

The meeting should not take longer than 1-2 hours maximum. It is not necessary for each representative to share a full chronology of their service’s role in the child’s life as this will add significant time to the meeting. A brief summary or report by exception may be sufficient in most cases. This means the focus of the meeting can be on support for the family and identifying the learning and modifiable factors.

Each child’s death requires unique consideration and where possible, should engage professionals across the pathway of care. Invitees to the CDRM should be established and quoracy (for key professionals) determined by chair prior to invites. If professionals are unable to attend, they may be required to submit a report to the meeting.

The CDRM should ensure that a LeDeR programme representative is represented at the meeting when a child or young person aged 4-17 years who has learning disabilities is reviewed.

The CDRM organisers should alert the CDOP management team of the date of their CDRM and the Chair for the meeting.

To support the chairs with their Child Death Review Meeting preparation and developing a broad understanding of the case, the CDOP management team can advise where possible with coordination and provide information that has been gathered e.g. consolidated agency reporting forms. This should be managed with strict confidentiality, and not distributed to any other parties, including CDRM attendees, or permanently stored to any external systems other than the information shared should be securely destroyed / removed following the meeting.

The CDRM may proceed in the context of a criminal investigation, or prosecution, in consultation with the senior investigating police officer. The meeting cannot take place if the criminal investigation is directed at professionals involved in the care of the child, when prior group discussion might prejudice testimony in court. In these cases, discussions should take place with police with a view to seeking agreement to hold a modified CDRM to ensure family support needs are addressed.

The CDRM should take place before the coroner’s inquest to inform and contribute to the coroner’s investigation.

When reviewing a death where abuse or neglect is known or suspected to have caused or contributed to the death, professionals at the meeting should notify the safeguarding partners. They have the responsibility to determine whether the case meets the criteria for a local child safeguarding practice review. Professionals should refer to the Child Safeguarding Practice Review Panel Guidance (gov.uk) or contact the relevant Head of Safeguarding.

At the meeting’s conclusion, there should be a clear description of what follow- up meetings have already occurred with the parents, and who is responsible for reporting the meeting’s conclusions to the family. This would generally be the CDR nurse who is supporting the family. In a coroner’s investigation, such liaison should take place in conjunction with the coroner’s office, bearing in mind that the conclusion on the cause of death in such cases is the responsibility of the coroner at inquest.

Outputs from CDRMs (including a draft Analysis Form) should be circulated to attendees and shared with the Child Death Overview Panel and HM Coroner (if this is applicable and under coronial investigation) within 4 weeks of the meeting.

The information shared at the CDRM and the minutes are strictly confidential and should only be shared on a need to know basis. This information must not be shared outside of attendees organisation without prior consent from the chair or CDR Partnership (LA and ICB). The minutes should be stored in line with organisations Data Protection and Confidentiality procedures.

Actions arising from CDRMs should be captured within a formal action tracker and completion monitored and followed up through internal assurance processes. Local learning from CDRM’s should feed into the organisations learning from deaths governance.

17. Child Death Overview Panel

CDOP is a multi-agency panel set up by CDR partners to review the deaths of all children normally resident in Sussex, and, if appropriate and agreed between CDR partners, the deaths in their area of non-resident children, in order to learn lessons and share any findings for the prevention of future deaths.

CDOPs should conduct an anonymised secondary review of each death where the identifying details of the child and treating professionals are redacted.

The CDOP ensures independent, multi-agency scrutiny by senior professionals with no named responsibility for the child’s care during life. The review will occur once all other child death processes i.e. coronial inquest or Child Safeguarding Practice Review have been completed.

The general and themed panels are not quorate without a Designated Doctor for Child Deaths (not mandatory for the neonatal panel).

The functions of CDOP include to:

  • collect and collate information about each child death, seeking relevant information from professionals and, where appropriate, family members;
  • analyse the information obtained, including the report from the CDRM, in order to confirm or clarify the cause of death, to determine any contributory factors, and to identify learning arising from the child death review process that may prevent future child deaths;
  • make recommendations to all relevant organisations where actions have been identified which may prevent future child deaths or promote the health, safety and wellbeing of children;
  • notify the Child Safeguarding Practice Review Panel and local Safeguarding Partners when it suspects that a child may have been abused or neglected;
  • notify the Medical Examiner (once introduced) and the doctor who certified the cause of death, if it identifies any errors or deficiencies in an individual child’s registered cause of death. Any correction to the child’s cause of death would only be made following an application for a formal correction;
  • provide specified data to the NCMD via eCDOP;
  • produce an annual report for CDR partners on local patterns and trends in child deaths, any lessons learnt and actions taken, and the effectiveness of the wider child death review process; and
  • contribute to local, regional and national initiatives to improve learning from child death reviews, including, where appropriate, approved research carried out within the requirements of data protection

The panel membership of CDOP includes professionals from a range of agencies with safeguarding expertise including professionals who are also members of the Local Safeguarding Children Partnership Case Review Groups. CDOP is therefore well placed to consider abuse and neglect when reviewing child deaths and to refer onto the Local Safeguarding Children Partnerships where consideration by the Case Review Group of undertaking a Rapid Review or LCSPR is indicated in line with national guidance.

CDOP, on behalf of CDR partners, may request any professional or organisation to provide relevant information to it, or to any other person or body, for the purposes of enabling or assisting the performance of the child death review partner’s functions. Professionals and organisations must comply with such requests.

CDOP should aim to review all children’s deaths within six weeks of receiving the report from the CDRM or the result of the coroner’s inquest. The exception to this might be when discussion of the case at a themed panel is planned.

CDOP should assure itself that the information provided to the panel provides evidence that the needs of the family, in terms of follow up and bereavement support, have been met.

Sussex CDOP should record the outcome of their discussions on a final Analysis Form, and submit copies of all completed forms associated with the child death review process and the analysis of information about the deaths reviewed (including but not limited to the Notification Form, the Reporting Form, Supplementary Reporting Forms and the Analysis Form) to the NCMD.

Some child deaths will be best reviewed at a themed meeting. A themed meeting is one where the Sussex CDOP, or with neighbouring CDOPs, will collectively review child deaths from a particular cause or group of causes. Such arrangements allow appropriate professional experts to be present at the panel to inform discussions, and/or allow easier identification of themes when the number of deaths from a particular cause is small.

The CDOP should ensure that a LeDeR programme representative is represented at the panel when a child or young person aged 4-17 years who has learning disabilities is reviewed.

Appendix 1: JAR Checklist for Suspected Suicide in Children and Young People (CYP)

Click here to view Joint Agency Response Checklist for Suspected Suicide in Children and Young People

Appendix 2: General Advice for Professionals when Dealing with a Family, following an Unexpected Death

  • This is a very difficult time for everyone. The time spent with the family may be brief but events and words used can greatly influence how the family deals with their bereavement in the long term. It is essential to maintain a sympathetic and supportive attitude, whilst objectively and professionally seeking to identify the cause of death.
  • Remember that people are in the first stages of grief. They are likely to be shocked and may appear numb, withdrawn, angry or very emotional.
  • The child should always be referred to and handled as if they were still alive and their name used throughout.
  • Professionals need to take account of any religious and cultural beliefs that may have an impact on procedures. Such issues must be dealt with sensitively, whilst maintaining a consistent approach to the investigation.
  • All professionals must record any history and background information given by parents or carers in detail. Initial accounts about circumstances, including timings, must be recorded verbatim.
  • It is normal and appropriate for a parent or carer to want physical contact with their deceased child. In all but very exceptional circumstances this should be allowed with discreet observation by an appropriate professional.
  • Parents/carers should always be allowed time to ask questions and be provided with information about where their child will be taken and when they are likely to be able to see them again.
  • Parents should be informed that His Majesty’s Coroner will be involved and that a post-mortem may be necessary.

Appendix 3: Factors which may Arouse Suspicion

Some factors in the history or examination of the child may give rise to concern about the circumstances surrounding the death. If any of these are identified it is important that the information is documented and shared with senior colleagues and relevant professionals in other key agencies involved in the investigation. The following list is not exhaustive and is intended only as a guide.

Previous child deaths in the family

Two or more unexplained child deaths occurring within the same family is unusual and should raise questions both about an underlying medical or genetic condition as well as possible unnatural events.

Unexplained injury

Unexplained bruising, burns, bite marks on the dead child or a previous history of these injuries should cause serious concern. A child may have no external evidence of trauma but have serious internal injuries.

Neglect

Observations about the condition of the accommodation, cleanliness, adequacy of clothing, bedding and the temperature of the environment in which the child is found are important. A history of previous concerns about neglect may be relevant.

Previous child protection concerns within the family

Inconsistent information

The account given by the parents or carers of the circumstances of the child’s death should be documented verbatim. Inconsistencies in the story given on different occasions or to different professionals should raise suspicion, although it is important to be aware that inconsistencies may occur as a result of the shock and trauma of the death.

Also consider if any of the following are present:

  • inappropriate delay in seeking help;
  • evidence of drug, alcohol or substance misuse particularly if the parents are intoxicated or sedated at the time if the death;
  • evidence of parental mental health problems or learning disabilities;
  • domestic abuse;
  • history or evidence of domestic abuse;
  • presence of blood.

The presence of blood must be carefully noted and recorded. A pinkish frothy residue around the nose or mouth may be found in some children whose deaths are due to Sudden Infant Death Syndrome. Fresh blood from the nose or mouth is uncommon, and should lead to the consideration of possible maltreatment.

Appendix 4: Roles and Responsibilities

The roles and responsibilities of CDR professionals (where not stated within this guidance) can be found within existing national guidance:

All professionals have a duty to support and engage with the child death review process. Professionals who have been involved with the child or family have a responsibility to share information for the purposes of reviewing the child’s death and to participate in local review arrangements.

4.1 Coroners Officer

A Coroner’s Officer from the relevant Coroner’s Office will attend in most areas of Sussex. They will:

  • liaise with the DI/DS at the scene;
  • liaise with the Coroner;
  • discuss the need for skeletal survey with the DI / DS
  • consult the paediatrician re marks and injuries;
  • advise re authority to take relevant samples as agreed by the coroner;
  • ensure all forms are completed and are available for them to forward to the paediatric pathologist;
  • advise re planned arrangements for post mortem examination (for example when, where, who by if possible. This information may not be available until later or the next working day);
  • liaise with parents about mementos if these have not been taken in A&E;
  • liaise with family regarding retention of tissue and organs and obtain necessary signatures;
  • ensure, in liaison with the paediatrician, that all medical records are forwarded to the paediatric pathologist prior to the PM;
  • ensure parents are aware of available support organisations;
  • attend the post mortem examination if necessary (for example forensic);
  • liaise with pathologist regarding histology etc and ensure family, paediatrician and GP are updated as appropriate;
  • when post mortem report is received from pathologist, forward copy to paediatrician, police SIO and GP;
  • obtain reports and statements for inquest (if relevant).

4.2 Sussex contact details

ICB Child Death Review Nurse Team

Tel: 07867 132655 (CDR Lead Nurse) – [email protected]

Pan-Sussex Child Death Overview Panel

Tel: 07768 555 701 (Pan Sussex CDOP Manager) – [email protected]

HM Coroners

East Sussex

Tel: 033022 23599 – [email protected]

West Sussex, Brighton and Hove

Tel: 033022 25560 – [email protected]

Medical Examiners

West Sussex and Brighton and Hove

St Richard’s Hospital

01243 788122 Ext. 32249 – [email protected]

Worthing Hospital: 01903 205111 Ext. 85479 – [email protected]

Royal Sussex County Hospital: Tel: 01273 523162 – [email protected]

Mid Sussex Medical Examiner Office: Tel: 01273 523162 – [email protected]

East Sussex

Conquest Hospital: Tel: 0300 131 4500 Ext: 773292 – [email protected]

Eastbourne DGH: Tel: 0300 131 4785 – [email protected]

Child Health Information Services (CHIS)

Brighton & Hove and West Sussex (SCFT): [email protected]

East Sussex (ESHT): [email protected]

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Please note this policy is under review following the publication of Working Together to Safeguard Children, 2023.

Updated in March 2023.

Next review March 2025.

RELATED GUIDANCE

Child Protection Companion (RCPCH Child Protection Portal)

Perplexing Presentations (PP) / Fabricated or Induced Illness (FII) in Children Guidance (RCPCH)

FII Summary Diagram (RCPCH)

1. Introduction

This form of abuse has also been known as:

  • Fabricated illness by proxy;
  • Factitious illness by proxy;
  • Munchausen Syndrome by proxy;
  • Illness Induction Syndrome.

There is also a group of children that present with perplexing/medically unexplained symptoms (“perplexing presentations”). Perplexing presentations may include cases of functional disorders (conditions with a psychological cause of the symptoms) and those cases that medical professionals are unable to explain based on their clinical assessment and medical investigations. Rarely in some of these cases, are symptoms being reported to gain support that may not be required or recommended by health and education professionals. This group can include cases where a parent (or child) is exaggerating symptoms, misreporting or misunderstanding conditions.

The common starting point for both ‘Perplexing Presentations’ (PP) and fabricated or induced illness (FII) is that the child’s clinical presentation is not adequately explained by any confirmed illness, and the situation is impacting upon the child’s health or social wellbeing. There is a spectrum of presentations with what is referred to by paediatricians as the rarer ‘true’ FII, involving deliberate deception of medical services by the carer which may involve actions to falsify specimens or investigations, or induction of actual illness in the child (RCPCH).

The initial approach to both FII and PP is to establish which, if any, symptoms or conditions are genuine. This will require consultation with the child’s paediatrician/s / clinician/s and consideration of the child’s lived experiences and the family / social context.

The Royal College of Paediatrics and Child Health (RCPCH) recognise that cases of perplexing presentations are an increasingly common issue for professionals and require a different approach to ‘true’ FII.

This section outlines the procedures to follow when professionals are concerned that the health or development of a child is likely to be significantly impaired by the actions of a carer having fabricated or induced illness. In these cases the issue of information sharing is particularly difficult and this is referred to in the following paragraphs.

In the early stages following concerns being raised it may not be clear whether this is a perplexing presentation or whether the case involves deliberate fabrication or illness induction (FII).

Doctors/clinicians may feel under pressure to investigate and treat the child, without really understanding what condition the child is suffering from. The clinical information may simply ‘not add up’, and experienced paediatricians may be reduced to wondering ‘What is Going On?’ They may attempt to explain the child’s symptoms by inventing a brand new, previously un-described or medically illogical hypothesis to explain the child’s symptoms. Often professionals are concerned about the possibility of complaints that a significant medical condition has been missed.

It is often unclear in these cases whether the carer is actively fabricating their child’s illness, whether they are simply an anxious parent with a distorted view of their child’s state of health, whether the carer holds inappropriate beliefs or expectations about health and illness, or if the parent and child are interacting in a way that involves the child assuming the ‘sick role’ or the role of a disabled child. Sometimes there are familial or cultural styles of ‘illness behaviour’ that affect how children are presented to doctors. Most of these cases, at least in the initial stages, do not need a safeguarding approach and are probably not ‘true’ FII cases. It should be considered at this stage whether the child is experiencing the forms of emotional abuse or neglect, including medical and/or educational neglect.

If at any point there are concerns about ‘true’ FII, follow the specific information in Section 7, Referral to Children’s Social Care.

Possible impact of perplexing presentations on the child:

  • a disordered perception of illness and health, leading to anxiety about health and abnormal illness behaviour;
  • inadvertent iatrogenic harm including admission to hospital, acquired infection, blood tests, x-rays, painful procedures etc;
  • a greater degree of invasive medical attention than is truly justified – in extreme cases, it may include surgical procedures, insertion of lines, artificial feeding, anaesthesia;
  • interference with normal life, including school attendance, social activities, relationships or educational achievement;
  • older children may support their parents / carers in the perplexing presentation, even to the point of being complicit with active deceit;
  • actual illness induction heightens risk significantly – of the pain and distress of induced illness, the real risk of death and also of under-treatment of genuine conditions.

Further guidance and flowcharts are provided in the Child Protection Companion (RCPCH).

2. Definitions

Medically Unexplained Symptoms (MUS)

In Medically Unexplained Symptoms (MUS), a child’s symptoms, of which the child complains and which are presumed to be genuinely experienced, are not fully explained by any known pathology. The symptoms are likely based on underlying factors in the child (usually of a psychosocial nature) and this is acknowledged by both clinicians and parents. MUS can also be described as ‘functional disorders’ and are abnormal bodily sensations which cause pain and disability by affecting the normal functioning of the body. The health professionals and parents work collaboratively to achieve evidence-based therapeutic work in the best interests of the child or young person.

The Royal College of Psychiatrists and the Paediatric Mental Health Association (PMHA) developed a guide to assessing and managing medically unexplained symptoms (MUS) in children and young people. Experienced clinicians report that, on occasion, MUS may also include PP or FII.

Perplexing Presentations (PP)

The term Perplexing Presentations (PP) has been introduced to describe the commonly encountered situation when there are alerting signs of possible FII (not yet amounting to likely or actual significant harm), when the actual state of the child’s physical, mental health and neurodevelopment is not yet clear, but there is no perceived risk of immediate serious harm to the child’s physical health or life. The essence of alerting signs is the presence of discrepancies between reports, presentations of the child and independent observations of the child, implausible descriptions and unexplained findings or parental behaviour.

Fabricated or Induced Illness (FII)

FII is a clinical situation in which a child is, or is very likely to be, harmed due to parent(s) behaviour and action, carried out in order to convince doctors that the child’s state of physical and/or mental health and neurodevelopment is impaired (or more impaired than is actually the case). FII results in physical and emotional abuse and neglect, as a result of parental actions, behaviours or beliefs and from doctors’ responses to these. The parent does not necessarily intend to deceive, and their motivations may not be initially evident. It is important to distinguish the relationship between FII and physical abuse / non-accidental injury (NAI). In practice, illness induction is a form of physical abuse (and in Working Together to Safeguard Children, fabrication of symptoms or deliberate induction of illness in a child is included under Physical Abuse). In order for this physical abuse to be considered under FII, evidence will be required that the parent’s motivation for harming the child is to convince doctors about the purported illness in the child and whether or not there are recurrent presentations to health and other professionals. This particularly applies in cases of suffocation or poisoning.

Alerting signs

(RCPCH 2021) – these are features in the child/situation that alert professionals to possible PP or FII and are typified by discrepancies between reports, presentations of the child and independent observations of the child, implausible descriptions and unexplained findings or parental behaviours.

Alerting signs are not evidence of FII but they can indicate possible FII (not amounting to likely or actual significant harm and, if associated with possible harm to the child, they amount to general safeguarding concerns. A single alerting sign by itself is unlikely to indicate possible fabrication. Paediatricians / professionals must look at the overall picture which includes the number and severity of alerting signs.

Alerting signs may be recognised within the a) child or b) in the parent’s / carers behaviour.

Alerting signs in the child:

  • reported physical, psychological or behavioural symptoms and signs not observed independently in their reported context;
  • unusual results of investigations (e.g. biochemical findings, unusual infective organisms);
  • inexplicably poor response to prescribed treatment;
  • some characteristics of the child’s illness may be physiologically impossible eg persistent negative fluid balance, large blood loss without drop in haemoglobin;
  • unexplained impairment of child’s daily life, including school attendance, aids, social isolation.

Alerting signs in parent behaviour:

  • parents’ insistence on continued investigations instead of focusing on symptom alleviation when reported symptoms and signs not explained by any known medical condition in the child;
  • parents’ insistence on continued investigations instead of focusing on symptom alleviation when results of examination and investigations have already not explained the reported symptoms or signs;
  • repeated reporting of new symptoms;
  • repeated presentations to and attendance at medical settings including Emergency Departments;
  • inappropriately seeking multiple medical opinions;
  • providing reports by doctors from abroad which are in conflict with UK medical practice;
  • child repeatedly not brought to some appointments, often due to cancellations;
  • not able to accept reassurance or recommended management, and insistence on more, clinically unwarranted, investigations, referrals, continuation of, or new treatments (sometimes based on internet searches);
  • objection to communication between professionals;
  • frequent vexatious complaints about professionals;
  • not letting the child be seen on their own;
  • talking for the child / child repeatedly referring or deferring to the parent;
  • repeated or unexplained changes of school (including to home schooling), of GP or of paediatrician / health team;
  • factual discrepancies in statements that the parent makes to professionals or others about their child’s illness;
  • parents pressing for irreversible or drastic treatment options where the clinical need for this is in doubt or based solely on parental reporting.

3. Perplexing Presentations

Paediatricians should refer to the relevant section the RCPCH Child Protection Companion.

An empathetic, considered but boundaried approach is required to manage these situations and support children and families. Honest communication of professional concerns is important, unless this will place the child at risk of serious harm.

Most Perplexing presentation situations will not involve immediate risk of harm to a child. These situations may take considerable time to support parents and unpick the issues/reported issues.

Perplexing Presentations (PP): there some cases of PP which include functional disorders (involve a psychological element to the symptoms) and those cases that medical, allied health, psychology and other professionals are unable to explain based on their clinical assessment and medical investigations and / or when symptoms are being reported to gain support that may not be required or recommended by health professionals. They can include cases where a parent(s) is/are exaggerating symptoms or misreporting conditions.

Presenting features may include:

  • a carer reporting symptoms and signs that are not explained by any known medical condition;
  • physical examination and results of investigations do not explain the symptoms or signs reported by the carer;
  • the child has an inexplicably poor response to prescribed medication or other treatment, or intolerance of treatment;
  • acute symptoms and signs are exclusively observed by / in the presence of one carer;
  • on resolution of the child’s presenting problems, the carer reports new symptoms or reports symptoms in different children in sequence;
  • the child’s daily life and activities are limited beyond what is expected due to any disorder from which the child is known to suffer, for example partial or no school attendance and the use of seemingly unnecessary special aids;
  • the carer seeks multiple opinions inappropriately.

For some cases the key to differentiating between erroneous and true reports of symptoms and signs is a period of close or constant observation of the child. This can be overt observation by a nurse or other professional (eg. teacher), not covert surveillance. For all cases but especially out-patient cases, as many sources of information as possible should be gathered, in particular the child’s functioning at school.

If careful medical assessment suggests that the child does not have any medical condition or a medical condition is exaggerated or appears misunderstood then the symptoms are ‘medically unexplained’ this can be presented to the child’s family as ‘good news’, with reassurance that most children either spontaneously improve over time with or without a clear medical and/or psychological (and educational plan if necessary) plan for support/rehabilitation (referred to by the RCPCH as a Health and Education Rehabilitation Plan) and that no further investigations or treatments will be initiated unless the situation objectively changes.

A plan for rehabilitation of the child to normal activities, living with / alongside the symptoms, stopping any current unnecessary medical treatment and ongoing medical monitoring will be needed.

Involvement of local CAMHS or other psychological services may be helpful; in particular the family may need to be helped to think through how their lives will be different if the child is no longer ‘ill’ and be helped to construct a credible narrative about the child’s ‘recovery’.

After attempting a reassuring, non-invasive approach to the perplexing symptoms and reported signs or the parents do not support the Health and Education Rehabilitation Plan,  if the carers reject the doctor’s hypothesis and insist on further intervention or further opinions, or if they ‘sack/dismiss’ the doctor concerned and demand a change of doctor, or if the child develops new and unexplained physical symptoms or signs (e.g. faltering growth) or reported non-physical symptoms, e.g. anxiety, autism etc. then a judgment will need to be made as to whether a child safeguarding referral needs to be made. The views of the child should be ascertained if possible, ideally without the parents/carers present. Professionals should consider if the child is suffering or is at risk of neglect and/or emotional abuse.

The child’s wishes and goals, perception and understanding of their reported / diagnosed conditions and home and school life must be ascertained.

If a further medical opinion is sought it is important that the person giving the opinion is fully aware of the background and concerns. Clinicians should never allow themselves to be ‘browbeaten’ into arranging tests or treatments that are not clinically indicated

It is important that the situation for the child is resolved and that they are able to return to a more normal lifestyle. If that does not happen despite attempts by the treating team to help, or if contact is broken so that no information is available, a safeguarding referral is indicated.

In a minority of cases, there may be clear evidence that the carer is an unreliable historian. If, for example, aspects of the history have been convincingly proven not to be true, mutually exclusive accounts have been given, the history is medically implausible and cannot be attributed to parental anxiety, limited ability or disordered health beliefs, then that is a significant risk factor that requires referral under safeguarding procedures.

Adverse Childhood Experiences (ACEs)

When working with children and their families where there are perplexing illnesses or concerns about fabricated or induced illness, professionals should explicitly explore whether the child is currently experiencing, or has previously experienced, adverse childhood experiences such as physical, sexual or emotional abuse, neglect, domestic abuse, child sexual or criminal exploitation, bereavement, parental/caregiver alcohol or drug misuse, severe parental mental health issues, or a parent going to prison

Adverse Childhood Experiences such as these can have a detrimental impact on the physical, mental and emotional wellbeing of a child. Professionals should also be mindful that parents and caregivers may themselves have experienced adverse childhood experiences.

4. Fabricated or Induced Illness

Fabricated or induced illness in a child is a condition or situation whereby a child suffers harm through the deliberate action of their main carer and which is duplicitously attributed by the adult to another cause.

FII is a clinical situation in which a child is, or is very likely to be, harmed due to parent/s’ behaviour and action, carried out in order to convince doctors that the child’s state of physical and/or mental health or neurodevelopment is impaired (or more impaired than is actually the case). FII results in emotional and physical abuse and neglect including iatrogenic harm, RCPCH 2021.

The initial approach to both FII (and PP) is to establish which, if any, symptoms or conditions are genuine. This MUST involve consultation with the child’s paediatrician/clinician(s) and consider the child’s lived experiences and the family/social context.

Child victims of FII may be subject to prolonged legal proceedings and are at risk of further abuse and ongoing morbidity due to abuse.

Cases of both FII and perplexing presentations often involve or occur in association with other forms of abuse, particularly the various forms of emotional abuse and neglect and these must be considered as part of any referral or assessment.

Cases of FII being referred to CSC and requiring immediate safeguarding and protection will invariably come from the acute hospitals and paediatricians. These situations, which are rare, will require immediate strategy discussion without parents being informed.

The diagram on page 34 outlines the pathway approach to be followed after identification of alerting signs: Perplexing Presentations (PP) / Fabricated or Induced Illness (FII) in Children Guidance (RCPCH) 

5. Multi-Agency Management / Multi-Professionals Meeting

Most cases (unless ‘true FII) should involve health care professionals meeting to clarify the conditions / illnesses and plan how to manage the child.

If there is no immediate risk of harm, cases of perplexing presentations/possible FII should be discussed with the professional/s who are working with the child and family to decide whether the threshold for referral to Children’s Social Care has been met.

Alerting signs with no immediate serious risk to the child’s health / life – Perplexing Presentations (PP):

Perplexing Presentations can indicate possible harm to the child which can only be resolved by establishing the actual state of health of the child.

In most cases this will be a carefully planned response, led by the responsible clinician with advice from their Named Doctor for Safeguarding Children, usually in the secondary, and occasionally tertiary centre, in which paediatricians or CAMHS clinicians are employed.

The essence of the response is to establish the current state of health and functioning of the child and resolve the unexplained and potentially harmful situation for the child:-

  • the term Perplexing Presentations and management approach can and should be sensitively explained to the parents and the child, if the child is at an appropriate developmental stage;
  • reflecting with parents about the differing perceptions that they and the health team have of the child’s presenting problems and possible harm to the child may be very helpful in some cases, particularly if it is done at an early stage.

It is important to consider the harm for each reported diagnosis / condition. Harm to the child takes several forms, some caused directly by the parent, intentionally or unintentionally, but may be supported by the doctor; others are brought about by the doctor’s actions, the harm being caused inadvertently.

As FII is not a category of maltreatment in itself, these forms of harm may be expressed as emotional abuse, medical or other neglect, or physical abuse. There is also often a confirmed co-existing physical or mental health condition.

The following three aspects need to be considered when assessing potential harm to the child:

1. Child’s health and experience of healthcare:

  • the child undergoes repeated (unnecessary) medical appointments, examinations, investigations, procedures & treatments, which are often experienced by the child as physically and psychologically uncomfortable or distressing;
  • genuine illness may be overlooked by doctors due to repeated presentations;
  • illness may be induced by the parent (e.g. poisoning, suffocation, withholding food or medication) potentially or actually threatening the child’s health or life;

2. Effects on child’s development and daily life:

  • The child has limited / interrupted school attendance and education;
  • The child’s normal daily life activities are limited;
  • The child assumes a sick role (e.g. with the use of unnecessary aids, such as wheelchairs);
  • The child is socially isolated;

3. Child’s psychological and health-related wellbeing:

  • the child may be confused or very anxious about their state of health;
  • the child may develop a false self-view of being sick and vulnerable and adolescents may actively embrace this view and then may become the main driver of erroneous beliefs about their own sickness. Increasingly young people caught up in sickness roles are themselves obtaining information from social media and from their own peer group which encourage each other to remain ‘ill’;
  • there may be active collusion with the parent’s illness deception;
  • the child may be silently trapped in falsification of illness;
  • the child may later develop one of a number of psychiatric disorders and psychosocial difficulties.

A Multi-Professionals’ Meeting can be held in cases of perplexing presentations to reach a consensus about the child’s state of health.  This type of meeting should never be held in place of a Strategy Discussion.

The agency that is requesting the meeting must consider whether the parents/carers should be informed of the meeting beforehand.  Unless there is a significant risk of immediate, serious harm to the child’s health or life, parents/carers should be informed.  If the parents/carers (or child, where appropriate) have not been informed of the meeting, then agreement should be sought from invited agencies that the meeting will occur without the family being informed and the rationale for decision making must be clearly minuted.

A Multi-Professionals’ Meeting should include all health professionals involved with the child and family, including GPs, Consultants, private doctors and other significant professionals who have observations about the child, including education and children’s social care if they have already been involved. Use of video conferencing will increase likelihood of professional’s attendance.

Where the meeting is to discuss complex matters and to develop a more comprehensive picture of the family’s circumstances it is not necessary to gain consent for the meeting to take place.

In some situations, it may be appropriate to conduct the meeting in two parts involving the relevant professionals in the first part and inviting the parents/carers to the second part of the meeting.

If the child and / or parents / carers, when informed of the meeting, raise an objection to it taking place, consideration should be given to whether concerns are enough to require a different approach (i.e. a Strategy Discussion).

Families must be informed when personal data is being shared or processed as part of a Multi-Professionals Meeting, but their consent is not required for the purposes of safeguarding and promoting the welfare of a child. Normal rules of confidentiality apply in that only information relevant to ensuring the safety and welfare of the children in the family should be shared.

The convening agency is responsible for initiating the Multi-Professionals Meeting and should ensure the minutes of the meeting and agreed actions are distributed to all attendee’s and where appropriate, the family. The minutes should capture the main areas of need and the action plan developed to address them. Records must provide a clear statement of what has and has not been discussed with parents.

Where the parents / carers have not been directly involved in the meeting, agreement needs to be reached on which professional will be expected to feedback to them on its outcome, if relevant.

6. Medical Evaluation

Please see Child Protection Companion (RCPCH)

The signs and symptoms require careful medical evaluation for a range of possible diagnoses. This may be informed by a medical chronology. Assessment should include consideration of health and/or other concerns regarding any siblings of the child.

A lead paediatrician / clinician MUST be identified who will coordinate the medical care and analysis of the medical information. Practitioners should contact the hospital / child development centre / service where the child is being treated or was recently treated if this is not possible.

If the child does not have a paediatrician / clinician the child should be referred to a paediatrician/clinician whose clinical practice is in the main symptoms the child is presenting with.

Please contact the Named Doctor in the health service if there is an issue in identifying a lead paediatrician.

All tests and their results should be fully and accurately recorded. It is important that the child’s record is not altered in any way, e.g. through the carer tampering with the child’s observation charts or medical records. It is also important that any samples e.g. urine are taken from the child by a healthcare professional and that the carer does not have the opportunity to add any substances to, or otherwise contaminate the sampl

The name of the person reporting any observations should be legibly recorded and dated.

Where a reason cannot be found for the signs and symptoms, specialist advice may be required.

Parents should be kept informed of findings from medical investigations, however in cases of true FII and where the child could be at risk of deliberate induction at no time should concerns about the reasons for the child’s signs and symptoms be shared with the parent if this information would jeopardize the child’s safety.

Medical evaluation can be further complicated by some parents’ reluctance to leave the child. Where appropriate every effort should be made to see the child alone and gain their views of their reported condition/illnesses.

The doctor should inform the parent/s, ideally with a chaperone, of the outcome of the investigations and confirm that no serious underlying medical condition has been found. If a genuine medical condition has been identified that does not preclude normal activities or engagement this should be clearly communicated to the parents and documented in medical records.

Parents and the child should be reassured regarding the positive outcome and given a framework to help them understand the child’s reported symptoms.

The doctor should clearly communicate that no further investigations are indicated and where appropriate support the parents/child to engage in any rehabilitation, treatment or psychological intervention to return to normal activity. This discussion needs to be documented and the parental response recorded.

7. Referral to Children’s Social Care

The Making a Referral Procedure should be followed when there are concerns that a possible explanation for the signs and symptoms of illness is that they may have been fabricated or induced by a carer, including symptoms that have been exaggerated and there is concern that this is impacting adversely on the child.

Criteria to refer to CSC:

  • if the parents disagree with the consensus feedback; and
  • an effective Health and Education Rehabilitation Plan cannot be negotiated; or
  • it becomes apparent that there is lack of engagement with the Plan which had been agreed with them; or
  • if a senior paediatrician / Named or Designated Doctor / Nurse has concerns that the child is subject to FII and may be at risk of harm.

The referral to Children’s social care should be on the basis that the child’s functioning and/or development is being avoidably impaired by the parents’ behaviour and any harm caused has now become significant.

Parental disagreement may take the following forms:

  • active dispute;
  • requesting additional unwarranted investigations;
  • seeking further inappropriate medical opinion/s;
  • continuing to seek unnecessary or alternative further diagnoses;
  • declining the Plan and/or the rehabilitation process fails to proceed (for example, if the plan requires to attend school and they are no longer doing so).

The referral to children’s social care should be discussed with parents and the reasons for professional concern explained (again unless professionals feel the child is at immediate risk of harm, refer to FII guidelines).

The emphasis should be on the nature of the harm to the child including physical harm, emotional harm, medical or other neglect and avoidable impairment of the child’s health or development.

Professionals in health should be aware that they do not always have all the pieces of the safeguarding jigsaw puzzle.

When a decision is being made about whether to refer children to children’s social care, professionals should consider whether they have all the information from other agencies which is required to inform their risk assessment about levels of harm. If there is concern that they do not have this information particularly when parents decline to give consent for information sharing, a referral to children’s social care may be necessary because of professional inability to assess the level of harm without the intervention of children’s social care.

Assessment should include the functional impairment of the diagnosis or alleged diagnosis which has been objectively observed.

As with all other child protection concerns, the response by Children’s Social Care will be in accordance with Response to Referrals, Child Protection Process.

8. Strategy Discussion

If emergency action is required an immediate Strategy Discussion should take place, where possible, between Children’s Social Care, the Police, Health (must include a lead paediatrician and ideally a Named Doctor for safeguarding children) and other agencies as appropriate. However this should not delay the use of immediate protection if required.

Where there are reasonable concerns that a child has or is likely to suffer Significant Harm, Children’s Social Care will convene a Strategy Discussion in consultation with the Child Protection Manager. A meeting is advisable when considering this complex form of abuse.

This meeting requires the involvement of key senior practitioners responsible for the child’s welfare. At a minimum this must include Children’s Social Care, Police and the Paediatric Consultant or Mental Health clinician responsible for the child’s health. Additionally, the following should be invited as appropriate:

  • a senior ward nurse if the child is an in-patient;
  • the child’s paediatrician/s / medical practitioner with expertise in the relevant branch of medicine and the Named Doctor/s from relevant health provider/s;
  • GP;
  • Health visitor;
  • School Nurse;
  • staff from education settings;
  • local authority legal adviser.

The meeting should be held at a time and location that ensures the availability of the key practitioners ESPECIALLY THE LEAD PAEDIATRICIAN unless the Social Work Manager feels a delay may be detrimental to the welfare of the child.

In all cases professionals should endeavour to meet timescales HOWEVER key professionals (especially the lead paediatrician/GP/medical teams) need to attend and in certain circumstances this may cause a delay. If delay does occur, the reasoning behind this must be recorded.

The strategy discussion should consider:

  • whether the child requires constant professional observation, and if so, whether the carer should be present;
  • which medical clinician should oversee and co-ordinate the medical treatment of the child (to organise the number of specialists and hospital staff the child may be seeing);
  • careful consideration for arrangements for the medical records of all relevant family members, including children who may have died or no longer live with the family, as these records might also need to be reviewed by the consultant paediatrician or other suitable medical clinician;
  • the nature and timing of any Police investigations, including analysis of samples and covert surveillance (this will be Police led and coordinated);
  • the need for extreme care over confidentiality, including careful security regarding supplementary records;
  • the need for expert consultation;
  • any particular factors, such as the child and family’s race, ethnicity, language and special needs which should be taken into account;
  • the needs of siblings and other children with whom the alleged abuser has contact;
  • the needs of parents or carers;
  • obtaining legal advice over evaluation of the available information (where a legal adviser is not present at meeting).

It may also be necessary to have an interim protection plan for the child or children concerned pending the holding of a Child Protection Conference – and this should be determined at the Strategy Discussion.

The question of whether the parents should be informed of any or all of the concerns and if so when and by whom should be considered at each and every strategy discussion and the decision clearly documented.

Undertaking enquiries into FII can be complex and challenging for practitioners and an individual should not undertake the enquiry in isolation. The Strategy Discussion should recognise the need to ensure multi-agency coordinated working and good supervision.

If at any point there is medical evidence that the child’s symptoms are being fabricated or induced, action may be required to ensure the child’s life is not put at risk.

It may be necessary to have more than one strategy discussion particularly to allow time for a detailed medical Chronology to be produced and for information and updates from agencies to be reviewed. Should there be ongoing concerns or changes in significant information, a review Strategy discussion will be convened which must include all named professionals and local clinicians known to the family.  Legal advice may be required in the strategy discussions.  Decisions must be made and recorded about what information will be shared with the parents, by whom and when. This decision should be guided by a clear assessment of the risk to the children as a result of informing the parents of the concerns.

Where a decision is made that parents should not be informed of the strategy discussion and professional concerns this should be recorded with clear guidance about when, in the future, they may be informed that the meeting has taken place.

All decisions need to be agreed by the meeting, signed off and recorded clearly in the minutes

In circumstances where there is concern that a child may be experiencing FII a Children’s Social Care Single Assessment should usually be completed in collaboration with the consultant paediatrician or lead clinician responsible for the child’s health care.

If a second medical opinion has not been obtained, the consultant paediatrician should give consideration to requesting one at this or at any subsequent stage in the process if indicated.

The outcomes of the Children’s Social Care single assessment should be made in consultation with the consultant paediatrician and Police with agreement reached regarding what the parents should be told. Concerns should not be raised with a parent if it is judged that this action will jeopardise the child’s safety.

The outcomes of the Children’s Social Care single assessment should be made in consultation with the consultant paediatrician and Police with agreement reached regarding what the parents should be told. Concerns should not be raised with a parent if it is judged that this action will jeopardise the child’s safety.

The outcomes of the Children’s Social Care single assessment should be made in consultation with the consultant paediatrician and Police with agreement reached regarding what the parents should be told. Concerns should not be raised with a parent if it is judged that this action will jeopardise the child’s safety.

The outcomes of the Children’s Social Care single assessment should be made in consultation with the consultant paediatrician and Police with agreement reached regarding what the parents should be told. Concerns should not be raised with a parent if it is judged that this action will jeopardise the child’s safety.

Any evidence gathered by Police should be made available to Children’s Social Care and other relevant practitioners, to inform discussions and decisions about the child’s welfare and contribute to the Section 47 Enquiry and Children’s Social Care Single Assessment, unless this would be likely to prejudice criminal proceedings.

Normally the Police, rather than practitioners from other agencies, are responsible for questioning a person in connection with a suspected criminal offence and this would be usual in cases of FII.

9. Section 47 Enquiry

The Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) should include the systematic gathering of information about the history of the child and each family member, building on that already gathered during the course of each agency’s involvement with the child. Particular emphasis should be given to health (physical, emotional and psychiatric), education and employment as well as receipt of state benefit and charitable donations relating to a disabled child, social and family functioning and any history of criminal involvement. Carers may present as very plausible and well informed as to the nature of the child’s medical problems.

It is important to assess the child’s understanding, if old enough, of their symptoms and the nature of their relationship with each significant family member (including all caregivers), each of the caregiver’s relationships with the child, the parents’ relationship both with each other and with the children in the family as well as the family’s position within their community.

A full chronology from each agency should be developed which may assist in informing the Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment).

Any decision to confront any person should not be made unless in conjunction and with the full agreement of the police (see Section 20, Police Investigation).

It is important to keep a focus on the impact of the carer’s behaviour on the child when assessing levels of risk.

Children under the age of 5, especially pre-verbal children and children with an existing diagnosed illness, disability and/or communication difficulties, are at greatest risk because of their inherent vulnerability.

Before placing children with members of either extended family, be sure that a thorough assessment of them has taken place. Illness induction may be a feature of the family behaviour in previous generations. Any alternative carer should demonstrate an ability to believe that the suspected abuser may have posed a risk to the child. This may be hard to ascertain if the alternative carer is a relative.

An adult psychiatrist should be involved at the point at which there is moderate to high suspicion that a parent has been inducing symptoms or a court has made a finding of fact that such behaviour has occurred.

10. Outcome of Section 47 Enquiries

As with all Section 47 Enquiries, the outcome may be that concerns are not substantiated e.g. tests may identify a medical condition, which explains the signs and symptoms. In this situation, it is important to discuss with the parents, drawing on knowledge of the implications of the medical condition for the child and family members’ lives, what further help or support they may require.

Where test results are inconclusive and/or where it is not possible to draw firm conclusions and fabrication is still a possibility it is important to try to understand the origin of the symptoms and to consider whether further help for the family is required

Where a decision is made not to proceed to an Initial Child Protection Conference it must be endorsed by the service manager following discussion with the Child Protection Manager. In this instance a Child in Need Plan should be considered and if developed it should include careful ongoing monitoring by health and other agencies

Where concerns are substantiated and the child judged to be suffering or at risk of suffering significant harm, an Initial Child Protection Conference must be convened.

11. Initial Child Protection Conference

The Initial Child Protection Conference should be held within 15 working days from the last Strategy Discussion. This meeting requires the involvement of key senior practitioners responsible for the child’s welfare. At a minimum this must include Children’s Social Care, Police and the lead paediatric consultant or lead clinician responsible for the child’s health and/or the Named Doctor for Safeguarding (if possible).

Attendance should be as for other Initial Child Protection Conferences, with the following specialists invited as appropriate:

  • practitioners with expertise in working with children in whom illness is fabricated or induced and their families;
  • paediatrician or lead clinician with expertise in the branch of paediatric medicine able to present the medical findings.

It is essential that the consultant paediatrician, lead clinician and GP contribute and if possible, provide a chronology and a full report. A full chronology may not be available for the initial strategy discussion; the need for a chronology will be decided at the strategy discussion.

Usual consideration should be given to the involvement of family members. However it may not be possible for all family members to be present at the same time. The extent and manner of involvement of family members should be informed by what is known about them. The abusing carer may not be able to acknowledge their behaviour to their partner for fear of what this knowledge would do to their relationship. They should not be put under pressure to talk about their part in fabricating or inducing illness within the conference. The non-abusive parent or carer may have no knowledge of the abuse or they may have had some understanding which now makes better sense to them but not wish to discuss it at a conference. Again their need not to discuss their knowledge in such a public setting should be respected.

These are matters which can be extremely complex in these cases and should be addressed outside the conference and in advance of the conference date with the conference chair and other key professionals.

12. Pre-Birth Child Protection Conference

A pre-birth conference should be convened where there is evidence of illness having been fabricated or induced in an older sibling or other child, and given consideration during the pregnancy of a person who is known to have abused a child in this way. Consideration should also be given to the safety of the unborn child where the pregnant person is known to demonstrate fabricating or inducing behaviours in their own presentation.

A pre-birth child protection conference should be convened if, following Section 47 Enquiries either the unborn child’s health is considered to be at risk or the baby is likely to be at risk of harm following their birth.

Child victims of FII may be subject to prolonged legal proceedings and are at risk of further abuse and on-going morbidity due to abuse.

13. Impact of PP and FII on a Child’s Education

Perplexing Presentations and FII are likely to disrupt the child’s education considerably. Where these concerns arise, liaison with school may be very helpful. Important issues may include:

  • attendance may be very poor;
  • the school may be able to confirm or refute some of the history given by the carer;
  • there may be discrepancies between the child’s observed functioning at school and that reported by the carer;
  • the carer may have sought additional special educational support that was inappropriate;
  • the child may make relevant allegations to school staff;
  • the school may have relevant background information;
  • the concerns may primarily relate to school, or may be primarily medical presentations with an impact on school life.

The child’s opinion about school and attendance must be sought.

14. Child Psychiatric and Neuro-Developmental Presentations

Examples of perplexing presentations and FII may include reported ADHD symptoms, features of eating disorders or Autistic Spectrum Disorders. It may be difficult sometimes to know whether the parent genuinely believes that the child has the reported diagnosis or not. Sometimes parents have a ‘vested interest’ in a diagnosis such as ADHD or ASD because it creates a focus on the child rather than questioning the quality of parenting. Some children may develop an ADHD or ASD ‘phenocopy’ (i.e. clinical features resembling that condition) arising as a result of previous abuse or neglect. Pecuniary advantage such as DLA or the acquisition of stimulant drugs for illicit use may also be an issue.

15. FII and Disability

FII and Perplexing Presentations may be associated with profound restriction of normal activities. In some cases the parent may genuinely believe that their child has a disability or needs to be ‘protected’ from the outside world.

Conditions such as hearing loss, vision impairment or inability to walk may be fabricated.

Some children with a genuine disability may become victims of FII as they are vulnerable and place great demands on their carers.

Illness induction may also cause disability, for example due to asphyxial brain injury in suffocation cases, limitation of developmental opportunities or prolonged sedation with drugs.

16. FII and False Allegations of Child Abuse

Deliberate fabrication of sexual abuse events in a child may result in repeated medical assessments and involvement of other agencies. This would be harmful for a child and bears similarities to FII. Whether it should strictly be regarded as a type of FII is debatable, but where there is a coexistence of true ‘medical’ FII and fabrication of sexual abuse they may be regarded as two parts of the same problem. In the context of acrimonious divorce or disputed contact, a parent may misconstrue a child’s account or behaviour to indicate sexual abuse by the other parent.

As with all these situations, if the carers’ behaviour results in harm to the child or places them at risk, a referral to Children’s Services is indicated.

17. Sudden Infant Deaths and FII

There are rare cases where children have suffered FII abuse before dying as a ‘Sudden Infant Death’ (SID), and there is a higher than expected rate of previous sudden infant deaths in siblings of FII cases. Death ‘per se’ cannot be an FII, but there is clearly an association in some families

18. FII during Pregnancy

When a pregnant person fabricates illness in themselves this raises serious concerns about the welfare of the child after birth and justifies a pre-birth strategy discussion and probably a case conference.

If the woman is jeopardising the unborn child by her actions then this is an urgent situation which should be discussed in a multiagency context.

There is no evidence base from which to predict the outcome for the child in these cases but anecdotally in many FII cases the carer has a very complex history, including obstetric issues, and in some there is clear evidence of fabrication or induction of their own illness during or prior to the pregnancy or precipitation of a premature delivery

19. Confidentiality

Professionals should in general seek to discuss any concerns about a child’s welfare with the family. Discussion with the parents or carer about the referral should only be done where such discussion will not place a child at increased risk of Significant Harm. This is unlikely to be a significant risk in most perplexing cases but could be significant in cases of suspected or actual induced medical symptoms.

Where a referral is made without the consent or knowledge of the parents a written rationale should made as set out in the Information Sharing guidance, explaining why obtaining consent would place the child at increased risk of Significant Harm.

In cases of possible fabricated illness the decision about what the parents will be told, by whom and when will be agreed between the relevant medical professionals and Children’s Social Care and other key agencies, including the Local Authority legal representation. This must be considered at any Strategy Discussions

20. Police Investigation

Any evidence gathered by police should be available to other relevant professionals, to inform discussions and decisions about the child’s welfare and contribute to the Section 47 Enquiry and Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment), unless this would be likely to prejudice criminal proceedings.

It is important that suspects’ rights are protected by adherence to the Police and Criminal Evidence Act 1984, which would normally rule out any agency other than the police confronting any suspect persons.

Covert video surveillance is a legitimate investigative tool, but its use should only be considered when a multi-agency Strategy Discussion has agreed there is no other available way of obtaining information that will explain the child’s signs and symptoms. (Police Officers planning surveillance in cases of suspected fabricated or induced illness may seek advice from the National Crime Agency, tel: 0370 496 7622; email: [email protected].

The primary aim of covert video surveillance is to identify if a child is having illness induced. Obtaining criminal evidence is of secondary importance.

Once this decision has been made, the police will be responsible for applying for the appropriate authority under the Regulation of Investigatory Powers Act 2000. If that authority is granted, the police have sole responsibility for implementing and undertaking any such surveillance. Good practice advice for police officers is available from the National Crime Faculty.

The safety and health of the child is the over-riding factor in the use of covert video surveillance, and the medical consultant responsible for the child’s care should ensure that the necessary medical and nursing staff support the police operation.

All non-police staff involved will receive appropriate training from the police, and understand the need for strict secrecy during the operation.

21. Professional Differences

The Pan Sussex Child Protection and Safeguarding Policy and Procedures Group recommend the following statement is read out at all relevant meetings.

Professional Difference Statement:

It is acknowledged that when working in the arena of safeguarding, it is inevitable that from time to time there will be professional differences.  This is a positive activity and a sign of good professional practice and effective multi-agency working.   During this meeting practitioners, irrespective of their seniority are encouraged to say if they feel that decisions, practice or actions do not effectively ensure the safety or well-being of the child/children.

Because of the difficult nature of FFI and PP there is an even greater likelihood of differences of opinion between professionals. For all agencies where there is disagreement between professionals the Resolution of Professional Disagreements Procedure should be followed.

When there is a difference of medical opinion regarding any matter relating to fabricated or induced illness or PP, the Designated Doctor should be consulted how best to resolve the issue.

In the event of single or multi-agency complaints the agencies and authorities need to be linked in managing the complaints procedure(s).

22. Disclaimer

The content of this website can be accessed printed and downloaded in an unaltered form, on a temporary basis, for personal study or reference purposes. However any content printed or downloaded may not be sold, licensed, transferred, copied or reproduced in whole or in part in any manner or in or on any media to any person without the prior written consent of the Brighton & Hove, East Sussex and West Sussex Safeguarding Partnerships.

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Date of last review November 2023.

Next review November 2025.

1. Definition

Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who ‘personally connected’.

This can encompass, but is not limited to, the following types of abuse:

  • psychological;
  • physical;
  • sexual;
  • economic*
  • emotional
  • ‘controlling behaviour’; a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour
  • ‘coercive behaviour:’ an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.’

*‘Economic abuse’ means any behaviour by Person A towards Person B that has a substantial adverse effect on Person B’s ability to:

  • acquire, use or maintain money or other property, or
  • obtain goods or services.

Examples of economic abuse might include the following, where they have a substantial adverse effect on the victim:

  • controlling the family income;
  • not allowing a victim to spend any money unless ‘permitted’;
  • denying the victim food or only allowing them to eat a particular type of food;
  • running up bills and debts such as credit / store cards in a victim’s name, including without them knowing;
  • refusing to contribute to household income;
  • deliberately forcing a victim to go to the family courts so they incur additional legal fees;
  • interfering with or preventing a victim from regularising their immigration status so that they are economically dependent on the perpetrator;
  • preventing a victim from claiming welfare benefits, or forcing someone to commit benefit fraud or misappropriating such benefits;
  • interfering with a victim’s education, training, employment and career;
  • not allowing a victim access to mobile phone / car / utilities;
  • damaging property; and
  • not allowing a victim to buy pet food or access veterinary care for their pet.

The organisation Surviving Economic Abuse has created a guide to understanding economic abuse for victims.

Whilst economic abuse has replaced financial abuse within the context of the definition of domestic abuse within the Domestic Abuse Act 2021, financial abuse is still a category of abuse for safeguarding adults and children, outside of cases of domestic abuse.

Domestic abuse can encompass a wide range of behaviours. It does not necessarily have to involve physical acts of violence and can include emotional, psychological, controlling, or coercive, sexual and/or economic abuse under section 1(3) of the 2021 Act. Many victims will experience these abusive behaviours simultaneously. At the centre of all these abusive behaviours is the perpetrator’s desire to exercise power and control over the victim.

The definition of ‘harm’ in Section 31A of the Children Act 1989 (introduced by the Adoption and Children Act 2002) recognises that a child may suffer harm through witnessing domestic violence and abuse. Domestic abuse has a significant impact on children and young people of all ages (0-18 years old). Children and young people are deemed to be victims under the 2021 Act as a result of seeing, hearing or otherwise experiencing domestic abuse between two people where the child is related to at least one of them whether that be the victim or perpetrator (section 3). A child might therefore be considered to be a victim of domestic abuse under the 2021 Act where one parent was abusing another parent, or where a parent was abusing, or being abused by, a partner.

A child may also be a victim of domestic abuse if used by person A to perpetrate abuse on person B (ie parents), or through coercion or control of another which is also abuse of the child.

1.1 Black, Asian and ethnic minoritsed individuals and communities

Victims of domestic abuse with protected characteristics (as defined by section 4 of the Equality Act 2010) may face additional barriers to accessing support.

Those from ethnic minority backgrounds may experience additional barriers to identifying, disclosing, seeking help or reporting abuse. This may include:

  • a distrust of the police and other statutory agencies;
  • hostility towards the police due to lack of perceived or real support for their community historically and / or currently;
  • concerns about racism and fear of racial stereotyping;
  • fears about immigration and/or asylum status and risk of deportation;
  • language barriers;
  • being disproportionately impacted by certain forms of VAWG, including forced marriage, staying within an abusive marriage, so called ‘honour’-based abuse and female genital mutilation (FGM);
  • concerns about family finding out; and
  • fear of rejection by the wider community.

So called Honour Based Abuse is most commonly experienced by victims from close-knit or closed communities with a strong culture of ‘honour’ and ‘shame’, such as some minority communities, travelling communities or closed ethnic / religious communities and other particularly isolated social groups (see Honour Based Abuse chapter). Victims may be female or male and those at risk can include individuals who are LGBTQ+.  The organisation Karma Nirvana offer information, resources and support for those at risk of HBA.

There is often under-reporting of domestic abuse by minority communities, with many victims reporting that stereotypes and assumptions were made about them coming from ‘cultures where violence against women and girls was normalised and accepted’ or their experiences of domestic abuse were treated as housing and immigration cases by public authorities.

1.2 Immigration status and migrant victims

Victims who have entered the UK from overseas may face barriers when attempting to escape domestic abuse relating to their immigration status or lack thereof. Some victims may not have access to public services and funds which can lead to greater dependence on the partner or family if they have supported their being in the UK. They may also face a greater economic impact of leaving an abuser if they are unable to claim benefits or access housing, or if they lose their immigration status by leaving their partner, including destitution and homelessness. This may be exploited by partners or family members to exert control over victims. Examples of this include:

  • threatening to inform immigration authorities;
  • being separated from their children; or
  • threatening to no longer provide support for their stay in the UK.

For more information see BAWSO – provides practical and emotional prevention, protection and support services to Black Minority Ethnic (BME) and migrant victims of domestic abuse, sexual violence, female genital mutilation, forced marriage, honour based violence, modern slavery and human trafficking.

Three Steps to Escaping Domestic Violence (Home Office) – available in 13 languages.

1.3 LGBTQ+ individuals and communities

There are many similarities between heterosexual and LGBTQ+ people’s experiences of domestic abuse. However, LGBTQ+ victims may also experience abuse of power and control closely associated with having their sexuality or gender identity used against them. This may include the following abusive behaviours:

  • threats of disclosure of sexual orientation and gender identity to family, friends, work colleagues, community and others;
  • disclosing gender identity history, sexual orientation or HIV status without consent;
  • limiting or controlling access to LGBTQ+ spaces or resources;
  • using immigration law to threaten with deportation to the country of origin, which might be unsafe due to for example. anti-gay legislation; and
  • so-called ‘conversion therapy’ practices, ranging from pseudo-psychological practices to, in extreme circumstances, violent physical or sexual acts, which can be motivated by a belief that there is a ‘right’ sexual orientation, and that a person can, be ‘cured’ if they have a different sexual orientation or gender identity.

It’s important to note LGBTQ+ people are not a homogenous group. Abuse disclosed by lesbian women may be different to that of bisexual and trans women. Equally, gay men’s experiences may be different to that of bisexual or trans men.

LGBTQ+. people experience distinct personal and structural barriers in accessing help and reporting abuse. This may include services lacking quality referral pathways with LGBTQ+ specialist sector and low visibility and representation of LGBTQ+ issues within services. It can also include lack of understanding and awareness by professionals around unique forms of coercive control targeted at sexual orientation or gender identity, and professionals minimising the risk experienced by LGBTQ+. people.

As well as experiencing the same domestic abuse that cisgender peers do, transgender identities can also form a part of the pattern of domestic abuse.  Transgender domestic abuse is likely to be under-reported.

Transgender related abuse can include:

  • threats to disclose gender history to family, friends, workplaces, etc, against the person’s will;
  • deliberately and repeatedly using the wrong pronoun and a person’s deadname (previous name prior to transition) to invalidate their identity;
  • making someone feel guilty about being transgender and using that shame against them – encouraging the idea there is something ‘wrong’ with them;
  • attempting to ‘correct’ gender identity through corrective rape, conversion therapy, other forms of attempts to force the person’s identity to become contrary to what it is;
  • forcing someone to wear clothing or to perform as a gender they are not comfortable with;
  • limiting or controlling the amount of time or someone’s ability to meet other LGBT+ people, access LGBT+ spaces or resources;
  • stopping access to hormones or medical treatments relating to transition;
  • use humiliating language, name-calling or hate-speech linked to gender identity;
  • ridiculing, or overly fetishizing someone’s body or body parts;
  • spousal denial of the application for a Gender Recognition Certificate;
  • forced exposure of body parts or surgical scarring;
  • exploiting internalised transphobia;
  • denial of gender identity.

See also Domestic Violence: A Resource for Trans People in Brighton and Hove (LGBT Domestic Violence and Abuse Working Group) (opens in a pdf)

1.4 Teenage relationship abuse

Young people can experience domestic abuse in their relationships, regardless of whether they are living together. The latest figures from the CSEW show that women aged 16 to 19 years were more likely to be victims of any domestic abuse in the last year than women aged 25 years or over. Similarly, men aged between 16 to 19 were most likely to experience domestic abuse than at any other age. It should be noted that if a young person is under 16 years old, the definition of domestic abuse under the 2021 Act will not apply to them, instead this abuse would be considered as child abuse. Victims under 16 would be treated as victims of child abuse and age appropriate consequences will be considered for perpetrators under 16.

It is important to recognise that young people may not identify as victims of domestic abuse – or with the term ‘domestic abuse’. Teenage relationship abuse often occurs outside of a domestic setting, and victims may feel that domestic abuse occurs only between adults who are cohabiting or married.  Teenage victims may also find it difficult to view their abuse as abuse – for instance, controlling or jealous behaviour may be interpreted as love. Practitioners should consider this when dealing with incidents of teenage relationship abuse.

Children aged 15 and under are not defined as victims of domestic abuse within their own relationships, although support may be required; usual child safeguarding procedures should be applied.

1.5 Women and girls

Women and girls are disproportionately impacted by domestic violence and abuse; they experience higher rates of repeated victimisation and are much more likely to be seriously hurt or killed than male victims of domestic abuse. Women are also more likely to experience higher levels of fear and are more likely to be subjected to coercive and controlling behaviours. However, it is important to acknowledge that there are female perpetrators and male victims and that domestic violence and abuse also occurs within same sex relationships.

2. Recognition

The impact on children of experiencing domestic abuse and violence may be physical, emotional and psychological, social and behavioural and cognitive.

The risk to children and young people include:

  • direct physical and sexual abuse;
  • being used as part of the abuse of the victim e.g. having to spy on the victim or being forced to humiliate or abuse the victim themselves;
  • emotional abuse and potential physical injury from experiencing the effects of domestic abuse on the victim.

The impact can include:

  • disrupted attachment relationships;
  • long term relationship issues;
  • physical and mental ill health;
  • educational challenges and lack of achievement;
  • social isolation;
  • disrupted home life (multiple moves of home)
  • trauma;
  • difficulties with emotional regulation;
  • low self-esteem.

Research suggests that children who experience domestic abuse are also at greater risk of experiencing neglect and other abusive behaviours.  Children may continue to experience the effects of domestic abuse and coercive control even if the abusive parent or carer is no longer in the home, for example via contact arrangements.

Children and young people are therefore direct victims of domestic abuse and this has been recognised within the Domestic Abuse Act 2021 which now includes children who see, hear or experience the effects of domestic abuse (and are connected to the victim and /or perpetrator) as victims of domestic abuse in their own right.

All agency assessments should be alert to the possibility of domestic abuse within a child’s family and embed practices and procedures to identify:

  • whether domestic abuse and violence is taking place;
  • the effect on the non-abusing parent, children and other family members;
  • appropriate measures to safeguard the non-abusing parent, children and other family members.
  • Local policies and procedures will contain specific details of assessment and responses which will also include:
    • use of DASH Risk Assessment
    • referral to MARAC
    • other safety planning and safeguarding actions.

A MARAC is a multi-agency meeting, which has the safety of high risk victims of domestic violence and abuse as its focus. The MARAC is a process involving the participation of all the key statutory and voluntary agencies who might be involved in supporting victims of domestic violence and abuse. The objective of the MARAC is to share information and establish a simple multi-agency action plan to support the victim and make links with other public protection procedures, particularly safeguarding children, vulnerable adults and the management of offenders. The MARAC meeting is a part of a wider process, which hinges on the early involvement and support most frequently in the form of an Independent Domestic Violence Advisor (IDVA) and continued specialist case management, both before and after the meeting. The MARAC should combine the best of both specialist supports, together with the co-ordination of generic agencies whose resources and involvement will be needed to keep victims and their children safe.

3. Clare’s Law – The Domestic Abuse Disclosure Scheme

There are two functions – a right to ask and a right to know. The right to ask allows someone to ask the police about a partner’s history in relation to domestic abuse or violent acts, and under the right to know, the police can proactively disclose information in particular circumstances. Consideration should therefore be given to whether there is available, relevant information regarding the perpetrator that could assist the victim with making safer plans and decisions. The decision to disclose can be made within the MARAC plan.   The Domestic Abuse Act 2021  places the guidance for the Domestic Abuse Disclosure Scheme on a statutory footing. Placing a statutory duty on the police to have regard to the guidance, which means they must have a good, clear reason to depart from it, will help raise awareness of the scheme, increase the number of disclosures made to prevent harm and ensure that the scheme is used and applied consistently across all police forces – see Domestic Violence Disclosure Scheme factsheet (Home Office).

4. Response

Police and health practitioners are often the first point of contact and they (or any other agency that becomes aware of domestic violence and abuse) should take steps to safeguard the safety of the victim, any other adult members of the household and:

  • identify whether there are any children living in the household or whether anybody in the household is pregnant;
  • make an initial analysis of the impact on the children of their experience of the domestic abuse and violence, including physical violence, emotional abuse and coercive control;
  • this should include children who are absent at the time of the abusive incident(s), as well as those children who have directly experienced the incident(s);
  • it should never be assumed that if children, including babies and infants are reported or seen to be asleep, in another room or absent during a domestically abusive incident that there is no impact upon the child. The children will be aware of all facets of the domestic abuse and violence and will be experiencing the full impact upon themselves and upon their family;
  • where it is safe to do so, provide victims/non-abusing parent with information on local support services and safe accommodation such as refuges, taking into account any specific safety issues and relevant ethnic and cultural issues (information available from local domestic abuse and violence forums);
  • consider immediate safety planning e.g. refuge accommodation, staying with friends and family, Domestic Violence Protection Notices (DVPNs) and Domestic Violence Protection Orders (DVPOs);
  • be clear during interactions with victims and potential perpetrators that the violence and abuse remains the responsibility of the potential perpetrator and not the victim.

A DVPN is an emergency non-molestation and eviction notice which can be issued by the police, when attending to a domestic abuse incident, to a perpetrator. As the DVPN is a police-issued notice, it is effective from the time of issue, thereby giving the victim immediate safeguarding from further harm. A Domestic Violence Protection Order (DVPO) can be requested by the police, a victim or specified third parties. If a DVPO is granted, a perpetrator can be banned with immediate effect from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim time to consider their options and find the support they need.

Please see Annex D for a summary Table of Protective Orders, Domestic Abuse: Statutory Guidance (Home Office) for victims of domestic abuse

The police will notify Children’s Services whenever they become aware of incidents of domestic violence and abuse where there are children in the household, including as much information and detail as possible about the family and the incident of domestic violence and abuse. Any other professional or agency who are aware of incidents of domestic violence and abuse where there are children in the household must also inform Children’s Services, using local referral mechanisms.

On notification of an incident of DVA where there are children in the household and /or family, Children Services will consult existing records and consider what information is already held, in order to make decisions about whether further action is necessary. The outcome of this decision making may include:

  • not taking any further action at this time;
  • carrying out an assessment, which may involve contacting parents and other appropriate agencies for information and analysis of risk;
  • if a child/ren has experienced or is at risk of experiencing significant harm as a result of domestic violence and abuse, a section 47 Children Act enquiry must be instigated.
  • Whatever decision is made at this point, it is best practice to take the opportunity to undertake some collaborative safety planning with the family if possible, and to ensure this is recorded appropriately.

All appropriate agencies involved with the family and children should be informed of any relevant information relating to domestic violence and abuse incidents and Children Services’ decisions and actions. This is to ensure that necessary and proportionate information is shared in order to safeguard children, victims of domestic abuse and violence and any other vulnerable individuals.

5. Assessment

Careful consideration must be given to the potential impact on the safety of victims and children in any communications and interactions with the family (including the alleged perpetrator) where there has been alleged domestic abuse and violence. This extends to letters, telephone calls, texts and face to face meetings. It is important to create a safe environment in order to protect victims and children and enable the gathering of information.

Many victims of domestic violence and abuse may not be aware that they are experiencing abusive behaviours, may feel shame, guilt and fear of the repercussions, have limited options available to them and have a justifiable fear of the consequences of disclosure.  All these issues may be relevant to the victim’s engagement with assessment of risk to themselves and their children.

Relevant areas of initial assessments for the non-abusive parents may include:

  • any details the non-abusing parent has about the violence, abuse, threats and coercive control
  • how the parenting capacity of the non-abusive parent has been affected by the domestic abuse, e.g. impact on non-abusing parent’s confidence and self-esteem, ability to be consistently responsive to child’s needs for play, stimulation and warmth, impact on family routines of living with abuse
  • the non-abusing parent’s understanding of the children’s experience of the abuse;
  • safety planning, including safety arrangements post-separation if relevant
  • the impact of any problematic use of substances;
  • any mental or physical ill health;
  • making the non-abusive parent aware of legal advice and options, including relevant legal protection;
  • awareness of time of increased risk e.g. pregnancy, leaving the relationship, and safety planning around this;
  • any support the child is likely to need to help recover from experiences of domestic abuse;
  • protective/change factors and recognition of what the non-abusing parent has already been doing to keep the child safe;
  • wider systemic issues which may be affecting the family such as low income, inadequate housing, lack of family resources;
  • tools such as genograms, timelines and questions to gather more detail about a relationship may be useful;
  • obtaining the parents’ consent to seek information from other agencies e.g. school, GP, Mental Health, Probation to inform the assessment.

Wherever possible, the alleged perpetrator should also be assessed in order to:

  • establish whether the alleged perpetrator acknowledges all or any abusive behaviours and is able to recognise the potential impact on the victim and children;
  • if there is any acknowledgement, the alleged perpetrator’s motivation to work with services, to co-operate with assessments and to change behaviours;
  • whether the alleged perpetrator minimises his/her abusive behaviours, shifts responsibility for them or denies any domestic abuse;
  • whether the alleged perpetrator will accept and co-operate with safety planning for all members of the family, including themselves;
  • throughout all interactions with the alleged perpetrator, there must be consideration given to the safety of the victim and children, especially if the alleged perpetrator is still living with the victim and children. If a Child Protection Conference is held, consideration should be given to how to safely involve the person perpetrating the abuse, including whether to hold a ‘split’ conference. Particular consideration will be given to the safety of the victim and children.

If appropriate, the views and experiences of the children should be explored and an assessment of their lived experiences obtained. It should be borne in mind that children may not have an understanding of what they have undergone and so not be able to articulate their experiences. Children may also have a fear of the consequences of disclosure to themselves and to the victims of domestic abuse.  Key messages for children who have experienced domestic abuse are:

  • it was not their fault;
  • it is not their role to sort out the situations;
  • they can talk to a trusted adult about anything.

Depending on age and circumstances, it may be appropriate to develop specific safety plans with children and young people and as a minimum, to help them identify who and how they would talk to if they felt afraid or needed help.

6. Impact on Children and Young People

Experience of domestic abuse is a traumatic event in a child’s life (see Childhood Trauma and the Brain (UKTC). The impact on individual children will depend on their age, temperament, additional experience of trauma and any other factors which may be affecting them. Some children will have developed coping strategies which may or may not be maladaptive.

Research has confirmed that children of all ages experience all forms of domestic abuse (not just physical abuse but the effects of emotional abuse and coercive control) themselves, whether or not they have been directly involved in abusive incidents. Children may also experience the impact of domestic abuse on the parenting they receive, including how both the victim and the perpetrator are affected as parents and attachment figures, see also Attachment and Child Development (NSPCC Learning). 

Where coercive control is present, children may be impacted in a number of ways.  Perpetrators may alienate a child from the other parent as a tactic of control or undermine the other parent’s parenting ability, thereby impacting on the child’s relationship with the non-abusive parent.  Children can be drawn into the dynamics of the parental relationship, causing distress and forcing children to choose alliances against one parent. Children may become actively involved in the abuse by intervening or seeking help.

Babies and young children are especially vulnerable when experiencing domestic abuse due to their complete reliance on their carers to meet their needs, their inability to verbalise, inability to remove themselves from any danger and lack of regular outside professional contact.

Infancy and early childhood is a critical period in a child’s development, both physically, and emotionally. Exposure to domestic abuse during this period is therefore of particular concern.

Young people with disabilities are also vulnerable.

Potential short-term impacts may include:

  • hyper vigilance (sensitivity to environment, alert to potential dangers which may be perceived rather than actual);
  • hyper-arousal (nervous, easily startled, anxious, agitated);
  • withdrawal (quiet, shut down, not involved with other people, daily life). Children exhibiting this response to domestic abuse and violence may be overlooked as they are not showing challenging behaviours or drawing attention to themselves;
  • difficulty going to sleep or staying asleep, bed wetting;
  • physical symptoms such as stomach aches;
  • problems with regulating emotions (exaggerated response to events);
  • aggressive behaviour (which can be a response to a trigger reminder of domestic abuse);
  • self-harming;
  • difficulties with attention / concentration.

Longer term impacts may include:

  • anxiety;
  • depression;
  • poor academic performance;
  • self destructive behaviours;
  • chronic physical, emotional and mental ill health;
  • problematic use of substances;
  • low self esteem;
  • difficulties in family and other relationships;
  • risky and impulsive behaviours, including criminal activity.

Children and young people of different ages may respond in different ways to domestic abuse, depending on their stage of development.

Potential reactions to domestic abuse and violence by age  –

In utero:

  • excessive exposure to cortisol (the stress hormone);
  • physical injury – “suspect” attempting to cause death to the unborn child/ren. Punching, Kicking, or possibility of poisoning mother to bring on birth early.

Birth to 5 years old:

  • inconsolable crying;
  • excessive sleeping;
  • disrupted eating and sleeping patterns;
  • intense separation anxiety or, by contrast, no reaction to separation;
  • regression in terms of development;
  • lack of responsiveness;
  • language delay;
  • resistance to being held or, by contrast, needing to be held more;
  • aggressive or impulsive behaviour which presents as beyond developmental parameters.

6-11 years old

  • disrupted sleep, nightmares;
  • attention and concentration difficulties;
  • problems with peer friendships;
  • aggressive behaviours;
  • withdrawal, lack of interest, anxiety;
  • self-blame;
  • emotional dysregulation;
  • school refusal or truancy;
  • physical symptoms.

12-18 years old:

  • poor school attendance, lack of qualifications;
  • impulsive and reckless behaviour e.g. truancy, criminal activity, sexual activity, pregnancy, substance use, running away;
  • entering into abusive relationships (as a victim or a young instigator of abusive behaviour);
  • depression and anxiety;
  • withdrawal from activities and friendships;
  • self-harming;
  • anti-social behaviour;
  • abusive behaviours to family;
  • consider contextual safeguarding as a related risk within this context – see Areas of Risk section, Contextual Safeguarding chapter.

Some of the behaviours within this age group may be connected to their stage of development. Changes in the adolescent brain connected to perceptions around risk taking, empathy and the emerging sense of individual identity may have an impact on the identification of potential responses to domestic violence and abuse.

Not all children and young people will display all of the potential reactions and impacts of domestic abuse set out above. Children will have individual strengths, personal, familial and social characteristics that may contribute to resilience. Individual assessment will help identify those factors that can be built upon to support recovery and resilience. Boing boing co-produced Resilience, Research and Practice (Boing, Boing).

Children with neurodevelopmental conditions including those with special educational needs and disabilities (SEND) may find it difficult to express their feelings or may express them in different ways, for example if the child is autistic, has communication or sensory needs, or a learning disability.

Distress can be presented in different ways, including through challenging behaviour, becoming more withdrawn, difficulties concentrating or other changes to their usual behaviours or ways of communicating.

Professionals must take the individual needs of the child into consideration to support them to communicate in a way they feel comfortable. This may include drawing on multi-agency approaches, working with educational psychologists and drawing on the knowledge of those who know the child best, such as their teacher or any therapists currently involved in their support. It is important that children and young people have the communication tools appropriate to report abuse and engage with professionals trained to aid their communication where needed.

Children of separated parents

For children of separated parents where domestic abuse is a factor, the impact of the abuse may intensify after separation. Therefore, providing support to both children and the non-abusive parent is essential and the child’s voice, their safety and the safety of the non-abusive parent should always be considered. There should be a focus on the importance of joint and parallel work for victims, including children and a range of services to sensitively address and overcome the harm domestic abuse has caused to the non-abusive parent-child relationship. This should also include appropriate access to relevant services for the perpetrator alongside clear accountability that the perpetrator is responsible for the harm caused.

Young people experiencing abuse in their own relationships

Young people can also experience abuse in their own relationships. Experiencing abuse in their own intimate relationships can be hugely damaging for young people and abuse in teenage relationships should be taken just as seriously as in adult relationships.

7. Reducing Parental Conflict programme and Resources

It is important for professionals to recognise the difference between domestic abuse and parental conflict, as interventions and safety planning will be different for each.  There are some distinct differences and is important not to see parental conflict as a stage before domestic abuse, or domestic abuse as an escalation of parental conflict. If there are indications of an imbalance of power in the relationship which adversely affects one person and is used as a form of control, or if either partner feels fear, this is indicative of an abusive relationship.

Information and resources for leaders, managers and practitioners helping to reduce the impact of potentially damaging inter-parental conflict on children – Reducing Parental Conflict Programme and Resources (gov.uk)

8. Trauma-Informed Approach

The Children and Young People Insights Dataset (Safe Lives) shows that a trauma-informed approach, including receiving help from specialist children’s services reduces the impact of domestic abuse on these children and young people and improves their safety and health outcomes. A trauma-informed approach recognises that people who have survived significant childhood adversity may experience a triad of entwined social, physical, and psychological injuries. While these injuries are typically studied independently, they are better understood as interlocking and interdependent, shaping people’s subjective experiences in complex ways across their lifespan. The result can be ‘harm building upon harm’, reducing the ‘shock absorbers’ available to cope at times of stress.

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1. Definition

Female genital mutilation comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.

The practice is illegal in the UK, and it is also illegal to take a British national or permanent or habitually resident girl abroad for the practice of FGM or to help someone trying to do this, under the FGM Act 2003.

Female genital mutilation (FGM) is child abuse and a form of violence against women and girls, and therefore should be dealt with as part of existing child and adult safeguarding / protection structures, policies and procedures.

FGM is known by a variety of names, including ‘female genital cutting’, ‘circumcision’. The terms ‘FGM’ or ‘cut’ are increasingly used at a community level in the UK, although they are not always understood by individuals in FGM affected communities, largely because they are English terms. So care needs to be taken, in developing a cultural understanding of the terms used by communities to describe FGM.

Important to note – Transgender Men

Individuals who may have been cut as a child and have transitioned from female to male, are also survivors of genital mutilation/cutting. Transgender men may also experience the same challenges as regards trauma, health and sexual relationship challenges. Thus, services need to also how they can be more inclusive or adaptive of their services, which can predominantly support cisgendered women, impacted by FGM. One such inclusive service providing support for Femmes in Sussex in ‘HERSANA’

The World Health Organization (WHO) has classified FGM into four types:

  • Type 1 – Clitoridectomy: partial or total removal of the clitoris (a small, sensitive and erectile part of the female genitals) and, in very rare cases, only the prepuce (the fold of skin surrounding the clitoris);
  • Type 2 – Excision: partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora (the labia are the ‘lips’ that surround the vagina);
  • Type 3 – Infibulation: narrowing of the vaginal opening through the creation of a covering seal. The seal is formed by cutting and repositioning the inner, or outer, labia, with or without removal of the clitoris; and
  • Type 4 – Other: all other harmful procedures to the female genitalia for non-medical purposes, e.g. pricking, piercing, incising, scraping and cauterising the genital area and labia elongation.

Labia minora elongation is a form of FGM, that is often undertaken over a prolonged period of time. If a child is undergoing this practice, it is child abuse and should be treated as such.  Labia minora elongation (LME) is a form of female genital mutilation (FGM) that involves the elongation of the inner lips of the female external genitalia or labia minora with the use of herbs. Unlike other types of FGM, LME is a prolonged process that takes months to years of physical and mental suffering. However, less emphasis has been given to the suffering related to this practice than other forms of FGM. (See the Lancet article below for more information). Labia minora elongation: a neglected form of genital mutilation with mental and sexual health concerns – eClinicalMedicine (The Lancet).

2. The Law

Female Genital Mutilation Act 2003: offence of female genital mutilation:

“A person is guilty of an offence if [s/]he excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris.”

It is an offence to:

  • undertake the operation (except in specific physical or mental health grounds);
  • assist a girl to mutilate her own genitalia;
  • assist a non-UK person to undertake female genital mutilation of a UK national outside the UK (except in specific physical or mental health grounds);
  • assist a UK national or permanent UK resident to undertake female genital mutilation of a UK national outside the UK (except in specific physical or mental health grounds).

The Serious Crime Act 2015, amended the FGM Act 2003, by bringing in:

  • mandatory reporting;
  • need to notify the police;
  • FGM Protection orders;
  • failure to protect a girl at risk of FGM.

3. Mandatory Reporting Duty

The FGM mandatory reporting duty is a legal duty provided for in the FGM Act 2003 as amended by the Serious Crime Act 2015 under section 5B.

The legislation requires regulated Health and Social Care Professionals and Teachers in England and Wales to make a report to the Police on the single non-emergency number 101 when in the course of their duties, they either:

  • are informed by a girl under 18 that an act of FGM has been carried out on her; or
  • observe physical signs which appear to show that an act of FGM has been carried out on a girl under 18 and they have no reason to believe that the act was necessary for the girl’s physical or mental health or for purposes connected with labour or birth.

Best practice is to submit a report as soon as possible after a case is discovered and for reports to be made no later than by the close of the next working day. Legislation states that a report MUST be made before the end of one month. This provision was made in order to allow for exceptional cases, from when the discovery is made to submitting a report. However, the expectation is that reports will be made much sooner than this.

For the purposes of the duty, the relevant age is the girl’s age at the time of disclosure/identification (i.e. it does not apply where a woman aged 18 or over discloses she had FGM when she was under 18).

The duty does not apply if a relative / carer divulges that a child has undergone FGM however safeguarding guidance should be followed. See also Recognition of Abuse and Neglect.

It is also important to note however, that if a relative or carer informs a practitioner that a child under the age of 18 has undergone FGM, there may also be a risk to other girls/Transgender (female to male) siblings/children under 18 within the home or family network, who may also need to be safeguarded. Children’s Services are best placed, to assess any ongoing risk of FGM following a referral.

The duty is a personal duty which cannot be delegated, and it does not breach any confidentiality requirement.

The duty applies to all regulated health, teaching and social work professionals. For teachers this includes persons employed to carry out teaching work in schools and other institutions.

All other practitioners who are not covered by the mandatory reporting duty described at 8.25.10 under their safeguarding children responsibilities must take appropriate safeguarding action in relation to any identified or suspected case of FGM (e.g. report to your safeguarding lead).

The safety of the child is the priority, reports under the duty should be made as soon as possible and best practice is before close of the next working day. The Police and Local Authority should be the area in which the child resides, ring 101 and explain that you are making a report under the FGM mandatory reporting duty. You will be given a reference number for the call, ensure that you document this in your records. If a medical examination is required, ensure that this is undertaken via a trained SARC’S service or FGM trained paediatrician.

In addition, if you have concerns that the child may be leaving the UK imminently professionals should also inform Border Force South on Tel: 01293 507075/502019

Where there is a risk to life or of serious immediate harm professionals should report the case immediately to Police, dialling 999 if appropriate.

4. FGM Protection Orders (FGMPOs)

A FGM protection order (FGMPO) is a civil order used to protect those who are vulnerable to FGM, to prevent it from taking place, in addition to protecting survivors under the age of 18. It gives the courts flexibility in stipulating conditions around safeguarding the welfare of the protected person. (e.g., preventing parents from taking children at risk out of the UK or minimise/prevent contact with a family member deemed to be a risk, in the UK or abroad) This means a court can also put provisions in place to facilitate the safe return of girls who have been taken outside the UK for the purpose of FGM.

It is important to note that FGM can also take place within the UK, and known or suspected cutters can also be of concern. It can be medicalised, where cutting can take place in a hospital/medical setting.

A FGMPO can be obtained through three issuing family courts. Breaching a FGMPO can carry a penalty of up to five years in prison. Applications for FGMPOs can be made directly to the court by the person seeking protection, a relevant third party (such as local authority, teachers, health professionals, police, charity, and family members). The courts have the ability to grant an order without an application being made.

A person completing the application should read the FGM Protection Order Guidance prior to completing. As well as speak to your legal department, particularly if you are working with a child/family subject to immigration control (asylum seeker).

Section 1(2) of Schedule 2 of the Female Genital Mutilation Act 2003 states:

“In deciding whether to exercise its powers under this paragraph and, if so, in what manner, the court must have regard to all the circumstances, including the need to secure the health, safety and well-being of the girl to be protected”.   

The threshold is not equivalent to the threshold within care proceedings. The orders granted are distinct. An order should be applied for where there is concern that FGM could be performed upon a protected person in England and Wales and/or outside of the jurisdiction and this can be addressed within a witness statement.

Relevant evidence to support a case can include:

1) Medical reports confirming that the protected person has or has not been cut;

2) Minutes from children’s services’ meetings which explain why there is a fear that the protected person could be cut; (Sec 47,CA 89, strategy discussion/enquiry)

3) Where there has been involvement from a specific social worker, the social worker ought to strongly consider providing a witness statement outlining for example their involvement with the child and family, the risks present, and the steps taken to address such risks; bearing in mind cultural and linguistic family needs and highlighting any educative work undertaken toward change in views and risk. (A community resource may also prove helpful)

4) Witness statements from family members/friends/professionals, which identify the risk. For example, where threats have been made to remove the protected person from the jurisdiction and there are witnesses to confirm the same, such witnesses should be invited to file statements to support the application;

5) Flight tickets / information confirming a family intend to leave the jurisdiction;

6) Information from the protected person’s educational institution confirming any disclosures made or concerns raised by professionals about the child’s behaviour;

7) Where the protected child and/or her family’s immigration status is insecure, it might be helpful to provide the court with copies of documentation about the child’s immigration status to date and any on-going proceedings. This information could be relevant where there is risk of imminent deportation. (Note that a risk of FGM, should a child be returned or deported to a home country, could be enough to warrant a FGMPO application to the court. Parents/relatives can also apply to the court directly and may be able to receive pro-bono legal assistance)

8) be mindful of the fact that FGM does not just impact girls from Practicing FGM countries, so there is also a need to consider families in mixed relationships, with dual heritage children. As well as white females for example, under 18, who may have genital piercing, which is classified as type 4 FGM.

*The list above is not intended to be exhaustive. *

FGM Protection Orders can extend to prohibiting conduct inside and outside England and Wales (section 1(4) of Schedule 2 of the Female Genital Mutilation Act 2003).

5. Prevention

Professionals working in maternity services are uniquely placed to identify and prevent FGM as most survivors of FGM are identified when they are pregnant. All pregnant women are routinely asked whether they have been cut, regardless of their background or where they were born. The intimate nature of maternity care also aids identification through observation during clinical examination and care. This affords maternity professionals an opportunity, at a time when parents are receptive to public health messaging and behaviour change interventions, to undertake early preventative work with parents. As a minimum, this will include:

  • a sensitive, supportive, culturally competent and honest conversation with women who are survivors of FGM and their family about the law in the UK and the physical and psychological short- and long-term health consequences of practising FGM;
  • information sharing with other healthcare professionals i.e. health visitor and GP who are in a position to reinforce preventative messages with parents. As well as culturally competent FGM community groups and women’s groups.

Please also Section 6, Recognition and Section 7, Response where support for survivors and safeguarding risk assessment is covered.

The FGM Enhanced Dataset is a national resource collected from NHS acute trusts, mental health trusts and GP practices. Reports are published as an official statistic every quarter. Clinicians are required to record into clinical notes when FGM is identified, and also what type it is.

The data collected is used to produce information that helps to:

  • improve how the NHS supports women and girls who have had or who are at risk of FGM and plan the local NHS services needed both now and in the future
  • help other agencies and organisations to develop plans to prevent FGM happening in local communities.

Female Genital Mutilation – Information Sharing (FGM-IS) is a national IT system that supports the prevention, early intervention and ongoing safeguarding of girls, under the age of 18, who are potentially at risk of FGM. This system allows information to be shared about an immediate family history of FGM with healthcare professionals providing care for a girl.

An FGM indicator is recorded on a girl’s record (usually at birth by the Maternity Unit) on the FGM-IS system (part of the National NHS Spine) and can be viewed by authorised health professionals throughout England.

A positive FGM indicator should prompt the professional to consider if they need to take any preventative or safeguarding actions. The FGM-IS system should reduce the chance that health services might overlook that a girl has a family history of FGM when providing treatment.

6. Recognition

Many girls may not be aware that they may be at risk of undergoing FGM, but concerns may arise in various ways that a child is being prepared for FGM to take place abroad or in the UK. These include knowing that the family belongs to an FGM affected community and is preparing for the child to be taken on holiday, arranging vaccinations or planning absence from school. The child may also talk about a ‘special procedure/Party/ceremony’ that is going to take place.

It will always be important however, to ensure you are talking to families about their planned trips abroad, in terms of information gathering and risk assessments, so as not to unwittingly racially profile specific groups of people, due to their ethnicity and country of origin. As they may be going on holiday and may be having a cultural celebration, that may not be FGM.

Girls are at particular risk of FGM at any time, but particularly during school holidays and prolonged absences from school, as these are the times when families may take their children abroad for the procedure or arrange for cutters to come to the UK.

6.1 Signs that a girl could be at risk of FGM

  • One or both of a girl’s parents come from a community affected by FGM.
  • A girl is born to a woman who has undergone FGM.
  • Mother has requested re-infibulation following childbirth.
  • A girl has an older sibling or cousin who has undergone FGM.
  • One or both parents or elder family members consider FGM integral to their cultural or religious identity.
  • The family indicate that there are strong levels of influence held by elders and/ or elders who are involved in bringing up female children.
  • A girl/family has limited level of integration within UK community.
  • A girl from a practising community is withdrawn from PSHE and / or Sex and Relationship Education or its equivalent may be at risk as a result of her parents wishing to keep her uninformed about her body, FGM and her rights.

6.2 Signs that a girl could be at immediate risk of FGM

  • If a female family elder is present, particularly when she is visiting from a country of origin, and taking a more active / influential role in the family.
  • If there are references to FGM in conversation, for example a girl may tell other children about it.
  • A girl may confide that she is to have a ‘special procedure’ or to attend a special occasion to ‘become a woman’.
  • A girl may request help from a teacher or another adult if she is aware or suspects that she is at immediate risk.
  • Parents state that they or a relative will take the child out of the country for a prolonged period.
  • A girl may talk about a long holiday to her country of origin or another country where the practice is prevalent.
  • A girl is taken abroad to a country with high prevalence of FGM, especially during the summer holidays which is known as the ‘cutting season’.

6.3 Signs that FGM has occurred

  • Prolonged absence from schools.
  • Frequent need to go to the toilet.
  • Long break to urinate.
  • Urinary tract infections.

Any medical provision for a pregnant woman and also non-pregnant women with children who have been the subject of female genital mutilation provides an opportunity for open discussions recognition of risk, or minimised risk if this is not a woman’s first female child and preventative work with parents. The role of men / fathers from FGM affected communities should also be considered within this context. With the support of community and religious groups and community champions. The provision of face-to-face interpreters for this work must be a priority where needed, language line if not possible. Do not use family members as interpreters.

Bear in mind that concerns around FGM may not always be from the parents, but from extended family members in the UK or in families’ countries of origin. Children’s Social care Genogram tools will be good to look at wider risk factors within families.

A child may be at risk if it is known that other family members have been subjected to the procedure and it should not be automatically assumed this is the case. The age at which girls undergo FGM varies enormously according to their community practice. The procedure may be carried out when the girl is new-born, during childhood or adolescence, just before marriage or during the first pregnancy. However, the majority of cases of FGM are thought to take place between infancy and fifteen years old (see FGM: Frequently Asked Questions (UNPA).

Possible indicators are similar to other forms of abuse, especially Sexual Abuse – a girl may not know that she has been cut or that the health issues being experienced are linked to being cut – include the following.

6.4 Physical symptoms

  • Genital bleeding and genital discharge.
  • Recurrent urinary problems, including urinary infections.
  • Girl has difficulty walking, sitting or standing or looks uncomfortable.
  • Girl finds it hard to sit still for long periods of time, which was not a problem previously.
  • Girl presents to GP or A&E with frequent urine, menstrual or stomach problems.

6.5 Verbal indicators

  • Girl mentions something somebody did to them, that they are not allowed to talk about.
  • FGM is referred to in conversation by the girl, family or close friends of the child.
  • Girl has spoken about a long holiday to her country of origin/another country where the practice is prevalent.
  • Parents/child/family member say that they or a relative will be taking the girl abroad for a prolonged period – this may not only be to a country with high prevalence, but this would more likely lead to a concern.
  • Girl talks about pain or discomfort between her legs.

6.6 Behavioural and non-verbal responses

  • Reluctance to receive medical attention or to participate in sporting activities; may avoid physical exercise or requiring to be excused from PE lessons without a GP’s letter.
  • Prolonged absence from school, with noticeable behaviour change on return and long periods away from classes or other normal activities.
  • Girl is reluctant to undergo any medical examination.
  • Increased emotional and psychological needs e.g. withdrawal, depression, or significant change in behaviour.
  • Girl spends a long time in the bathroom/toilet/long periods of time away from the classroom; or girl avoids going to the toilet.
  • Some girls look/appear to be uncomfortable/experiencing discomfort.

6.7 Potentially related activity instigated by parent / care giver

  • Girl has attended a travel clinic or equivalent for vaccinations/anti-malarial medication.
  • Sections missing from the child’s personal health record (red book).

7. Response

Any suspicion of intended or actual female genital mutilation must be referred to Children’s Social Care, in accordance with the Making a Referral Procedure. The National FGM Centre resources include an FGM Referral Guide. It is important to note however that a multi-agency response is the best approach to safeguarding girls who are at risk of FGM. Normally the first response to a referral makes a big difference with how families engage, so good quality information in the referral helps to achieve a good outcome. Where professionals making the referral have undertaken a risk assessment this should be accompanied with the referral. For example, health professionals should attach the Department of Health FGM Risk Assessment completed with the referral.

Children’s Social Care (CSC) MUST inform Sussex Police and the Children’s Sexual Assault Referral Centre (CSARC); and a Border Force South safeguarding lead when appropriate (if the child is resident in Sussex) for advice at the earliest opportunity.  CSC must convene a Strategy Discussion within two working days if:

  • there is concern that a girl or young woman, under the age of eighteen, is at risk of undergoing this procedure within the UK;
  • it is believed that a girl or young woman is sent or taken abroad or is at risk of being sent abroad for that purpose; or
  • there are indications that a girl or young woman has suffered FGM.
  • consider the need for a SARC medical examination if there has been verbal disclosure that FGM has taken place.

The Children’s Social Care manager should have relevant knowledge and experience of female genital mutilation or consider inviting someone with appropriate knowledge e.g. a child protection adviser / senior manager to chair the Strategy Discussion. Health Professionals working with the family such as the Health Visitor, School Nurse, GP and Health Specialists at CSARC, community and voluntary organisations with specific expertise such as HERSANA or FORWARD and Sussex Police should be invited. Consideration must be given to inviting a legal adviser and a Border Force South safeguarding lead where appropriate.

8. Assessment

To make appropriate and informed professional judgements about the child’s needs, it is important that professionals are sensitive to differing cultural traditions, customs, religious beliefs, lifestyles, linguistic needs and to child-rearing practices, that may differ from your own and that vary across different racial, ethnic and cultural groups.

At the same time, we must make explicit our safeguarding concerns at all times and ensure families have a clear understanding of what constitutes child abuse and that families cultures will be respected, but not when harmful practices, in the name of culture, pose a risk or harm children.

Siblings should be included in the assessment and any subsequent child protection planning.

The National FGM Centre’s assessment tool and accompanying ‘FGM best practice guidance for social workers,’ will be helpful to use in assessing risk, to support engagement with a child and family member, with a good guide in Appendix 5, FGM Good Practice Guidance and Assessment Tool for Social Workers on how to ask culturally competent questions, as well as how to use Genograms, to assess the risk in a wider family context.

FGM could sometimes be a precursor for other forms of harmful practices such as:

Also consider other safeguarding concerns such as the following as part of a holistic assessment:

If there is a risk of the girl being taken overseas the assessment must include risk of flight, and the need for an FGMPO, which could prevent a girl from being taken overseas or repatriated if risks to her safety is high. Should a girl be taken out of the country you can also seek advice and support via the The Forced Marriage Unit, who also provide advice on FGM, speaking to consulates and Embassy’s, as well as or Children and Families Across Borders Charity. Please see advice and information section below for contact details.

In planning any intervention, it is important to think about how to frame a conversation with the child and her family. Female genital mutilation is generally performed because of the significance it has in terms of cultural identity. It is important to use FGM terminology that is understood by the family. In addition, it is important to ask families about terms used within their culture, as there may be slight variations in what you may read about people and their countries of origin. Some community terms include cutting, circumcision[1], sunna, gudniin, halalays, tahur, megrez and khitan. The National FGM centre’s Traditional terms for FGM resource provides detail at individual country level. Any intervention is more likely to be successful if it involves workers from Black and global majority communities, or with a detailed knowledge of, the community concerned, who can also  remain open and curious about how they can affect change. The National FGM Centre provides tips for direct work with children and families. Tips to help professionals hold a conversation about FGM with a child and family members can be found in Appendix 5, of the National FGM Centre best practice guide for social workers, which can be found above in paragraph (17.4.31).

If necessary, legal advice must be taken on the options which could be considered to protect a child. Under the Children Act 1989, possible legal proceedings could include a Prohibited Steps Order with or without a Supervision Order. Removal from home should be considered only as a last resort. Please also see FGM protection orders (FGMPOs) above.

Educative and preventative work should be undertaken with the family in the first instance, supported by community groups, in partnership with Children’s Services and multi-agency partners, to affect change. Particularly as in many instances, FGM may be the only safeguarding concern.

If the child has already suffered female genital mutilation, the Strategy Discussion must look at the need for the child to have an urgent medical examination and CSC, will need to undertake assessments of further risk within the family, using the Genogram tool and guidance outlined above. To enable decision to be made about continuing enquiries and sec 47 investigations, in conjunction with providing support services. Strategy discussions should evaluate the information collected via agency enquiries.

When a medical examination is needed for evidential purposes professionals should consider therapeutic support needs at this juncture. It is important that therapeutic support needs are considered at regular intervals and in particular when events which might trigger a traumatic response occur, such as a medical intervention and/or a medical procedure. Specialist Support/examinations for children can be accessed via University College London Hospital (UCLH) supported by LA SARCS services.

The main emphasis of work in cases of actual or threatened female genital mutilation should be through education, support, advice and engagement, linking children and families to advice and support networks. This approach should also be reflected in Child Protection Planning. Agencies and organisations should also ensure that action taken is line with their local FGM guidance and processes. Support and counselling services can be accessed via HERSANA. Details of their service provision is in the link on the resources section.

Steps to take when it is suspected that a child suspected of either having undergone or is deemed to be at risk of undergoing FGM should include:

  • arranging for a face to face (where possible) interpreter if required; good practice would be to offer to use a female interpreter;
  • creating an opportunity for the child to divulge, seeing the child on their own;
  • using simple language and asking straightforward questions;
  • using terminology that is non-blaming and that the child will understand, e.g. using an approach that does not retraumatise the girl so that she is unlikely to view the procedure as abusive;
  • being sensitive to the fact that the girl will be loyal to their parents;
  • giving the girl time to talk;
  • getting accurate information about the urgency of the situation, if the girl is at risk of being subjected to FGM;
  • giving the message that the girl can come back to you again and signposting the child to additional sources of support and advice where appropriate. Children and professionals concerned about FGM can  call the NSPCC – FGM Helpline on: 0800-028-3550

Further tips to help plan a conversation are appended to this guidance. Safety planning must then be considered, this may involve a conversation with the child so that she is clear about how to keep safe in the immediate and near future. To aide conversations with children, also see the NSPCC PANTS Rule.

9. Further Advice and Information

Useful contacts are:

10. Flowcharts / Risk Assessment Tools

Child / Young Person (under 18) at Risk of FGM Flowchart

Pregnant Women at Risk of FGM flowchart 

Women (over 18) Not Pregnant at Risk of FGM flowchart – routine enquiry or unplanned disclosure of FMG or potential FGM risk to self or others

National FGM Centre Assessment Tool

12. Resources and Guidance

Multi-Agency Statutory Guidance on Female Genital Mutilation (gov.uk)

Mandatory Reporting of Female Genital Mutilation: Procedural Information (gov.uk)

Fact Sheet on Mandatory Reporting of Female Genital Mutilation (gov.uk)

Female Genital Mutilation programme – e-Learning for Healthcare

Public information leaflets:

There are leaflets for people who want to know more about FGM, published by the NHS. These are available in multiple languages (at the bottom of the page).

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Date of review December 2023.

Date of next review February 2025.

See also Factsheet – Notification for the Death of a Care Leaver (opens as a pdf)

1. Introduction

A key statutory function of Safeguarding Children Partnerships is to conduct a Local Child Safeguarding Practice Review after a child has died or is seriously harmed as a result of abuse or neglect within the Local Authority area.

For the purposes of this guidance the East Sussex, West Sussex and Brighton & Hove Safeguarding Children Partnerships (ESSCP; WSSCP and BHSCP) will be referred to as the Pan-Sussex Safeguarding Children Partnerships – PSSCP – and will follow this guidance in their individual ‘local authority’ areas. Individual Safeguarding Partnerships will be referred to as SCP.

In each SCP area the partnership Case Review Group (CRG) is responsible for this process including:

  • recommendations on behalf of the three safeguarding lead partners and inviting the independent scrutineer/chair to provide objective feedback regarding the recommendation as to:
    • whether a child safeguarding practice review should be carried out and the methodology/approach to be used; or
    • whether a child safeguarding practice review should not be carried out but another type of action, such as a single agency review or audit should be undertaken; or
    • whether other action should be taken by the SCP;
  • commissioning local child safeguarding practice review on behalf of the SCP;
  • monitoring partner agency, and SCP‘s action plans following the publication of child safeguarding practice reviews;
  • using the learning from local and national child safeguarding practice reviews to inform policy, practice and the SCP’s learning and development programme.

The National Panel issues Child Safeguarding Practice Review Panel guidance for safeguarding partners, which should be considered alongside this procedure. This updated guidance included this graphic, which outlines decision making around reviews.

(Click image to enlarge)

Flowchart about the notification to local Child Safeguarding Practice Review

How to undertake these steps will be detailed in this Serious Child Safeguarding Incidents and Safeguarding Practice Reviews Pan-Sussex guidance and procedure.

2. Child Safeguarding Incidents

The responsibility for how the safeguarding system learns the lessons from serious child safeguarding incidents lies at a national level with the National Child Safeguarding Practice Review Panel (NCSPRP) and at local level with the SCPs. Each SCP has arrangements in place to ensure that serious child safeguarding incidents are identified and reviewed in line with Working together to safeguard children (Department for Education).

Serious child safeguarding cases are those in which:

  1. the child has died or been seriously harmed;and
  2. abuse or neglect of a child is known or suspected.

Serious harm includes (but is not limited to) serious and/or long-term impairment of a child’s mental health or intellectual, emotional, social, or behavioural development. This is not an exhaustive list. When making decisions, judgement should be exercised in cases where impairment is likely to be long-term, even if this is not immediately certain. Even if a child recovers, including from a one-off incident, serious harm may still have occurred

A serious child safeguarding case is one in which issues of local importance are raised, including effectiveness of multi-agency safeguarding practice, and in such matters each SCP will consider what action should be taken. In assessing whether an incident or case is a ‘serious child safeguarding case’ – SCPs should consider whether the case highlights improvements needed (including where those improvements have been previously identified), highlights recurrent themes, or concerns how two or more organisations work together.

Determining the level of seriousness will sometimes need consideration and in some cases this may be difficult, for example in the cases of severe neglect, in such cases a judgement about the seriousness will need to be made.

3. Identifying and Referring Serious Child Safeguarding Cases

Each agency must have their own arrangements for identifying serious child safeguarding cases or incidents where serious harm or death has occurred. It is important that any practitioner or professional can discuss a case or incident with their agency safeguarding children lead if they think it is a serious child safeguarding matter.

Many cases of serious harm become known through a critical incident or the death of a child, in which case the local area Multi Agency Safeguarding Hub (MASH) will be alerted and will notify the Local Authority Director of Children’s Services, Assistant Director of Social Care and Head of Safeguarding Children. An initial assessment on whether a Serious Incident Notification is needed will be made. However, CRG can receive referrals from any professional working in a children’s service.

If there is no critical incident or death, then any partner agency may refer a case to the SCP CRG if they believe that there are important lessons for multi-agency working to be learned from the case. The agency safeguarding lead should notify the SCP Manager of a referral using the CRG Serious Incident referral form (see Appendix A). The SCP Manager will advise the members of CRG of the referral, who will have an initial discussion on whether a Serious Incident Notification is required.

4. Serious Incident Notifications

If (a) a child dies or has been seriously harmed, and (b) abuse or neglect is known or suspected – a decision on whether to submit a Serious Incident Notification (SIN) to the National Child Safeguarding Panel must be made.

The SCP for the area in which the child is normally resident decides whether an incident should be notified.

Some cases will be more difficult than others to decide if the case needs a Serious Incident Notification. In cases such as these where the CRG members are undecided or have a split opinion, the SCP Business Team will facilitate discussion between the three safeguarding leads (namely: Children’s Social Care, NHS and Police) for a SIN decision. Sufficient but brief information will be shared to enable a multi-agency decision to be made. Where a SIN is to be made, the National Child Safeguarding Review Panel should be notified within 5 days of the local authority first becoming aware of the incident.

The duty to submit the formal notifications of a child death or serious harm rests with the Local Authority (completed by Local Authority Head of Safeguarding Children). However, this guidance supports that the assessment and decision on whether the criteria for notification is met should be made in consultation with safeguarding leads. When a Serious Incident Notification is submitted, this will trigger a SCP Rapid Review.

The local authority must notify the Secretary of State for Education, and Ofsted of the death of a looked after child. The Local Authority should also notify Secretary of State and Ofsted of the death of a care leaver up to and including the age of 24.  This should be notified via the Child Safeguarding Online Notification System. The death of a care leaver does not require a rapid review or local child safeguarding practice review. However, safeguarding partners must consider whether the criteria for a serious incident has been met and respond accordingly, in the event the deceased care leaver was under the age of 18. If local partners think that learning can be gained from the death of a looked after child or care leaver in circumstances where those criteria do not apply, they may wish to undertake a local child safeguarding practice review.

5. Rapid Reviews

A Rapid Review will take place following submission of a Serious Incident Notification to the National Panel.

The rapid review provides an opportunity for agencies to reflect on their safeguarding practice relating to system and practice issues and identify immediate improvements and learning. The rapid review information will be requested from agencies using the rapid review information request template (see Appendix B). This will be co-ordinated by the SCP business team.

The aim of a rapid review is to enable safeguarding partners to:

  • gather the facts about the case, as far as they can be readily established at the time;
  • understand the child’s lived experience;
  • discuss whether there is any immediate action needed to ensure children’s safety and share any learning appropriately;
  • consider the potential for identifying improvements to safeguard and promote the welfare of children;
  • decide what steps they should take next, including whether or not to undertake a child safeguarding practice review.

Rapid reviews and local child safeguarding practice reviews should identify and record the protected characteristics of each family member, along with details of the whole family, to ensure that families’ diverse needs, experiences and wider family networks are identified and analysed appropriately.

The CRG will convene to discuss and analyse agency submissions with a view to deciding whether a Local Child Safeguarding Practice Review (LCSPR) should be undertaken and identifying immediate improvements and learning.

Statutory Safeguarding Partner Leads delegate responsibility for decision making with regards to rapid review outcomes to their CRG representatives, of whom hold appropriate seniority, knowledge and experience to undertake this task. Statutory Safeguarding Partner Leads have oversight of recommendations and decision making.

A rapid review report containing the CRG decision on whether to undertake a LCSPR or not will be submitted to the SCP statutory safeguarding leads and SCP Independent Scrutineer / chair for review. The rapid review report will then be sent to the National Child Safeguarding Review Panel. This should be done within 15 working days of the SIN being submitted. Any delays on making the decision or submission of the rapid review report should be communicated directly to the National Review Panel.

Rapid Reviews should include:

  • date of birth, gender and ethnicity of the child who has been harmed or who has died and whether the child had any known disability;
  • family structure and relevant background information on the family – include all children not just the one(s) harmed or who died. A family tree (genogram) is often helpful. Relevant information should be provided on the parents and any significant adults, including ages and any known physical or mental health problems or disability;
  • immediate safeguarding arrangements of any children involved;
  • which agencies have been involved in the rapid review, explaining any agency omission whose involvement would be usually expected;
  • a concise summary of the facts, so far as they can be ascertained, about the serious incident and relevant context;
  • a decision about whether or not an LCSPR should be commissioned using the criteria set out in Working Together to Safeguard Children (Department for Education);
  • if the decision is to commission an LCSPR, the key lines of enquiry and the questions that are to be answered by the review process should be set out in the conclusion to the rapid review;
  • good practice examples;
  • any immediate learning already established and plans for their dissemination.

The National Panel has published guidance on undertaking Rapid Reviews, and example Rapid Reviews.

Rapid Review reports will be submitted to: [email protected].

Where a Rapid Review (or Local Child Safeguarding Practice Review) requires a migration, border or citizenship related contribution from the Home Office, the Immigration Enforcement’s National Command and Control Unit (NCCU) should be notified.

NCCU can be contacted 24 hours a day, seven days a week at 03000 134 999 or [email protected].

Child Safeguarding Rapid Review Examples (Child Safeguarding Rapid Review Panel) This document from the Child Safeguarding Practice Review Panel contains anonymised examples of rapid reviews submitted to the Panel between 2019 and 2022.

Its aim is to help safeguarding partners complete rapid reviews of serious safeguarding incidents by providing examples of how to set out the facts of the incident, immediate actions and learning for the partnership and practitioners. These examples are not intended to be comprehensive or prescriptive but aim to demonstrate a range of different types of incidents that regularly come to the Panel from safeguarding partners across England. Different formats and templates have been included to show the variation of how key information is conveyed in a concise and coordinated manner.

6. Safeguarding Siblings and / or Other Children

The rapid review should be assured that any other children within the subject child’s network are adequately safeguarded. Where there are concerns about the welfare of siblings or other children, the Pan-Sussex Child Protection Procedures must be followed, including those covering organised and complex abuse if relevant

7. Local Child Safeguarding Practice Reviews (LCSPR)

The primary purpose of a Safeguarding Practice Review is to focus on improving learning, professional practice (collective and individual agency) and outcomes for children. The review should be proportionate to the circumstances of the case, focus on potential learning, and establish and explain the reasons why the events occurred as they did.

Each SCP will, via the CRG, commission and oversee Safeguarding Practice Reviews, and agree the methodology to be used for each review, this decision may be influenced by:

  • known areas of improvement needed, including where those improvements have been previously identified;
  • re-occurring themes in safeguarding and promotion of the welfare of children;
  • concerns regarding effectiveness of agencies working together and associated procedures;
  • concern about the actions of a single agency and relevant procedures;
  • where there has been no agency involvement and this gives safeguarding partners cause for concern;
  • where more than one local authority, police area, of CCG is involved, particularly where families have moved around;
  • when serious abuse takes place in an institution, or multiple abusers are involved, the same principles of review apply but reviews are likely to be more complex, on a larger scale, and may require more time. The scope of any local child practice review and the methodology needs to be carefully considered to explore the issues relevant to the specific case;
  • recommendation from the National Child Safeguarding Practice Review Panel to undertake a local review.

Any review commissioned should apply the principles of the SCP Learning Improvement Framework; and give regard to the local context, appreciating what works and why, what needs improving and be appropriately curious and challenging.

The methodology applied should provide a way of looking at and analysing frontline practice as well as organisational structures and learning. The methodology should be able to reach recommendations that will improve outcomes for children. All reviews should reflect the child’s perspective and the family context.

The review should aim to be completed with a published report within 6 months of agreeing to commission a review. This will be dependent on parallel processes, such as criminal proceedings, however sharing the learning from the review will not delayed by this.

The final report should include recommended improvements, and an analysis of any systemic or underlying reasons why actions were taken or not in respect of the matters covered by the report. Safeguarding partners have a responsibility to ensure learning from Child Safeguarding Practice Reviews is embedded.

8. Engagement of Parents / Carers

Children’s and family’s experience are at the heart of learning, inviting their contribution to reviews is important.

PSSCP supports the principle that parents and carers should be informed when a rapid review or safeguarding practice review is being undertaken. Due to the tight timescales of a rapid review completion (15 days) it is not considered timely or practical to contact the family during this period, except in exceptional circumstances. Each CRG should identify this as an action for the rapid review to determine when the family should be contacted, including when the decision not to carry out any further review is taken.

Parents / carers will be supported to understand how they are going to be involved and their expectations will be managed appropriately and sensitively. At the time of a serious incident families are likely to be in contact with multiple agencies and engaging in different processes; this will be particularly so in the case of a child death.

Each SCP CRG will be responsible for agreeing if, when and how parents/carers are to be contacted. Best practice is to arrange for someone working closely with the family to personally deliver and explain a notification letter, preferably with the person leading the review.  It is not good practice for a letter to be sent ‘cold’ to family members unless every reasonable attempt to arrange a face-to-face interview has been exhausted. In such situations the wording of the letter will be carefully considered.

If during the review third parties become known and are considered to offer an important perspective on the case (such as friends or key members of the network of the family), there will be consideration as to how best to invite them to participate in the review by meeting with the reviewer. The means of notifying them of the request should be the subject of careful consideration, informed by their circumstances.

The use of interpreters or translation services will be used where English is not the first language of the family members, including translation of written reports.

When there are pending criminal proceedings involving the parents, family members or other significant adults, the decision about how and when to notify the family will be discussed with a representative of the investigating police force.

9. Informing and Supporting Staff

Each agency involved with the case must identify which of their staff are involved and provide support, information and updates on any review being undertaken. This relates both to the impact of possible trauma but also in terms of any anxieties or worries about the review. Agencies should also be clear about the purpose of a review and clearly explain this to staff (e.g. not refer to it as an investigation).

Reviews will take a system wide view of what happened and within this, practitioners will be fully involved in reviews and invited to contribute their perspectives, this should be without fear of being blamed for actions they took.

Managers have a duty of care to employees and volunteers and should ensure that whether they are interviewed/attend a practitioner event or not in relation to a case where there is a review, staff involved are supported throughout the process. This might be by the provision of support from the employer or by giving advice about sources of independent support. In addition, or as an alternative, staff may also wish to consult their Trade Union or professional association about sources of support.  Managers should not prevent or discourage this.

Where practitioners are called as witness to a parallel process (e.g. coroner’s inquest, criminal trial) consideration of when and how to engage the practitioner should taken in consultation with police colleagues. Practitioners will be provided with clarity about what information can be shared for the review.

10. Undertaking Local Child Safeguarding Practice Reviews

The purpose of a local child safeguarding practice review is to identify any improvements that should be made locally to safeguard and promote the welfare of children (both collectively and individually). Learning must be at the heart of all reviews and should seek to prevent or reduce the risk of recurrence of similar incidents.

The SCP for the area in which the child is normally resident is usually the lead area for a review. Any other partnerships that have an interest or involvement in the case should be invited to be included as partners in jointly planning, undertaking the review and the recommendations for learning and improvement.

The SCP does not have the power to instruct other partnerships to carry out any action (and vice versa) but should ensure the responsibilities are clearly communicated to other partnerships. Where another partnership does not agree with an action or fails to carry it out the CRG should seek clarification of the reasons why and if necessary escalate the issue(s) to the three lead safeguarding partners.

In the case of looked after children, the Local Authority with statutory responsibility for looking after the child should take lead responsibility for conducting the review, again involving other partnerships with an interest or involvement.

Each SCP Partnership Business Team will be responsible for administrative support and co-ordination of reviews.

As highlighted previously each SCP CRG will have responsibility for commissioning and supervising the review including:

  • agreeing methodology and Terms of Reference;
  • selecting a reviewer;
  • agreeing organisations and nominations for each SPR review panel;
  • resolving any issues escalated by the SPR review panel;
  • supervising progress and timescale of the review (aiming for completion within 6 months of agreeing to commission);
  • quality assure the final review report;
  • submit final report to the area SCP Steering Group / Board.

10.1 Developing and reviewing the Action Plan

SCP CRG should carefully consider the Terms of Reference to ensure they provide a robust framework to meet the needs of the review and support the development of the key lines of enquiry.  Terms of Reference should also clearly indicate the expectations of the CRG regarding timeframe, quality, and the role of the Reviewer.

10.2 Notifying agencies

Once the SCP has decided to carry out a local child safeguarding practice review, a letter of notification will be sent to Statutory Safeguarding Leads and organisations involved in the review. Agencies should notify their respective regulators as required.

10.3 Engagement of agencies and organisations in the review

Each SCP CRG ensures that there is appropriate representation in the review process of professionals and organisations who were involved with the child and family. The priority will be to engage organisations in a way which will ensure that important factors in the case can be identified and appropriate action taken to make improvements.

Each SCP CRG will agree whether an LCSPR review panel should be established for each review. It is recommended that this should be done and that representatives can access their agency information, can make comment and recommendations on behalf of their agency and should not have been operationally involved with the case.

Rapid reviews and local child safeguarding practice reviews should involve local specialist domestic abuse services in every review where domestic abuse is mentioned, whether the domestic abuse is perceived to be current or historic

10.4 Notification and engagement of families and practitioners

Those directly impacted by the case should be given opportunity to engage in the review process, and communication with them should be done sensitively and through appropriate methods.

10.5 Selecting methodology

Any review commissioned as a result of a Rapid Review decision will be considered a Local Child Safeguarding Practice Review, this is regardless of the methodology it applies.

The methodology applied should enable further exploration of the key system and practice issues questions identified at rapid review and deepen learning identified by the rapid review. It should also enable the review to be proportionate, timely and support a final report that provides accessible learning.

10.6 Selecting a reviewer

The lead reviewer of an LCSPR will be responsible for facilitating enquiry, reviewing key information and documentation, and engaging with practitioners and families in the review. They should also ensure that professional curiosity and challenge is applied throughout each stage of the review.

PSSCP support utilisation of expertise from within the local partnership network to lead reviews (where capacity allows), and that in all cases the reviewer should:

  • have professional knowledge, understanding and practice relevant to local child safeguarding practice reviews, including the ability to engage both with practitioners and children and families;
  • knowledge and understanding of research relevant to children’s safeguarding issues;
  • ability to recognise the complex circumstances in which practitioners work together to safeguard children;
  • ability to understand practice from the viewpoint of the individuals, organisations or agencies involved at the time rather than using hindsight;
  • ability to communicate findings effectively;
  • whether the reviewer has any real or perceived conflict of interest.

11. LCSPR Report

The final report must be of good quality and include:

  • a summary of recommended improvements for the safeguarding partners or others to safeguard and promote the welfare of children;
  • an analysis of the systemic or underlying reasons why actions were taken or not taken in respect of matters covered by the report;
  • examples of good practice;
  • consideration of the lived experience/view of the family/child, including reflection on:
    • what was the child’s true lived experience and how can their voice be heard in the review?
    • how was the race, culture, faith, and ethnicity of the child and/or family considered by practitioners and did cultural consideration impact on practice?
    • how did any disability, physical or mental health issues, and any identity factors in the child and/or family impact on the child’s lived experience and on practice?
    • were any recognised risk factors present or absent and did they play a significant part in the child’s lived experience?

Final reports will also:

  • be written in plain English and in a way that can be easily understood by professionals and the public alike; and
  • be suitable for publication without needing to be amended or redacted.

Any recommendations which are made must be clear on what is required of relevant parties collectively and individually and focussed on improving outcomes for children.

The Statutory Safeguarding Leads for each SCP will approve the final report, along with review by the Independent Scrutineer/chair and Steering Group/Board. Once approved, CRG will:

  • make arrangements to provide feedback and debriefing to family members as appropriate;
  • make arrangements to provide feedback and debriefing to staff as appropriate;
  • make arrangements to provide a briefing to the media as appropriate;
  • draft a partnership response to the review;
  • disseminate the final report and response to relevant interested parties;
  • publish the final LCSPR report and response once the review has been completed and, if required, any relevant parallel proceedings concluded;
  • implement those actions for which the SCP has lead responsibility and monitor the timely implementation of the actions resulting from the review;
  • formally conclude the review process when all the actions have been implemented;
  • undertake a review of the action plan and consider a reflective learning event two years post plan sign off at Steering Group/Board.

12. Publication

Reviews are about promoting and sharing information about improvements, both within the area and potentially beyond, therefore SCPs must publish the final report, unless it is considered inappropriate to do so. In such a circumstance, the SCP must publish any information about the improvements that should be made following the review that they consider it appropriate to publish. The name of the reviewer(s) should be included. Published reports or information must be publicly available for at least one year. Where it is considered inappropriate to publish locally, the LCSPR should be published anonymously vis the NCPCC national repository.

Reports should be written in such a way that what is published avoids harming the welfare of any children or vulnerable adults involved in the case.

SCP Managers will be responsible for submitting a copy of the full report to the Panel and to the Secretary of State no later than seven working days before the date of publication. Where the safeguarding partners decide only to publish information relating to the improvements to be made following the review, they must also provide a copy of that information to the Panel and the Secretary of State within the same timescale. They should also provide the report, or information about improvements, to Ofsted within the same timescale.

If there are delays in the completion of reviews, the reasons for delay should be shared with the National Review Panel.

13. Parallel Processes

LCSPRs should not be delayed as a matter of course because of outstanding family, civil or administrative court cases or coroners’ proceedings.  The review will consult appropriately when there are any dual court processes, e.g. pending criminal, civil proceedings, and where necessary having obtained legal advice.

Where information shared within the review is requested or needs to be consider by any criminal, civil (incl. family court) or coroner’s proceedings, each SCP will obtain legal advice. Where appropriate, each SCP by arrangement will obtain legal advice through the Local Authority Legal Services.

Child Safeguarding Practice Review Panel guidance for safeguarding partners (gov.uk)

Protocol for Liaison and Information Exchange when criminal proceedings coincide with Child Safeguarding Practice Reviews in England | The Crown Prosecution Service (cps.gov.uk)

14. Local Child Safeguarding Practice Review (LSCPR) and a Domestic Abuse Related Death Review (DARDR) Interface

Where there are possible grounds for both a Local Child Safeguarding Practice Review (LSCPR) and a Domestic Abuse Related Death Review (DARDR) a decision should be made by the Chair of the DARDR and the Statutory Lead Safeguarding Partners as to how they will co-ordinate the reviews, engagement and reports. This may result in some parts being jointly commissioned and overseen or one body with the same or different reports being presented to each body.

The following should be considered when commissioning a joint LCSPR and DARDR including:

  • whether one or both reviews should be undertaken and how in each instance one review should incorporate elements from the other. This includes giving due consideration to the need to join up the learning and recommendations between processes;
  •  the importance of ensuring that Domestic Abuse expertise is present in a LCSPR where this is the only commissioned review.

15. Media

Any serious child safeguarding incident may attract media attention which each SCP should be alert to. Agency media relations teams should be aware of incidents and where needed prepare a response in case of enquiries.

Prior to publication of a LCSPR the SCP and all relevant partner agencies and organisations should anticipate the likely response from the media and plan in advance how to manage it constructively. A lead agency may take responsibility for de-briefing family members, or for responding to media interest about a case, in liaison with contributing agencies and professionals.

16. Learning

Learning to be shared and embedded in line with SCPs learning improvement frameworks, including:

  • publishing the reviews on the local SCP website and NSPCC repository;
  • producing learning briefings for rapid reviews (which do not result in an LCSPR) and for LCSPRs, which are published on the SCP website and disseminated widely. Briefings to include links to further guidance and training and ‘learning for practice’ questions to be used in team meetings and group supervision. Staff are encouraged to minute these discussions and share with their designated safeguarding leads;
  • holding regular ‘learning from safeguarding practice review’ events which staff from all agencies are invited to. As well as sharing learning from local LCSPRs, the events also should include learning from reviews nationally;
  • producing learning tools in a variety of formats, such as short presentations and podcasts, available on the SCP website;
  • encouraging agencies to share with the ESSCP how they disseminate the learning from LCSPRs in their organisations.

Reviews for each SCP are published:

17. National Reviews

National Child Safeguarding Practice Reviews examine issues that are complex or of national importance. On receipt of the information from the rapid review, the National Panel must decide whether it is appropriate to commission a national review of a case or cases. They must consider the following criteria and guidance:

  • highlights or may highlight improvements needed to safeguard and promote the welfare of children, including where those improvements have been previously identified;
  • raises or may raise issues requiring legislative change or changes to guidance issued under or further to any enactment;
  • highlights or may highlight recurrent themes in the safeguarding and promotion of the welfare of children.

18. Child Death Review Process

Child Death Review process covers children; a child is defined in the Children Act 1989 as a person under 18 years of age. A child death review must be carried out for all children regardless of the cause of death. This includes the death of any live-born baby where a death certificate has been issued. Strong links between the Safeguarding Children Partnerships and CDOP is maintained via attendance of Local Authority Heads of Safeguarding and Designated Doctor for Safeguarding Children at both review panels.

Joint Agency Response (JAR) criteria is set out in Working Together to Safeguard Children (page 151 – 152). A JAR is required if a child’s death:

  • is or could be due to external causes;
  • is sudden and there is no immediately apparent cause (including sudden unexpected death in infancy / childhood);
  • occurs in custody, or where the child was detained under the Mental Health Act;
  • occurs where the initial circumstances raise any suspicions that the death may not have been natural;
  • occurs in the case of a stillbirth where no healthcare professional was in attendance.

If the results of any JAR investigations or other child death review processes suggest evidence of abuse or neglect as a possible cause of death, a Serious Incident Notification (see above) should be made to the CRG.

Appendix A – Example Serious Incident Referral Form

Example Serious Incident Referral Form (opens as a pdf)

Serious Incident Referral Template – ESSCP (downloads in Word)

CRG- Serious Incident Referral Template. – WSSCP (downloads in Word)

Serious Incident Referral Template – BHSCP (downloads in Word)

Appendix B – Rapid Review Information Request Template

Brighton and Hove Safeguarding Children Partnership Rapid Review Information Request Template (downloads in Word)

East Sussex Safeguarding Children Partnership Rapid Review Information Request Template (downloads in Word)

West Sussex Safeguarding Children Partnership Rapid Review Information Request Template (downloads in Word)

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Please note this policy is under review following the publication of Working Together to Safeguard Children, 2023.

This policy is was last reviewed in April 2023.

Date of next review April 2025.

See also Sharing information with Family Members about Other Adults and the Risk they may Pose chapter. 

CONTENTS

1. Introduction

All organisations which have employees or volunteers working with children (people in positions of trust) should have clear and accessible policies and procedures, consistent with these Pan Sussex Child Protection and Safeguarding Procedures, which explain what should happen when allegations are made about the behaviour of a member of staff or volunteer. These should include the requirement to appoint a designated safeguarding lead to whom these allegations are reported. It is the responsibility of this designated safeguarding lead to report allegations to, and liaise with, the local authority designated officer (LADO) who has the responsibility to manage and have oversight of allegations against people who work with children (see Working Together to Safeguard Children, Department for Education).

Safeguarding Partnerships should have arrangements in place for monitoring and evaluating the effectiveness of the arrangements to manage allegations across the Partnership.

All references in this document to ‘members of staff’ and ’employment’ should be interpreted as meaning all paid or unpaid staff aged 16 or over (whether directly employed or through an agency / supply staff) and volunteers, including foster carers and prospective adopters. All references to ’employers’ should be taken to include any agency or organisation with responsibility for paid or unpaid staff and volunteers, including foster carers and prospective adopters. This chapter also applies to any person, who manages or facilitates access to an establishment where children are present.

The acronym LADO (Local Authority Designated Officer) is used throughout these procedures to refer to the specific role of the designated officer employed by the local authority to manage and have oversight of allegations across the children’s workforce. This term is used in order to distinguish between safeguarding leads in health and education who can also be referred to as ‘designated’ leads.

2. Scope

2.1 Definition

These procedures should be applied when there is an allegation that any person who works with children, in connection with their employment or voluntary activity, has:

  • behaved in a way that has harmed a child, or may have harmed a child;
  • possibly committed a criminal offence against or related to a child;
  • behaved towards a child or children in a way that indicates they may pose a risk of harm to children;
  • behaved or may have behaved in a way that indicates they may not be suitable to work with children.

Allegations can be made in relation to physical, emotional, sexual harm and / or neglect. For example:

  • physical assault / chastisement / restraint;
  • having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual. The Police, Crime, Sentencing and Courts Act 2022 has extended the definition within the Sexual Offences Act 2003 Section 22a to include anyone who coaches, teaches, trains, supervises or instructs a child under 18, on a regular basis, in a sport or a religion;
  • Grooming, i.e. meeting a child under 16 with intent to commit a relevant offence Sexual Offences Act 2003 Section 15;
  • other ‘grooming’ behaviour giving rise to concerns of a broader child protection nature such as inappropriate text / e-mail messages or images, gifts, socialising;
  • possession of indecent images of children (IIOC) / pseudo-photographs of children.

In addition, these procedures should be applied when there is an allegation that any person who works with children:

  • has behaved in a way in their personal life that raises safeguarding concerns. These concerns do not have to directly relate to a child but could, for example, include arrest for domestic abuse;
  • who is a parent or carer, and whose child/ren have become subject to child protection procedures;
  • is closely associated with someone in their personal lives (e.g. partner, member of the family or other household member) who may present a risk of harm to child/ren, for example, childminder or foster carer.

Finally, these procedures should be followed where a person’s employment is covered by the Childcare Act 2006 and is living in the same household where another person who is disqualified lives or is employed – a person is disqualified if they are ‘found to have committed’ an offence.

Disqualification under the Childcare Act 2006 (Department for Education) – Disqualification by association is only relevant where childcare is provided in domestic settings (for example where childminding is provided in the home) or under registration on domestic premises, including where an assistant works on non-domestic premises up to 50% of the time under a domestic registration.

It is also important to note that, whilst not specifically covered by statutory guidance, the risks associated with the wider family and close associates of the member of staff may also need to be considered even if their work with children does not fall within the remit of the statutory guidance.

These procedures should be followed where allegations are made against a 16- or 17-year-old who has been put in a position of trust by an organisation in relation to anyone under the age of 18. For example, where they might be involved in coaching a sport or in other school or out of school activities.

The procedures for dealing with allegations need to be applied with common sense and judgement. Many cases may well either not meet the criteria set out above or may do so without warranting consideration of either a police investigation or enquiries by local authority children’s social care services. A decision about whether a case satisfies the criteria or warrants consideration of a police investigation or local authority enquiries should only be taken in consultation with the LADO. In these cases, employers should follow their safeguarding and other relevant procedures to resolve cases without delay.

Concerns may also be raised where a person in a position of trust behaves in a manner that would satisfy the LADO threshold criteria but the subject of their behaviour is over the age of 18 (e.g. a teacher engaged in a sexual relationship with an 18 year old student in year 13). If there are grounds to believe that the behaviours commenced prior to the subject becoming 18 and / or that the adult had “groomed” the subject prior to their 18th birthday, then these procedures should be followed. If there are no grounds to believe that these behaviours commenced prior to the subject becoming 18, then consideration should be given as to whether the person in a position of trust has breached their agency’s code of conduct, behaviour policies, safeguarding policies or personal relationships policy. The West Sussex, East Sussex and Brighton & Hove Safeguarding Children Partnerships encourage partner agencies to ensure that they adopt a code of conduct and / or other polices which clearly includes references to behaviours / relationships between people in a position of trust and those for whom they are responsible that are over the age of 18.

3. The Difference between an Allegation and a Concern

It might not be clear whether an incident constitutes an ‘allegation’. It is important to remember that to be an allegation the alleged incident has to be sufficiently serious as to suggest that harm has or may have been caused harm to a child/ren or that the alleged behaviour indicates the individual may pose a risk of harm to children (or otherwise meet the criteria above). Issues that do not meet this threshold may constitute conduct or disciplinary issues and should be addressed by employers using the appropriate organisational procedures.

If it is difficult to determine the level of risk associated with an incident the following should be considered:

  • Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
  • Where the incident involved an inappropriate response to challenging behaviour, had the member of staff had training in managing this?
  • Does the member of staff understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
  • Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the employer?
  • Have similar allegations been made against the employee – is there a pattern developing?

Incidents which fall short of the threshold could include an accusation that is made second or third hand and the facts are not clear, or the member of staff alleged to have done this was not there at the time; or there is confusion about the account.

Whether an incident constitutes an allegation and hence needs to be dealt with through these procedures, should always be discussed by the LADO and the employer’s safeguarding lead. If it falls short of this threshold there may still be a role for the LADO to provide advice and support to the employer. Where the matter constitutes a conduct or performance issue, the employer should follow the appropriate disciplinary procedures.

The evaluation of low level concerns can be undertaken in consultation with the LADO. The consultation process allows for concerns to be evaluated objectively and to ascertain whether or not similar concerns may have been raised by a previous employer but not met the threshold for investigation.

Where the LADO is consulted on matters which do not reach the threshold of an allegation, such consultations should be recorded with details of the organisation and where appropriate, details of the individual. Where an individual’s details are identified and recorded the employer should advise the adult that the LADO was consulted.

The LADO should ensure that all records are clear, descriptive, and thorough, and record risk analysis at all stages of the intervention. All meetings and discussions should be appropriately recorded and circulated to participants in a timely manner.

4. Organised Abuse

Investigators should be alert to signs of organised or widespread abuse and/or the involvement of other perpetrators or institutions.  They should consider whether the matter should be dealt with in accordance with complex abuse procedures which, if applicable, will take priority. See Complex (Organised and Multiple) Abuse chapter.

5. Non-Recent Abuse

Allegations of non-recent abuse should be responded to and reported in the same way as contemporary allegations. In cases of non-recent abuse, the person against whom the allegation is made may still be working with children and it will be important to investigate whether this is the case.

6. Relevant Statutory Guidance

Working Together to Safeguard Children (Department for Education)

Keeping Children Safe in Education (Department for Education)

Use of Reasonable Force in Schools (Department for Education)

Disqualification under the Childcare Act 2006 (Department for Education)

Making Barring Referrals to the DBS (Disclosure and Barring Service)

7. Procedures in Specific Organisations

It is recognised that many organisations will have their own procedures in place, some of which may need to take into account particular regulations and guidance, e.g. schools, registered child care providers, foster carers, etc.

Where organisations do have specific procedures, they should be compatible with these procedures and additionally provide the contact details for:

  • the Designated Senior Manager to whom all allegations should be reported;
  • the person to whom all allegations should be reported in the absence of the Designated Senior Manager or where that person is the subject of the allegation;
  • the Local Authority Designated Officer (LADO).

For guidance regarding the legal duty to refer and power, see DBS Barring Referral Guidance (Disclosure and Barring Service)

8. Roles and Responsibilities

8.1 Roles and responsibilities for all organisations

Working Together to Safeguard Children requires that County level and unitary local authorities ensure that allegations against people who work with children are not dealt with in isolation. Any action necessary to address corresponding welfare concerns in relation to the child or children involved should be taken without delay and in a coordinated manner.

Local authorities should have a designated officer, or team of officers (either as part of multi-agency arrangements or otherwise), to be involved in the management and oversight of allegations against people that work with children. The designated officer, or team of officers, should be sufficiently qualified and experienced to be able to fulfil this role effectively, for example qualified social workers. Any new appointments to such a role, other than current or former designated officers moving between local authorities, should be qualified social workers. Arrangements should be put in place to ensure that any allegations about those who work with children are passed to the designated officer, or team of officers, without delay.

Local authorities should put in place arrangements to provide advice and guidance to employers and voluntary organisations and agencies on how to deal with allegations against people who work with children to employers and voluntary organisations. Local authorities should also ensure that there are appropriate arrangements in place to effectively liaise with the police and other agencies to monitor the progress of cases and ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process.

Each organisation providing a service to children and families must have its own policy on how it manages child safeguarding concerns so that staff, children and families know how to identify and report abuse and neglect. The policies should be consistent with and refer to these Pan Sussex Child Protection and Safeguarding Procedures. Safeguarding training for staff should be provided and refreshed regularly and children and families should be regularly reminded of how they can report concerns.

Where services for children and families are being commissioned, commissioners should ensure that contracts include these requirements.

Each organisation should identify a named senior manager with overall responsibility for:

  • ensuring that the organisation deals with allegations in accordance with these Pan Sussex Child Protection and Safeguarding;
  • resolving any inter-agency issues;
  • making statutory notifications to professional bodies and the Disclosure and Barring Service (DBS);
  • liaising with the local safeguarding partnership.

Organisations should also appoint:

  • a designated safeguarding lead to whom allegations or concerns should be reported. This person should be a senior manager. They should:
    • seek advice from the LADO regarding incidents where it is unclear whether it is an allegation or a concern;
    • report all allegations of harm to the LADO within one working day
  • a deputy to whom reports should be made in the absence of the designated safeguarding lead or where that person is the subject of the allegation or concern.

In practice the named senior manager and the designated safeguarding lead may be the same person.

9. Whistleblowing

All staff should be made aware of the organisation’s whistleblowing policy and feel confident to voice concerns about the attitude or actions of colleagues.

If a member of staff believes that a reported allegation or concern is not being dealt with appropriately by their organisation, they should report the matter to their LADO. See also local safeguarding partnership procedure.

10. Roles and Responsibilities for Local Authorities in addition to their Role as an Employer

Local authorities should assign a LADO, or a team of LADOs, to:

  • receive reports about allegations and to be involved in the management and oversight of individual cases;
  • provide advice and guidance to employers and voluntary organisations;
  • liaise with the police and other agencies;
  • monitor the progress of cases to ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process;
  • provide advice and guidance to employers in relation to making referrals to the Disclosure and Barring Service (DBS) and regulatory bodies such as Ofsted, the General Medical Council (GMC) etc.

It is very important that those giving advice have expertise in this area, as any errors in the advice could have serious ramifications, both for those individuals who have had allegations made against them and for those making the allegation.

It is important to be aware that LADOs do not carry out investigations into allegations – responsibility for the investigation remains with the employer (or whoever is commissioned by the employer to investigate the process) and/or the police. The LADO can provide advice and, where necessary, co-ordinate the process. Where it is not straightforward to establish which organisation should lead an investigation, for example, where responsibility may be shared between an employment agency and the organisation where the person was working, the LADO will also provide advice regarding which organisation is best placed to lead the investigation.

11. Cases which Cross Local Authority Boundaries

Cases will often be relevant to more than one Local Authority. For example, an allegation could be made against an agency worker who works across multiple authorities and whose agency is based in a further authority. Decisions about which LADO should take the lead are complex and should consider the following:

  • which agency holds the greatest risk? For example, if an agency worker has only worked one day in the school where the allegation has taken place and won’t be returning, it might be that the employment agency holds the most risk;
  • where is organisational learning required? For example, an agency worker may have only worked in a school for a day, but if the school did not follow good practice with the worker and this contributed to the incident, the greatest learning might be with the school.

12. Roles and Responsibilities for Sussex Police

The Multi Agency Safeguarding Hub Detective Chief Inspector will:

  • have strategic oversight of LADO process and protocols;
  • sct as point of escalation to resolve professional dispute;
  • liaise with the Safeguarding Partnership
  • in consultation with the LADO, undertake review of the progression of cases

The Investigating Officer will:

  • have oversight of the police investigation against the person subject to the allegation;
  • liaise with the Local Authority Designated Officer;
  • engage in any meetings or professional discussions regarding the allegation;
  • ensure information is shared as appropriate, during and on completion of an investigation, including any details of disposal decision;
  • engage in the review process for the purposes of ongoing safeguarding.

13. Responding to an Allegation or Concern – the Role of the Employer

An allegation or concern raised about a member of staff or volunteer may arise from a number of sources, for example, a report from a child, a concern raised by another adult in the organisation, or a complaint by a parent. It may also arise in the context of the member of staff and their life outside work or at home.

14. Initial Action by Person Receiving or Identifying an Allegation or Concern

The person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind. They should not:

  • investigate or ask leading questions;
  • make assumptions or offer alternative explanations;
  • promise confidentiality.

They should follow their organisation’s procedures, which should include the following:

  • making a written record of the information (where possible in the child / adult’s own words), including the time, date and place of incident/s, persons present and what was said;
  • signing and dating the written record;
  • immediately reporting the matter to the designated safeguarding lead, or the deputy in their absence or; where the designated safeguarding lead is the subject of the allegation report to the deputy or other appropriate senior manager

If the child is believed to have suffered or be at risk of suffering significant harm, the employer should make a referral to Children’s Social Care in the area in which the child resides. Children’s Social Care will make a decision regarding whether the concern reaches threshold for a Strategy meeting to be convened.

Some, very serious allegations, should be immediately reported to the police – this will also enable prompt action to be taken to safeguard the child and gather evidence e.g. from mobile phones etc.

Please also see Making a Referral chapter.

15. Initial Action by the Designated Safeguarding Lead (if different)

When informed of a concern or allegation, the designated safeguarding lead should not investigate the matter but they should continue to gather factual information in regards to the incident and ensure any evidence is preserved. This fact-finding should be a neutral process and should not amount to an investigation of the incident.

They should:

  • obtain written details of the concern / allegation, signed and dated by the person receiving it (not the child / adult making the allegation);
  • approve and date the written details;
  • record any information about times, dates and location of incident/s and names of any potential witnesses;
  • record discussions about the child and/or member of staff, any decisions made, and the reasons for those decisions.

The designated safeguarding lead must inform their LADO within one working day when an allegation is made and prior to any further investigation taking place. A failure to report an allegation in accordance with procedures is a potential disciplinary matter.

If it is outside of normal working hours and there is an immediate risk to a child, the local authority emergency duty team for children’s social care. The LADO should be informed as soon as possible.

It is important to note that information gathering is distinct from investigation. Employers should continue to gather information about the facts of the case, for example, checking if there is any evidence and taking statements from other witnesses

An immediate risk assessment should be carried out.

If appropriate the police should also be notified within one working day – or immediately if necessary.

16. Deciding if it is an Allegation of Harm or a Concern

The threshold decision about whether the issue should be dealt with as an allegation or a concern will be made by the LADO in line with the threshold criteria above.

17. Managing Interim Risk

In all situations the perceived level of risk during the investigation needs to be considered and managed.

In certain situations the level may require the member of staff not to be working with specific children or young people or all children and young people until the investigation is completed.

If this is the case then various options are open to the employer including:

  • redeployment so not to come into contact with one or more children;
  • refraining (agreeing that the person will not work with children during the investigation); or
  • suspension.

Refraining or suspension should not be automatic or considered as a default option. They should be considered in any case where:

  • there is cause to suspect a child is at risk of Significant Harm;
  • the allegation warrants investigation by the police; or
  • the allegation is so serious that it might be grounds for dismissal.
  • if suspension is deemed appropriate, the reasons and justification should be recorded and the individual notified of the reasons.

The LADO will be invited to attend a Strategy meeting chaired by Children’s Social Care in order to gain relevant information regarding an allegation and canvass professionals’ views on refraining/suspension and inform the employer. Only the employer, however, has the power to refrain/suspend an accused employee and they cannot be required to do so by a local authority or the police.

At the conclusion of the Strategy meeting, the LADO may continue discussions with the relevant professionals. In order to respect the confidentiality of the allegation management element, only those professionals relevant to the person of concern and the agency will remain in the meeting.

The possible risks to children should be evaluated in terms of the child(ren) involved in the incident. Additionally, consideration must be given to the risks of any children related to, living with or in contact with through other work or community life, to the accused member of staff.

If the child also lives with the member of staff, for example in situations such as foster care or boarding school, then the welfare of the child should be considered paramount and the risk managed in a way which ensures the minimum of disruption, and encourages placement stability, but maximises the protection of the child/ren.

18. Schools and Colleges: Supply Teachers

In some circumstances schools and colleges will have to consider an allegation against an individual not directly employed by them, where its disciplinary procedures do not fully apply, for example, supply teachers provided by an employment agency or business.

Whilst schools and colleges are not the employer of supply teachers, they should ensure allegations are dealt with properly. In no circumstances should a school or college decide to cease to use a supply teacher due to safeguarding concerns, without finding out the facts and liaising with the LADO to determine a suitable outcome. Governing bodies and proprietors should discuss with the agency whether it is appropriate to suspend the supply teacher, or redeploy them to another part of the school, whilst they carry out their investigation.

Agencies should be fully involved and co-operate in any enquiries from the LADO, police and/or children’s social services. The school or college will usually take the lead because agencies do not have direct access to children or other school staff, so they will not be able to collect the facts when an allegation is made, nor do they have all the relevant information required by the LADO as part of the referral process. Supply teachers, whilst not employed by the school or college, are under the supervision, direction and control of the governing body or proprietor when working in the school or college. They should be advised to contact their trade union representative if they have one, or a colleague for support. The allegations management meeting which is often arranged by the LADO should address issues such as information sharing, to ensure that any previous concerns or allegations known to the agency are taken into account by the school during the investigation.

When using an agency, schools and colleges should inform the agency of its process for managing allegations. This should include inviting the agency’s human resource manager or equivalent to meetings and keeping them up to date with information about its policies

19. Schools and Colleges: Interim Prohibition Orders

In cases where a school or college is made aware that the Secretary of State has made an Interim Prohibition Order in respect of an individual at the school or college, it will be necessary to immediately suspend that person from teaching pending the findings of the Department for Education and Teaching Regulation Agency. The TRA explains that an interim prohibition order prevents a person from teaching until their case has been fully considered and concluded.

20. Managerless Organisations – Personal Assistants / Self-Employed Individuals

LADO’s often receive referrals from professionals or families where there are concerns about a person who provides a service working with children but where they do not work for a specific organization.

These might relate to individuals who are not contractually linked to a line management structure or HR arrangements.

Examples of managerless organisations may include, individuals ’employed’ by the family as part of a ‘direct payment’ agreement, personal assistants, providers of private tuition in the home, people who have set up their own businesses to provide a service such as sports or music coaches or self-employed nannies that are not on the Voluntary Child Care Register.

There is good practice guidance to refer to in such instances Good Practice Guide: Managerless Organisations (opens as a pdf).

21. Role of the LADO

The LADO will triage all reported concerns to decide if the threshold for allegations management has been met, or if it is a low level concern. In cases where it is not clear whether the threshold has been met, it might be necessary to have further discussion with other agencies and gather further information.

It is essential to keep the employer who raised the concern informed whilst the concern is being triaged. Organisations raising concerns may want to challenge or discuss decisions made by the LADO and will need to be updated on any action taken.

Consideration should be given to the risk or potential risk to both the child / children directly affected by the issue and any other children who may also be at risk.

Where it is decided that the incident does not meet the threshold for allegations management and is a concern only, then the employer should take steps to ensure any conduct or behaviour issues are addressed with the member of staff through normal employment practices.

There are up to three strands in the consideration of an allegation:

  • a police investigation of a possible criminal offence;
  • local authority Children’s social care enquiries and / or assessment about whether a child is in need of protection or services;
  • consideration by an employer of disciplinary action in relation to possible performance/ conduct issues;

22. An ‘Allegations against Staff and Volunteers’ (ASV) meeting.

Where the child is deemed to be at risk of significant harm, a Strategy meeting should be convened and chaired by Children’s Social Care. This meeting will determine whether a S47 is needed. The LADO should attend this meeting to give advice and identify and actions relating to the allegations management process. An ASV can be held concurrently with the Strategy meeting if needed, or a separate ASV convened if this is more suitable.

An ASV meeting will decide the next steps for managing the allegation. The ASV, chaired by the LADO, will include relevant personnel from Children’s Social Care, Police, the employer/s and governing or regulatory bodies. The employer is advised to bring a human resources advisor.

An ASV meeting will normally only be convened when it has been decided that the threshold for allegations management has been met. Meetings should not be used to further investigate concerns about inappropriate behaviour or conduct where there are not clear indications of harm /risk of harm to a child.

The ASV meeting should:

  • consider the current allegation in the context of any previous allegations or concerns;
  • where appropriate, take account of any entitlement by staff to use reasonable force to control or restrain children;
  • decide whether there should be a police investigation;
  • consider whether any parallel disciplinary process / internal investigation can commence and agree protocols for sharing information;
  • consider whether a complex abuse investigation is applicable;
  • plan enquiries if needed, allocate tasks and set timescales;
  • decide what information can be shared, with whom and when.

The ASV meeting should also:

  • ensure that arrangements are made to protect the child/ren involved and any other child/ren affected, including taking emergency action where needed;
  • consider what support should be provided to all children who may be affected;
  • consider what support should be provided to the member of staff and others who may be affected and how they will be kept up to date with the progress of the investigation;
  • ensure that investigations are sufficiently independent;
  • make recommendations where appropriate regarding suspension, or alternatives to suspension;
  • identify a lead contact manager within each agency;
  • agree protocols for reviewing investigations and monitoring progress by the LADO;
  • consider issues for the attention of senior management (e.g. media interest, resource implications);
  • consider reports for consideration of DBS referral;
  • consider risk assessments to inform the employer’s safeguarding arrangements;
  • agree dates for future meetings / discussions.

A final meeting should be held to ensure that all tasks have been completed, including any referrals to the DBS if appropriate, and, where appropriate, agree an action plan for future practice based on lessons learnt.

If an allegation arises about a member of staff, outside of their work with children, and this may present a risk of harm/risk of harm to child/ren for whom the member of staff is responsible through their employment/volunteering, a meeting / discussion should be convened to decide whether the concern justifies:

  • approaching the member of staff’s employer for further information, in order to assess the level of risk of harm; and / or
  • inviting the employer to a further meeting / discussion about dealing with the possible risk of harm.

If the member of staff lives in a different authority area to that which covers their workplace, liaison should take place between the relevant agencies in both areas and a joint meeting / discussion convened.

In some cases, an allegation of abuse against someone closely associated with a member of staff (e.g. partner, member of the family or other household member) may present a risk of harm to child/ren for whom the member of staff is responsible through their employment/volunteering. In these circumstances, a meeting / discussion should be convened to consider:

  • the ability and / or willingness of the member of staff to adequately protect the child/ren;
  • whether measures need to be put in place to ensure their protection;
  • whether the role of the member of staff is compromised.

23. Suggested Timescales

It is important to recognise that the right outcome is far more important than meeting these timescales. The following principles should be used at all times:

  • minimising delay;
  • providing full written information;
  • being open;
  • ensuring access to independent support.

If further investigation is needed to decide upon disciplinary action, the employer and the LADO should discuss whether the employer has appropriate resources or whether the employer should commission an independent investigation because of the nature and/or complexity of the case and in order to ensure objectivity.

The aim of an investigation is to obtain, as far as possible, a fair, balanced and accurate record in order to consider the appropriateness of disciplinary action and/or the individual’s suitability to work with children.

At any stage, new information emerges that requires a child protection referral, the investigation should be paused and only resumed if agreed with Children’s Social Care and the Police. Consideration should again be given as to whether suspension is appropriate in light of the new information.

The LADO should monitor and record the progress of each case monthly depending on its complexity.  This could be by way of ASV meetings or direct liaison with the police, local authority children’s social care, or employer, as appropriate.

The LADO should keep comprehensive records in order to ensure that each case is being dealt with expeditiously and that there are no undue delays.

If a police investigation is to be conducted, the police should set a date for reviewing its progress and consulting the Crown Prosecution Service (CPS) about continuing or closing the investigation or charging the individual. Wherever possible, this should be no later than four weeks after the ASV meeting.  Dates for further reviews should also be agreed monthly depending on the complexity of the investigation.

24. Outcomes Following an Investigation

The following definitions should be used by employers when determining the outcome of allegation investigations:

  • substantiated – a substantiated allegation is one which is supported or established by evidence or proof;
  • unsubstantiated – an unsubstantiated allegation is not the same as a false allegation. It simply means that there is insufficient identifiable evidence to prove or disprove the allegation. The term, therefore, does not imply guilt or innocence;
  • unfounded – there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively, they may not have been aware of all the circumstances;
  • false – there is sufficient evidence to disprove the allegation;
  • malicious – there is clear evidence to prove there has been a deliberate act to deceive and the allegation is entirely false.

False allegations may be an indicator of abuse elsewhere which requires further exploration.  If an allegation is demonstrably false, the employer, in consultation with the LADO, should refer the matter to local authority children’s social care to determine whether the child is in need of services, or might have been abused by someone else

The outcome decision is made by the employer, although the views of others involved will be canvassed. The LADO will record the employer’s decision. The LADO will also record any difference of opinion.

Where the allegation is Substantiated, the outcome should be made clear when providing references to prospective employers. This is particularly important where the person moves into another position involving working with children.

Only cases in which an allegation was proven to be Substantiated should be included in employer references.

25. Record Keeping in Relation to the Outcome of an Investigation

It is important that a clear and comprehensive summary of the allegation, details of how the allegation was followed up and resolved, and a note of any action taken and decisions reached, is kept on the confidential personnel file of the accused, and a copy provided to the person concerned. The purpose of the record is to enable accurate information to be given in response to any future request for a reference, where appropriate. It will provide clarification in cases where future DBS checks reveal information from the police about an allegation that did not result in a criminal conviction and it will help to prevent unnecessary re-investigation if, as sometimes happens, an allegation re-surfaces after a period of time.

The record should be retained at least until the accused has reached normal pension age or for a period of 10 years from the date of the allegation if that is longer. The Information Commissioner has published guidance on employment records in its Employment Practices Code and supplementary guidance, which provides some practical advice on record retention.

26. Substantiated Allegations

26.1 Referral to the Disclosure and Barring Service (DBS)

The Disclosure and Barring Service was established under the Protection of Freedoms Act 2012 which merged the functions previously carried out by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). See Chapter 5 Safeguarding vulnerable groups, criminal records etc. Protection of Freedoms Act 2012.

“There is a legal requirement for Regulated activity providers (employers or volunteer managers of people working in regulated activity in England, Wales and Northern Ireland) and personnel suppliers to refer to the DBS where certain conditions are met. This applies even when a referral has also been made to a local authority safeguarding team or professional regulator.” An employer or volunteer manager is breaking the law if they knowingly employ someone in a regulated activity with a group from which they are barred from working

If an allegation is substantiated then the guidance regarding making a referral should be followed – see Disclosure and Barring Service. The DBS will require information to support a barring referral and the DBS uses the civil burden of proof, on the balance of possibilities. A referral to DBS should be made simultaneously to a report to the Teaching Regulation Agency and any other regulatory body, particularly where the legal duty to refer has been met.

27. Legal Duty to Refer and Power to Refer

The following groups have legal duty to make a barring referral to the DBS:

  • ‘regulated activity suppliers’ – employers or volunteer managers of people working in regulated activity in England, Wales or Northern Ireland.
  • ‘personnel suppliers’ – employment agencies, employment business or an educational institution that makes arrangements with a personal with a view to supplying that person to employers to undertake regulated activity.  See DBS Barring Referral Guidance (DBS)

27.1 Power to refer

Under legislation the following can make referrals to the DBS:

  • local authorities;
  • education authority in Northern Ireland;
  • health and social care bodies in Northern Ireland;
  • keepers of register in England, Wales or Northern Ireland;
  • supervisory authorities in England, Wales or Northern Ireland, and the power to refer happens when an organisation is not acting as a regulated activity provider. This will usually be when the organisation is undertaking their safeguarding role.

DBS are required by law to consider any and all information sent to us from any source. This includes information sent to us where the legal referral conditions are not met.

A referral to the DBS should be made simultaneously to a report to the Teaching Regulation Agency and any other regulatory body, particularly where the legal duty to refer has been met.

From a DBS perspective it is not necessary to determine whether your referral is due to the legal duty to refer or power to refer. What is important is that organisations understand when they have a legal duty to make a barring referral to the DBS and that they act on this.

The DBS Regional Outreach service focuses on working with organisations of all sizes and sectors from across the UK, providing dedicated support in relation to DBS products and services. The aim of the work is to identify how the DBS can collaborate and share key messages among the safeguarding community, working towards the DBS vision of making recruitment safer.

28. Notifying Ofsted

Ofsted should be informed by the setting / employer of all allegations or concerns made against a:

  • foster carer;
  • prospective adopter;
  • member of staff in a residential childcare facility;
  • member of staff in any day care establishment for children under eight;
  • registered childminder.

29. Disciplinary or Suitability Process and Investigations

The LADO and the employer should discuss whether disciplinary action is appropriate where:

  • it is clear at the outset or decided by a meeting / discussion that a police investigation or local authority children’s social care enquiry is not necessary; or
  • the employer or the LADO is informed by the police or the Crown Prosecution Service that a criminal investigation and any subsequent trial is complete, or that an investigation is to be closed without charge, or a prosecution discontinued.

The discussion should consider any potential misconduct or gross misconduct on the part of the member of staff, and take into account:

  • information provided by the police and / or local authority children’s social care;
  • the result of any investigation or trial;
  • the different standard of proof in disciplinary and criminal proceedings.

In the case of agency, supply, contract and volunteer workers, normal disciplinary procedures may not apply. In these circumstances, the LADO and employer should act jointly with the providing agency, if any, in deciding whether to continue to use the person’s services, or provide future work with children, and if not, whether to make a report for consideration of barring or other action.

If a disciplinary hearing is required, and further investigation is not required, it should be held within the time frame laid out in the employer’s procedures.

If a disciplinary hearing is required, and further investigation is not required, it should be held within the time frame laid out in the employer’s procedures.

If formal disciplinary action is not required, the employer should meet the employee, discuss fully the outcome of the allegation and ensure they are reintegrated into the work environment.

30. Further Investigations

If further investigation is needed to decide upon disciplinary action, the designated safeguarding lead and the LADO should discuss whether the employer has appropriate resources or whether the employer should commission an independent investigation because of the nature and/or complexity of the case and to ensure objectivity. The investigation should not be conducted by a relative or friend of the member of staff.

The aim of an investigation is to obtain, as far as possible, a fair, balanced and accurate record to consider the appropriateness of disciplinary action and / or the risk of harm to children. Its purpose is not to prove or disprove the allegation.

If, at any stage, new information emerges that requires a child protection referral, the investigation should be held in abeyance and only resumed if agreed with local authority children’s social care and the police. Consideration should again be given as to whether suspension is appropriate in light of the new information.

The investigating officer should aim to provide a report within ten working days.

On receipt of the report the employer should follow their disciplinary procedures.

Wherever possible, Police and Children’s Social Care should, during the course of their investigations and enquiries, obtain consent to provide the employer and/or regulatory body with statements a summary of the evidence for disciplinary purposes

31. Resignations and ‘Compromise Agreements’

Every effort should be made to reach a conclusion in all cases even if:

  • the individual refuses to cooperate, having been given a full opportunity to answer the allegation and make representations;
  • it may not be possible to apply any disciplinary sanctions if a person’s period of notice expires before the process is complete.
  • the individual leaves, resigns or ceases to provide their services.

It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any in which the person concerned refuses to cooperate

‘Settlement agreements’ (sometimes referred to as compromise agreements), by which a person agrees to resign if the employer agrees not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference, should not be used in cases of refusal to cooperate or resignation before the person’s notice period expires. A settlement/compromise agreement which prevents the employer from making a DBS referral when the criteria are met for so doing would likely result in a criminal offence being committed for failure to comply with the duty to refer. Nor should they be used as a way of concluding any disciplinary investigation where there is a substantiated outcome. Such an agreement will not prevent a thorough police investigation where that is appropriate.

The organisation must make a referral to the Disclosure and Barring Service to consider whether to add the individual to the barred list. This applies irrespective of whether a referral has been made to local authority children’s social care and/or the designated officer or team of officers. It is an offence to fail to make a referral without good reason. See GOV.UK, DBS referral guidance and tools.

32. Learning Lessons

The employer and the LADO should review the circumstances of the case to determine whether there are any improvements to be made to the organisation’s procedures or practice.

33. General Responsibilities when Investigating an Allegation

33.1 Support to the child and family involved

The organisation, together with local authority children’s social care and / or police, where they are involved, should consider the impact on the child concerned and provide support as appropriate. Liaison between the agencies should take place in order to ensure that the child’s needs are addressed.

33.2 Keeping parents / carers and children informed

The employer must inform the parents/carers of the child/ren involved of the allegation and the process that is being followed unless this will impede the disciplinary or investigative processes. The LADO can advise the employer whether or not the parents/carers should be informed. However, in some circumstances, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment).

The parents/carers and the child, if sufficiently mature, should be helped to understand the processes involved and be kept informed about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing.

There may be exceptional circumstances where it would not be appropriate for the employer to inform the parents/carers, or the individual subject to the allegation is self-employed; in these circumstances there should be a discussion with the LADO about who is the most suitable person to do this.

33.3 Responsibilities to the person subject to the allegation

As soon as possible after an allegation has been received, the accused member of staff should be advised to contact their union or professional association. Human resources should be consulted at the earliest opportunity in order that appropriate support can be provided via the organisation’s occupational health or employee welfare arrangements.

Subject to restrictions on the information that can be shared, the employer should, as soon as possible, inform the accused person about the nature of the allegation, how enquiries will be conducted and the possible outcome (e.g. disciplinary action, and dismissal or referral to the DBS or regulatory body).

The accused member of staff should:

  • be treated fairly and honestly and helped to understand the concerns expressed and processes involved;
  • be kept informed of the progress and outcome of any investigation and the implications for any disciplinary or related process;
  • if suspended, be kept up to date about events in the workplace.

The employer may need to seek advice from their LADO, the police and / or local authority children’s social care about how much information should be disclosed to the accused person. However, providing information to the accused person throughout the process of dealing with the concern or allegation is an essential part of the common law duty to act fairly. The person that is alleged to be responsible for abuse and/or neglect should be provided with sufficient information to enable them to understand what it is that they are alleged to have done or threatened to do that is wrong and to allow their view to be heard and considered. This also needs to be seen in the wider context of prevention, for example, information can be used to support people to change or modify their behaviour. Feedback should be provided in a way that will not exacerbate the situation or breach the Data Protection Act 2018 or UK General Data Protection Regulations.

Consideration should be given to withholding information in the following circumstances:

  • whether it is safe to disclose – this applies both to any child/ren and any witnesses particularly where there is domestic abuse;
  • if the matter is subject to police involvement, the police should always be consulted so criminal investigations are not compromised.

The Local Government Ombudsman and the Parliamentary and Health Ombudsman can provide advice and the Information Commissioner provides advice on sharing information.

34. Confidentiality

Every effort should be made to maintain confidentiality and guard against publicity while an allegation is being investigated or considered. Apart from keeping the child, parents and accused person (where this would not place the child at further risk) up to date with progress of the case, information should be restricted to those who have a need to know in order to protect children, facilitate enquiries and manage related disciplinary or suitability processes.

The police should not provide identifying information to the press or media, unless and until a person is charged, except in exceptional circumstances (e.g. an appeal to trace a suspect).  In such cases, the reasons should be documented, and partner agencies consulted beforehand.

35. Reporting Restrictions regarding Allegations against Teachers

Parents and carers should also be made aware of the requirement to maintain confidentiality about any allegations made against teachers whilst investigations are ongoing as set out in Section 13 of the Education Act 2011. If parents or carers wish to apply to the court to have reporting restrictions removed, they should be advised to seek legal advice.

The restrictions remain in place unless or until the teacher is charged with a criminal offence, though they may be dispensed with on the application to the Magistrates’ Court by any person, if the court is satisfied that it is in the interests of justice to do so, having regard to the welfare of:

  1. the person who is the subject of the allegation; and
  2. the victim of the offence to which the allegation relates.

There is a right of appeal to the Crown Court.

This restriction will apply to allegations made against any teacher who works at a school, including supply and peripatetic teachers. ‘School’ includes academies, Free Schools, independent schools and all types of maintained schools.

The reporting restrictions also cease to apply if the individual to whom the restrictions apply effectively waives their right to anonymity by going public themselves or by giving their written consent for another to do so or if a judge lifts restrictions in response to a request to do so.

The legislation imposing restrictions makes clear that “publication” of material that may lead to the identification of the teacher who is the subject of the allegation is prohibited. “Publication” includes “any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public”. This means that a parent who, for example, published details of the allegation on a social networking site would be in breach of the reporting restrictions (if what was published could lead to the identification of the teacher by members of the public).

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Flowchart: What Happens after the Child Protection Conference, including Review? (Taken from Working Together to Safeguard Children, Department for Education).

(Click on image to enlarge it)

Diagram of what happens after the child protection conference, including a review conference. Full text in Actions and Decisions of the Conference chapter.

 

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Date of last review – April 2024.

Date of next review – April 2027.

1. Duty to Conduct Section 47 Enquiries

1.1 Obligations and responsibilities of all agencies

All agencies have a duty to assist and provide information in support of Section 47 Enquiries.

1.2 Responsibility of Children’s Social Care

Where a baby has been harmed, has died or has been abandoned then a Section 47 investigation must be completed in collaboration with the Police.  Children’s Social Care is the lead agency for Section 47 Enquiries and has the duty to:

  • make, or cause to be made, enquiries when the circumstances defined in Section 47 Children Act 1989 exist;
  • safeguard and promote the child’s welfare (Section 17 Children Act 1989);
  • inform the Police in a case referred which constitutes or may constitute a criminal offence against a child.

The responsibility for undertaking Section 47 Enquiries lies with Children’s Social Care in the local authority for the area in which the child lives or is found. ‘Found’ means the physical location where the child suffers the incident of harm or neglect (or is identified to be at risk of harm or neglect), for example nursery or school, boarding school, hospital, one-off event, such as a fairground, holiday home or outing or where a privately fostered or looked after child is living with their carers. For the purposes of these procedures the LA children’s social care in which the child lives, is called the ‘home authority’ and the LA children’s social care in which the child is found is the child’s ‘host authority’.

In this case, the child’s ‘home’ authority should be informed as soon as possible and involved in Strategy Discussions. It may sometimes be appropriate for the ‘home’ authority to undertake the necessary enquiries on behalf of the host authority e.g. in the case of a Looked After child.

Only once agreement is reached about who will take responsibility is the host authority relieved of the responsibility to take emergency and ongoing action. Such acceptance should occur as soon as possible and should be confirmed in writing.

1.3 Responsibility of the Police

The Police have a responsibility to:

  • investigate allegations of criminal offences against children;
  • refer any suspicion, allegation or disclosure that a child is suffering or likely to suffer Significant Harm to Children’s Social Care;

In dealing with alleged offences involving a child victim, the police should normally work in partnership with other agencies. Whilst the responsibility to instigate a criminal investigation rests with the police, they should consider the views expressed by the other agencies.

2. Multi-Agency Checks

For section 47 cases, the lawful bases for processing information will largely be for the performance of a public task and necessary for the provision of social care. Therefore, parental permission is not required when conducting a s47 enquiry.

The social worker must contact all other agencies involved with the child to inform them that a child protection enquiry has been initiated and to seek their views. The checks should be undertaken directly with involved professionals and not through messages with intermediaries.

It is not necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child provided that there is a lawful basis to process any personal information required.

The social worker must contact the other agencies involved with the child to inform them that a child protection enquiry has been initiated and to seek their views. The checks should be undertaken directly with involved professionals and not through messages with intermediaries.

The relevant agency should be informed of the reason for the enquiry, whether or not parental consent has been obtained and asked for their assessment of the child in the light of information presented.

Agency checks should include accessing any relevant information that may be held in one or more other countries. Practice guidance is available for social workers working on child protection cases and care orders, where the child has links to a foreign country in Child Protection: Working with Foreign Authorities (Department for Education).

3. Purpose of Section 47 Enquiries

Section 47 Enquiries should be initiated, usually following a Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment), or whenever the threshold criteria are met (see Section 5, Threshold for Section 47 Enquiries). However, Section 47 Enquiries may be justified at the point of referral, during the early consideration of a referral, during an assessment such as Early Help Plan, Child in Need, or at any time in an open case when the threshold criteria are satisfied.

A Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) is the means by which a Section 47 Enquiry is carried out. It should be led by an experienced social worker. A Family Assessment, using the Assessment Framework, must be completed within a maximum of 45 working days. Children’s Social Care is responsible for the co-ordination and completion of the assessment, drawing upon information provided by partner agencies.

The Child and Family Assessment, under Section 47 of the Children Act, should begin by focusing primarily on information identified during the referral and Assessment  and which appears most important in relation to the risk of Significant Harm. It should, however cover all relevant dimensions in the Assessment Framework, including any previous specialist assessments before its completion – see Children’s Social Care National Framework in Need and their Families chapter.

Those making the enquiries should always be alert to the potential needs and safety of siblings, or other children in the household of the child in question. In addition, the Section 47 Enquiry may also need to cover children in other households, with whom the alleged offender may have had contact.

4. Open Source Information

In some circumstances, it may be appropriate to access, review and retain information available on social media (“open source information”) in respect of a child or an adult as part of a Section 47 enquiry or an assessment of need. Whether or not to do should be considered when planning the assessment or Section 47 enquiry. In doing so, it is important to achieve the correct balance and to remain within the law.

Open source information is any publicly available information, including information responsive to Google or other search engine searches, information publicly available on social media such as twitter, Instagram, Facebook etc. Information which is only available because you are a ‘friend’ of the target, information subject to privacy controls on Facebook or other social media, private communications such as texts to someone else, WhatsApp messages, private emails, direct messages on twitter is not open source information. If information is not readily accessible, it is not open source and you will need to seek separate guidance / refer to the police who have the appropriate powers to obtain access to information which is not publicly available.

The following open source information may be accessed where there is a safeguarding concern:

  • a single Google search and / or social media search on the name of the child or adult and a review of information which is responsive to them without keeping the information obtained on file;
  • if a child is the subject of the search, the information is likely to be private and a record should be kept of the justification for the search and the outcome;
  • record that a search has taken place without any concerns being identified and date of search (without keeping a record of the information obtained unless necessary);
  • searches and monitoring for purposes of assessment/care where there is properly informed consent and that the need for ongoing monitoring is kept under review with regard for necessity and proportionality;
  • in all cases, searches should only be carried out where necessary.

Open source information may also be accessed in the following circumstances where there is a safeguarding concern but caution should be exercised and legal advice sought if necessary:

  • storing information and sensitive information obtained from a child’s social media accounts or online searches – social media of children should usually be treated as private information and a specific public interest justification for retaining and storing the information should be recorded;
  • disclosing information obtained as a result of social media searches – disclosure must be for a safeguarding purpose (e.g. to police or social workers in another area or a teacher), is no more than necessary to fulfil that purpose and that the purpose of the disclosure is recorded in the file;
  • monitoring or restricting a child’s social media use should be done in conjunction with the person(s) who have parental responsibility if possible, and recorded in the care plan and with appropriate consultation with the child concerned in the case of looked after children;

Single or occasional repeat viewing of public domain social media may be undertaken, but once this becomes repeat monitoring or surveillance, it is likely to be unlawful without authorisation under the Regulation of Investigatory Powers Act (RIPA) and / or consent of those with parental responsibility or the child, or order from family court. Refer to police or to legal team for further advice if concerns remain.

5. Thresholds for Section 47 Enquiries

A child’s status – for example In Need, or ‘at risk of Significant Harm’ must be ascribed in a flexible manner, which recognises the possibility of change and a consequent need to re-ascribe that status.

If at any point during assessment, the threshold for Section 47 Enquiries is reached, the procedures outlined in this chapter should be followed.

Section 47 Enquiries start when:

  • there is reasonable cause to suspect that a child who lives in, or is found in, a local authority area is suffering or likely to suffer Significant Harm;
  • following an Emergency Protection Order or Police Protection.

The Children’s Social Care first line manager has the responsibility, on the basis of available information, to authorise a Section 47 Enquiry. In undertaking the necessary assessment of risk, the manager must consider both the probability of the event or concern in question and its actual or likely consequence.

In reaching their conclusion as to the justification for a Section 47 Enquiry, the manager must consider the following variables:

  • seriousness of the concern/s;
  • combinations of concerns;
  • repetition or duration of concern/s;
  • vulnerability of child (through age, developmental stage, disability or other predisposing factor, for example Looked After);
  • source of concern/s;
  • accumulation of sufficient information;
  • context in which the child is living – for example, a child in the household already subject to Child Protection Plan;
  • emotional environment of child, especially high criticism / low warmth;
  • any predisposing factors in the family that may suggest a higher level of risk, for example domestic violence, substance misuse;
  • the impact on the child’s health and development.
  • contextual safeguarding – Contextual Safeguarding of Children and Young People chapter.

A Section 47 Enquiry must always be commenced immediately there is a disclosure, allegation or evidence that a child is suffering or likely to suffer Significant Harm. This applies equally to new, re-referred and open cases.

In making a final decision about whether the threshold for a Section 47 Enquiry is met, Children’s Social Care must consult the Police and other appropriate agencies so that relevant information can be taken into account.

A decision to cease a Section 47 Enquiry should, after checks have been completed (and where relevant in consultation with the Safeguarding Investigations Unit and other involved agencies) be taken in a flexible manner when it is clear that the criteria for Section 47 are not satisfied. In these circumstances, consideration should still be given to completing the Family Assessment also referred to a Child and Family Assessment or Strengthening Families Assessment). This decision must be authorised and recorded by a manager.

If professionals are concerned about the decision made by Children’s Social Care, they may wish to refer to Disagreement by Children, Young People and their Families / Carers / Advocates chapter.

6. Liaison between Children’s Social Care and the Police – Single or Joint Agency Enquiries / Investigations

Once a decision is made to initiate a Section 47 Enquiry, the first line Children’s Social Care manager should ensure that the case is discussed with the Police before a decision is made regarding whether a single agency or joint investigation should take place. The primary responsibility of the Police is to undertake criminal investigations of suspected, alleged or actual crime. Children’s Social Care has the statutory duty to make, or cause to be made, enquiries when circumstances defined in Section 47 of the Children Act 1989 exist.

Where both agencies have responsibilities with respect to a child, they must cooperate to ensure the joint investigation (combining the process of a Section 47 Enquiry and a criminal investigation) is undertaken in the best interests of the child. This should be achieved primarily through coordination of activities at Strategy Discussions).

Generally there should be a presumption of a joint investigation unless agreed otherwise.

If the agencies agree that a single agency enquiry or investigation is appropriate, there should still be an exchange of relevant information, possible involvement in Strategy Discussions and agreement reached as to the feedback required by the non-participating agency.

Any decision to terminate enquiries must be communicated to the other agency for it to consider, and the rationale recorded by both agencies.

The decision regarding single or joint agency investigations should be authorised and recorded by first line managers in both the Safeguarding Investigations Unit and Children’s Social Care.

6.1 Joint agency investigation

A joint investigation must always be initiated whenever there is an allegation or reasonable suspicion that one of the circumstances described below has been committed against a child, regardless of the likelihood of a prosecution:

A joint investigation must be considered when a child death is unexplained or unexpected, see Multi-Agency Guidance for Responding and Reviewing Child Deaths chapter.

Cases of minor injury should always be considered for a joint investigation if the:

  • child is already subject to a Child Protection Plan;
  • child is Looked After by the local authority.

In other cases of minor injury, the circumstances surrounding the incident must be considered to determine the ‘seriousness’ of the alleged abuse. The following factors should be included in any consideration by the Safeguarding Investigations Unit and Children’s Social Care:

  • age, special needs and vulnerability of the child;
  • any previous history of minor injuries;
  • the intent of the assault e.g. strangulation may leave no marks, but is very serious;
  • if a weapon was used;
  • previous concerns from a caring agency;
  • consistency with and clarity / credibility of the child’s account of the injuries;
  • predisposing factors about the alleged perpetrator e.g. criminal conviction(s), history of violence, domestic abuse, substance misuse and / or mental health problems.

There will be times when, after discussion or preliminary work, cases will be judged less serious and it will be agreed that the best interests of the child are served by a Children’s Social Care-led intervention, rather than a joint investigation.

In all cases the welfare of the child remains paramount and always takes precedence over the need to commence or conclude any criminal investigation.

6.2 Children’s Social Care single agency

Where Children’s Social Care assess that the circumstances of the case satisfy one of the following criteria, it may, following discussion with the Safeguarding Investigations Unit (and making relevant checks) progress single agency enquiries:

  • purely Emotional Abuse with no apparent physical symptoms;
  • minor Physical Abuse, except for injuries to infants;
  • minor Neglect through inappropriate supervision or poor parenting skills;
  • indirect suspicions of Sexual Abuse, including over-sexualised behaviour of a child.

Where a minor crime, initially agreed by the Safeguarding Investigations Unit as inappropriate of further police investigation, is subsequently discovered to be more serious than originally perceived, the case must be referred back to the Safeguarding Investigations Unit.

6.3 Police single agency

Criteria for police single agency investigations are those where the:

  • allegation is by an adult of abuse which occurred in childhood and there are no current child protection issues;
  • alleged offender is not known to the child or child’s family i.e. stranger abuse – however in these circumstances, consideration will still be given to joint investigative interview(s) in accordance with Achieving Best Evidence

Practice reminder: If the child gives a clear disclosure to the first responder (for example, a teacher) then there is no need for the Police to take a first account (Q&A). The child should be able to go straight to an Achieving Best Evidence (ABE) interview (see Achieving Best Evidence in Criminal Prosecutions, Ministry of Justice). Wherever possible the child should not have to repeat the disclosure before an ABE interview. In the cases where it is felt that an intermediary is needed to support the child and aid communication, this should be recorded and evidenced as to why it might delay the interview. The interview should be child-focused. The interview planning is important and should also be fully recorded.

In all cases where the police undertake a single agency investigation, details of any victim aged under 18 must be referred to Children’s Social Care, which is responsible for assessing if the investigation raises any Child Protection issues and if supportive or therapeutic services are appropriate.

Where the police conduct a single agency investigation out of hours (because they have a duty to respond and take action to protect the child or obtain evidence), Children’s Social Care must be informed immediately and, if appropriate, a joint investigation commenced.

6.4 Dispute resolution

If there is any disagreement between the agencies about the need for a joint investigation or the ‘seriousness’ of alleged abuse, further discussion should occur between the line managers.

If line managers disagree, the disputes should be resolved by agreement between senior managers from the agencies involved (see Resolving Professional Disagreements chapter). A note of the resolution must be recorded.

7. Role of the Lead Social Worker

All Section 47 Enquiries must be undertaken by qualified social workers, referred to as the Lead Social Worker, who will be:

  • a duty social worker will usually undertake enquiries on closed or unallocated cases;
  • a duty social worker or the allocated social worker will undertake the Section 47 Enquiry on an allocated case, in line with local arrangements.

The Lead Social Worker should:

  • obtain clear, detailed information about the concerns, suspicion or allegation;
  • make a check on the child database;
  • ascertain if there is or has been a previous Section 47 Enquiry or Child Protection Plan;
  • obtain history and background information including accessing relevant agency case records;
  • report to the responsible manager;
  • undertake any necessary emergency action – see Immediate Protective Action of the Referrals Procedure;
  • undertake agency checks with all agencies that are involved with the child and family – see Section 6, Involvement of other agencies;
  • involve the parents and other family members as appropriate and agree with the manager if parental agreement is to be sought prior to undertaking agency checks, recording the decision – see Involving Parents and other Family Members;
  • identify significant adults including frequent visitors to the household and understand their involvement with the child(ren);
  • communicate with the child – see Section 10, Involving the Child.

8. Involvement of Other Agencies

The Lead Social Worker must consult with other agencies involved with the child and family in order to obtain a fuller picture of the child’s circumstances and those of any others in the household, including risk factors and parenting strengths.

It is not necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child provided that there is a lawful basis to process any personal information required.

Even when there has been a recent Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) agencies should be consulted and informed of the new information / referral. The checks should be undertaken directly with the involved professionals and not through messages with intermediaries.

The relevant agency should be informed of the reason for the enquiry, whether or not parental consent has been obtained and asked for their assessment of the child in the light of information presented.

Agency checks should include accessing any relevant information that may be held in other local authorities, or abroad (see National Contacts  for sources of information for children from abroad).

In the course of a Section 47 Enquiry it may be necessary for Children’s Social Care and / or the Police to make decisions or initiate actions to protect children, or require the parents to agree to such action. The Lead Social Worker must inform relevant agencies of any such decisions or actions and confirm them in writing without delay.

9. Involving the Parents and Other Family Members

The Lead Social Worker has the prime responsibility to engage with family members in order to assess the overall capacity of the family to safeguard the child, as well as ascertaining the facts of the situation causing concern.

Parents and those with Parental Responsibility should:

  • be informed at the earliest opportunity of concerns, unless to do so would place the child at risk of Significant Harm, or undermine a criminal investigation;
  • be offered a verbal explanation of the child protection enquiry process; be provided with an explanatory leaflet.

In communicating with parent(s) about the planned intervention, the following points must be covered:

  • an explanation of the reason for concern and where appropriate the source of information;
  • the procedures to be followed (this must include an explanation of the need for the child to be seen, interviewed and/or medically examined and seeking parental agreement for these aspects of the enquiry and/or investigation);
  • an explanation of their rights as parents including the need for support and guidance from an advocate whom they trust (advice should be given about the right to seek legal advice);
  • that in the event of any conflict between the needs and wishes of the parents and those of the child, the child’s welfare is the paramount consideration in any decision or action;
  • an explanation of the role of the various agencies involved in the enquiry / investigation and of the wish to work in partnership with them to secure the welfare of their child;
  • the need to gather initial information on the history and structure of the family, the child and other relevant information to enable an assessment of the injuries and / or allegations and the continuing risk to the child to be made;
  • in situations of domestic abuse, the possibility of working with the parents separately;
  • assessment of evidential opportunities in a police investigation and recovery of evidence that may confirm or refute an allegation or suspicion of crime;
  • the provision of an opportunity for parents to be able to ask questions and receive support and guidance.

Due consideration must be given to the capacity of the parents to understand this information in a situation of significant anxiety and stress.

Consideration must be given to those for whom English is not their first language or who may have a physical / sensory / learning disability and may need the services of an appropriate interpreter.

It is also essential that factors such as race, culture, religion, gender and sexuality together with issues arising from disability and health are taken into account.

It may be necessary to provide the information in stages and this must be taken into account in planning the enquiry.

Parents should be provided with an early opportunity to explain their perception of the concerns, recognising that there may be alternative accounts and discrepancies.

10. Involving the Child

Exceptionally a joint enquiry/investigation team may need to speak to a suspected child victim without the knowledge of the parent or caregiver. Relevant circumstances would include the possibility that a child would be threatened or otherwise coerced into silence, a strong likelihood that important evidence would be destroyed or that the child in question did not wish the parent to be involved at that stage and is competent to make that decision.

10.1 Communicating with the child

All children within the household must be directly communicated with during a Section 47 Enquiry. Those who are the focus of concern should always be seen and communicated with alone by the Lead Social Worker. The Record of Section 47 Enquiry should include the date(s) when the child was seen alone by the Lead Social Worker and, if not seen alone, who was present and the reasons for their presence.

Consideration must be given to the child’s developmental stage and cognitive ability. Specialist help may be needed if:

  • the child’s first language is not English (see Use of Interpreters, Signers or Others with Communication Skills Procedure);
  • they appear to have a degree of psychiatric disturbance but are deemed competent;
  • they have a physical / sensory / learning disability (see also Use of Interpreters, Signers or Others with Communication Skills Procedure);
  • interviewers do not have adequate knowledge and understanding of the child’s racial religious and cultural background.

Consideration should also be given to the gender of interviewers, particularly in cases of alleged Sexual Abuse.

It may be necessary to seek information from the child in stages and this must be taken into account in planning the enquiry. Children may need time, and more than one opportunity, in order to develop sufficient trust to communicate any concerns they may have.

The objectives in seeing the child are to:

  • record and evaluate her/his appearance, demeanour, mood state and behaviour;
  • hear the child’s account of allegations or concerns;
  • observe and record interactions of child and her/his carers;
  • see and record the circumstances in which the child is currently living and sleeping and, if different, her/his ordinary residence;
  • evaluate the physical safety of the environment including the storage of hazardous substances e.g. bleach, drugs;
  • ensure that any other children who need to be seen are identified;
  • assess the degree of risk and possible need for protective action;
  • meet the child’s needs for information and re-assurance.

The Strategy Discussion must decide where, when and how the child(ren) should be seen and if a video interview is required.

The child should be seen within 24 hours if the child:

  • is reported to have sustained a physical injury;
  • has disclosed Sexual Abuse and is to be returned to a situation that might place her/ him at risk;
  • is already subject to a Child Protection Plan;
  • is suffering from severe neglect or other severe health risk;
  • is abandoned.

To avoid undermining any subsequent criminal case, in any contact with a child prior to an interview, staff must:

  • listen to the child rather than directly questioning her/him;
  • never stop the child freely recounting significant events;
  • fully record the discussion including timing, setting, presence of others as well as what was said.

All subsequent events up to the time of any video interview must be fully recorded.

10.2 Investigative interviews of the child

The conduct of and criteria for visually recorded interviews with children are clearly laid out in Achieving Best Evidence in Criminal Prosecutions (Ministry of Justice).

10.3 Inability to see the child alone

If a child’s whereabouts are unknown, or they cannot be traced by the Lead Social Worker within 24 hours, the following action must be taken:

  • a Strategy Discussion held with the Police;
  • agreement reached with the responsible manager as to what further action is required to locate and see the child and carry out the Section 47 Enquiry.

If the parent / carer refuses to allow the Lead Social Worker to see the child alone  and/or allows a discussion about the concerns the Lead Social Worker, in consultation with their manager, should have a Strategy Discussion with the police and seek legal advice as appropriate. In all cases the reason for not seeing the child alone should be recorded.

11. Paediatric Assessment

Please also see:

Where the child appears in urgent need of medical attention they should be taken to the nearest A&E Department e.g. suspected fractures, bleeding, loss of consciousness.

In other circumstances the Strategy Discussion will determine, in consultation with the Children’s SARC paediatrician or SARC clinician, the need and timing for a paediatric assessment. Acute sexual assault should follow the Faculty of Forensic & Legal Medicine Guidelines, and the timing of a medical is a joint decision between the Police and SARC.

Police should obtain early evidence, including mouth wash as a matter of urgency and before the strategy discussion/SARC medical.

A paediatric assessment involves a holistic approach to the child and considers the child’s wellbeing and may include their development, if under 5 years old and their cognitive ability if older (educational psychologists can offer further expertise).

This assessment should always be considered when there is a suspicion or allegation / disclosure of child abuse and/or neglect involving:

  • a suspicious or serious injury (thought to be non-accidental or obvious / an inconsistent explanation);
  • suspected Sexual Abuse or assault, including ano-genital warts and other STIs.

Additional considerations are the need to:

  • secure forensic evidence;
  • obtain medical documentation;
  • provide reassurance for the child, parent and Children’s Social Care;
  • provide treatment follow up and review for the child (any injury, infection, new symptoms including psychological support).

Only doctors may physically examine the whole child, but other staff should note any visible marks or injuries on a body map and document details in their recording. Genital examinations should be kept to a minimum and only examined if there is a medical emergency that requires urgent treatment. Police / CSI may need to attend the hospital to arrange forensic samples if the child requires urgent surgery.

Recording a photographic image of any injuries should only be arranged and undertaken by the police, or as part of a paediatric assessment by a doctor or medical photographer with consent from the child/parents.  The use of personal cameras or mobile phones for such a purpose is unacceptable.

If a child has chosen to take an image of their injury, or a self-intimate image, the investigating social worker and police officer should be made aware, in order that the evidential significance of any image can be assessed by the police.

11.1 Consent for paediatric assessment or medical treatment

The following may give consent to a paediatric assessment:

  • a child of sufficient age and understanding (i.e. who is Fraser Competent*);
  • any person with Parental Responsibility;
  • the local authority when the child is the subject of a Care Order (although the parent/carer should be informed);
  • the local authority when the child is Accommodated under Section 20 Children Act 1989, and the parent / carers have abandoned the child or are physically or mentally unable to give such authority;
  • the High Court when the child is a ward of court;
  • a Family Proceedings Court as part of a direction attached to an Emergency Protection Order, an Interim Care Order or a Child Assessment Order.

When a child is Accommodated under Section 20 and a parent / carer has given general consent authorising medical treatment for the child, legal advice must be taken about whether this provides consent for paediatric assessment for child protection purposes (the parent / carer still has full Parental Responsibility for the child)

*A child of any age who has sufficient understanding (generally to be assessed by the doctor with advice from others as required) to make a fully informed decision can provide lawful consent to all or part of a paediatric assessment or emergency treatment.

*A young person aged 16 or 17 has an explicit right (Section 8 Family Law Reform Act 1969) to provide consent to surgical, medical or dental treatment and unless grounds exist for doubting her/his mental health, no further consent is required.

Although a child of sufficient understanding (and who is subject of an Interim Supervision or Care Order, a Child Assessment Order, Emergency Protection Order or a full Supervision Order) may refuse some or all of the paediatric assessment, the High Court can (potentially) override such refusal by use of its inherent jurisdiction.

Wherever possible, the permission of a parent should be sought for children under 16 prior to any paediatric assessment and/or other medical treatment.

Where circumstances do not allow permission to be obtained and the child needs emergency medical treatment the medical practitioner may:

  • regard the child to be of an age and level of understanding to give their own consent;
  • decide to proceed without consent.

In these circumstances, parents must be informed as soon as possible and a full record must be made at the time.

In non-emergency situations, when parental permission is not obtained, the Lead Social Worker and manager must consider whether it is in the child’s best interests to seek a court order.

11.2 Arranging paediatric assessments

Paediatric assessments are the responsibility of the consultant paediatrician, although an appropriately trained registrar or staff grade may conduct them.

Requests for referrals for child protection paediatric assessments from a social worker or a member of the Police are made to the local paediatric service. The paediatrician may arrange to examine the child themself, or arrange for the child to be seen by a member of the paediatric team in the hospital or community.

Where a paediatrician assessment is requested, prior to the assessment, the paediatrician should be briefed. Where an assessment is undertaken as part of a joint investigation and where possible, a Police officer should be present at the examination and available to brief the paediatrician/doctor and take possession of evidential items.

Where paediatric assessment is undertaken as part of a single agency Section 47 Enquiry, this should be done by the social worker and the relevant Safeguarding Investigations Unit must be made aware.

Child Sexual Abuse paediatric assessments should be undertaken in accordance with the Child sexual abuse pathway

Please also see Sussex Children’s SARC (Sexual Assault Referral Centre) Guidance for Police Officers and Social Workers on arranging medical examinations for possible Child Sexual Abuse (CSA) (opens as pdf).

Specific practical procedures may vary according to local arrangements.

In cases of severe neglect, physical injury or recent penetrative sexual abuse, the assessment should be undertaken on the day of the referral, where compatible with the welfare of the child.

Normally the order in which the paediatric assessment takes place (as part of the Section 47 Enquiry) will be decided at the Strategy Discussion. The need for a specialist assessment by an appropriate mental health professional should also be considered at the Strategy Discussion.

The Lead Social Worker should (unless this would cause undue delay) consult parents about the gender of the medical practitioner prior to the examination being conduct

In planning the paediatric assessment, the Lead Social Worker, the manager responsible, the Safeguarding Investigations Unit and relevant doctor must consider whether it might be necessary to take photographic evidence for use in care or criminal proceedings. Where such arrangements are necessary, the child and parents must be informed and prepared and careful consideration given to the impact on the child.

11.3 Recording of the paediatric assessment

The paediatrician should supply a report or statement to the social worker, GP and where appropriate the Police. Reports should be produced in accordance with the RCPCH guidance and CSARC documentation.

The report should include:

  • a verbatim record of the carer’s and child’s accounts of injuries and concerns noting any discrepancies or changes of story;
  • documentary findings in both words and diagrams;
  • site, size, shape and where possible age of any marks or injuries;
  • date, time and place of examination;
  • those present;
  • who gave consent and how (child / parent, written / verbal);
  • other findings relevant to the child e.g. squint, learning or speech problems etc;
  • professional opinion;
  • time examination ended.

All reports and diagrams should be signed and dated by the doctor undertaking the examination.

12. Analysis and Assessment of Risk

The scope and focus of the assessment during the Section 47 Enquiry and Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) should specifically address the risks for the child/ren and:

  • identify clearly the initial cause for concern;
  • collect information from agency records and other agencies;
  • describe the family history and that of the child/ren;
  • describe the family structure and network;
  • evaluate the quality of attachments between child/ren and carers;
  • evaluate the strengths of the family;
  • evaluate the risks to the child/ren;
  • consider the child’s need for protection;
  • evaluate information from all other sources;
  • consider the ability of parents and wider family and social networks to safeguard and promote the child’s welfare.

Where the child’s circumstances are about to change, the assessment must include the safety of the new environment for example, if a child is to be discharged from hospital, the assessment must have established the safety of the home environment and implemented any support plan required to meet the child’s needs.

13. Outcome of Section 47 Enquiries

Outcomes of Section 47 Enquiries must be clearly recorded by the Lead Social Worker, with the reasons for decisions clearly stated and signed off by her/his manager on the Record of Section 47 Enquiries.

Before approving the Section 47 Enquiry outcome, the manager must ensure that:

  • there has been direct communication with the child and their views and wishes have been recorded and taken into account;
  • all the children in the household have been seen and their needs considered;
  • the parent / carer has been seen and their views and wishes have been recorded and taken into account;
  • all adults within the household and significant others have been identified and police checks undertaken;
  • checks with relevant agencies have been completed;
  • the analysis has been completed;
  • the chronology is up-to-date.

When the outcome is agreed, the original concerns may be:

  • unsubstantiated;
  • substantiated, but the child is not judged at continuing risk of Significant Harm;
  • substantiated and the child is judged to be at continuing risk of Significant Harm.

Where the concerns are substantiated, but the child is not judged at continuing risk of Significant Harm, this decision must be endorsed by a suitably experienced and qualified social work manager.

In these circumstances, consideration must be given to the completion of the Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) (if incomplete), provision of services and/or any future monitoring by agencies (including through the Early Help Plan). If Children’s Social Care continues to provide services to the child / family, a Child’s Plan should be initiated and reviewed on a regular basis against agreed objectives.

Where concerns are substantiated and the child is assessed to be at continuing risk of Significant Harm, the authorised manager must authorise the convening of an Initial Child Protection Conference.

The manager may also agree / decide to initiate legal action.

14. Feedback from Section 47 Enquiries

Parents, children (depending on level of understanding), professionals and other agencies that have had significant involvement should be provided with written feedback of the outcome of the Section 47 Enquiry (in a letter for the family and in an appropriate format for professionals).

Feedback about outcomes should be provided to referrers who are members of the public, in a manner that respects the confidentiality and welfare of the child.

If there are ongoing criminal investigations, the content of the Lead Social Worker’s feedback should be discussed with the Police.

15. Disputed Decisions

Professionals and agencies involved with the child and the family have a right to request that Children’s Social Care convene a Child Protection Conference if they have serious concerns that the child’s welfare may not be adequately safeguarded.

Any such request that is supported by a senior manager or a named or designated professional should normally be agreed. Where differences of views remain then the Resolving Professional Differences in the Child Protection Process chapter should be followed.

16. Timescales

16.1 Routine

The initial Strategy Discussion instigates the Section 47 Enquiry.

The Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) must be completed within 45 working days from the date of the Strategy Discussion/Meeting.

The maximum period from the Strategy Discussion to the date of the Initial Child Protection Conference is 15 working days, which means that initial conferences may be held prior to the completion of the Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment).

Where more than one Strategy Discussion is held, the period of 15 working days starts from the Strategy Discussion that initiated the Section 47 Enquiry.

16.2 Exceptions

The timescales above are the minimum standards required by Working Together to Safeguard Children. Where the welfare of the child requires shorter timescales, these must be achieved.

There may be exceptional circumstances where it is not in the child’s interests to work to the above timescales. The circumstances which may lead to an alternative timescale include:

  • a need to engage interpreters, translators etc. for those with communication needs (including disabled children);
  • pre-birth assessments;
  • complex cases for example Fabricated or Induced Illness, those involving suspected organised or institutional abuse, cases where paid or voluntary carers are involved and cases which require co-ordination with other local authorities because the child is found outside the borough.

Any proposal to justify variation of routine time scales must be agreed by the authorised manager following line manager’s consultations with the Safeguarding Investigations Unit and any relevant agencies.

Reasons for diverging from statutory timescales must be fully recorded together with a plan of action detailing alternative arrangements.

17. Recording of Section 47 Enquiries

A full written record must be completed by each agency involved in a Section 47 Enquiry, using the required agency proformas, (legibly) signed and dated by the staff or inputted into their electronic record.

The responsible manager must authorise Children’s Social Care Section 47 recording and forms.

Practitioners should wherever possible, retain signed and dated rough notes until the completion of anticipated legal proceedings.

Children’s Social Care recording of enquiries should include:

  • agency checks;
  • content of contact cross referenced with any specific forms used;
  • date(s) when the child was seen alone by the Lead Social Worker and if the child was not seen alone, who was present and the reasons for their presence;
  • Strategy Discussion notes;
  • details of the enquiry;
  • body maps (where applicable);
  • assessment including identification of risks and how they may be managed;
  • decision making processes;
  • outcome / further action planned.

At the completion of the Section 47 Enquiry the social work manager should ensure that the concern and outcome have been entered on a chronology kept at the front of each file / on the electronic record.

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Flowchart: Action following a Strategy Meeting – also called Strategy Discussion (taken from Working Together to Safeguard Children, Department for Education).

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Diagram of action to be taken following a strategy meeting. Full text in Strategy Discussions chapter.

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Flowchart: Action taken for an Assessment of a Child under the Children Act 1989 (taken from Working Together to Safeguard Children, Department for Education).

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Diagram of Action taken for an Assessment of a Child under the Children Act 1989. Full text in Family Assessments chapter.

 

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Seek legal advice, where relevant.

Flowchart: Immediate Protection (taken from Working Together to Safeguard Children, Department for Education).

 

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Diagram of summary of what to do to immediately protect a child. Full text in Action on Receipt of Referrals chapter, Section 4, Immediate protective action.

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Last reviewed in April 2024.

Next review in April 2027.

RELATED GUIDANCE

Working Together to Safeguard Children (Department for Education)

1. Timescales for Family Assessments

Assessments must be completed within a maximum of 45 working days of the date of the referral to Children’s Social Care.

Any extension to this time scale must be authorised by the first line manager, with reasons recorded. For example, there may be a need to delay in order to arrange for an interpreter, or to avoid a religious festival. Any such delay must be consistent with the welfare of the child.

The timescale will be shorter where the criteria for initiating Section 47 Enquiries are met at any stage during an Assessment, in which case the  Assessment should be regarded as concluded and a Strategy Discussion held immediately to decide if a Section 47 Enquiry is required.

2. Process of Family Assessments

The Assessment should be led by an experienced social worker supervised by a experienced and qualified social work manager. It should be carefully planned, with clarity about who is doing what, as well as when and what information is to be shared with parents or carers.

The planning process and decisions about the timing of the different assessment activities should be taken in collaboration with all those involved with the child and family. It should involve:

  • seeing and speaking with the child (according to age and understanding) and family members where appropriate. The child should be seen by the social worker leading the assessment without their caregivers whenever possible and this should be recorded in the Assessment Record
  • drawing together and analysing available information from a range of sources (including existing records
  • involving and obtaining information from health care and education professionals and others in contact with the child and family
  • all relevant information should be taken into account (this includes information about the history and any issues involving family members such as domestic violence, substance misuse, mental illness and criminal behaviour / convictions).

Parents should be openly involved in the assessment process (see Information Sharing and Confidentiality section) unless this may:

  • place the child at risk of Significant Harm for example from the reaction to an assessment from those close to the child/ren or by leading to an unreasonable delay;
  • lead to the risk of loss of evidential material. There would be consultation with relevant partner agencies in regard to involving parents in the assessment process.

The first line manager should authorise any decision to discuss the referral with other agencies without parental knowledge and the reasons for such action recorded.

Professionals approached by Children’s Social Care and asked to share information about the child and the family must respond in accordance with the guidance in Information Sharing and Confidentiality section and record:

  • the explanation provided by Children’s Social Care for sharing information;
  • the information consequently shared; and
  • the rationale for decisions to share and / or withhold any information.

If the child and / or carers have moved into the authority, all professionals should seek information covering previous addresses from their respective agencies. This is equally important for children and carers who have spent time abroad.

Children’s Social Care should make it clear to families (where appropriate) and other agencies, that the information provided for this assessment may be shared with other agencies and contribute to the written form completed at the end of the assessment.

If during the course of the assessment it is discovered that a school age child is not attending an educational establishment, the local authority with education responsibilities must be contacted to establish the reason for this.

3. Outcomes of Family Assessments

A Family Assessment is deemed completed once the assessment has been discussed with the child and family and authorised by the manager.

The possible outcomes of the Family Assessment are:

  • no further action, provision of information and advice or signposting to another agency;
  • referral for services under the Early Help Plan procedures – see Early Help Plan;
  • provision of Child In Need services under a Child in Need Plan;
  • specialist assessment for a more in-depth understanding of the child’s needs and circumstances;
  • instigation of a Strategy Discussion and Section 47 Enquiry where there are child protection concerns. This may lead to the need for a Child Protection Conference to be convened;
  • emergency action to protect a child (see Section 4, Immediate Protective Action, Action on Receipt of Referrals chapter).

Where there are concerns identified about any adults at risk of harm or abuse, a referral should be made to Adult Social Care under the Pan Sussex Safeguarding Adults Procedures.

A manager must sign and approve the outcomes of a Family Assessment and ensure:

  • the child/ren have been seen and spoken to or there has been a recorded management decision that this is not appropriate, for example where a Section 47 Enquiry has been or is to be initiated which will plan the method of contact with the child;
  • the needs of all children in the household have been considered;
  • a Child in Need Plan is completed for cases where the child and family are provided with a service under Section 17, but not progressed to Section 47 Enquiry;
  • a chronology has commenced or has been updated.

Taking account of confidentiality, written information on the outcome of the Family Assessment should be provided to professional referrers and family members. Exceptions are justified only where this might jeopardise an enquiry or place any individual at risk.

Feedback should be provided to non-professional referrers about the outcome of this stage of the referral in a manner consistent with respecting the confidentiality and welfare of the child.

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Last reviewed in July 2023.

Next review July 2025.

See also Information Sharing: Advice for Safeguarding Practitioners (Department for Education)

Sharing information is vital for early intervention to ensure that children with additional needs receive the services they require. It is also essential to protect children from suffering Significant Harm.

There is a positive duty under the Human Rights Act 1998 to protect life (Article 2 of the European Convention on Human Rights) and to protect others from inhuman and degrading treatment (Article 3 of the European Convention of Human Rights). All public authorities must ensure that everything they do promotes these rights and, in circumstances where a child has suffered or is likely to suffer Significant Harm, this includes the sharing of information with others so that the child’s human rights can be protected.

Practitioners are sometimes uncertain about when they can share information lawfully. It is important therefore that they:

  • understand and apply good practice in sharing information at an early stage as part of preventative work;
  • understand what information is and is not confidential, and the need in some circumstances to make a judgement about whether confidential information can be shared, in the public interest, without consent;
  • understand what to do when they have reasonable cause to believe that a child may be suffering, or may be at risk of suffering, Significant Harm and are clear of the circumstances when information can be shared where they judge that a child is at risk of Significant Harm;
  • understand what to do when they have reasonable cause to believe that an adult may be suffering, or may be at risk of suffering, serious harm and are clear of the circumstances when information can be shared where they judge that an adult is at risk of serious harm;
  • are supported by their employer in working through these issues.

Staff in adults’ services are aware that problems faced by those with responsibilities as parents are often likely to affect children and other family members. However this information is not always shared and opportunities to put preventative support in place for the children and the family are missed. Where an adult receiving services is a parent or carer, sharing information with colleagues in children’s services could ensure that any additional support required for their children can be provided early.

You do not need consent to share personal information. It is one way to comply with the data protection legislation but not the only way. This is explored more in Information Sharing.

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Last reviewed in April 2024.

Next review in April 2027.

1. Screening of Referrals by Safeguarding Integrated Front Door / Front Door / SPOA

1.1 Screening of referrals by Integrated Front Door / Front Door for Families / SPOA

The screening process should establish:

  • the nature of the concern;
  • how and why it has arisen;
  • what the child’s needs appear to be;
  • whether the concern involves abuse or neglect; and
  • whether there is any need for any urgent action to protect the child or any other children in the household or children in any other household.

This above process will involve:

  • discussion with referrers;
  • consideration of any existing records for the child and for any other members of the household (including the List of Children with Child Protection Plans);
  • involving other agencies as appropriate (including the police if any offence has been or is suspected to have been committed).

The process will take account of the Thresholds for Services to Children in Need. Each safeguarding partner has their own threshold documents, see Thresholds chapter.

Personal information about non-professional referrers should not be disclosed to third parties (including subject families and other agencies) without consent.

Parents and carers involvement should be sought before discussing a referral about them with other agencies unless this may:

  • place the child at risk of Significant Harm for example by the behavioural response it prompts or by leading to an unreasonable delay;
  • lead to the risk of loss of evidential material.

See also Information Sharing and Confidentiality

The first line manager should authorise any decision to discuss the referral with other agencies without parental knowledge  and the reasons for such action recorded.

This initial stage must involve immediate evaluation of any concerns about either the child’s health and development, or actual and/or potential harm, which justify further enquiries, assessments and / or interventions.

The first line manager should be the decision maker of any potential Section 47 Enquiries and authorise the decision to initiate a Strategy Discussion. If the child and / or family are well known to Children’s Social Care and / or the referral from the Integrated Front Door/ Front Door / SPOA clearly indicate that Section 47 Enquiries are required, it may be appropriate to hold a Strategy Discussion without further assessment.

The threshold may be met for a Section 47 Enquiry at the time of referral, during Child and Family Assessment / Strengthening Families Assessment,  or at any point of Children’s Social Care involvement.

Where a referrer is dissatisfied with the outcome of the referral, consideration to further action identified in Resolution of Professional Disagreements Procedure should be considered.

2. Initial Action by Children’s Social Care on Receipt of a Referral

All referrals to Children’s Social Care should initially be regarded as children in potential need. The referral should be evaluated on the day of receipt (and no later than within one working day), and a decision made and recorded (by the locally defined appropriate level of social worker / manager) regarding the next course of action. If the Children’s Social Care disagree with the decision made by Front Door / Integrated Front Door / Single Point of Access. local processes of escalation of decision making should be followed and recorded accordingly.

Children’s Social Care must acknowledge referrals within one working day of receipt.

When taking a referral, staff must establish as much of the following information as possible:

  • cause for concern including details of any allegations, their sources, timing and location;
  • child’s current location and emotional and physical condition;
  • whether the child needs immediate protection;
  • full names, date of birth and gender of child(ren);
  • family address (current and previous);
  • identity of those with Parental Responsibility;
  • names and date of birth of all household members and any known regular visitors to the household;
  • details of child’s extended family or community who are significant for the child;
  • ethnicity, first language and religion of children and parents / carers;
  • any need for an interpreter, signer or other communication aid;
  • any special needs of child/ren and other household members, including disability;
  • any significant / important recent or non recent events / incidents in child or family’s life, including previous concerns;
  • details of any alleged perpetrators (if relevant);
  • background information relevant to referral e.g. positive aspects of parents care, previous concerns, pertinent parental issues (such as mental health, domestic violence, drug or alcohol abuse, threats and violence towards professionals);
  • referrer’s relationship and knowledge of child and parents / carers;
  • known current or previous involvement of other agencies / professionals e.g. schools, GPs;
  • information regarding parental knowledge of, and agreement to, the referral.

Referrers should be asked specifically if they hold any information about difficulties being experienced by the family/household due to domestic abuse, mental illness, substance misuse, and/or learning difficulties Referrer’s relationship and knowledge of child and parents / carers.

3. Where a Crime may have been Committed

The police must be informed at the earliest opportunity if a crime may have been committed. The police must decide whether to commence a criminal investigation and a discussion held to plan how parents are to be informed of concerns without jeopardising police investigations (see Section 6, Liaison between Children’s Social Care and the Police – Single or Joint Agency Enquiries/Investigations, Section 47 Enquiries chapter).

4. Outcome of Referrals

The immediate response to a referral from Front Door/ Integrated Front Door / SPOA may be:

  • a Family Assessment (East Sussex), referred to as a Child and Family Assessment (West Sussex), Strengthening Families Assessment (Brighton & Hove);
  • emergency action to protect a child – see Section 4, Immediate Protective Action;
  • a Strategy Discussion where the facts clearly indicate that this is required and threshold is met).

A manager must ensure a chronology has been commenced and / or updated.

Where there are concerns identified about any adults at risk of harm or abuse, a referral should be made to Adult Social Care under the Sussex Safeguarding Adult Procedures.

Where there is to be no further action following a Family Assessment, feedback should be provided to family and referrers about the outcome of this stage of the referral.

In the case of referrals from members of the public, feedback must be consistent with the rights to confidentiality of child and their family.

4. Immediate Protective Action

See also Flowchart 2: Immediate Protection

Where there is a risk to the life of a child or the possibility of serious immediate harm, the police officer or social worker must act quickly to secure the safety of the child.

Emergency action may be necessary as soon as the referral is received or at any point during involvement with the child(ren), parents or carers.

Responsibility for immediate action rests with the authority where the child is found, but should be in consultation with any ‘home’ authority.

Immediate protection may be achieved by:

  • an alleged abuser agreeing to leave the home;
  • removal of the alleged abuser;
  • voluntary agreement for the child/ren to move to a safer place;
  • application for an Emergency Protection Order;
  • removal of the child/ren under powers of Police Protection;
  • gaining entry to the household under Police powers.

The social worker must seek the agreement of their first line manager and obtain legal advice before initiating legal action.

Children’s Social Care should only seek police assistance to use their powers in exceptional circumstances where there is insufficient time to seek an Emergency Protection Order or other reasons relating to the child’s immediate safety.

The agency taking protective action must always consider whether action is also required to safeguard other children in:

  • The same household,
  • The household of an alleged perpetrator or elsewhere.

Planned immediate protection will normally take place following a Strategy Discussion (see Strategy Discussions chapter).

Where an agency has to act immediately (prior to a Strategy Discussion) to protect a child, a Strategy Discussion should take place within 1 working day of that emergency action, to plan the next steps.

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1. Introduction

Severe harm may be caused to children by the abusive and bullying behaviour of other children, which may be of a physical, sexual or emotional nature.

The effect on the victim of intimidation and peer pressure by the child who harmed may make disclosure difficult for the victim.

2. Bullying

Bullying is a common form of deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for the victims to defend themselves. It can take many forms, but the three main types are physical (for example, hitting, kicking, theft), verbal (for example, racist or homophobic / religious remarks, threats, name calling) and emotional (for example, isolating an individual from social activities, cyberbullying).

The damage inflicted by bullying is often underestimated and can cause considerable distress to children to the extent that it affects their health and development. In the extreme it can cause Significant Harm, including self-harm.

Bullying may involve an allegation of crime (assault, theft, harassment) and this must be reported to the police at the earliest opportunity.

Schools are required to have policies to combat bullying and in the first instance cases should be dealt with under such policies. See also Preventing Bullying (Department for Education).

3. Sexual Abuse

When there is suspicion or an allegation of a child having been sexually abused or being likely to sexually abuse another child, it should be referred immediately to Children’s Social Care or the Police – see Making a Referral chapter.

When considering whether sexual abuse has occurred, it is important to determine what is developmentally normal sexual experimentation and what is coercive (see also Understanding Sexual Behaviour in Children and Children who present with Harmful Sexual Behaviours chapters).

4. Teenage Relationship Abuse

Young people can also experience domestic abuse within their own intimate relationships. This form of child on child abuse is sometimes referred to as ‘teenage relationship abuse’. Depending on the age of the young people, this may not be recognised in law under the statutory definition of ‘domestic abuse’ (if one or both parties are under 16). However, as with any child under 18, where there are concerns about safety or welfare, child safeguarding procedures should be followed and both young victims and children / young people who harm should be offered support.

5. Role of Schools and Colleges in Recognition of Child on Child Abuse, including Sexual Violence and Sexual Harassment between Children

Concerns about possible abuse by one child of another (child on child abuse) are frequently first considered within a school environment and it may frequently be unclear if the circumstances should be considered under child protection procedures or not.

All staff should be aware that children can abuse other children. And that it can happen both inside and outside of school or college and online. It is important that all staff recognise the indicators and signs of child on child abuse and know how to identify and respond to it.

It is essential that all victims are reassured that they are being taken seriously, regardless of how long it has taken them to come forward, and that they will be supported and kept safe. It is important to explain that the law is in place to protect children and young people rather than criminalise them, and this should be explained in such a way that avoids alarming or distressing them.

Keeping Children Safe in Education (Department for Education) emphasises the importance of challenging inappropriate behaviour between peers. These can include:

  • bullying (including cyberbullying, prejudice-based and discriminatory bullying);
  • abuse in intimate personal relationships between peers;
  • physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm (this may include an online element which facilitates, threatens and / or encourages physical abuse);
  • sexual violence, such as rape, assault by penetration and sexual assault; (this may include an online element which facilitates, threatens and / or encourages sexual violence);
  • sexual harassment, such as sexual comments, remarks, jokes and online sexual harassment, which may be standalone or part of a broader pattern of abuse;
  • causing someone to engage in sexual activity without consent, such as forcing someone to strip, touch themselves sexually, or to engage in sexual activity with a third party;
  • consensual and non-consensual sharing of nude and semi-nude images and / or videos (also known as sexting or youth produced sexual imagery);
  • upskirting, which typically involves taking a picture under a person’s clothing without their permission, with the intention of viewing their genitals or buttocks to obtain sexual gratification, or cause the victim humiliation, distress or alarm; and
  • initiation / hazing type violence and rituals (this could include activities involving harassment, abuse or humiliation used as a way of initiating a person into a group and may also include an online element).

Downplaying certain behaviours, for example dismissing sexual harassment as “just banter”, “just having a laugh”, “part of growing up” or “boys being boys” can lead to a culture of unacceptable behaviours, an unsafe environment for children and in worst case scenarios a culture that normalises abuse leading to children accepting it as normal and not coming forward to report it.

All school staff should understand, that even if there are no reports in their schools or colleges it does not mean it is not happening, it may be the case that it is just not being reported. As such it is important if staff have any concerns regarding child on child abuse they should speak to their designated safeguarding lead (or deputy).

All school staff should be clear as to the school’s or college’s policy and procedures with regard to child on child abuse and the important role they have to play in preventing it and responding where they believe a child may be at risk from it.

Where it is clear that the concern is one of child protection there should be no delay in the referral to Children’s Social Care, for example disclosure or witnessing of child on child sexual abuse.

Where further assessment is required prior to deciding the extent and nature of the concerns, the school should:

  • ensure the parents / guardian of both the victim and child / young person who has allegedly harmed, are advised, unless doing so would create further risk for the child. If the behaviour is already established as harmful or likely as harmful, practitioners should hold a Strategy Discussion as a priority;
  • provide pupils with the opportunity to record or dictate in their own words their version of events;
  • consider any need to separate the alleged victim and child / young person who harmed in the classroom, in the school and the possible need to send one or both home;
  • not interview either child on their own after the preliminary interview following disclosure – they should be accompanied by a parent or guardian;
  • keep a written record of pertinent information including date, time, those present and signature – a diagram / photo of the room / playground may be useful, as well as a description of who was present etc;
  • provide the child with the opportunity to confirm the accuracy of the record and record any disagreement.

6. Recognition of Abuse for Referral to Children’s Social Care

Professionals must decide in the circumstances of each case whether or not behaviour directed at another child should be categorised as abusive or not. It will be helpful to consider the following factors:

  • relative chronological and developmental age of the two children (the greater the difference, the more likely the behaviour should be defined as abusive);
  • a differential in power or authority (e.g. related to race or physical or intellectual vulnerability of the victim);
  • actual behaviour (both physical and verbal factors must be considered);
  • whether the behaviour could be described as age appropriate or involves inappropriate sexual knowledge or motivation;
  • physical aggression, bullying or bribery;
  • the victim’s experience and perception of the behaviour;
  • the possibility the child who harmed is, or was, also a victim;
  • attempts to ensure secrecy;
  • an assessment of the change in the behaviour over time (whether it has become more severe or more frequent);
  • duration and frequency of behaviour.

Where it is clear that the concern is one of child protection there should be no delay in the referral to Children’s Social Care – see Making a Referral chapter.

7. Response to Referrals

The interests of the identified victim must always be the paramount consideration. However, whenever a child may have abused another, all agencies must be aware of their responsibilities to both individuals, and multi-agency management of the case must reflect this.

It is likely that the child who harmed may pose a significant risk of harm to other children, have considerable needs themselves and may also be or have been the victim of abuse. The interests of any such children must also be considered as part of the response to the referral and in the multi agency management of the case.

8. Strategy Discussion

In all cases where the suspected child who harmed is a young person, the Police and Children’s Social Care must convene a Strategy Discussion (usually a face-to-face meeting) within the Section 47 Enquiry timescales. The Police will also decide whether a criminal offence is alleged.

Where the decision is reached that the alleged behaviour does not constitute abuse or the child is under the age of criminal responsibility, and there is no need for further enquiry or criminal investigation, the details of the referral and the reasons for the decision must be recorded.

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

The Strategy Discussion must consider the needs of both children, as well as any other children who may be at risk from the alleged child / young person who harmed.

A different social worker should be allocated for the victim and the child / young person who harmed, even when they live in the same household, to ensure that both are supported through the process of the enquiry and that both their needs are fully assessed.

The Strategy Discussion should be convened in line with the arrangements set out in the Strategy Discussions chapter.

In planning the investigation, the following factors should be considered:

  • age of both children and any other child or children who may be at risk;
  • seriousness of the alleged incident;
  • effect on the child who was harmed and their own view of their safety;
  • parental attitude and ability to protect their child;
  • arrangements to protect the child who was harmed and other children, especially where the child who was harmed and the child who has harmed are in the same household or school class;
  • whether there is suspicion that the child who has harmed has also been abused;
  • whether there is reason to suspect that adults are also involved;
  • the likelihood and desirability of criminal prosecutions taking place.

Where there is suspicion that the child who has harmed may have also experienced abuse, the Strategy Discussion must consider the order in which interviews will take place.

The conduct of any investigation will be discussed within a Strategy Discussion and the interview planning meeting to ensure the requirements of the Police and Criminal Evidence Act (PACE) 1984 and Achieving Best Evidence in Criminal Proceedings (Ministry of Justice) are met. See Making a Referral chapter.

Where police decide to conduct a separate ‘offender’ interview, Children’s Social Care will not normally be involved other than in performing any statutory responsibilities to the child e.g. as Appropriate Adult.

9. Outcome of Section 47 Enquiries

The outcome of enquiries is as described in the Section 47 Enquiries chapter.

However, the position of the alleged victim(s) and the alleged child/young person who harmed must be considered separately.

If the information gathered in the course of enquiries suggests that the child who harmed is also a victim, or potential victim, of abuse including neglect, a Child Protection Conference must be convened.

Where there are no grounds for a Child Protection Conference, but concerns remain regarding the child’s sexually abusive behaviour, they will be considered as a Child In Need. In such cases, a multi-agency planning meeting should be held.

10. Child Protection Conference

As well as carrying out all of its normal functions the Child Protection Conference must consider how to respond to the child’s needs as a possible child who harms.

Where the alleged child/young person who harmed is not subject to a Child Protection Plan, consideration should be given to the need for services to address any abusive behaviour and the multi-agency responsibility to manage any risk, through the use of multi-agency planning meetings.

11. Criminal Proceedings

The decision as to how to proceed with the criminal aspects of a case will be made by the Police and the Crown Prosecution Service (CPS). This decision will take into account any recommendations of the youth offending team and the views of other professionals.

Best practice suggests that criminal proceedings should not be taken where:

  • criminalising certain types of behaviour may be detrimental to the interests of all concerned;
  • it is inappropriate to pursue the criminal aspects of the case because the professionals are satisfied that sexual activity took place but that it was not abusive.

12. Multi-Agency Planning Meetings

Where there are insufficient grounds for holding a Child Protection Conference, or where one has been held but the child is not subject of a Child Protection Plan as a result, a multi-agency approach will still be needed if the child/young person who harms needs are complex.

In such cases a multi-agency planning meeting should be convened by Children’s Social Care to pool information, allocate roles and set a time-table for an assessment of the needs of the child and the risk posed by them, as well as to coordinate any other interim intervention.

Those invited should include participants of the Strategy Discussion and representatives from health (including child and adolescent mental health services), school and any other appropriate service provider, the child and her/his parents / carers.

In cases where the young child who harms is also Looked After, consideration should be given to the need for a plan to minimise risk of future offending, agreed with the child’s carers and their agency.

On completion of the assessment, the same forum will be reconvened to consider the outcome, to identify a Lead Professional and the roles of relevant agencies in providing any identified intervention, including specialist input with regard to young people with special needs.

This may include action to address the risk posed to other children in contact with the alleged child who harms well as the identified victim.

Care must be taken to provide services culturally appropriate to the needs of the child and the family.

Intervention should be reviewed at regular multi-agency meetings at intervals of no more than six months.

At the point of closure, the review will consider the possible need for long-term monitoring and the availability of advice and other services.

Young people with inappropriate sexual behaviour who may pose a risk to children with whom they have contact or who are re-entering the community following a custodial sentence or time in secure accommodation, or who move into an area from another local authority also require such a multi-agency assessment / intervention – see Risk Management of Known Offenders and Those who Pose a Risk section.

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1. Introduction

We have made significant strides in reducing the criminalisation of children and young people…This is a credit to the agencies and practitioners involved. However, although the vast majority of looked-after children and care leavers do not get involved with the justice system, they remain over-represented compared to others in the criminal justice system…This is a challenge we must meet. National Protocol on Reducing Unnecessary Criminalisation of Looked-After Children and Care Leavers (gov.uk)

This local protocol represents a Sussex multi-agency partnership commitment to reducing the criminalisation of Sussex’s Children in Care and care leavers and reflects the principles of the National Protocol by setting out how it will be implemented locally.

It has been developed to meet local circumstances and builds upon what is already established practice to support our most vulnerable children. This approach has been developed through a multi-agency steering group which have brought together representatives of partner agencies who are key to supporting children and young people and those who are key to the criminal justice system.

In addition to children and young people in care and those young people who have experienced care (care leavers), this local protocol also seeks to reduce unnecessary criminalisation of care leavers up to the age of 25.

2. Key Principles

Every effort should be made to avoid the unnecessary criminalisation of children in care and care leavers, including through early intervention and prevention services. This is in recognition that many children in care and care leavers transitioning to adulthood have experienced abuse and trauma, affecting their emotional and behavioural development, potentially making them particularly vulnerable to involvement in the criminal justice system, and that criminalisation can be a barrier to successful transition to adulthood and future life prospects.

The primary objective is for agencies to work together to prevent and reduce:

  1. offending; and
  2. the unnecessary criminalisation of vulnerable children and care leavers, accepting that children’s welfare and safety are paramount.

It is every professional’s responsibility when working with children to strive to understand the underlying causes of a young person’s behaviour.

All professionals, including social workers, teachers, police officers, foster parents, children’s home staff and YOT workers, will strive to ensure that any special educational needs (including communication and interaction, cognition and learning and social, emotional and mental health difficulties) have been identified and should be acknowledged and addressed in the management of the response to the behaviour.

Understanding the needs and perspective of the child or young person at the centre of an incident and listening to their voice should be central to all agencies practice and their response to incidents involving children in care and care leavers.

Whilst this protocol aims to prevent and reduce offending and avoid criminalisation of children in care, victims and communities have a right to be protected from all types of offending. Therefore, where the vulnerable do offend, it is important that the rights and needs and interests of victims are given due consideration in any decision-making process relating to the offending of children.

De-escalation and restorative approaches should underpin response to negative behaviour to help avoid the prosecution of children in care and care leavers wherever possible. Sussex Police and partners will seek opportunities to provide evidence based interventions for this cohort, paying particular attention to offences such as drug possession, which contribute to long term health inequalities. We are also mindful that children with a lack of trust in the police should not be disadvantaged, and seek to successfully implement the No Comment Pathway.

Restorative Justice (RJ) is a process whereby the victim has an opportunity to be heard and state the impact of the behaviour, and the offender has the opportunity to understand the consequences of and take responsibility for their actions. Such RJ approaches can take place informally within the care placement in response to an incident (where police involvement is not required) or as part of a recognised police outcome where it is considered to be appropriate.

Restorative and diversionary approaches should underpin responses to incidents, whether the behaviour occurs in a child’s placement or the wider community.

Children and young people already within the youth and criminal justice systems need protection from escalation and these principles apply equally to them. Persistent and more serious offending can indicate that the young person has significant unmet needs and responses to offending should recognise this.

Children and young people on remand or custodial sentence are often highly vulnerable. Planning for the through-care and resettlement of young people on remand or serving a custodial sentence should start from their entering their remand placement, or custodial establishment, and involve all relevant professionals in their lives.

Support for children and young people is individualised and based on their unique needs and circumstances.

Professionals working with care-experienced young people should understand the impact of abuse and trauma on development, particularly with regard to emotional development and the ability to regulate behaviour.

All agencies should understand the specific needs of children and young people (both UK and foreign nationals) who have been trafficked or are victims of modern slavery.

Agencies should contribute and agree to the joint understanding of factors which increase the risks of young people becoming criminalised. This information should be used to target prevention efforts effectively.

The views of children in care and care leavers should be sought when commissioning health services, including accessing support services for both physical and mental health needs. This should include but not solely encompass neurodevelopmental conditions such as Autism Spectrum Conditions, Attention Deficit Disorders, and foetal alcohol spectrum. These conditions will impact on children’s cognition, understanding, communication and therefore their capacity. Some studies have suggested the prevalence of such conditions in individuals who interact with the criminal justice system may be as high as 30%. In addition to this the children in care population may have an incidence of neurodevelopmental disorders up to 72%. Therefore, children who are both in care and coming into contact with youth justice services are very likely to have at least one of these conditions.

Health services have a duty to give parity of esteem to the mental health needs as to the physical health of children and young people and to assist partner agencies to understand how children can best be supported to divert them from criminal behaviour.

In order to thrive, children and young people have certain key needs that good parents generally meet. The corporate parenting principles set out seven principles that local authorities must have regard to when exercising their functions in relation to children in care and young people, as follows:

  • to act in the best interests, and promote the physical and mental health and wellbeing, of those children and young people;
  • to encourage those children and young people to express their views, wishes and feelings;
  • to take into account the views, wishes and feelings of those children and young people;
  • to help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners;
  • to promote high aspirations, and seek to secure the best outcomes, for those children and young people;
  • for those children and young people to be safe, and for stability in their home lives, relationships and education or work; and
  • to prepare those children and young people for adulthood and independent living.

Directors of Children’s Services and Lead Members for Children should ensure that relevant partners understand how they can assist local authorities apply the principles in relation to the services those partners may provide. ‘Relevant partners’ include local policing bodies and Chief Officers of Police, local probation boards and probation services, youth offending teams, clinical commissioning groups, NHS England, schools and educational institution,

3. Prevention

All agencies understand that preventing children in care and care leavers from ever becoming involved with the criminal justice system significantly helps with providing them with the best outcomes.

Ensuring children in care and care leavers have the right placements that meet their identified needs will significantly contribute to prevention. Placements have to be based on as full an assessment of the child’s social, educational, health and other needs as possible and the networks in place to support those needs being met. Where availability of placements can differ, it is important that suitability is not compromised and that placements are registered, safe and stable. Analysis of the ACES (Adverse Child Experiences) of a child and the issues in contextual safeguarding are fundamental to effective prevention work with the child.

It is important that agencies recognise the vital role of early intervention and prevention in reducing criminalisation of children in care and care leavers. Services should co-develop an approach that includes: prevention, early intervention and appropriate response where children and young people do offend. As health is a universal service they are crucial is identifying needs at an early stage and providing preventative and early help work.

Children in care and care leavers interact with a whole range of agencies and professionals and it is important that all of them understand the reasons why children in care and care leavers may behave in particular ways which are different to the universal population; key to this is their understanding of the impact of adverse childhood experiences and trauma on children, young people and adults.

It is reported that 71% of children in care who are criminalised have emotional or behavioural health concerns compared to 51% of all children in care. Many children in care often display the most challenging behaviour due to their pre-care adverse childhood experiences (ACEs). This can be exacerbated by experiences in care and/or other problem ongoing in their lives. ACEs are potentially traumatic events that can have negative, lasting effects on health and well-being.

A key part of this protocol is to promote awareness raising of why children in care and care leavers need to be specifically considered when making decisions about involvement of the criminal justice system. This will be done through the development of a range of multi-agency training options; face to face, e learning and building into current training packages the agreed approach for children in care and care leavers as set out in this protocol and the reasons for that.

To reduce the likelihood of incidents occurring, and young people coming into contact with the criminal justice system, agencies will commit to the following:

  • the local authority will make every effort to ensure children and young people have the right, stable placement to meet their needs;
  • where a risk of potential criminality is identified, local authority care plans and pathway plans should be geared towards mitigating this risk;
  • it is recognised that caring for and managing children and young people with behaviour which can be perceived as difficult or challenging can be an integral feature of work within care placements;
  • there will be a presumption that as for any reasonable parent, corporate parents such as foster carers, residential staff and carers and staff working in supported accommodation provision will generally manage negative behaviour ‘in-house’. They will receive the right training to enable them to do so;
  • agencies should proactively pursue coordinated prevention initiatives, such as the Youth Offending Team’s Prevention and Diversion Scheme. The progress of such initiatives should be shared with relevant partners;
  • where a risk of potential criminality is identified, education and training settings should consider how they are able to engage children and young people and divert them from criminal activity. This could be achieved through the setting’s own expertise, Early Help services or through the support of external agencies such as The Community Initiative to Reduce Violence;
  • the child’s behaviour should be seen wherever possible in the context of their developmental stage rather than their chronological age. In view of both the high levels of learning and neurodevelopmental difficulties in this age group, but also the direct effect of trauma on development of executive function;
  • all children in care have statutory health assessments and reviews that enable identification of any physical and mental health needs that need support or intervention. Multiagency reviews should ensure that health plans are progressed. Children in care have higher rates of mental health difficulties than their peers and may have experienced many traumas in their lives. As well as providing direct mental health assessments and interventions, CAMHS clinicians can provide consultation to social workers, youth offending workers, and others in the criminal justice system to help support the development of a holistic plan for the child’s welfare and safety;
  • foster carers, residential staff and carers and staff working in supported accommodation contribute to reducing the risk of substance related harm for children.

Addressing drug and alcohol use will improve a young person’s health and reduce associated anti-social/criminal behaviour. There are a range of holistic specialist interventions available that children in care and care leavers should be supported to access, based on their personal circumstances.

4. Responding to Incidents in Placements

4.1 Immediate risks to safety and the role of the police

Police should be called to incidents where there is an unacceptable and unmanageable level of risk to personal safety and where it is deemed highly unlikely that order will be restored without police assistance. Immediate police response will be required for incidents of serious violence or serious dangerous disorder where children, residential staff, foster parents or carers are at risk of immediate serious physical harm. In such situations, carers/placement providers should contact the police via the 999 system.

As per Crown Prosecution Service guidance, the police should complete the 10 Point Checklist when attending an incident.

Staff and carers need to consider the nature and seriousness of the incident before deciding whether to involve the police immediately, at a later stage, or whether to involve them at all. If appropriate a referral or update should be made to mental health support services.

In circumstances where an offence / incident does not pose any immediate safety risk (and where victim/s indicate that they do not wish to make statements in support of potential charge / prosecution) then such incidents should be recorded and managed internally, without the need to involve the police.

It should be recognised that each individual case should be assessed with a regard to whether or not there is an immediate risk to personal safety, being mindful that arrest and subsequent contact with the criminal justice system brings its own risks for children.

If the decision to call the police is made, then, upon the arrival of the police at the scene, a joint consultation (police and carer) should inform whether arrest is necessary and proportionate. The decision to arrest will remain with the Police.

Where police are notified of an incident, they will record it in accordance with the National Crime Recording Standard (NCRS) if it meets the standard for recording a crime.

They may or may not attend depending on the nature of the incident. Recording a crime that meets the threshold is absolute, but the decision to attend and or investigate, and utilise a number of different options for intervention is a subjective decision by the police, based on threat, harm, risk and proportionality.

If called to an incident, the police should act according to the following principles:

  • police have a wide range of discretionary powers to apply, ranging from the use of a legal power to an informal resolution (such as community resolution). Where the police are required to record an incident as a crime but feel further action (other than safeguarding) is not in the public interest, they have the subjective discretion to resolve the report accordingly by applying Outcome 21 from the National Police Outcomes Framework
  • similarly, if further action is not in the public interest but it is felt that the young person would benefit from intervention, an Outcome 22 could be advised and referred to Prevention and Diversion Scheme within YJS, or other local services to offer relevant interventions;
  • children and young people should only be taken to a police station custody as an absolute last resort. However, where this is necessary, they should be adequately and promptly supported by their responsible local authority or care setting. Police, social workers, health services, education staff and carers should also consider what will happen when the child is discharged from the station. A police station is a very poor environment for children, so partners should ensure a plan to place the child promptly into a more suitable environment is in place;
  • in circumstances where informal community resolution is inappropriate, the police should always consider alternatives to charging;
  • police officers are trained in vulnerability, and have access in their role to a huge range of people, places and buildings. Even if not in relation to their original deployment, officers are expected to be responsive to Adverse Childhood Experience triggers, and initiate referral’s to Early Intervention Opportunities for children who may be at risk in the future;
  • any action of a young person should be considered as to whether their behaviours are due to exploitation or human trafficking or modern slavery;
  • where agencies are designated organisations, they should understand their responsibilities under the Modern Slavery Act such as the National Referral Mechanism and Duty to Notify;
  • the agency should make a referral to the National Referral Mechanism. If they are a victim of trafficking or modern slavery, the non-prosecution principle 8 within the Modern Slavery Act 2015 should be considered and, if appropriate, applied;
  • if referred to the Crown Prosecution Service, pre-charge or post charge, relevant detail regarding the young person must be included in the file such as their history, known behavioural issues resulting from trauma and so on. The completed 10 Point Checklist must also be included;
  • where a child or young person has been arrested, upon release from custody the officer in charge of the investigation is to consult with the relevant partners to develop a safe release strategy.

4.2 Inappropriate response to behaviour

Inappropriate response to behaviour which can be perceived as challenging can contribute to the breakdown of placements and can be linked to a drift into criminal and exploitative sub-cultures across the country. This impacts not only the likelihood of placements remaining stable and achieving successful outcomes, but the future of care leavers who are dramatically over-represented in the prison population.

5. Support for Children and Young People in the Criminal Justice System

5.1 A child in care or care leaver has entered the criminal justice system

Where a child in care or care leaver has entered the criminal justice system the overarching aims of all professionals are as follows:

  • reducing the likelihood of reoffending;
  • children in care / care leavers are not disadvantaged because of their legal status;
  • confronting young people with the consequences of their offending;
  • tackling risk factors for the young person;
  • ensuring justice is proportional and swift;
  • encouraging reparation;
  • identification and disruption of any third parties responsible for that child being drawn into criminality

5.2 A child in care or care leaver is charged with an offence

If a child in care or care leaver is charged with an offence:

  • the local authority must ensure the young person is supported to understand what is happening and is legally represented by a solicitor with expertise in youth justice;
  • if the child has an Independent Child Trafficking Advocate, they should be advised and be able to attend court to further support the child;
  • children and young people who appear in court must be accompanied by their social worker or personal adviser;
  • as per the Concordat on Children in Custody, all professionals should seek to avoid young people being held in police cells overnight where possible;
  • in cases where bail is refused due to issues such as witness intimidation, moving the young person away from the geographic area of risk is preferable to them being held on remand;
  • a working arrangement between the Youth Offending Service and the local authority Placement Management Team should be developed to avoid situations whereby bail or remand to local authority accommodation is refused by the court due to no suitable address being available. Where it is not possible to implement a placement package on the day of court, agencies should work together to enable an early bail application with a robust package of support.

5.3 Custodial or community sentence is likely

If a custodial or community sentence for the young person is likely:

  • Youth Offending Services and the local authority, including Independent Reviewing Officers, should continue to work closely together, share information and clarify their roles and responsibilities to ensure the young person receives the support they need;
  • children and young people should be visited by their social worker or personal adviser within a week of entering custody. Visits thereafter should take place at least 6-weekly, or at an appropriate frequency in light of their needs and length of sentence;
  • if a young person receives a custodial sentence the local authority should assess their needs whilst in custody and prioritise the identification of suitable post-sentence accommodation. Plans should consider the views of the young person;
  • children should receive healthcare provision that is at least equivalent to that available to their peers living in the community. Intercollegiate Healthcare Standards for Children and Young People in Secure Settings support high quality healthcare provision. They have most recently been refreshed in 2023 to consider changes to regulation, legislation, and professional guidance;
  • where a child or young person is due to be released from custody, their social worker/personal adviser and Youth Offending Service case manager must work together to co-ordinate arrangements for their release and subsequent support in the community. These arrangements should be developed in collaboration with the young person and tailored to their individual needs. The care/pathway plan and Notice of Supervision or Licence should be confirmed with the child well before release and include key details, such as living arrangements, arrangements for education or employment, financial support, and any supervision or licence requirements following custody;
  • children and young people in custody should be allocated the same social worker or personal adviser throughout their sentence wherever possible;
  • children subject of care orders remain cared for until they reach 18 and will still be subject to statutory reviews and visits. Children accommodated under s20 who are given a custodial sentence are no longer looked after, however a custody needs assessment should be completed to determine if ongoing support is required.

5.4 Support to reduce offending for those who do enter the criminal justice system

Despite all agencies best efforts, there will be instances where vulnerable children and young people including children in care and care leavers have to enter the criminal justice system. As per the National Protocol, where this does happen, it should be underpinned by the following principles.

If a child in care is charged with an offence:

  • when a child in care is charged with an offence, it is important that they are not disadvantaged because of their child in care status. Local authorities should therefore ensure there are viable alternatives to a child being remanded to a secure establishment;
  • the home authority must ensure that the young person is:
    • legally represented by a solicitor with expertise in youth justice;
    • supported to understand what is happening to them;
  • it is good practice for the child’s social worker to attend court with them, particularly on the day of sentence, to ensure that the child’s best interests are represented and that custody is used only as a last resort;
  • if the child has an independent Child Trafficking Advocate, they should be advised and be able to attend court to further support the child;
  • all local agencies / protocol partners should sign up and adhere to the Concordat on children in custody and seek to avoid holding children in care overnight in police cells where possible;
  • where a vulnerable child or young person is likely to be denied court bail the local authority will provide suitable accommodation and propose a Remand to Local Authority Accommodation in order to divert the children and young person from being remanded to Youth Detention Accommodation;
  • if a child in care receives a community sentence, their social worker and Youth Justice Service case manager should continue to work closely together, share information and clarify their roles and responsibilities to ensure the child receives the support they need;
  • if a custodial sentence is likely, the Youth Justice Service worker and the child’s social worker should work together to prepare the child, explaining what will happen and how they will be supported. The social worker should feed in any relevant information to the Youth Justice Service ahead of them preparing the pre-sentence report.

5.5 Children and Young People involved in Incidents outside Sussex

As a general principle, low level incidents occurring outside Sussex can be dealt with via a discussion with Sussex professionals. Otherwise, incidents are dealt with in the area where they occur.

Home local authorities must notify the receiving authority and health services that a child or young person is moving into their area either before the placement is made, or within five working days if an emergency placement, as required by Care Planning, Placement and Case Review (England) Regulations 2010.

All professionals should ensure that barriers to sharing information and communicating across areas or agencies are minimised.

Where a young person offends, it will be the duty of those in the area where the offence takes place to consult and discuss ways forward with the child’s responsible authority. This can include remitting the case back to the child’s home local authority area for decision to ensure that informed decision-making and appropriate action is taken to reduce the risk of repeat offending. After charging however, legal decisions cannot be remitted back to Sussex. This can only happen after a conviction.

6. Information Sharing

Information sharing is a vital component to safeguarding children. It is vital agencies develop an environment of information sharing that demonstrates to young people that agencies work together and keep each other informed of developments in order to serve children’s best interests.

Any practitioner can share relevant personal information about a child lawfully if it is to keep a child safe from harm, or to protect their physical, mental and emotional wellbeing. All practitioners should aim to gain consent to share information but should be mindful of situations where to do so would place a child at increased risk of harm.

Information may be shared without consent if a practitioner has reason to believe that there is good reason to do so, and that sharing the information will enhance the safeguarding of a child in a timely manner.

The information that could be shared between agencies for contextual safeguarding may include the following:

  • children and young people (both UK and foreign nationals) at risk of being sexually exploited (including regular updating of any CSE assessments), coerced in to criminal activity, or trafficked;
  • children and young people believed to be criminally active. Children and young people identified as criminally active being monitored including recording their clothing, times in and out of their home and any property appearing without formal recognition or identification;
  • areas identified as used by drug dealers in the locality of their placement;
  • sex offenders living in or near placements if relevant (including notification by police as part of information regularly provided to inform children’s home Location Review Risk Assessments);
  • grooming activity in the location;
  • gang activity in the location.

7. Governance and Monitoring

This protocol is overseen by the Pan Sussex Safeguarding and Child Protection Policies and Procedures Group.

Local authority Corporate Parenting Boards are designed to provide the necessary leadership to drive an ambitious and multi-agency approach to improving outcomes for children in care and care leavers. They must be confident that they have an accurate picture of offending by children in their care and should ensure systems are in place to identify all those who are offending whether placed within the home authority or outside.

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Flowchart: Action taken when a Child is Referred to Local Authority Children’s Social Care Services (taken from Working Together to Safeguard Children, Department for Education).

(Click on image to enlarge it)

A diagram of the action to be taken when a child is referred to the local authority's children social care. This in a summary of the process is set out in the Action on Receipt of Referrals chapter.

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1. General

All agencies need to ensure they are able to communicate fully with parents and children when undertaking child protection work and ensure that children, family members and professionals fully understand the exchanges that take place. If the family’s first language is not English and even if they appear reasonably fluent, the offer of an interpreter should be made, as it is essential that all issues are understood and fully explained.

Good safeguarding is built on a foundation of effective communication. it is essential that all children, young people and their parents carers have equal access to child protection and safeguarding support, advice and guidance. Effective interpreting is part of the Sussex Safeguarding Children Partnership Boards collective commitment to anti-discriminatory and anti-oppressive practice.

The use of accredited interpreters, signers or others with special communication skills must be considered whenever undertaking enquiries involving children and/or family:

  • for whom English is not the first language (even if reasonably fluent in English, the option of an interpreter must be available when dealing with sensitive issues);
  • with a hearing or visual impairment;
  • whose disability impairs speech;
  • with learning difficulties;
  • with a specific language or communication disorder;
  • with severe emotional and behavioural difficulties;
  • whose primary form of communication is not speech.

When taking a referral, social workers must establish the communication needs of the child, parents and other significant family members. This information must then be conveyed to the relevant teams who will be working with the child and/ or family. Relevant specialists may need to be consulted for example a language therapist, teacher of hearing impaired children, paediatrician etc.

If the use of a communication professional is declined by the family and/ or child, this should be clearly documented.

2. Communicating with Children and Families

The particular needs of a child who is thought to have communication problems should be considered at an early point in the planning of a Section 47 Enquiry (i.e. at the Strategy Discussion stage).

All interviews should be tailored to the individual needs of the child and a written explanation included in the plan about any departure from usual standards.

Professionals should be aware that interviewing is possible when a child communicates by means other than speech and should not assume that an interview, which meets the standards for purposes of criminal proceedings, is not possible.

Every effort should be made to enable such a child to give their account directly to those undertaking enquiries.

It may be necessary to seek further advice and assistance with the interview from professionals who know the child well or are familiar with the type of impairment they have for example paediatrician at the child development centre or for child’s school, social worker from the deaf services team or disabled children’s team.

Careful planning is required of the role of this adviser and the potential use of specialised communication equipment.

Achieving Best Evidence in Criminal Proceedings (Ministry of Justice) provides guidance on interviewing vulnerable witnesses, including those who are learning disabled and on the use of interpreters and intermediaries.

Interviews with witnesses with special communication needs are generally much slower. The interview may be long and tiring for the witness and might need to be broken into two or three parts, preferably, but not necessarily held on the same day.

A witness should be interviewed in the language of their choice and vulnerable or intimidated witnesses, including children, may have a supporter present when being interviewed.

Some children and families may speak English, but may not be able to read or write in English. Important documents and agreements must therefore be translated into the language in which the client is literate. Where the client is not literate the documents must be read to them and their understanding of the content confirmed by careful checking.

3. Who may act as Interpreters?

Suitable professionals are likely to be drawn from the following groups:

  • speech and language therapists;
  • teachers of the hearing impaired;
  • specialist teachers for children with learning difficulties;
  • professional translators (including people conversant with British Sign Language (BSL) for hearing impaired individuals);
  • staff from CAMHS;
  • specific advocacy / voluntary groups;
  • social workers specialising in working with disabled children and those in the deaf services team.

Generally speaking, it is not appropriate to use friends and family members as interpreters in child protection work although it may be appropriate to ask family members to clarify the child’s or person’s communication needs.

A child should never be used as an interpreter.

In the case of FGM, possible Forced Marriage or Honour Based Abuse, the interpreter must not have any connection with the family.

Interpreters used for child protection work should have been subject to references, DBS checks and a written agreement regarding confidentiality. Wherever possible they should be used to interpret their own first language and not have any significant links to the community in which the family lives.

Wherever practicable the same interpreter should be used throughout the course of any involvement with a child or family, in order to ensure continuity and to encourage an effective working relationship.

The interpreter is not:

  • an advisor;
  • a consultant;
  • a messenger;
  • an advocate;
  • a friend; or
  • the Lead Professional.

4. Preparing Interpreters

Social workers need to first meet with the interpreter to explain the nature of the investigation, the aim and plan of the interview, and clarify:

  • the interpreter’s role in translating direct communications between professionals and family members;
  • the need to avoid acting as a representative of the family. Interpreting should as far as possible be a neutral communication channel;
  • when the interpreter is required to translate everything that is said / signed and when to summarise;
  • that the interpreter is prepared to translate the exact words where possible that are likely to be used – especially critical for sexual abuse;
  • there needs to be consideration of the fact that some words and terminology used in English is not readily translated into other languages
  • when the interpreter will explain any cultural issues that might be overlooked (usually at the end of the interview, unless any issue is impeding the interview);
  • the interpreter’s availability to interpret at other interviews and meetings and provide written translations of reports (taped versions if literacy is an issue);
  • there should be consideration about the most appropriate means by which to hold the meeting/s. Whilst it is preferrable for meetings to take place face to face, it is recognised that sometimes virtual or telephone meetings may be more expedient;
  • the interpreters cultural beliefs and views on issues such as domestic abuse, substance misuse, mental health and any other safeguarding children aspects may need to be discussed and explored before the interpreter undertakes the work with the child or adult. Consideration may also need to be given to issues around religious / cultural beliefs and gender;
  • the interpreter should also be supported to be prepared for any session which may have potentially difficult / distressing content.

5. Preparing Children

The particular needs of a child whose first language is not English should be considered at the beginning of any intervention or enquiry.

Professionals should not assume that an interview is not possible or that it may not meet the legal standards required to be admissible in court.

Building trust with a child will take time, particularly if they have been told not to talk about some issues.

A child may become anxious, distressed or over tired and regular breaks should be offered.

Prior advice and information should be sought from professionals who know the child well or are familiar with any specific communication needs.

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Date of last review –  December 2020.

This policy is under review.

1. Introduction

This guidance is intended to complement existing single agency procedures designed to support and protect staff working with aggressive people. It helps professionals to identify parents and carers who are hostile, aggressive, or using disguised compliance techniques as a mechanism to keep professionals at a distance; or attempting to persuade professionals that sufficient change has occurred or is occurring to reduce the need for further intervention. There can be a wide range of uncooperative and/or reluctant behaviours by families towards professionals who are working with them. From time to time, agencies will be liaising with families who appear to co-operate, (disguised compliance) or with those families who are more obviously reluctant or sometimes angry or hostile in response to their approaches.

In extreme cases, professionals can experience intimidation, abuse, threats of violence and actual violence. The child’s welfare should always remain paramount. Where professionals feel intimidated by and/or worried about confronting a family, they must also consider what life is like for a child in that family.

All agencies should support their staff by:

  • ensuring professionals are trained for the level of work they are undertaking;
  • publishing a clear statement about unacceptable behaviour by those accessing their services (such as seen in hospitals and on public transport);
  • providing training to enable staff to respond as safely as possible to risky or hostile behaviour in their target client group;
  • supporting staff to work to their own professional code of conduct or their agency’s code of conduct when responding to risky or hostile behaviour in their client group.

2. Definition

Families may display a wide range of uncooperative behaviour towards professionals, ranging from disguised compliance to reluctant or resistant or sometimes angry or hostile behaviours. In extreme cases, family members may intimidate, abuse or make threats of, or carry out acts of, violence.

This includes a range of uncooperative behaviours:

  • ambivalence: can be seen when people are always late for appointments, or repeatedly make excuses for missing them; when they change the conversation away from uncomfortable topics and when they use dismissive body language. Ambivalence is the most common reaction and may not amount to uncooperativeness;
  • avoidance: a prevalent method of uncooperativeness, including avoiding appointments, missing meetings, and cutting visits short due to other apparently important activity (often because the prospect of involvement makes the person anxious and they hope to escape it). The individual/family may have difficulty, have something to hide, resent outside interference or find staff changes another painful loss. They may face up to the contact as they realise the professional is resolute in their intention and may become more able to engage as they perceive the professional’s concern for them and their wish to help;
  • confrontation: includes challenging professionals, provoking arguments, extreme avoidance (e.g. not answering the door as opposed to not being in) and often indicates a deep-seated lack of trust leading to a ‘fight’ rather than ‘flight’ response to difficult situations. Parents may fear, perhaps realistically, that their children may be taken away or maybe reacting to them having been taken away. They may have difficulty in consistently seeing the professional’s good intent and be suspicious of their motives. It is important for the professional to be clear about their role and purpose, demonstrate a concern to help, but not to expect an open relationship to begin with. However, the parent’s uncooperativeness must be challenged, so they become aware the professional / agency will not give up. This may require professionals to cope with numerous displays of confrontation and aggression until eventual co-operation may be achieved;
  • violence: threatened or actual violence by a small minority of people is the most difficult of uncooperative behaviours for the professional/agency to engage with. It may reflect a deep and longstanding fear and projected hatred of authority figures. People may have experience of getting their way through intimidation and violent behaviour. The professional/agency should be realistic about the child or parent’s capacity for change in the context of an offer of help with the areas that need to be addressed.

Families may be uncooperative with professionals for several reasons:

  • not wanting their privacy invaded;
  • having something to hide;
  • do not think that there is a problem;
  • cultural differences;
  • resent outside interference;
  • area of concern has not been made clear by the social worker;
  • lack of understanding about what is expected of them;
  • lack of understanding of jargon used by professionals;
  • a parent’s / caregiver’s cognitive capability is impaired, and they may be unclear about what is happening;
  • professional appears anxious or lacking in confidence, and the family does not have confidence in them;
  • previous (negative) experience of professional involvement;
  • staff churn – recent change/s of professionals working with family;
  • fear or distrust / dislike of authority figures;
  • fear that the children may be removed (from the family’s care);
  • fear of being judged to be poor parents/caregivers because of, for example substance misuse, alcohol misuse and mental health problems issues;
  • a feeling that they have nothing to lose, for example where the children have been removed.

3. Impact on Assessment

Accurate information and a clear understanding of what is happening to a child within their family and community are vital to any assessment. It is important that focus on the children is not lost.

Engaging with a parent and/or other caregiver who is resistant or even violent and/or intimidating is more difficult. The behaviour may be deliberately used to keep professionals from engaging with the parent and/or other caregiver and can have the effect of keeping professionals at bay. As a result, there may be practical restrictions to the ordinary tools of assessment (e.g. seeing the child on their own, observing the child in their own home etc.) The usual sources of information/alternative perceptions from other professionals and other family members may not be available because no-one can get close enough to the family.

Professionals from all agencies should explicitly identify and record what areas of assessment are difficult to achieve and why and record what plan of action is to be taken.

The presence of violence or intimidation needs to be included in any assessment of risk to the child living in such an environment.

3.1 Impact on assessment of the child

The professional needs to be mindful of the impact the hostility to outsiders may be having on the day-to-day life of the child. Professionals and their supervisors should keep asking themselves the question: what might the children have been feeling as the door closes behind a professional leaving the family home? Professionals in all agencies should consider:

  • whether the child is keeping ‘safe’ by not telling professionals things;
  • whether the child has learned to appease and minimise;
  • whether the child is blaming themself;
  • what message the family is getting if the professional / agency does not challenge the parent/s;
  • whether the child is too frightened to tell;
  • whether the child identifies with the aggressor.

The following additional considerations may help when assessing the extent of the hostility of the parent/carers is having on the assessment of the child:

  • Has the child learned to minimise or blame themselves?
  • Who else is living in the house? Have they been spoken to?
  • What might the child have felt when the door close after a professional has visited?
  • Is information being minimised by the family and potentially the professional who colludes in order to avoid confrontation?)
  • Are meetings focused on less controversial matters (for example, where the professional and the family have an agreed approach) which results for example in the child not being seen alone.

3.2 Impact on assessment of the adults

To assess to what extent, the hostility of the parent/s / caregivers is impacting on the assessment of the child, professionals in all agencies should consider whether they are:

  • colluding with the parent(s) by avoiding conflict;
  • filtering out or minimising negative information;
  • placing undue weight on positive information (the ‘rule of optimism’) and only looking for positive information;
  • keeping quiet about worries and not sharing information about risk and assessment with others in the inter-agency network or with managers.

3.3 Drawing up a contract of expectation / written undertaking

A ‘Contract of Expectation’ or a ‘Written Undertaking’ is an agreement regarding a specific issue where a practitioner has concerns that require an undertaking from a parent or carer that something will or will not happen.

Such agreements do not constitute an arrangement for partnership working and these are not to be confused with a ‘Written agreement’.

They act as a means of outlining an expectation of a parent or carer made by Children’s Services in order to inform the parent or carer and other agencies of a specific risk or concern and how to act should the expectations outlined not be met. This leaves the parent/carer in no doubt about the actions they do /don’t take, will impact on the plan for the child. It may be appropriate to use a ‘Contract of Expectation’ or a ‘Written Undertaking’ alongside a wider written agreement to cover a specific concern.

4. Impact on Multi-Agency Work

Sometimes parents may be hostile to specific agencies or individuals. If the hostility is not universal, then agencies should seek to understand why this might be and learn from each other. The risks are of divisions opening between the professionals/agencies, with tensions and disagreement taking the focus away from the child.

Where hostility towards most agencies is experienced, this needs to be managed on an inter-agency basis; otherwise the results can be as follows:

  • everyone ‘backs off’, leaving the child unprotected;
  • the family is ‘punished’ by withholding of services as everyone ‘sees it as a fight’, at the expense of assessing and resolving the situation for the child;
  • there is a divide between those who want to appease and those who want to oppose – or everyone colludes.

The risk is that relationships between agencies can become fractured and result in taking the focus away from safeguarding the child.

4.1 Ensuring effective multi-agency working

Any professional or agency faced with incidents of threats, hostility or violence should routinely consider the potential implications for any other professional or agency involved with the family in addition to the implications for themselves and should alert to the nature of the risks. Information sharing is crucial to protect professionals and children. Agencies should all work together to share information so that issues such as complaints do not undermine effective inter-agency working and / or impede child protection processes (see also Information Sharing and Confidentiality section).

Regular inter-agency communication and trust is essential to all agencies being aware of the risks of targeting specific professions/agencies. Evaluate the context of the adult’s behaviour – consider whether the hostile behaviour was linked to specific circumstances (for example, mental health problems or substance misuse).

4.2 Supervision and support

Supervision and support from managers in working with uncooperative families is essential (see Agency Roles and Responsibilities chapter and Supervision and Management of Staff chapter).

Each agency should have a supervisory system in place that is accessible to the professional and reflects practice needs. Supervision discussions should focus on any hostility being experienced by professionals or anticipated by them in working with families and should address the impact on the professional and the impact on the work with the family.

When working with families who may be uncooperative or hostile, it is vital that professionals remain child-focused and consider the impact on the child and the child’s perspective on what is happening.

Professionals in different settings and tiers of responsibility may have different thresholds for concern and different experience of having to confront difficult behaviour. It is vital the differing risks and pressures are acknowledged and supported.

4.3 Multi-agency meetings

Working with hostile and uncooperative parents is complex, and for meetings to be successful, the following questions should be considered:

  • discussing with the chair of the meeting the option of excluding the parents from a meeting if the quality of information shared is likely to be impaired by the presence of threatening adults;
  • convening a meeting of the agencies involved to share concerns, information and strategies and draw up an effective work plan that clearly shares decision-making and responsibilities. If such meetings are held, there must always be an explicit plan made of what, how and when to share what has gone on with the family. The aim should always be to empower professionals to become more able to be direct and assertive with the family without compromising their own safety (see also Information Sharing and Confidentiality section);
  • convening a meeting to draw up a clear risk reduction plan for professionals and in extreme situations, convening repeat meetings explicitly to review the risks to professionals and to put strategies in place to reduce these risks:
  • joint visits with police, colleagues or professionals from other agencies:
  • debriefing with other agencies when professionals have experienced a frightening event.

Although working with hostile families can be particularly challenging, the safety of the child is paramount. If professionals feel intimidated and/or are worried about having challenging and courageous conversations with the family, consider what life is like for the child.

5. Response to Uncooperative Families

When a professional begins to work with a family who is known, or discovered, to be uncooperative, the professional should make every effort to understand why a family may be uncooperative or hostile. This entails considering all available information, including whether an assessment (e.g. under the common assessment framework) has been completed and whether a Lead Professional has been appointed.

5.1 Respecting families

Families may develop increased resistance or hostility to involvement if they perceive the professional as disrespectful and unreliable or if they believe confidentiality has been breached outside the agreed parameters.

Professionals should be aware that some families, including, e.g. those recently arrived from abroad, may be unclear about why they have been asked to attend a meeting, why the professional wants to see them in the office or to visit them at home. They may not be aware of roles that different professionals and agencies play. They may not be aware that the local authority and partner agencies have a statutory role in safeguarding children, which in some circumstances override the role and rights of parents (for example child protection).

Professionals should seek expert help and advice in gaining a better understanding when there is a possibility that cultural factors could result in a family being resistant to having professionals involved.

Professionals who anticipate difficulties in engaging with a family may want to consider the possibility of having contact with the family jointly with another person in whom the family has confidence. Any negotiations about such an arrangement must be underpinned by the need for confidentiality in consultation with the family.

Professionals need to ensure that parents understand what is required of them and the consequences of not fulfilling these requirements throughout. Professionals must consider whether:

  • a parent / caregiver has a low level of literacy, and needs both verbal and accessible written communication;
  • a parent’s / caregiver’s cognitive capability is impaired, and they may not be fully aware of what is happening;
  • a parent / caregiver needs translation and interpretation of all or some communication into their own language;
  • it would be helpful to a parent / caregiver to end each contact with a summary of what the purpose has been, what has been done, what is required by whom and by when in a way which is accessible to the individual.

6. Dealing with Hostility and Violence

Despite sensitive approaches by professionals, some families may respond with hostility, and sometimes this can lead to threats of violence and actual violence.

It is critical both for the professional’s personal safety and that of the child that risks are accurately assessed and managed.

Threats can be covert or implied (e.g. discussion of harming someone else), as well as obvious. To make sense of what is going on in any uncomfortable exchange with a parent, it is important that professionals are aware of the skills and strategies that may help in difficult and potentially violent situations.

6.1 Making sense of hostile responses

Professionals should consider whether:

  • they are prepared that the response from the family may be angry or hostile. They should ensure they have discussed this with their manager and planned strategies to use if there is a predictable threat (for example an initial visit with police to establish authority):
  • their approach and interactions with the family might have aggravated the situation, for example by becoming angry or acting in a way that could be construed as being patronising or dismissive;
  • the hostility is a response to frustration, either related or unrelated to the professional visit;
  • the parent / carer needs to complain, possibly with reason;
  • the parent’s / carer’s behaviour is deliberately threatening/obstructive/abusive or violent;
  • the parent / carer is aware of the impact they are having on the professional;
  • the person / family are so used to aggression they do not appreciate the impact of their behaviour;
  • this behaviour is normal for this person (which nevertheless does not make it acceptable);
  • the professional’s discomfort is disproportionate to what has been said or done;
  • the professional is taking this personally in a situation where hostility is aimed at the agency.

6.2 Impact on professionals of hostility and violence

Working with potentially hostile and violent families can place professionals under a great deal of stress. It can have physical, emotional and psychological consequences, which may impact on their capability to make effective decisions.

6.3 Keeping professionals safe

Professionals have a responsibility to plan for their safety, just as the agency has the responsibility for trying to ensure their safety. Professionals should consult with their line manager to draw up plans and strategies to protect their safety and that of other colleagues. There should be clear protocols for information sharing (both internal and external). Agencies should ensure that staff and managers are aware of where further advice can be found

If threats and violence have become a significant issue for a professional, the line manager should consider how the work could safely be progressed, document their decision and the reason for it.

Managers have a statutory duty to provide a safe and working environment for their employees under Health and Safety at Work legislation.

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Reviewed November 2024.

Date of next review November 2026.

1. Introduction

This procedure sets out the actions to be taken in relation to children and families who move across local authority boundaries, either on a temporary or permanent basis. This procedure is to be used where there is contact with the family by the statutory agencies and some degree of concern for the child.  Where there are no concerns for a child or family normal processes are followed to set up universal services.

These procedures inevitably will not cover every eventuality but aim to guide best practice and expectations. At all times the interests of the children involved must take precedence and all efforts should be made to avoid discussions around jurisdiction causing delays to supporting any children.

Where a child moves and the family cannot be located, the Joint Policy for Children Missing should also be followed.

2. Definitions

The term ‘Originating Authority refers to the Authority in which the child previously lived, and ‘Receiving Authority’ to the Authority to which the child has moved.

3. Principles

The Sussex Safeguarding Children Partnerships are dedicated to working seamlessly across all geographical boundaries.

The Sussex Safeguarding Children Partnerships aim to:

  • ensure that safeguarding practices and protective measures are not disrupted as children move from one area to another.
  • promptly and accurately share relevant information between different safeguarding partnerships in different regions.
  • foster strong working relationships between different safeguarding agencies and professionals across regions.
  • establish clear procedures when children move across regions.

4. Indicators of Risk

Moving across Local Authority borders can, along with the indicators of risk of significant harm set out in the Recognition of Abuse and Neglect Procedure, be a safeguarding concern in the following circumstances:

  • a family not being registered with a GP;
  • children missing from a school roll or persistently not attending;
  • homelessness, in so far as it impacts on the welfare of the child (such as living temporarily with friends, relatives or in a refuge);
  • inappropriate housing impacting on children’s welfare;
  • information held across a network of agencies with no single agency holding the whole picture of family history;
  • A & E departments offering treatment to a child who appears not to be engaged with primary health services;
  • children and/or/ their parents/carers with complex mental health needs;
  • children with complex medical conditions;
  • a pattern of avoidance of support services, or disguised compliance.

5. Responsibilities

The Children Act 1989 is clear about where the responsibility for safeguarding and promoting the welfare of  children lies (Section 17 and Section 47): it is with the Local Authority responsible for the area in which the child is to be “found”, i.e. where they are at the time that concern may arise, which will generally be where they are living.

5.1 Child has an existing plan, Child in Need, Child Protection or Child in Care

However, where a child has an existing plan, Child in Need, Child Protection or Child in Care, formal transfer processes should be followed. Responsibility for safeguarding the child will remain with Originating Authority (even though the child will have moved) until these transfer processes have been completed.

The Originating Authority will also retain responsibility for the child where the child(ren) are subject to a statutory order, for example an Interim or Full Care Order, Section 20, EPO or Police Protection powers.

5.2 Care leavers

Responsibility will be maintained by the Originating Authority for Care Leavers.

Where a child is a parent / expectant parent and is in care or there are care leaving care arrangements up to 25.

Where a child is a parent / expectant parent and is in care or subject to leaving care arrangements up to 25, The responsibility for these services remains with the Originating Authority, unless formally transferred.

The Receiving Authority will be responsible for responding to any concerns about the baby. The principles above around legal planning apply.

If the unborn baby is already the subject of a pre-birth child protection plan the arrangements for transferring the child protection plan must be followed.

5.3 Responsibility to provide / obtain information

Where Children’s Social Care is aware in advance of a child’s move, the social worker in the Originating Authority must, before the child’s move inform relevant agencies within the Originating Authority and the Authority which the child has moved into.

The social worker must also ensure that appropriate agencies in which the child is now living are aware of the child’s needs.

It is the responsibility of health and education agencies in the Originating Authority, before the child’s move, to provide information to their colleagues in the Receiving Authority.

If this information has not arrived by the time the child moves, it is the responsibility of the Authority to where the child has moved (once they become aware of the child’s arrival) to request the information.

6. Temporary Accommodation or Arrangements

As a general principle, if a family move into Emergency Accommodation provided by the Local Authority, this is normally for a short period of time, up to 56 days. This allows time for the housing duty to be initially assessed. The family may move back to their Originating Authority or another Local Authority area. If the family are open to Children’s Services, the Originating Authority would maintain their case responsibility during this Emergency Accommodation period. This avoids unnecessary ‘bouncing’ of case responsibility.

If this accommodation becomes Temporary Accommodation, which is often in place for an extended period of time, and the process of setting up local services such as schools and a GP has started, the Receiving Authority will start transfer processes.

If a family are in Emergency Accommodation in the receiving authority, placed by the Originating authority Housing Department, and not open to Children’s Services, in normal circumstances any new safeguarding concerns will be managed by the receiving authorities Front Door and action taken as necessary. If the family are likely to return to the Originating Authority during any subsequent assessment this will be referred back to the Originating Authority.

Where a family has only been resident in the Originating Authority for a short period of time, then the respective Authorities should consider who is best placed to undertake any assessment. For example where a family is moving across multiple areas in a short period of time.

Where the Originating Authority places a family in Emergency Accommodation in a Receiving Authority area, so out of their area, and subsequently Housing find that they do not have a Housing Duty to the family the concerns for the potential Homelessness for the children should revert to the Originating Authority.

7. Procedure: Child in Need

7.1 Procedure for the Originating Authority  – Child in Need

If a family with children or a child subject to a Child in Need Plan moves to another area, then the Originating Authority should notify the Receiving Authority that the family or child have moved and provide copies of relevant documentation:

  • copies of the most recent assessments of the child(ren);
  • copies of the child in need plan;
  • an up-to-date Social Work summary identifying the needs of each of the children;
  • if the children have previously had a Child Protection Plan, then the Originating Authority should ensure that the risks and protective factors are clearly described in the summary.

The Social Worker will:

  • ascertain the address where the child will be staying or moving to;
  • ascertain the dates of the move or travel;
  • ask for evidence of travel and accommodation arrangements
  • agree with the parents/ carers how they can be contacted e.g. mobile phone numbers

7.2 Procedure for Receiving Authority – Child in Need

The Receiving Authority must undertake the following actions:

  • the Front Door/ MASH must first ensure that full details of the incoming family members are obtained; and
  • full details of any previous assessments undertaken, including any financial responsibility exercised by the Originating Authority.

The Front Door / MASH or allocated Team who has accepted the referral must (within 15 days of first being notified of the move) inform the Originating Authority, what the proposed action is by the service and at this point take full responsibility for any CIN Plan. A CP Plan would transfer at the Transfer CP Conference.

8. Procedure: Child on a Child Protection Plan

The Social Worker will:

  • notify the relevant Head of Service and the  Child Protection Conference Chair and agree arrangements for contacting and visiting the child;
  • agree arrangements for the child to be seen every 10 working days;
  • discuss, if appropriate and not likely to increase the risk to the child, any concerns they may have in relation to the child going abroad on holiday (e.g. fears that the family may flee, Female Genital Mutilation, Forced Marriage, Trafficking, Child Sexual Exploitation, Radicalisation, Honour-Based Violence);
  • consider applying for a Prohibited Steps Order with legal services if there is significant concern about the child being at increased risk if they move area or are taken outside of the UK.

8.1 Action to be taken when a temporary or permanent move is planned or suspected

In any circumstance where a temporary or permanent move is planned or suspected, the social worker and the Core Group or Professional Network will consider implications for the child’s wellbeing and safety. The Child in Need or Child Protection Plan will be updated with any arrangements necessary to strengthen safety and the updated plan shared with the family and Core Group / Network.

The Social Worker and the Core Group or Professional Network remain responsible for implementing the Child Protection or Child in Need Plan until the above actions have been completed.

8.2 If the child subject to a Child Protection Plan is taken abroad without notice or planning

The social worker will inform the relevant authorities in the country of destination, seeking advice from Children and Family Services Across Borders CFAB | UK Branch of International Social Services  as necessary. The social worker should at once inform their Head of Service and Children’s Services Head of Safeguarding.

If a criminal investigation is underway, police will inform the relevant Police force abroad.

If the child does not return before the time the Review Child Protection Conference is due, it will go ahead with information gathered from relevant local agencies as well as the information gathered from Children and Family Services Across Borders. A decision whether the child should remain subject to a Child Protection Plan will be made and if so, a revised Child Protection Plan made.

8.3 Responsibility for the Child Protection Plan

Where there are significant concerns about a child, the transfer to another Authority should not deter the Originating Authority from initiating Care Proceedings.

The responsibility for a child on a Child Protection Plan remains with the Originating Authority until the Receiving Authority’s Transfer Conference. Following the Transfer Conference, the Originating Authority should end their Child Protection Plan and notify relevant agencies accordingly.

Transfer Child Protection Conference Arrangements are set out in the Transfer Child Protection Conference chapter.

9. Temporary Move of a Child on a Child Protection Plan

A temporary move could cover a range of situations from holiday stays to short stay placement moves to relatives or residential units; the circumstances should always be checked with the child’s Lead Social Worker.

Where it is known that the child has moved out of the area for a temporary period, consideration should be given to what information may need to be shared with agencies in the receiving area.

The Lead Social Worker in the Originating Authority must contact the temporary Receiving Authority to provide them with the relevant personal details and the last Child Protection Plan

It is the Originating Authority’s responsibility to ensure the Child Protection Plan continues to be implemented until the formal transfer has been agreed at a Transfer Conference.

Useful criteria to judge the permanency of a move will include security of housing, registration with a GP, enrolment in an education or early years provision

Where the originating authority is dealing with a child through the public law outline but proceedings have not been initiated pending further assessments, then case responsibility should remain with the originating authority.

If there is evidence of immediate or increased risk resulting from the move; or there is evidence that the family have only moved to avoid legal proceedings, then the originating authority should instigate proceedings immediately.

10. Section 47 and Strategy Meetings

Strategy Meetings should always be convened by the Local Authority where a child has suffered or likely to suffer harm. The Strategy Meeting will decide if a S47 is required, and which Local Authority will carry out these checks and assessment.

The Section 47 Enquiries procedure provides further guidance on the duty and arrangements for conducting such enquiries.

11. Information Sharing and Consent

Professionals do not need consent to share personal information. It is one way to comply with the data protection legislation but not the only way. The UK GDPR provides a number of bases for sharing personal information.

It is not necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child as this is part of the Public Task.

Particular care must be exercised by all agencies in contact with children and families moving across boundaries to collect and share accurate information for example:

  • ensuring that all forenames and surnames used by the family are provided, and clarification is obtained about the correct spelling;
  • ensuring that accurate dates of birth are obtained for all household members, where at all possible;
  • obtaining the previous full addresses, and earlier addresses within the last two years;
  • clarifying relationships between the child(ren) and other household members, if possible, with documentary evidence;
  • asking the child / family with which statutory or voluntary organisations they are receiving support from.

Professionals in Originating Authorities must ensure that their counterparts in the Receiving Authority have been sent a copy of all relevant records at the time of any transfer request.

Professionals in Receiving Authorities must ensure that they request relevant records from their counterparts in Originating Authorities when notified of the move.

Professionals in Receiving Authorities must ensure that they request relevant records from their counterparts in Originating Authorities when notified of the move.

You can read more about good information sharing in the Information Sharing Guidance.

12. Disputed Arrangements

If there are any disputes about the acceptance or transfer of cases, these should be resolved by managers and escalated through the management structure as necessary. Where disputes cannot be resolved, the Pan Sussex Dispute Resolution and Escalation Protocol should be followed. The principal of the needs of the child being paramount is important here and disputes should not cause unnecessary delay.

13. Other Circumstances requiring Cooperation across Local Authority Boundaries

13.1 Co-parenting arrangements

Where there is a co-parenting arrangement (however imbalanced) across two different local authority areas, the professionals in the two areas should jointly plan for the child’s safety. This will include an assessment of the child’s needs in both locations and an assessment of both parents. The Local Authority where the child is classed as having their main residence will be the responsible Local Authority.

13.2 Children who go missing

Where a local authority places a child in another local authority area who then goes missing the Missing Episode should be processed by the local authority area where the child is residing. In this regard the lead authority for processing missing episodes should be where the child is currently residing. There should be liaison between the two local authorities to agree which agency is best placed to complete the Return Home Interview, working on the basis that it is best practice for the interview to be conducted by the allocated social worker who knows the child. A record of the completed interview should be shared with the local authority in which the child resides and the respective Police force. The local authority with responsibility for the child should also share any updating actions to reduce likelihood of further missing episodes.

13.3 Child/ren (with or without carers) from outside the UK

The following applies to all children moving into the Local Authority from outside the UK, whether unaccompanied, with their family / relatives or with other adults (see also Safeguarding Children who Arrive from Abroad chapter).

13.4 Responsibility for recognition of child in need

All agencies that come into contact with the child must consider their welfare and whether or not they might be a Child in Need and justify a referral to Children’s Social Care  – see Making a Referral chapter.

The agencies include:

  • UK Visas and Immigration (UKVI);
  • Refugee council;
  • Housing services;
  • Health services;
  • Education services;
  • Children’s Social Care.

See also Child Victims of Modern Slavery and Trafficking chapter

13.5 Assessment

Children’s Social Care receiving the referral must undertake an Assessment of any child who appears to be a Child in Need in accordance with the Children Act 1989.

They should notify local Health Services and the Education Welfare Services of such a child.

As part of the Assessment, social workers should ensure that they:

  • use an interpreter if required;
  • see the child alone, where possible;
  • obtain a full history of the child / children and carers including place of birth, date of birth, relationships, where the child has been living with addresses and any significant events;
  • obtain records from other agencies in this country;
  • consider the possibility of obtaining information and / or records from abroad, including the use of Children and Families Across Borders (CFAB), Red Cross), unless initial enquiries suggest that this may create or exacerbate danger for the child and their family;
  • understand what significant events have occurred in the child’s life, the impact of these and any consequent therapeutic needs of the child.

Professionals from such agencies as health, social care services or the police should request this information from their equivalent agencies in the country / countries in which the child has lived. Information about who to contact can be obtained via the Foreign and Commonwealth Office or the appropriate embassy or Consulate based in London.

14. Responsibilities of Health Professionals

Information regarding children who meet the criteria outlined at the beginning of this procedure must be transferred between health trusts in a timely and appropriate manner. If a child is on a Child Protection Plan, or there is a relevant court order, or they are on a child in need plan, the records or information should be transferred directly to the office of the designated / named professional in the relevant trust.

The responsible worker / trust / department in the Receiving Authority should be notified at the earliest opportunity of the family’s move. Colleagues in other agencies and health trusts who have contact with the family should be informed of the move and given up to date information. Practitioners from the Originating Authority may be asked to provide a report or attend a Transfer Conference, this should be discussed, and an agreement reached regarding a response that best meets the needs of the child / family.

In all other circumstances, information should be shared following normal information-sharing agreements.

Children who need a paediatric assessment should be seen at a site that meets both the needs of the child and the service. It is essential that there be a discussion with the paediatrician before the Assessment to agree on appropriate action.

15. Responsibilities of Education Professionals

Any information relating to a child that meets the criteria described at the beginning of this procedure must be transferred between schools or other education settings in a timely and appropriate manner. If a child is on a Child Protection Plan or they are subject to a court order, or they are a Chid in Need– the child’s academic and all other records must be transferred to the named school and, if other education services are to be provided, in the first instance the senior area attendance officer. Depending on the admission arrangements, contact should be made with the relevant admission service to ensure the child is registered at an appropriate school immediately. If it becomes known that a child has moved into an authority without a recent education history the child must be tracked through the ‘DFE school 2 school’ service.

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A glossary of terms which have a technical significance or for which abbreviations have been used in the text, is provided in the Glossary resource.

To facilitate understanding of the procedures, users should note that the following social work related terms are used throughout the text:

  • child to refer to anyone under 18 years old;
  • children’s social care refers to the functional division within what have traditionally been termed social services departments which provide support, protection and care services to families and children;
  • social worker describes the practitioner with case responsibility (for children subject to a child protection plan this will be a registered social worker). Please note: you cannot call yourself a social worker unless you are registered;
  • duty social worker to describe the departmental point of contact with respect to new referrals, closed or unallocated cases or cover provided for the unavailability of a named member of staff;
  • supervising social worker (link or family placement worker or fostering officer) to describe the practitioner working with foster carers;
  • first line manager describes the team manager responsible for a team of social workers or her/his assistant, or practice manager / supervisor;
  • service manager refers to the second line manager to whom a first line manager reports (sometimes called operational manager);
  • child protection adviser to refer to the officer in Children’s social care who offers off line advice and / or provides chairing of child protection conferences (independent reviewing officer in Brighton & Hove);
  • senior child protection manager refers to the person responsible for the database of children subject to child protection plans, conference chairs and the provision of specialist advice, and child protection advisors.
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1. Introduction

The Children’s Social Care National Framework constitutes an integral component of the statutory guidance directed towards professionals engaged in local authority children’s social care. This guidance delineates the requisite actions for legal compliance and is imperative to adhere to, barring exceptional circumstances. Notably, it encompasses details applicable to all safeguarding partners and agencies involved in children’s social care activity. The framework is complemented by Improving Practice with Children, Young People and Families (gov.uk) guidance, which offers advice to local authority senior leaders, practice supervisors, and practitioners on effectively integrating the framework into their daily practices.

2. Six Principles of Children’s Social Care

1. Children’s welfare is paramount

Decisions about help, protection and care for children must always be made in their best interests.

2. Children’s wishes and feelings are sought, heard and responded to

Children and young people’s views should be sought and heard at every stage of support, and they should contribute to decisions made about their lives, wherever possible. Advocacy, advice, and assistance must be available to assist them in any representations they may wish to make to the authority.

3. Children’s social care works in partnership with whole families

Children, young people and families are heard, and practitioners build strong relationships with families based on respect. They acknowledge strengths within families and recognise that families, and family networks, will often have solutions to their own challenges, and that holding a focus on the whole family is often the best way of improving outcomes for children and young people.

4. Children are raised by their families, with their family networks or in family environments wherever possible

children’s social care recognise that the best place for most children to grow up is in their families, or with kinship carers. Sometimes this will not be safe or possible, and in these situations, efforts are made to support relationships between children and young people with their siblings, family, and friends. When children and young people need care to be provided by the local authority, such care is safe and prioritises consistency, stability, and lifelong loving relationships with those who are important to children and young people, so that they are supported to thrive.

5. Local authorities work with other agencies to effectively identify and meet the needs of children, young people and families

Local authorities foster strong supportive relationships with other safeguarding partners and relevant agencies, including education settings, to coordinate their services and to respond to the needs of children, young people, and families in the round. From strategic and operational leadership to practitioners supporting individual families, safeguarding partners and relevant agencies are proactive in seeking and sharing information, knowledge, and skills with other agencies

6. Local authorities consider the economic and social circumstances which may impact children, young people and families

Leaders and practice supervisors foster a culture of practice where the individual and protected characteristics of families are respected, and the diversity of individual needs and experiences are addressed through the support provided. Practitioners recognise the differences between, and are confident to respond to, circumstances where children experience adversity due to poverty and acute family stress, and situations where children face harm due to parental abuse and neglect. Leaders, practice supervisors, and practitioners use reflective discussions so that practice is inclusive and engages all families, whatever their background and context.

3. The Three Enablers

  1. Multi-agency working is prioritised and effective;
  2. Leaders drive conditions for effective practice;
  3. The workforce is equipped and effective.

4. The Four National Framework Outcomes

Outcome 1: Children, young people and families stay together and get the help they need

Children’s social care helps children and young people by supporting whole families and their networks. They work in partnership with parents and carers to address difficulties that families face and are committed to keeping children and young people within their family, wherever it is safe to do so.

Outcome 2: Children and young people are supported by their family network

Children’s social care supports children and young people by building relationships so that key people in the lives of children and young people, who form their family network, can help to provide safety, stability, and love. Involving family networks needs to happen at every stage, when children and young people are supported by children’s social care, including if they are going to, or have, entered care. When children are being raised by someone in their family network, we refer to this as kinship care

Outcome 3: Children and young people are safe in and outside of their homes

Children’s social care acts swiftly to protect children and young people from harm, whether that is at home, where they live, or outside in their wider neighbourhood, community and online. Children’s social care manages the uncertainty and nuances of the complex circumstances in which harm takes place, working in partnership with other agencies to increase safety.

 Outcome 4: Children in care and care leavers have stable, loving homes

Children’s social care provide homes that offer love, care, protection, and stability for children and young people who are cared for by the local authority, or who are care leavers. The care that children and young people receive helps to address experiences of adversity and trauma and gives them the foundations for a healthy, happy life.

5. Further Reading

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This policy was last reviewed in July 2023.

Next review July 2025.

1. The Concept of Significant Harm

The Children Act 1989 provides the legal framework for defining the situations in which a local authority must make enquiries about what, if any, action to take to safeguard or promote a child’s welfare.

Section 47 of the Act requires that if a local authority has ‘reasonable cause to suspect that a child who lives or is found in their area is suffering or is likely to suffer significant harm,  the authority shall make, or cause to be made, such enquiries as they consider necessary…’

In Section 31 Children Act 1989 as amended by the Adoption and Children Act 2002:

  • ‘harm’ means ill-treatment, or the impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill-treatment of another;
  • ‘development’ means physical, intellectual, emotional, social or behavioural development;
  • ‘health’ includes physical and mental health;
  • ‘ill treatment’ includes sexual abuse and forms of ill-treatment, which are not physical; and
  • where the question of whether harm suffered by the child is significant turns on the child’s health and development, their health and development must be compared with that which could reasonably be expected of a similar child.

There are no absolute criteria on which to rely to determine what constitutes significant harm. It is often a compilation of significant events, both acute and longstanding, which impact on the child’s physical and psychological development. Children’s Services must consider all the circumstances when determining whether a referral about abuse and / or neglect to a child satisfies the criteria for a section 47 Enquiry – for further details see Section 47 Enquiries chapter.

2. Categories of Abuse and Neglect

Abuse and neglect are forms of maltreatment of a child. Somebody may cause or neglect a child by inflicting harm or failing to act to prevent harm. Children may be abused in a family, or in an institutional or community setting, by those known to them or, more rarely by a stranger. They may be abused by an adult or adults or another child or children.

Working Together to Safeguard Children (Department for Education) includes definitions of the four broad categories of abuse that are used for recognition:

  • physical abuse;
  • emotional abuse;
  • sexual abuse;
  • neglect.

These categories overlap, and an abused child does frequently suffer more than one type of abuse. This chapter provides definitions of these categories and information to help identify potential abuse and neglect and the required response.

Professionals are encouraged to ‘think the unthinkable’ when working with families.   Safeguarding requires professionals to think about the worst-case scenario (the unthinkable), even if it is then dismissed, based on evidence.

2.1 Physical abuse

Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child.

It may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces illness in a child. This unusual and potentially dangerous form of abuse is described as fabricated or induced illness in a child – see Fabricated or Induced Illness (FII) and Perplexing Presentations (including FII by Carers) chapter.

See also Section 4, Recognising Physical Abuse.

2.2 Emotional abuse

Emotional abuse involves the persistent emotional maltreatment of a child, such as to cause severe and persistent adverse effects on the child’s emotional development.

It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children.

These may include interactions beyond the child’s developmental capability, over-protection and limitation of exploration and learning, or preventing the child from participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying, causing children to feel frightened or in danger or the exploitation or corruption of children.

Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.

2.3 Sexual abuse

Sexual abuse involves forcing or enticing a child or young person to participate in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse. Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse may be part of criminal exploitation or gang activity.

Practitioners must consider the increased risk of honour based abuse (HBA) to victims of sexual abuse, particularly those of ethnic minority.

Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse.

The Sexual Offences Act 2003 introduced a range of new sexual offences designed to address all inappropriate activity with children.

Child sexual abuse includes:

  • rape, vaginal, anal or oral penetration committed by a male on a female or male without consent (this is the only sexual offence that can be committed exclusively by a man, as the penetration must be by a penis);
  • sexual assault by penetration: penetration of the vagina or anus with a part of the body or anything else (this is a new offence that replaces indecent assault and recognises the seriousness of penetration);
  • sexual assault: touching a person sexually without consent (this also replaces the offence of indecent assault and covers non-penetrative touching of a victim and would include fondling, masturbation, digital penetration and oral-genital contact);
  • sexual activity with a child: a person 18 or over intentionally sexually touching a child under 16 (this offence replaces the offences of indecent assault and unlawful sexual intercourse – a separate offence deals with the situation where both persons involved are under 18 and reduces the penalty); these offences include situations where there is consent between the parties; where this consent exists, and the parties are of a similar age, it is not anticipated that any criminal proceedings will take place;
  • causing or inciting a child to engage in sexual activity: a person aged 18 or over  making a child under 16 commit a sexual act on another person (including making a child touch the offender);
  • other forms of sexual activity e.g. taking indecent photographs of children or exposing children to abusive images of children;
  • children can be sexually harmed through exploitation as part of criminal or gang activity – see also Criminal and Sexual Exploitation, including Serious Organised Crime and Gangs chapter.

In law, children under 16 years of age cannot consent to any sexual activity occurring, although in practice, young people may be involved in sexual contact to which, as individuals, they may have agreed.  Children under 13 years cannot in law under any circumstances consent to sexual activity, and specific offences, including rape, exist for child victims under this age (see Understanding Sexual Behaviour in Children chapter).

2.4 Neglect

Neglect is the persistent failure to meet a child’s basic physical and / or psychological needs, likely to result in the serious impairment of the child’s health and development.

Neglect may occur during pregnancy as a result of maternal substance misuse.

Once the child is born, neglect may involve a parent or carer:

  • not meeting a child’s basic needs, such as food, clothing or shelter;
  • refusal of / delay in healthcare – Failure or delay in seeking and obtaining appropriate healthcare services for a child/young person;
  • abandonment / expulsion – Abandoning a child or excluding a child from the family home and refusing to accept their return;
  • other custody issues – Repeated ‘shuttling’ of a child from one household to another due to an apparent unwillingness to maintain custody/care, or chronically and repeatedly leaving a child with others for days / weeks at a time;
  • failing to protect a child from physical and emotional harm or danger;
  • failing to ensure adequate supervision – child left unsupervised or inadequately supervised for extended periods or not providing for their safety;
  • parental failure to engage with an appropriate management plan in a child who is severely obese and / or is developing serious complications of obesity should be considered a safeguarding issue.

Severe neglect of young children is associated with major impairment of growth and intellectual development. Persistent neglect can lead to serious impairment of health and development, long-term difficulties with social functioning, relationships and educational progress. Neglect can also result, in extreme cases, in death.

3. Risk Indicators

The factors described in this section are frequently found in cases of child abuse. Their presence is not proof that abuse has occurred, but:

  • must be regarded as indicators of possible significant harm;
  • must prompt the professional to seek further information;
  • justify the need for careful assessment and discussion with designated / named / lead person, manager, (or in the absence of all those individuals, an experienced colleague);
  • may require consultation with and / or referral to Children’s Services – see the Making a Referral chapter.

In an abusive relationship, the child may:

  • appear frightened of the parent/s / carer/s;
  • act in a way that is inappropriate to their age and development (though full account needs to be taken of different patterns of development and different ethnic groups).

The parent or carer may:

  • persistently avoid child health services and treatment of the child’s illnesses;
  • have unrealistic expectations of the child;
  • frequently complain about / to the child and fail to provide attention or praise (a high criticism / low warmth environment);
  • be absent;
  • be misusing substances;
  • persistently refuse to allow access on home visits;
  • be involved in domestic abuse;
  • be socially isolated;
  • failing to protect the child from harm.

Consideration must be given to the impact on the care of the child of any issues/problems affecting parenting, for example domestic abuse, which may include physical violence; coercive and controlling behaviour, substance misuse, mental health problems, learning disabilities, childhood experiences of severe neglect or abuse; including sexual abuse. Consideration should be given to whether the parent can understand and predict risk and subsequently make appropriate decisions to protect their child from harm.

The Home Office definition of Domestic violence and abuse was updated in May 2018 as:

Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender (including gender identity) or sexuality. The abuse can encompass, but is not limited to:

  • psychological;
  • physical;
  • sexual;
  • financial;
  • emotional.

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse used to harm, punish, or frighten their victim.

Staff should be aware of the potential risk to children of witnessing or being injured due to domestic abuse when a new partner is introduced into the family home or has substantial access to the children and is known as a perpetrator of domestic abuse. Individuals who have been in an abusive relationship are more likely to enter into other unhealthy or abusive relationship. If concerns are raised, an application under Clare’s Law should be made as either a ‘right to know’ made by professionals or a ‘right to ask’, made by individuals, so the parent can understand any risks posed by their new partner to make an informed choice about the relationship.

Working Together to Safeguard Children (Department for Education) introduced the concept of contextual safeguarding which recognises that as well as threats to the welfare of children from within their families, children may be vulnerable to abuse or exploitation from outside their families. These extra-familial threats might arise at school and other educational establishments, from within peer groups, or more widely from within the wider community and / or online. These threats can take various forms, and children can be vulnerable to multiple threats, including exploitation by criminal gangs and organised crime groups such as county lines, trafficking, online abuse, sexual exploitation and the influences of extremism leading to radicalisation.

Staff should be aware of the potential risk to children when individuals, previously known or suspected to have abused children, move into or have substantial access in the household (see Risk Management of Known Offenders and Those who Pose a Risk section).

It should be recognised that those who pose a risk to children often will not be honest with others. Staff should be mindful of this. Of particular note are carers who present a risk due to either fabricating or inducing illnesses within the children they are responsible for – see Fabricated or induced illness (FII) and Perplexing Presentations (including FII by carers) chapter.

Practitioners should, in particular, be alert to the potential need for early help for a child who:

  • is disabled and has specific additional needs;
  • has special educational needs (whether or not they have a statutory Education, Health and Care Plan);
  • is a young carer;
  • is showing signs of being drawn in to anti-social or criminal behaviour, including gang involvement and association with organised crime groups;
  • is frequently missing/goes missing from care or from home;
  • is at risk of modern slavery – see Report Modern Slavery (gov.uk), trafficking or exploitation;
  • is at risk of being radicalised or exploited;
  • is in a family circumstance presenting challenges for the child, such as drug and alcohol misuse, adult mental health issues and domestic abuse;
  • is misusing drugs or alcohol themselves;
  • has returned home to their family from care;
  • is a privately fostered child;
  • has a parent/carer in custody.

In schools, it is important that staff are aware that mental health problems can, in some cases, be an indicator that a child has suffered or is at risk of suffering abuse, neglect or exploitation. Only appropriately trained professionals should attempt to make a diagnosis of a mental health problem, however school staff are well placed to observe children day-to-day and identify those whose behaviour suggests that they may be experiencing a mental health problem or be at risk of developing one. Where children have suffered abuse and neglect, or other potentially traumatic adverse childhood experiences, this can have a lasting impact throughout childhood, adolescence and into adulthood. It is key that school staff are aware of how these children’s experiences can impact on their mental health, behaviour and education.

4. Recognising Physical Abuse

This section provides information about the sites and characteristics of physical injuries that may be observed in abused children. It is intended primarily to assist staff in recognition of bruises, burns and bites, which should be referred to Children’s Services and / or require a medical assessment.

Further useful information can be found on the RCPCH website, about a series of systematic reviews defining the evidence base for the recognition and investigation of physical child abuse and neglect.

The following are bruises / injuries / burns that should prompt a thorough assessment:

  • not independently mobile babies;
  • unexplained sub-conjunctival haemorrhages and other eye injuries (A sub- conjunctival haemorrhage occurs when a tiny blood vessel breaks just underneath the clear surface of your eye (conjunctiva). A sub-conjunctival haemorrhage appears as a bright red or dark red dot or mark/patch on the white of the eye. There are a number of possible causes of SCHs that need to be considered, including non-accidental causes);
  • buttocks;
  • forearm, upper arm and hands;
  • face, neck and ears;
  • abdomen (soft tummy area) or hip;
  • the backs of legs and feet;

See Section 4.1 Bruising for more information.

Babies and young children can also sustain serious head and neck injuries as a result of abusive head trauma. Physical signs include reduced conscious levels, vomiting, irritability, apnoea (a pause/temporary stopping of breathing) or irregular breathing.

The following are often regarded as indicators of concern:

  • reluctance to give information or mention previous injuries;
  • family use of different doctors and A&E departments;
  • repeated presentation of minor injuries (which may represent a ‘cry for help’ and if ignored could lead to a more serious injury) or may represent fabricated or induced illness (see Fabricated or induced illness (FII) and Perplexing Presentations (including FII by carers);
  • parents who are absent without good reason when their child is presented for treatment;
  • parents/carers who are uninterested or undisturbed by an accident or injury;
  • unexplained delay in seeking treatment;
  • several different explanations provided for an injury;
  • an explanation that is inconsistent with an injury;
  • injuries that are suspected or reported to be due to domestic abuse within their own (age 16 & 17 yrs) or parent/carer (s) relationship. Consideration should also be given to abusive relationships of other young people age 15 and under; although not defined as domestic abuse may indicate the need for additional support.

For all young people, broader contextual safeguarding risks should be considered when there is an unexplained injury; consider individual vulnerabilities, e.g. exploitation into criminality/gangs/drugs/sexual; radicalisation; who has brought them/come with them for treatment.

4.1 Bruising

The Child Protection Evidence Systematic Review on Bruising (RCPCH) found that bruising was the most common injury in children who have been abused. It is also a common injury in non-abused children, the exception to this being pre‑mobile infants where accidental bruising is rare (0-1.3%). The number of bruises a child sustains through normal activity increases as they get older and their level of independent mobility increases.

Children can have accidental bruising, but the following must be considered as highly suspicious of a non-accidental injury unless there is an adequate explanation provided and experienced medical opinion sought:

  • any bruising or other soft tissue injury to a pre-crawling or pre-walking (immobile) infant to include cruising or bottom shuffling, and those unable to roll over, or non-mobile disabled child;
  • bruising in or around the mouth, particularly in small babies may indicate force feeding;
  • bruising around the eyes or injury on the eyes (including sub-conjunctival haemorrhages- A subconjunctival haemorrhage occurs when a tiny blood vessel breaks just underneath the clear surface of your eye (conjunctiva). A subconjunctival haemorrhage appears as a bright red or dark red dot or mark/patch on the white of the eye. There are a number of possible causes of SCHs that need to be considered, including non-accidental causes);
  • linear marks, haemorrhages or pale scars may be caused by ligature, especially at wrists, ankles, neck, male genitalia;
  • bruising or tears on, around, or behind, the earlobe(s) indicating injury by blunt force trauma, pulling or twisting;
  • broken teeth and mouth injuries (a torn frenulum – the flap of tissue in the midline under the upper lip – is highly suspicious);
  • bruising on the genitalia, arms, buttocks and thighs may be an indicator of physical and sexual abuse;
  • bruises that are accompanied by petechiae (small pinpoint red spots), in the absence of underlying bleeding disorders;
  • areas that were rarely bruised accidentally in disabled children were lower legs, ears, neck, chin, anterior chest and genitalia and therefore NAI should be strongly considered;
  • multiple bruises of uniform shape;
  • multiple bruises in clusters;
  • bruises that carry the imprint of implement used or a ligature;
  • bruises that are seen away from bony prominences;
  • bruises to the face, abdomen, arms, buttocks, ears, neck, and hands.

See also:

Bruises on Children: Core Info Leaflet (NSPCC Learning);

Patterns of Bruising – opens as a pdf

Unexplained Injuries to Young Children chapter;

Pan Sussex Bruising injuries in Children who are Not Independently Mobile (NIM) Guidance (opens in a pdf);

Referral Flowchart for Non Accidental Injuries

4.1.1 Brief Resolved Unexplained Episode (BRUE), previously known as Acute Life-Threatening Event (ALTE)

Most BRUEs have a medical or physiological basis, although a precise explanation is not always found. Some have unnatural causes, and assessment should always consider these through careful and detailed history taking, examination and investigations. Abusive Head Trauma (AHT) can present with irregular breathing, seizures or apnoeas.

AHT must be considered in children presenting with BRUEs, and child protection checks must be initiated for the child and any siblings. Any suspicions must be reported immediately to the duty social worker.

It is not possible to age bruises.

4.2 Bite marks

Bite marks can leave clear impressions of the teeth. Human bite marks are oval or crescent-shaped. Those over 3cm in diameter are more likely to have been caused by an adult or older child.

A medical opinion from a forensic dentist / odontologist should be sought where there is any doubt over the bite’s origin.

4.3 Burns and scalds

It can be challenging to distinguish between accidental and non-accidental burns and scalds and will always require experienced medical opinion. Any burn with a clear outline may be suspicious, for example:

  • circular burns from cigarettes are characteristically punched out lesions 0.6 – 0.7 cm in diameter, and healing, usually leaves a scar;
  • friction burns resulting from being dragged;
  • linear burns from hot metal rods or electrical fire elements;
  • burns of uniform depth over a large area;
  • scalds that have a line indicating immersion or poured liquid (a child getting into hot water of their own accord will struggle to get out and cause splash marks);
  • old scars indicating previous burns/scalds which did not have appropriate treatment or adequate explanation;

Scalds to the buttocks of a small child, particularly in the absence of burns to the feet, are indicative of dipping into a hot liquid or bath.

4.4 Fractures

Fractures may cause pain, swelling and discolouration over a bone or joint.

Non-mobile children rarely sustain fractures.

There are grounds for concern if:

  • the history provided is vague, non-existent or inconsistent with the fracture type;
  • there are multiple fractures or old fractures (in the absence of major trauma, birth injury or underlying bone disease);
  • medical attention is sought after a period of delay when a fracture has caused symptoms e.g. swelling, pain or loss of movement;
  • there is an unexplained fracture in the first year of life.

4.5 Scars

A large number of scars or scars of different sizes or ages, or on different parts of the body, may suggest abuse.

4.6 Abusive Head Trauma (previously known as Shaken Baby Syndrome)

Shaking and/or inflicting an impact injury on a baby often results in no visible external injury. Nevertheless, significant internal injuries may be caused, e.g. intracranial bleeding, brain injury, small fractures to the ends of the long bones, other fractures (such as ribs and neck) and retinal haemorrhages (a retinal haemorrhage is bleeding from the blood vessels in the retina at the back of the eye). Signs and symptoms can be non-specific, which may result in a delay in seeking advice. See also Unexplained Injuries to Young Children chapter.

Young children and infants are highly vulnerable and may have a serious injury without obvious physical signs, e.g. shaking and/or impact injuries may result in internal head and other injuries. Nevertheless, significant internal injuries may be caused and result in:

  • lethargy, poor feeding, apnoea or irregular breathing;
  • vomiting;
  • fits;
  • variable levels of consciousness (irritability & drowsiness);
  • intra-cranial bleeding and retinal haemorrhages;
  • skull and rib fractures;
  • death.

A full paediatric assessment must be carried out in suspected cases, including an ophthalmological examination, blood tests, and CT/MRI scans/skeletal survey (according to the RCR/RCPCH guidance).

4.7 Self-harming or injury caused by siblings

Caution must be used when interpreting an explanation by parents / carers that an injury or series of injuries was self-inflicted or caused by a sibling. This is especially important in young or disabled children not able to offer a reliable explanation themselves.

Due consideration must be given to the possibility that the injury may:

  • be non-accidental, particularly if the explanation appears discrepant for the nature of the injury;
  • possibly have occurred in circumstances where neglect is a consideration.
  • In these circumstances, a referral to Children’s Services should be made, following the Making a Referral chapter.

5. Recognising Emotional Abuse

Emotional abuse may be difficult to recognise, as the signs are usually behavioural rather than physical.

Emotional abuse is an extremely damaging form of abuse, which may occur in isolation or may co-exist with neglect and other forms of abuse.

Recognition of emotional abuse is usually based on observations over time and the following offer some associated indicators.

5.1 Parent / carer and child relationship factors

Parent / carer and child relationship factors include:

  • abnormal attachment between a child and parent / carer e.g. anxious, indiscriminate or failure to attach;
  • persistent negative comments about the child or ‘scape-goating’ within the family;
  • inappropriate or inconsistent expectations of the child, for example over-protection or limited exploration.

Fabricated or induced illness falls under the wider umbrella term of emotional abuse. Cases of both FII and perplexing presentations also often involve or occur in association with other forms of abuse, particularly the various forms of emotional abuse. See also Fabricated or induced illness (FII) and Perplexing Presentations (including FII by carers) chapter.

5.2 Child presentation concerns

These include:

  • delay in achieving developmental, cognitive and / or other educational milestones;
  • failure to thrive / faltering growth;
  • behavioural problems e.g. aggression, attention-seeking;
  • frozen watchfulness, particularly in preschool children;
  • low self-esteem, lack of confidence, fearful, distressed, anxious;
  • poor relationships with peers, including withdrawn or isolated behaviour.

5.3 Parent / carer related issues

These include:

  • dysfunctional family relationships including domestic violence;
  • parental problems that may lead to lack of awareness of child’s needs for example mental illness, substance misuse, learning difficulties;
  • parent or carer emotionally or psychologically distant from the child.

Contextual factors may include:

  • child left unsupervised / unattended;
  • child left with multiple carers;
  • child regularly late attending, or, not being collected from school;
  • child repeatedly reported lost/missing;
  • parent / carer regularly unaware of child’s whereabouts;
  • child regularly not available for meetings with childcare workers.

6. Recognising Child Sexual Abuse

Please also see:

Child sexual abuse often remains hidden and is the most secretive and difficult type of abuse for children and young people to disclose. It may be particularly difficult to disclose abuse by a sibling.

Many children and young people do not recognise themselves as victims of sexual abuse – a child may not understand what is happening and may not even understand that it is wrong. As a result, this type of abuse is considered to be under-reported.

Where there are any concerns about the sexual abuse of a child in a household, consideration must be given to the possibility that other children in the household may also be at risk.

Sexual abuse often occurs in conjunction with the other categories of child abuse, especially emotional abuse in order to maintain control and secrecy. It is also important to consider the possibility that children are being sexually abused in houses where neglect is happening.

Child sexual abuse can be perpetrated by any one of any gender and professionals are urged to use their professional curiosity.

There may be a range of signs of child sexual abuse but any one sign doesn’t necessarily mean that a child is being sexually abused, however, the presence of a number of signs should indicate that professionals need to consider the potential for abuse and consult with others who know the child to see whether they also have concerns.

6.1 Behavioural indicators

These include:

  • inappropriate sexualised behaviour, e.g inserting objects into the vagina or anus;
  • sexual harm of siblings;
  • sexually explicit behaviour, play or conversation, inappropriate to the child’s age;
  • continual and inappropriate or excessive masturbation;
  • self-harm (including eating disorder), self-mutilation and suicide attempts;
  • child on child harmful sexual behaviour;
  • sexual or criminal exploitation;
  • an anxious unwillingness to remove clothes for – e.g. sports events (but this may be related to cultural norms or physical difficulties);
  • running away;
  • changes in behaviour, including becoming more aggressive, withdrawn, clingy;
  • problems in school, difficulty concentrating, drop off in academic performance;
  • sleep problems or regressed behaviours, for example bedwetting;
  • frightened of or seeking to avoid spending time with a particular person.

6.2 Physical Indicators

These include:

  • difficulty walking or sitting down;
  • pain or itching of the genital area;
  • vaginal discharge (discoloured/strong odour);
  • pregnancy in adolescents where the identity of the father is vague or secret;
  • sexually transmitted infections including genital ulcers and anogenital warts (up to 58% of AGWs in children may be sexually transmitted and therefore, all cases of unexplained AGWs in children who are not sexually active should prompt consideration of CSA);
  • sexually transmitted infections (STIs) for example chlamydia and gonorrhoea;
  • bloodborne viruses (hepatitis B/C) and HIV;
  • blood on underclothes;
  • please note there are medical causes of ano-genital bleeding which must be considered alongside the possibility of CSA. Children presenting with ano-genital bleeding require a thorough general paediatric / surgical assessment and if there are concerns about CSA and / or the bleeding is unexplained, the CSA Pathway should be followed. Paediatricians should follow the relevant guidance in the RCPCH Child Protection Companion;
  • injuries and bruises on the genitalia and on parts of the body where other explanations are not available, especially bruises, bite marks or other injuries to breasts, buttocks, lower abdomen or inner thighs;
  • injuries to the mouth, which may be noted by dental practitioners;
  • presence of semen on the labia and external genitalia, inside the vagina, anus, or clothing;
  • persistent or recurring pain during urination or bowel movements;
  • urinary tract infections could be indicated by a child frequently asking to go to the toilet, fidgeting in their seat or holding themselves in a way that indicates discomfort.

The Centre of Expertise on Child Sexual Abuse uses a model proposed by Finkelhor and Browne to describe four likely impacts of CSA:

  • traumatic sexualisation (where sexuality, sexual feelings and attitudes may develop inappropriately);
  • a sense of betrayal (because of harm caused by someone the child vitally depended upon);
  • a sense of powerlessness (because the child’s will is constantly contravened);
  • stigmatisation (where shame or guilt may be reinforced and become part of the child’s self-image).

In addition, the Centre highlights the impact that secrecy (including the fear and isolation this creates) and confusion (because the child is involved in behaviour that feels wrong but has been instigated by trusted adults) has on the child.

In the long term, people who have been sexually abused are more likely to suffer with depression, anxiety, eating disorders and post-traumatic stress disorder (PTSD). They are also more likely to self-harm, become involved in criminal behaviour, misuse drugs and alcohol, and to commit suicide as young adults.

7. Recognising Neglect

Neglect of any type (physical, supervisory, medical, educational or emotional) remains the most common reason for a child to be the subject of a child protection plan in the UK.

Evidence of neglect is built up over a period of time and can cover different aspects of parenting.

Cases of both FII and perplexing presentations also often involve or occur in association with other forms of abuse, particularly neglect.

7.1 Child related indicators

Child related indicators include:

  • an unkempt, inadequately clothed, dirty or smelly child;
  • a child who is perceived to be frequently hungry;
  • a child who is observed to be listless, apathetic and unresponsive with no apparent medical cause; displaying anxious attachment; aggression or indiscriminate friendliness;
  • failure of a child to grow or develop within normal expected patterns with an accompanying weight loss or speech / language delay;
  • recurrent/untreated infections or skin conditions for example severe nappy rash, eczema or persistent head lice / scabies;
  • unmanaged / untreated health / medical conditions including poor dental health – see Dental Matrix Level of Need (opens as a pdf);
  • frequent accidents or injuries;
  • a child persistently absent from or late at school, see also Safeguarding Children who are Absent from Education chapter;
  • poor self-esteem;
  • a child who thrives away from the home environment;
  • obesity;
  • non-attendance at or repeated cancellations of appointments and lack of access to the child on visits are indicators that should increase concern about the child’s welfare. All NHS providers should have policies for the management of children not brought to health care appointments.

7.2 Indicators in the care provided

These include:

  • failure by parents or carers to meet basic essential needs for example, adequate food, clothes, warmth, hygiene, sleep;
  • failure by parents or carers to meet the child’s health and medical needs e.g. poor dental health, failure to attend or keep appointments with the health visitor, GP or hospital, lack of GP registration, failure to seek or comply with appropriate medical treatment;
  • failure by parents or cares to meet the child’s education needs – see also Safeguarding Children who are Absent from Education chapter;
  • a dangerous or hazardous home environment including failure to use home safety equipment, risk from animals;
  • poor state of home environment for example, unhygienic facilities, lack of appropriate sleeping arrangements, inadequate ventilation (including passive smoking) and lack of adequate heating;
  • a lack of opportunities for the child to play and learn;
  • child left with adults who are intoxicated or violent;
  • child abandoned or left alone for excessive periods;
  • neglect of pets.

Where there are any concerns about the neglect of a child in a household, consideration must be given to the possibility that other children in the household may also be at risk of neglect or abuse.

See also Neglect in teenagers aged 13-18 (NSPCC) (opens as pdf)

Where there are any concerns about the neglect of a child in a household, consideration must be given to the possibility that other children in the household may also be at risk of neglect or abuse.

7.3 Obesity

Obesity in children is an increasingly common problem in the general population and differentiating when there is a safeguarding issue can be difficult and complex. Neglect can result in poor supervision of food intake, or an inappropriate diet being offered to the child with resultant excessive weight gain. A sedentary lifestyle with limited opportunity for physical activity, when combined with an inappropriate diet, can result in excessive weight gain.

It is important to take into account:

  • the impact of the obesity on the child, particularly evidence that the child is developing medical complications (e.g. undue breathlessness), restrictions in day to day activities or social/emotional difficulties as a result of their obesity;
  • the context / is there other evidence of emotional harm or neglect.

Excessive calorie intake is the cause of most childhood obesity. In a very small proportion of obese children, there is an underlying medical cause. The parent/carer is responsible for monitoring their child’s diet and seeking appropriate advice/support if the child or adolescent is overweight or obese. The management of obesity in children, therefore, requires parental engagement to enable and support their child to adopt healthy eating patterns, participate in age-appropriate levels of physical activity and attend medical and dietetic appointments as necessary. Parental failure to engage with an appropriate management plan in a child who is severely obese and/or is developing serious complications of obesity should be considered a safeguarding issue.

8. Harm Linked to Alternative Health Practices

Alternative health practices encompass a wide range of unconventional methods, including herbal remedies, crystal healing, acupuncture, and cupping, among others. While some parents and carers may view these practices as beneficial, they can potentially pose risks to children. For instance, cupping, which involves placing heated cups on the skin to create suction, can lead to burns, bruises, or other injuries.

Alternative health practices often lack scientific evidence of their efficacy and safety, increasing the likelihood of harm. Persistent use of alternative health practices despite known risks warrants further exploration by safeguarding professionals to ensure the safety and welfare of the child, particularly when unexplained injuries or neglect are present within this context.

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This policy was last reviewed in April 2023.

Date of next review April 2025.

See also Sussex Partnership NHS Foundation Trusts Internal Child Visits Policy (date of next review: 2024)

1. Introduction

High secure (formerly known as special) hospitals have a duty to implement child protection policies, liaise with their local safeguarding partnership, provide safe venues for children’s visits and provide nominated officers to oversee the assessment of whether visits by specific children would be in their best interests.

Many prisons now operate a similar system in relation to sex offenders and other dangerous offenders.

Children’s social care must assist staff in high secure hospitals to carry out their responsibilities in relation to the assessment (LAC (99) 23 amended by LAC (2000)18).

With respect to visits by children to patients who have mental health difficulties and are in local non-special hospitals (including those detained under the Mental Health Act 1983), the onus for risk assessments lies with the Mental Health Trust.

Patients who are found unfit to be tried, or not guilty by reasons of insanity, in respect of murder, manslaughter or those who pose a risk to children will only be eligible for a visit if within the permitted categories of relationship.

The nominated officer of the relevant hospital must contact a person with parental responsibility for the child to:

  • seek their consent for the visit;
  • confirm the relationship of the child to the patient;
  • clarify who will accompany the child on the visit (must be a parent, relative, foster carer or employee of children’s social care);
  • inform them of the requirement for an assessment by children’s social care.

A clinical assessment of the patient must be undertaken by the hospital.

If the clinical findings are supportive of the visit and the person with parental responsibility is in agreement, the local authority must be asked to undertake an assessment about whether the visit is in the child’s best interests. The clinical assessment will be provided to the local authority.

2. Assessment with Respect to High Secure Hospitals

On receiving the request for an assessment, the social worker must contact a person with parental responsibility for the child to gain consent for the assessment.

The children’s social care assessment provided should establish:

  • the child’s legal relationship with the named patient (only children in specified categories of relationship may visit);
  • the quality of the child’s relationship with the named patient, both currently and prior to hospital admission;
  • whether there has been past, suspected, alleged or confirmed, abuse of the child by the patient;
  • future risks of significant harm to the child if the visits take place;
  • the child’s wishes and feelings about the proposed visit, taking into account their age and understanding;
  • the views of those with parental responsibility and, if different, those with day to day care of the child;
  • if it is known that the child lived in other local authority areas, what other information is known about the child and the family;
  • the frequency of contact that would be appropriate;
  • who would accompany the child on visits, and the type and nature – e.g. quality and duration of relationship with the child.

2.1 Report

The assessment must be completed within 1 month of the referral and the report sent to the nominated officer at the high secure hospital stating whether, in the opinion of children’s social care, the visit would be in the best interests of the child.

The decision should take account of the:

  • nature (for example quality and duration) of the child’s attachment to the patient;
  • past abuse and / or risk of significant harm to the child from the named patient;
  • views of the child, those with parental responsibility and those with day to day care of the child;
  • opinions of professionals who have knowledge of the child;
  • hospital’s assessment;
  • whether the visit is, overall, in the child’s best interests;
  • who will accompany the child on their visits to the high secure hospital.

If the person with parental responsibility refuses to co-operate with the assessment and no information is known about the child, the nominated officer must be informed that a report cannot be provided.

Where the child is known to children’s social care, information from records may be supplied with the agreement of the person with parental responsibility.

If the social worker concludes that the visit would not, or may not, be in the child’s best interests then the hospital must not allow the visit.

If the social worker advises that the visit would be in the child’s best interests, then the hospital nominated officer should make the decision, following discussion with the social worker and after taking account of all available information.

3. Duration of Approval

Any approval for a visit is valid for a period of 12 months from the date on which it is given and may only be withdrawn in that period if the nominated officer is satisfied that there has been a relevant change of circumstances. If the period of 12 months has elapsed and the patient wishes to continue to have visits, the nominated officer must review the permission in accordance with their responsibilities

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This policy was last reviewed in February 2023.

Date of next review February 2026.

This section should be read in conjunction with Pre-Birth Conference and Concealed Pregnancy and Understanding Sexual Behaviour in Children and Pre-birth Planning for Care Leavers chapters.

This is gender neutral policy. The following terms are used:

  • birthing or pregnant person instead of woman;
  • person / people and they / them pronouns.

1. Introduction

All professionals have a responsibility to consider the welfare of both the prospective birthing person and their baby. Any assessment of need should address what support systems exist for the young person and their family and should consider early help and support services, particularly where the person is a looked after child (child in care) or care leaver themselves. However, the paramount concern must be for the welfare of the unborn baby, and there should be no circumstances in which concerns about the unborn baby are not shared and investigated for fear of damaging a relationship with a parent.

Where a parent are themselves a child, in the absence of support from family or a professional network for their needs and responsibilities, their baby is likely to be at risk of significant harm.

Where there are concerns about the ability of any young person to care for their baby without additional support, a referral must also be made to Children’s Services – see Making a Referral chapter.

Any staff member being made aware of possible pregnancy are always encouraged to approach health colleagues for advice, this could include the school nurse or sexual health advisor for example. This briefing sheet identifies where professionals can obtain further advice: Planning a Conversation With a Young Person Who May Be Pregnant (West Sussex SCP).

2. Pregnant Person under 16

It is illegal for children under 16 years to be sexually active; professionals will assess whether the young person’s actions and decision making are Gillick competent and whether to involve safeguarding partners. Please see Understanding Sexual Behaviour in Children chapter.

All professionals, particularly health and education staff who have most contact with pregnant teenagers, should be alert to situations where a teenage pregnant person is not in contact with local authority children’s social care and a referral should be made at the earliest opportunity.

In all the following circumstances, the unborn baby should be referred  to Front Door / MASH /  SPOA. Children who become parents under the age of 16 should be referred to Front Door / MASH / SPOA in their own right if:

  • the young parent is already looked after;
  • the young parent may become looked after as a result of the pregnancy;
  • the young parent is open to children’s services;
  • there are safeguarding concerns regarding the unborn baby;
  • the young parent is under 16.

3. Pregnant Person under 18

Front Door / MASH / SPOA should always seek legal advice to clarify the legal status of parents and babies where the parent is under 18 and any of the following scenarios apply:

  • the young parent is already looked after;
  • the young parent may become looked after as a result of the pregnancy;
  • the young parent is open to children’s services;
  • there are safeguarding concerns regarding the baby;
  • the young parent is under 18.

4. Parents in Existing Foster Placements

The parent’s accommodation and placement will need to be considered in light of the baby arriving:

  • Does the parent need to move placement?
  • What is status of the parent in a new placement? Will they remain looked after?
  • Is a parent and baby placement potentially available for the remainder of parent’s minority?
  • Can the parent return to their established placement in the event that baby does not remain in their care?
  • What is proposed for the other parent’s involvement and care role?

5. Care Proceedings

If there are care proceedings related the prospective parent:

  • a pre-birth assessment should be undertaken;
  • consideration for a S47 Child Protection Enquiry to be undertaken;
  • legal advice must be sought, and consideration given to PLO pre-proceedings in respect of the baby;
  • in most cases a separate application for care proceedings and an ICO will need to be issued upon the birth of the baby, and consideration given to the baby being joined to the parent’s care proceedings;
  • it will be necessary to agree who is to be primary carer in the placement:
    • parent (where the baby is made subject to an ICO, placement with parents regs apply, or
    • foster carer / kinship carer.

6. Young Parent is Looked After

If a young parent is looked after (Care Order or S20):

  • the young parent and baby should have separate allocated social workers (including separate ones for each parent, if both are under 18), ideally within the same team. The Lead Social Worker will generally be the the baby’s social worker, unless otherwise agreed. The pre-birth assessment should be carried out of the baby and separately of each parent if under 18;
  • if the young parent remains looked after once the baby is born, the baby should be subject to a CIN plan at a minimum. If the young parent is subject to a care order, legal advice must be sought in relation to the baby;
  • it will be necessary to agree who is to be primary carer: parent (in which case placement with parents regs apply) or foster carer/Kinship Care carer;
  • if young person is accommodated under S20 agreement as a result of safeguarding concerns, seek legal advice regarding the status of the baby, after following the pre-birth protocol as per the pre-birth guidance;
  • if young person subject to S20 as a result of UASC status or under Southwark agreement, it may be that baby does not need to become looked after. Legal advice should be sought.

7. Young Parent is not Looked After

In all cases where the parent with care is under 18 and has a social worker in their own right (for example, if they are on a CP or CIN plan, or are a relevant child), their child should also have their own social worker. This policy may only be varied in exceptional circumstances and with the approval of the relevant Head of Safeguarding. At all times the primary focus should be the needs of the baby.

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Last reviewed in July 2022.

Next review in July 2025.

Please also see Children / Young People Under 18 Who Become Parents and Pre-birth planning for care leavers chapters

1. Introduction

This is a gender neutral procedure informed by an anti-discriminatory and anti-oppressive value base.

The following terms are used:

  • birthing person or pregnant person – anyone of childbearing capacity;
  • labouring person or person in labour;
  • person / people and they/them pronouns.

This procedure is for anyone who may encounter a person who conceals the fact that they are pregnant, or where a professional has a suspicion that a pregnancy is being concealed or denied, or a person significantly delays access to antenatal care. While concealment and denial, by their very nature, limit the scope of professional help, better outcomes can be achieved by a coordinating an effective inter-agency approach. This will also apply to future pregnancies where it is known or suspected that a previous pregnancy was concealed.

2. Definitions

A concealed pregnancy is when a person knows they are pregnant but does not tell appropriate carers or professionals; or tells a carer/professional but actively conceals that they are not accessing antenatal care.

A denied pregnancy is when a person appears genuinely unaware that they are pregnant; A denied pregnancy is when a person is unaware of or unable to accept the existence of their pregnancy. Physical symptoms of pregnancy may be absent or not apparent or misconstrued; a variety of factors including intense psychological conflicts about the pregnancy may result in subconscious suppression where a person continues to think, feel and behave as though they were not pregnant.

A late booking is defined as accessing maternity care after 20+0 weeks of pregnancy for the purposes of this safeguarding policy. It is important to remember that even when a person appears to have been genuinely unaware, they were pregnant, they have still concealed or denied their pregnancy up until the point they have accessed antenatal care. Once booked and accessing antenatal care, there should be ongoing assessment of any pregnancy where maternity care is accessed after 20+0 weeks of pregnancy, that considers the reasons for the delay in presentation and any other risk factors.

The first antenatal (booking) appointment with a midwife should take place by10+0 weeks of pregnancy (see Antenatal Care, NICE) therefore any person booked later than this is deemed to have booked late. It is important to highlight this distinction as the terminology used in practice is the same. Any person who accesses maternity care after 10+0 weeks of pregnancy should be asked about the reasons for this because it may reveal social, psychological or medical issues that need to be addressed.

A late booking is defined as presenting for maternity services after 20 weeks. It is always important to remember that unless the person genuinely has not been aware they are pregnant they have still concealed their pregnancy up until the point they have accessed antenatal care. A booking appointment with a midwife should be around 10 weeks (see Antenatal Care, NICE). A person who presents to antenatal care late in their pregnancy should continue to be assessed with the reasons for the delay in presentation and associated risks as part of the assessment, even once booked and attending for antenatal care.

Although there are important distinctions, the term concealed pregnancy will be used throughout this policy to cover concealed pregnancy, denied pregnancy and late booking for maternity care.

An unassisted birth is when person gives birth without a midwife, doctor, or other trained health professional in attendance. There are two types of unassisted birth: Born Before Arrival (BBA) is when a pregnant person who had every intention of either having a hospital or planned home delivery with the help of a midwife and / or doctor and has engaged with maternity services in the planning of either, but where the birth of the baby has happened so rapidly that either the pregnant person or the midwife does not make it to the planned place of birth, that is the maternity unit or home.

Free birth is when a pregnant person decides to give birth at home or somewhere else without the help of a midwife, doctor, or other trained health professional in attendance. Pregnant persons have a legal right to make informed decisions about their maternity care and can choose not to accept care during childbirth. However, it is a criminal offence for anyone other than a registered midwife or doctor to attend a person during childbirth except in an emergency. (Article 45 of the Nursing and Midwifery Order). Understanding the pregnant persons reasons for free birthing is critical to assessing safeguarding risk / level of need.

3. Recognition and Referral

All professionals are responsible for supporting a pregnant person to access and attend antenatal care at the point a concealed pregnancy is disclosed or suspected.  Depending on the reasons given for concealment and / or denial, they may need support accessing specialist services such as mental health services, including referral to perinatal mental health care.

3.1 Action on suspecting concealed pregnancy

3.1.1 Young people aged under 18

If the professional has a concern that a young person could be pregnant and not accessing antenatal care, then they should make a referral to Children’s Social Care (see Local Contacts) for the young person and a Child and Family Assessment will be carried out. All professionals need to be mindful of the reasons and associated risks that contribute to why pregnant persons may conceal their pregnancies see 8.10.6 and consideration given to safeguarding both the young person (under 18 years) and the unborn baby.

It may be appropriate for a professional from any agency to make initial approaches to the young person to discuss the possibility of them being pregnant, if their presentation and personal circumstances suggest this.  Professional curiosity is essential to safeguarding children but will require sensitivity. Professionals should consider requesting support from health colleagues.

If professionals are unable to engage the young person in constructive discussion, and continue to have clear reasons to suspect pregnancy in the face of continuing denial, then Children’s Social Care should carefully consider if informing her parents/carers is in the best interest of the young person and continue to assess the situation with a focus on the needs/welfare of the unborn baby as well as the young person. Caution is required with all disclosures to a young person’s parents that a professional is not putting the young person at further risk, for example Honour Based Abuse.

Young people presenting late in pregnancy should be assessed by maternity services at the booking appointment and potential safeguarding risks/needs highlighted and considered in relation to safeguarding the young person (under 18 years) the unborn baby and any other children in household or family. This will inform the decision as to whether to refer to children’s social care, and consider what early help services could support the family.

Any staff member being made aware of possible pregnancy are always encouraged to approach health colleagues for advice, this could include the GP, midwife, school nurse or sexual health advisor for example.  The briefing sheet below identifies where professionals can obtain further advice.

See also guidance on Planning a Conversation with a Young Person who might be Pregnant and Children and Young People under 18 who Become Parents chapters.

3.1.2 A pregnant person over 18

Where a person over 18 is thought to be pregnant, every effort should be made to resolve the issue of whether they are pregnant or not. The vulnerability of the adult needs to be considered and signposted to appropriate services, which may include adult social care.

No pregnant person can be forced to undergo a pregnancy test, or any other medical examination, but in the event of refusal with clear reasons to suspect the person is pregnant, professionals should proceed on the assumption that the person is pregnant until it is proved otherwise. A referral to children’s social care (see Local Contacts) will be required for a multi-agency decision and assessment to ensure appropriate support and intervention are provided at the earliest opportunity and to make plans to safeguard the baby’s welfare at birth. All professional referrals should include an assessment of safeguarding risk / need.

People presenting late in pregnancy, after 20 weeks gestation, should be assessed by maternity services at the booking appointment and potential risks / needs highlighted and considered in relation to safeguarding the unborn baby and other children within the household or family. This will then inform the decision if referral to children social care is required and what early help services would support the family where appropriate.

3.2 Actions on concerns that someone is concealing their pregnancy

Multi-agency liaison should occur involving the GP, midwife, health visitor and any other relevant agency to assess the information and to construct a plan.

It may be appropriate to invite a representative from Mental Health Services (child or adult as appropriate) so that support, advice and/or consultation are available at an early stage.

Where there are additional concerns, e.g. lack of engagement, possibility of sexual abuse, or substance misuse, the referral should be considered under child protection procedures (see Section 47 Enquiries Procedure), which may include convening a pre-birth Child Protection Conference (see Pre-Birth Child Protection Conference Procedure).

4. Risks / Safeguarding Issues

4.1 Underlying reasons

It is acknowledged that there are situations where a pregnant person appears to have been unaware of their pregnancy until the unexpected birth of a baby but adjust quickly to this and can parent safely and effectively. However, this is not always the case therefore possible underlying reasons for concealing the pregnancy must always be fully explored.

The reason for the pregnancy being concealed or denied will be a key factor in determining the risk to the unborn baby / child and any other children in the household or family; these reasons can include but are not limited to: unwanted pregnancy, mental illness (see Parenting Capacity and Mental Health Difficulties chapter), domestic abuse (see Safeguarding Children Impacted by Domestic Abuse chapter), substance misuse (Children of Parents and Carers who Misuse Substances chapter), learning disability (Parents or Carers who have a Learning Disability chapter), sexual abuse (see Recognition of Abuse or Neglect chapter) or exploitation (see Criminal and Sexual Exploitation including Serious Organised Crime and Gangs chapter), fear of social services involvement, religious and / or cultural beliefs, desire to minimise or avoid medicalisation of childbirth, and incestuous or unknown paternity or where paternity is the result of rape or infidelity. Issues such as these may present a risk to the pregnant person and/or the unborn baby / child, as well as other children in the family.

Professionals need to consider any potential vulnerability of the pregnant person and impact on their baby. Research does not suggest that pregnant persons at risk of care proceedings avoid maternity care. However, children’s social care history should always be considered when seeking to understand reasons for concealed or denied pregnancy and assessing level of safeguarding need/risk.

There may be risks to both the pregnant person and the unborn baby/child if they concealed or denied the pregnancy due to fear of disclosing the paternity, for example where the unborn baby / child was conceived as the result of sexual abuse or exploitation, or where the unborn baby / child is not the biological baby / child of the person’s partner.

Young people may conceal or deny their pregnancy due to fear of negative and/or unsupportive reactions from others, such as their partner, parents / carers, peers and / or professionals.

Refugee, asylum seeking, and undocumented migrant pregnant persons face multiple barriers to accessing maternity care which should be considered as part of a wider holistic safeguarding assessment in the event of concealed pregnancy. This includes differing expectations of maternity care from their country of origin, language barriers, having care refused or delayed due to immigration status, being charged for maternity care despite having no ability to pay and multiple moves within asylum system accommodation. An interpreter should always be used where language is a barrier to effective communication.

Late booking can be the result of a person presenting for a termination of pregnancy but being unable to have this procedure as the pregnancy is over 24 weeks gestation. When assessing the level of safeguarding need/risk, professionals should consider the pregnant persons reasons for requesting a termination of pregnancy, accessing termination of pregnancy services late, the impact of continuing with an unwanted pregnancy on bonding, attachment and parenting capacity and any additional or associated risk factors.

Pregnant people continuing with an unwanted pregnancy are likely to need a high level of practical advice and both emotional and psychological support to enable them to decide whether to parent the child themselves or arrange for adoption or fostering. Where the plan is to parent the child themselves, interventions should commence as early as possible in pregnancy to promote parental bonding and continue after the baby is born to optimise infant attachment. Consideration should be given to a children’s social care referral – see Making a Referral chapter.

4.2 Implications

The implications of concealed pregnancy are difficult to predict and wide-ranging.

Chid Practice Safeguarding Reviews (previously Serious Case Reviews) consistently highlight an association between children being seriously or fatally harmed and concealed pregnancy. This is the case, regardless of the birthing persons intention.

Concealing a pregnancy can indicate ambivalence towards the pregnancy, inability to prioritise the unborn baby/child over the pregnant persons own needs, immature coping styles and/or a tendency to dissociate, all of which are likely to have a significant impact on bonding, attachment and parenting capacity.

Potential implications of concealed pregnancy include:

  • pregnant persons may not receive important health and lifestyle advice that when implemented can optimise health outcomes and reduce associated risks for example, drug / medication and alcohol use, smoking cessation, foods to avoid, vitamin supplementation etc;
  • underlying medical and / or obstetric problems in the pregnant person, many of which can present a risk to the unborn baby, may not be detected and managed / treated to reduce associated risks;
  • the health and development of the unborn baby may not be monitored, foetal abnormalities may not have been detected and opportunities to reduce associated risks may be missed. This is of particular importance where alcohol or substance misuse are a factor e.g. arrangements made for an early induction of labour for an unborn baby that is not growing adequately, or for the birth of an unborn baby with an abnormality to occur in a maternity unit with the specialist neonatal services needed to meet their needs;
  • inappropriate medical advice may be given, potentially harmful medications may be prescribed and medical procedures that are not recommended in pregnancy (such as X-rays) may be undertaken, by medical practitioners who are unaware of the pregnancy;
  • increased risk of maternal complications such as post-partum haemorrhage and neonatal complications such as premature birth and low birth weight;
  • increased risk of maternal and neonatal death;
  • increased risk of emotional detachment and poor parent-infant bonding and attachment;
  • opportunities to receive professional advice, support and signposting can be missed;
  • routine enquiry about domestic abuse and referral to specialist domestic abuse support services may not occur. This is of particular importance as domestic abuse is more likely to begin or escalate during pregnancy;
  • parents can be unprepared for the birth of their baby and can find it more difficult to cope with the transition to parenthood;
  • professional opportunities to assess safeguarding need/risk and ensure appropriate support / intervention, such as an early help offer, can be missed;
  • multi-agency safety planning for high risk safeguarding situations cannot be undertaken.

In the context of a concealed pregnancy, the effects of going into labour and giving birth can be extremely distressing and traumatic.

An unassisted birth can be dangerous for both the birthing person and baby, due to complications that can occur during labour and birth.

A planned unassisted birth (free birth) is not in itself a reason to refer to children’s services. Pregnant persons who have mental capacity have the right in law to make decisions about their care, even if those decisions are unwise and could put them or their unborn baby at risk.

However, should there be safeguarding concerns other than just the decision to free birth then a referral to children’s services should be made. The routine holistic assessment of safeguarding risk/need undertaken with all pregnant persons is critical to informing this decision.

It is important to distinguish between a pregnant person who is openly making an informed choice to free birth due to their personal preference, beliefs, values and philosophy around childbirth and a pregnant person who is neglecting their unborn babies needs and may be seeking to evade services. The former generally engage with maternity care to some degree.

It is possible that a birthing person not only conceals the pregnancy and birth, but also the baby’s body, should the baby be stillborn or die after birth. Concealing a birth (including a still birth) is a criminal offence, though enquiries into these circumstances should be conducted sensitively and with due regard to the context in which this takes place.

It is also recognised that there will be situations where the birth of a baby is not declared. It is an offence to not register the birth of a child whether born alive or stillborn under the birth registration and death act 1953.

All of the above highlight the need for an increased level of health services and ongoing assessment of birthing person and baby’s well-being, and monitoring safeguarding risks to the child / children in the period following the birth of the baby.

5. Planning and Intervention

An unborn child has no legal status until the moment they are born. Pregnant persons who have mental capacity have the right in law to make decisions about their care, even if those decisions are unwise and could put them or their unborn baby at risk. Pregnant persons should be given full unbiased information about their options and associated risks and benefits. Where a pregnant person chooses free birth, their choice should be supported, and contingency plans co-produced wherever possible.

If there are concerns that a pregnant person lacks the mental capacity to make the decision to freebirth, decisions may need to be made in their best interests. In such circumstances, legal advice should be sought at the earliest opportunity.

Assessments should identify clear expectations of parents/carers and ensure that should they fail to comply this would constitute a significant risk factor and point to the need to activate further child protection processes and/or Care Proceedings. Under such circumstances legal advice should be sought.

Police must be notified of any child protection inquiries made by children’s social care following a concealed pregnancy. Consideration must be given as to whether a joint investigation is needed. This will be dependent upon whether an offence may have been committed or if the child is at risk of significant harm

5.1 Action on presentation in labour or following an unassisted delivery of a concealed pregnancy

5.1.1 Action by Maternity Staff

In all cases where a pregnant person arrives at hospital in labour or following an unassisted delivery, as a result of a concealed pregnancy, an immediate referral must be made to children’s social care – see Making a Referral Procedure.

The baby should not be discharged until a Strategy Discussion has been held and appropriate assessments undertaken. The Strategy Discussion must consider the initiation of a psychiatric assessment; mental health representation should be included in this strategy discussion.

Where the referral is received out of hours in relation to a baby born as the result of a concealed pregnancy, the Emergency Out of Hours Service will take steps to prevent the baby being discharged from hospital until children’s social care have been informed and given their approval for discharge, in most instances this would be until after a Strategy Discussion has been undertaken. The baby should not be discharged out of hours.

5.1.2 Action by Children’s Social Care Staff

In situations where a pregnant person presents during labour then consideration should be given to commencing a Section 47 Enquiry.

If a pregnant person presents following unassisted delivery in the context of a concealed pregnancy then a Section 47 Enquiry must commence.

5.2 Immediate protective actions

In normal circumstances this would be through a voluntary agreement, although clearly there could be circumstances in which it might be necessary to consider an application for an Emergency Protection Order, or to seek the assistance of the Police, e.g. Police Protection, to prevent the child from being removed from the hospital.

In both situations children’s social care should consider allocating the assessment to a worker with mental health expertise.

If the child has been harmed, has died or been abandoned, child protection procedures will apply and a joint investigation will be conducted with the relevant police and children’s social care team.

6. Future Pregnancies

Only when the underlying reasons for a previous concealed pregnancy are revealed, explored and addressed, can the risks associated with future concealment be substantially reduced.

Following a concealed pregnancy where significant risk has been identified, children’s social care should take the lead in developing a multi-agency contingency plan, to address the possibility of a future pregnancy. This must include a clearly defined system for alerting children’s social care if a future pregnancy is reported or suspected.

Where there is a known history of previous concealed pregnancy, professionals should consider referring to Children’s Social Care as soon as any subsequent pregnancy is known. People who have already concealed a pregnancy are at an increased risk of doing so in the future. A referral should also be considered when a previous pregnancy was booked late into antenatal care, considering the reasons given and associated risks to the pregnant person and unborn child. An holistic assessment of current safeguarding risk/need will inform decision making.

Where there is a known plan in place, it must be activated as soon as professionals become aware of a subsequent pregnancy. The urgency of the meeting will depend on the stage of pregnancy. It is important that all key professionals working with the family are included. At any stage in the process, consideration must be given to the appropriateness of a full psychiatric assessment.

Effective and timely information sharing is a critical factor in safeguarding pregnant children/young people and the unborn child. Consent to share information for the purposes of safeguarding is not required but, in most circumstances, the pregnant person concerned should be informed, unless doing so would increase the risk, for example where there is concern that the pregnant person is likely to abscond.

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Last reviewed January 2024.

Date of next review January 2026.

1. Introduction

Surrogacy is one of several ways for someone to become a parent who would otherwise be unable. The UK Government supports surrogacy as part of the range of assisted conception options. Surrogacy arrangements are not legally enforceable, and it is not generally recommended that those considering surrogacy do so independently. Surrogacy is legal in the UK providing the surrogate receives no payment beyond her reasonable expenses.

It is illegal to advertise for a surrogate in the UK. Most people have a family member or friend willing to carry the child, others join a surrogacy organisation.

As society has changed, surrogacy has become more common – the number of children born from surrogacy has increased almost fourfold over the last decade.

In the UK, surrogacy is governed by the Surrogacy Arrangements Act 1985 and certain provisions of the Human Fertilisation and Embryology Act 2008.

This is rapidly evolving area of reproductive practice; each case may present unique circumstances and challenges. There should be a low threshold for seeking legal and/or safeguarding advice at an early stage.

2. Related Guidance

Professionals should read this policy in conjunction with National and Local policies and procedures as listed below.

Health professionals must read their own organisation policy in conjunction with Care in Surrogacy: Guidance for the Care of Surrogates and Intended Parents in Surrogate Births in England and Wales (Department of Health and Social Care) which includes legal context and guidance, pre-birth, birth planning and post birth, sources of advice and support, and a checklist for surrogacy documentation.

ESHT Policy Regarding Management of Surrogacy (East Sussex Healthcare NHS)

SASH Policy contact your designated safeguarding professional for the Maternity Surrogacy Guideline

UHSx Policy- contact your designated safeguarding professional for the Management of Surrogacy policy.

2.1 Other guidance

Having a Child Through Surrogacy (Department of Health and Social Care)

Care in Surrogacy: Guidance for the Care of Surrogates and Intended Parents in Surrogate Births in England and Wales (Department of Health and Social Care)

2023 Draft Bill Surrogacy –Surrogacy – Law Commission

Surrogacy: Legal Rights of Parents and Surrogates (gov.uk)

Surrogacy Arrangements Act 1985

The Surrogacy Pathway: Surrogacy and the Legal Process for Intended Parents and Surrogates in England and Wales (gov.uk)

Having a Child through Surrogacy (gov.uk)

Human Fertilisation and Embryology Act 2008

Mental Capacity Act 2005

Sussex Safeguarding Adults Policy and Procedures

3. Definitions and Key Terminology

Surrogate is the preferred term for women who are willing to help IP(s) to create families by carrying children for them. A surrogate may or may not have a genetic relationship to the child that she carries for a couple.

Intended parent/s (IP/s) :These are couples or individuals who cannot have a child themselves and who are considering surrogacy as a way to become a parent. They may be heterosexual or same-sex couples in a marriage, civil partnership or living together/co-habiting, or individuals regardless of their relationship status. To apply for a parental order (which is the way that legal parenthood is transferred from the surrogate to the IPs), at least one of the IPs in a couple must be a genetic parent of the child born to them through surrogacy. An individual may also apply for a parental order to transfer legal parenthood as long as they are genetically related to the child. IP(s) generally prefer to be referred to as the parent(s) of the child.

Straight (also known as full or traditional) surrogacy uses the egg of the surrogate mother and the sperm of the intended father. Thus, the baby is biologically related to the intended father and the surrogate mother. The intended father, in either a heterosexual or male same-sex relationship, or an individual, provides a sperm sample for conception through either self-insemination at home (there may be additional health and legal risks to carrying at self- insemination at home compared to treatment in a clinic) or artificial insemination with the help of a fertility clinic. As the Mother is biologically related to the baby, this may make it difficult for the surrogate mother to give up her biological child, but also for the intended mother to accept a child which her husband has fathered with another woman.

Host (also known as gestational) surrogacy is when the surrogate doesn’t provide her own egg to achieve the pregnancy. In such pregnancies, embryos are created in vitro and transferred into the uterus of the surrogate using:

  • eggs of the intended mother fertilised with sperm of the intended father or donor; or
  • eggs of a donor fertilised with sperm of the intended father, where the intended mother cannot use her own eggs or the IPs are a same-sex male couple.

A baby conceived by this method has no genetic connection to the surrogate mother.

4. Surrogacy Agreement

4.1 What is a surrogacy agreement?

An agreement between IP(s) and a surrogate (and her spouse or partner if she has one) is not a legally binding document but rather a statement of intention about how the arrangement will work and the commitment that each party is making to the other in advance of the surrogacy commencing.

A professional in any agency may become aware of the surrogacy arrangement and have concerns about:

  • the suitability of the intended parents to care for the child;
  • conflict between the adults in a surrogacy arrangement, for example that the surrogate mother is under pressure to relinquish the child against her will; and / or
  • concerns around the amount of expenses being ‘reasonably incurred’;
  • the safety and health of the surrogate and child will always be of paramount importance.

For example, hospital staff and midwives may become aware that a baby about to be born, or just born, is the product of a surrogacy arrangement and have grounds to doubt the intended parent’s identity/suitability to care for the baby.

An unborn or new-born child in these circumstances could be at risk of physical and emotional abuse and/or neglect.

In these circumstances, any agency holding such concerns has a responsibility to safeguard and promote the welfare of the unborn or new-born child, and professionals should follow the Making a Referral Procedure to Children’s Social Care.

Children’s Social Care responses should be proportionate to what are likely to be very individual circumstances and legal advice will probably be required.

Consideration must also be given as to whether the surrogate is an adult at risk of harm or abuse themselves including the possibility of exploitation and or human trafficking for the purpose of surrogacy. Professionals need to consider whether a referral needs to be made to Adult Social Care for assessment – see Sussex Safeguarding Adults Policy and Procedures.

5. Legal Considerations

The Surrogacy Arrangements Act 1985 makes it clear that it is an offence to advertise that someone is looking for a surrogate or an Intended Parent (Ips).

It is also an offence under the Act to arrange or negotiate a surrogacy agreement as a commercial enterprise. However, there are several non-profit organisations that lawfully assist potential surrogates and IPs to navigate their surrogacy.

See also Surrogacy: Legal Rights of Parents and Surrogates: Overview (gov.uk)

A child’s birth must be registered by someone holding PR eg: the surrogate or her husband within 6 weeks of birth, this should be explained to both the surrogate and the intended parents.

6. Parental Order Process

When a child is born through surrogacy, the intended parent(s) (IP(s)) should apply to the family court for a parental order. The parental order transfers legal parenthood from the surrogate (and her spouse or civil partner, if she has one) to the IP(s). It can only be made with the surrogate’s consent

The parental order process takes place after birth and involves the family court and a court-appointed social worker. This provides a valuable safeguard for the best interests of the child.

If there is any doubt about the IP(s)’ eligibility to apply or any concerns by either the IP(s) or surrogate about the other’s commitment in the process, then legal advice should be sought. For the full criteria, please see section 54 of the Human Fertilisation and Embryology Act (2008).

If all the legal criteria are met, the court’s paramount consideration in making the parental order is the child’s lifelong welfare.

Up until the granting of the Parental Order by the Court, the surrogate can apply for a Residence Order to stop the Parental Order being made or seek the return of child. The intended parents can make a counter application.

For an explanation of the parental order process please see Parental Orders: Surrogacy (CAFCASS)

7. Parental Responsibility

In the UK, the surrogate is the legal parent of the child unless a parental order is obtained from the court; this applies even if the eggs and sperm used are those of the IP or donated (i.e., if the surrogate is not genetically related to the child). Once a parental order for the baby is granted, the surrogate will have no further rights or obligations to the child.

Since the surrogate remains the legal mother at birth, staff should ensure they are satisfied that they consent to the provisions within the surrogacy agreement and that the postnatal arrangements, including any delegations they have made to the IP(s), are written clearly in the medical notes. While it is often the case for a surrogate child to be transferred to the IP(s) at birth, the written consent of the surrogate should be provided if the child is to be discharged with the IP(s) and independently of the surrogate.

Under no circumstances should the child be discharged with the IP(s) without the surrogate’s consent. However, there is no need to inform a social worker or lead for safeguarding unless staff determine that either party may be experiencing difficulty or there is some other reason that staff consider a social worker should be contacted.

See also Care in Surrogacy: Guidance for the Care of Surrogates and Intended Parents in Surrogate Births in England and Wales (Department of Health and Social Care)

8. Care of the Surrogate: Mental Capacity

It is essential that the surrogate has the mental capacity to consent to surrogacy and to make decisions about her care and that of the child post-partum. Should staff have any concerns regarding the mental capacity of the surrogate, then a formal assessment of capacity should be performed (staff are advised to follow the Trust’s consent policy). In the event that the surrogate lacks capacity to provide her consent or to make a particular decision, then treatment should be given having regard to the best interests of the surrogate. However, staff are advised to consult the trust’s lead on mental capacity, taking into account the Mental Capacity Act 2005, prior to administering non-emergency treatment in such circumstances. As part of this process, the adult safeguarding team should be involved and an assessment of need/support undertaken and action taken accordingly. See also Sussex Safeguarding Adults Procedures.

9. Disputes

Disputes in surrogacy are rare. Where the parties are being supported by one of the national altruistic surrogacy organisations, the organisation will usually offer assistance and support to help resolve any difficulties. Professionals should attempt to work with the surrogate and the IP(s) at all times. However, in the event of an unresolvable dispute, the surrogate’s wishes must be respected, regardless of what is set out in any surrogacy agreement or consents that may previously have been provided.

Professionals may wish to consider contacting the lead for safeguarding children for further advice and guidance if a dispute continues or a concern arises.

10. Telling the Child they were Born through Surrogacy

Research suggests that openness, confidence and transparency about a child’s origins from an early age (pre-school) is the best way to talk to children about their identity and origins. It is usually better to tell children when they are still young. Many parents like to be open with their child from as early an age as possible.

This prevents any risk of them finding out by mistake, or doubting their genetic connections as they grow older. The Donor Conception Network suggests the goal of early ‘telling’ is that a child should grow up ‘never knowing a time when they didn’t know’.

Support can be found here: Telling Children about their Conception (Donor Conception Network).

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Last reviewed in October 2022.

Next review in October 2025.

Involvement of family members in sex work does not necessarily mean children will suffer significant harm.

If the parent is sex working from home, risks to children should be assessed on a case-by-case basis as circumstances may vary dramatically.

Some people may see only one or two known, regular clients, whilst others may be advertising their services and accepting bookings for new, unknown clients. The risks to children if the parent is sex working from home come from the following potential sources:

  • risk of harm to the child from adults;
  • exposure of the child to sexual activity / materials;
  • emotional, physical or sexual abuse of the parent or any behaviour in another adult which leaves the parent involved in sex work in fear;
  • the child being left alone whilst the parent is working;
  • the child being left with responsibility for younger siblings;
  • factors associated with parents / carers who misuse drugs and / or alcohol or who have mental health difficulties (see Children of Parents and carers who Misuse Substances chapter and Parenting Capacity and Mental Health Difficulties chapter).

If the parent is sex working online via webcam or webchat, consideration should be given to cyber security to prevent children from accessing inappropriate sexual content or images online, and other risk of harm to children through being identified online, for example by a client of the parent accessing personal information about the parent, child or family via social media. Mitigating action may include:

  • restricting access to social media and email accounts;
  • parents using separate accounts for work and not enabling ‘syncing’ between accounts or devices;
  • not sharing digital devices with children;
  • ensuring photos of children or other identifiable information is out of view of any webcam.

If others are working from the premises this may  present additional risks in terms of how much control the parent or carer has over safety on the premises.

As per the Children and Young Persons Act 1993 (Section 3) it is an offence to allow a child or young person into a premises classed as a brothel. The legal definition of brothel is more than one person selling sexual services from a premises.

When sharing information around risks to a child around parent sex working, consideration should be given as to how information is shared, why and with whom, to prevent further risk from harm to the child or parent. Any discussion with children around parental sex work may have an emotional impact on the child and should be age-appropriate and conducted with care. Children may feel a sense of secrecy or shame, and fear about sharing information. Risks to parent (or child) from harm – for example domestic abuse or family breakdown- may increase with exposure of sex work.

The child protection procedures described in Making a Referral and Action on Receipt of Referrals chapters apply in these circumstances.

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Last review July 2023.

Next review July 2026.

1. Aims of this Guidance

The primary aim of this guidance is to protect children in Sussex from the serious injuries that can be inflicted by dogs that are prohibited, dangerous or poorly managed.

The guidelines set out to explain and describe:

  • the children most likely to be vulnerable and the dogs most likely to be dangerous;
  • the information that should be gathered when any child is injured by a dog and the criteria that should prompt a referral to Children’s Social Care;
  • the basis for an effective assessment of risk and the options for action that could be considered by strategy meetings or child protection conferences.

2. Dangerous Dogs

The Dangerous Dogs Act (1991) (amended with effect from 13 May 2014 by the Antisocial Behaviour, Crime and Policing Act 2014) provides detailed information on the legislation covering certain types of dogs, the responsibilities of owners and the actions that can be taken to remove and/or control dogs. As a result of the 2014 Act, it extends to private places, the offence of owning or being in charge of a dog that is dangerously out of control (previously was only applicable in a public place); provides that a dog attack on an assistance dog constitutes an aggravated offence; and ensures that the courts can take account of the character of the owner of the dog, as well as of the dog, when assessing whether a dog should be destroyed on the grounds that it is a risk to the public.

Any dog can be ‘dangerous’ (as defined by The Act) if it has already been known to inflict or threaten injury.

A dog can also be defined as “dangerously out of control” by the Act: “For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so”.

Certain dogs are ‘prohibited’ and if any agency has any knowledge or report of a dog of this type, the matter should be reported to the police immediately. Prohibited breeds are defined by the Act as “any dog of the type known as Pit Bull Terrier, the Japanese Tosa, the Dogo Argentino and the Fila Braziliero”.

Injuries inflicted by certain types of dog are likely to be especially serious and damaging. Strong, powerful dogs such as Pit Bull Types will often use their back jaws (as opposed to ‘nipping’) and powerful neck muscle to shake their victims violently as they grasp.

When reports of ‘prohibited’ dogs and known or potentially dangerous dogs are linked to the presence of children, all agencies should be alert to the possible risks and consequences.

3. The Dog and the Child: Family Context

When you visit a family that has a dog, you need to consider whether or not the dog poses any threat to the child’s health, development or safety. Points to consider include:

  • all children are potentially vulnerable from attack(s) from dog/s;
  • young and very small children are likely to be at greatest risk;
  • a young child may be unaware and unprepared for the potential dangers they could face;
  • a young child may less able to protect themselves and more likely to be of a size that leaves especially vulnerable parts of their body exposed to any ‘assault’;
  • is it a large dog in a small home;
  • is the dog left alone with the child;
  • how much money is spent on the dog compared to the child;
  • if you consider a dog is a serious risk to a child you should contact the police immediately.

4. Owners and Families (including Extended Family and Temporary Carers)

  • Many commentators will insist that ‘the owner, not the dog’ is the problem.
  • There will be occasions when even the ‘best’ of owners fails to anticipate or prevent their dog’s behaviour.
  • The care, control and context of a dog’s environment will undoubtedly impact on their behaviour and potential risks.
  • Research indicates that neutered or spayed dogs are less likely to be territorial and aggressive towards other dogs and people.
  • Dogs that are kept and/or bred for the purpose of fighting, defending or threatening are likely to present more risks than genuine pets.
  • Some dogs are kept as a status symbol and can be part of the criteria of belonging to a gang.

4.1 Owners

  • Owners linked to criminal activity, anti-social behaviour, drugs or violence may have reason to encourage aggressive behaviour from dogs.
  • Owners with interests and histories in crime, violence, drugs or anti-social behaviour are unlikely to appreciate or prevent the possible risks their dog(s) present to children.

4.2 Families characterised by high levels of aggression and domestic tensions

  • Are more likely to trigger excitement and possible attacks by dogs;
  • Are less likely to appreciate and anticipate risks;
  • May be less likely to take necessary precautions;
  • May be less likely to guarantee the safety of the most vulnerable children;
  • Very young, small children living in chaotic or dysfunctional families are likely to be especially vulnerable;
  • Prohibited, dangerous, powerful dogs are likely to inflict the most serious injuries.

5. Practitioner Guidance

Any agency aware of a dog that could be prohibited or considered dangerous should collect as much information as possible:

  • the dog’s name and breed;
  • the owner’s details;
  • clear discussions with the owner regarding planned management of the dog where there are children in the household or wider family;
  • where the agency / individual is unsure, advice should be sought from the Operations Manager, Dog Unit or supporting personnel within the Police.

5.1 Risk Factors: Dangerous Dogs

  • Is the dog’s owner usually present?
  • Is the dog exercised outside the property?
  • Does the dog have off lead exercise? Does the dog live in a yard/garden?
  • Does the dog destroy/chew things?
  • Has the dog ever been involved in a biting incident with another dog?
  • Has the dog ever bitten a person?
  • Was the dog chosen for its breed or its temperament?
  • Does the owner have any previous convictions?
  • What size is the dog?
  • Is the dog fed from human plates at mealtimes?

Any agency:

  • Aware of an injury to a child caused by a dog;
  • Or treating an injury to a child caused by a dog;
  • Should establish precisely when and how the injuries were caused;
  • If and when there is any history of previous, similar injuries.

Consideration should be given to whether the injuries caused are “non accidental injuries”. If believed so then multi agency approach to be established to safeguard the child is paramount.

6. Referral to Children’s Social Care

A referral should be considered if any of the following criteria apply:

  • the child injured is under two years of age;
  • the child is under five years of age and injuries have required medical treatment;
  • the child is over five years and under 16 and has been injured more than once by the same dog;
  • the child is between five years and 18 years and the injuries are significant;
  • the child / young person is under 16 years of age, injuries have required medical treatment and initial information suggests the dog responsible could be prohibited and/or dangerous;
  • a prohibited and/or dangerous dog is reported and/or treated, and is believed to be living with and/or frequently associated with children under five years.

Some referrals might be logged ‘for information’ only if there is very clearly no significant or continued risk to the child, or other children (for example, if the dog has already been ‘put down’ or removed).

Some referrals might prompt information on dogs and safe care of children if the incident or injury was clearly minor, if the child was older or if the family have clearly shown themselves to be responsible dog owners.

More serious cases might prompt further and more formal discussions with other agencies including Strategy Discussions:

  • home visits to complete fuller assessments and to inform judgements on parenting and the care and control of dog/s;
  • advice might be sought from a vet to help determine the likely nature or level of risk presented by the dog/s.

As with all other assessments “the welfare of the child is paramount”.

If agencies cannot be satisfied that any further risks will be addressed, they should consider all statutory options open to them to protect the child or remove the dog/s.

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Date reviewed April 2023.

Date of next review July 2026.

RELATED GUIDANCE

Criminal Injuries Compensation: A Guide (gov.uk)

1. Introduction

The Criminal Injuries Compensation Scheme is a government-funded scheme to compensate victims of violent crime, administered by the Criminal Injuries Compensation Authority (CICA). Where a Looked After Child appears to qualify (see Section 2, Eligibility), legal advice must always be sought as to whether or not an application should be made. The CICA can be contacted for advice on eligibility and making a claim.

The purpose of the Scheme is to provide compensation to victims who suffer a serious physical or mental injury as the direct result of a violent crime. The rules of the Scheme and the value of the payments that can be awarded are set by Parliament and are calculated by reference to a tariff of injuries.

The CICA consider the circumstances surrounding the incident and the claimant’s character. Further guidance can be found in Criminal Injuries Compensation: A Guide (gov.uk) including grounds for withholding or reducing an award.

2. Eligibility

A “crime of violence” is described in the CICA guidance as “a crime which involves:

(a) a physical attack;

(b) any other act or omission of a violent nature which causes physical injury to a person;

(c) a threat against a person, causing fear of immediate violence in circumstances which would cause a person of reasonable firmness to be put in such fear;

(d) a sexual assault to which a person did not in fact consent; or

(e) arson or fire-raising.

(2) An act or omission under sub-paragraph (1) will not constitute a crime of violence unless it is done either intentionally or recklessly”

Compensation may be awarded for:

  • physical injuries;
  • disabling mental injuries;*
  • sexual or physical abuse.

*The CICA guidance describes a disabling mental injury (which must have lasted for at least six weeks) as:

A disabling mental injury is something that significantly affects your day-to-day performance at work or school, your relationships, or your sexual relationships. Mental injuries must be diagnosed by a psychiatrist or clinical psychologist.

In addition, payments may be made for:

  • loss of earnings and special expenses;
  • bereavement following the death of a close relative from a violent crime.

3. Timescales

In most cases the victim must apply within two years of the crime happening.

The victim may be able to claim for a crime that happened more than two years ago if one or both of the following apply:

  • the victim is claiming because of childhood sexual or physical abuse;
  • the victim could not claim earlier, for example because their mental or physical health prevented them from doing so.

Different rules apply, however, where the applicant was under 18 years of age on the date of the incident. The application should always be made as soon as possible. However, the CICA guidance recognises that a child / young person may be claiming in relation to injury sustained as a result of a period of physical or sexual abuse, and that a young person abused as a child may not have felt able to report the incident for some time after the abuse happened.

All incidents must be reported to the police before a claim can be made to the CICA.

No matter how long ago the abuse took place, it should be reported to the police before a claim can be made:

  • if the incident or period of abuse was reported to the police before the young person turned 18, a claim will be accepted up to the young person’s 20th birthday;
  • if the incident or period of abuse took place before the young person turned 18 but was not reported to the police at the time, a claim will be accepted within two years of the date when the incident was first reported to the police;

If it has not been reported to the police, then the CICA will reject the claim.

4. Making an Application

An application for compensation should be made by the victim of the offence. If the victim is under the age of 18, the application must be made by an adult who has Parental Responsibility for them. If the victim is the subject of a Care Order, the CICA will expect any application to be made by the Local Authority named in the order. In all other situations an application should be made by a person who holds Parental responsibility for the child, even if the child is accommodated by the Local Authority. Children’s Social Care has no power to apply on behalf of a child who is not in its care.

Victim and Witness information assistance is available for victims living in England and Wales (see Victim and Witness Information).

Applications can be made:

CICA Inside the UK: 0300 003 3601 Outside the UK: +44 (0)203 684 2517 Monday to Friday, 10 am to 3 pm Relay UK (for people who cannot hear or speak on the phone): 18001 0300 003 3601 Find out about call charges.

4.1 Supporting evidence

The Criminal Injuries Compensation Authority (CICA), will require the following information in support of an application for compensation:

  • the date and location of the crime;
  • the name of the police station where the crime was reported;
  • the crime reference number;
  • GP’s name and address;
  • dentist’s name and address (if the victim had dental treatment because of their injuries);
  • details of any previous applications made by the victim to CICA;
  • details of any unspent criminal convictions.

5. Accepting a Payment

Legal advice from the Local Authority’s legal advisor should be sought without delay as to whether the offer should be accepted.

The acceptance form must be completed and returned to the CICA within 56 days of it being sent. If it is not returned within 56 days, and no written request has been made for a review or an extension of time, a payment will not be made.

The CICA may extend the 56-day time limit for up to a further 56 days, but only if there are exceptional circumstances which mean that you could not have complied with the time limit. Only one such extension may be allowed.

6. Reviewing Decisions

If the Local Authority’s legal advice is that the decision should be reviewed, a written application for a review must be submitted within 56 days of the date of the original decision. A review form will be sent with the decision. Any additional evidence in support of the claim must be submitted.

If it will take longer than 56 days to collect the supporting evidence, a request should be made for the time limit to be extended by up to a further 56 days. Such requests can be made after the expiry of the first 56 days, but such requests will only be granted if there are exceptional circumstances which meant you could not have requested an extension earlier.

The decision will be reviewed by a different claims officer.

The review decision can be more or less favourable than the original decision, or the original decision may be unchanged.

If the review decision is not accepted, an appeal may be made.

7. Appealing Decisions

A review decision can be challenged by appealing, within 90 days of the date of the review decision, to the First-tier Tribunal (Criminal Injuries Compensation). An appeal form will be sent with the review decision. The form and supporting evidence should be sent to: First-tier Tribunal (Criminal Injuries Compensation) Wellington House 134-136 Wellington Street Glasgow G2 2XL.

The Tribunal is independent of the CICA.

The Tribunal must hold a hearing before making a decision unless it considers that it is able to decide the matter without a hearing and each party has consented to, or has not objected to, the matter being decided without a hearing.

The appeal tribunal may make a decision that is more favourable or less favourable than the review decision, or the review decision can stay the same.

8. The Award

Payment of compensation is usually by a single lump sum, but if a medical situation is unclear, one or more interim payments may be made.

No compensation will be paid until the CICA receives an acceptance of the award in writing. Every effort must therefore be made to minimise the delay in responding to the Authority.

If the payment is accepted, the CICA will normally put the money in an interest-earning deposit account in the child’s name, the payment to be paid to the child (together with all interest earned) when they reach 18.

The CICA may consider requests to make payment into a Child Trust Fund/Junior ISA or another type of account where the full value of the payment is protected until the child is 18 years old.

9. Advancing Money from the Award to the Child

The CICA may allow advances if these are needed for the child’s sole benefit, education or welfare (not for general spending money).

They may consider making a full payment if the child is 16 or 17 years of age and living independently.

The CICA need evidence (normally a receipt) proving that the compensation was used for the purposes intended. If they don’t receive this evidence, they may not allow any further advances.

10. When a Young Person is 18

When the young person reaches the age of 18 years, responsibility for handling the money awarded by the Criminal Injuries Compensation Authority will be handed over to them unless it is felt they would be incapable of dealing with it.

If the CICA receive evidence which shows it would not be in the child’s best interests to be given the payment as a lump sum when they turn 18, they may consider the use of an annuity or a trust at that time.

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This policy was last reviewed in July 2023.

Date of next review July 2026.

1. Definition of Child Witness Support

A service available to children and young people required to give evidence in criminal proceedings, either in relation to their own abuse, or as a witness to crimes committed against another person.

This service will seek both to prepare the witness in practical terms to give evidence in criminal proceedings, and provide support to witnesses during the period leading up to any trial, which is bound to be a time of high anxiety and stress.

2. Threshold

The service will be offered to every child who is a victim of an offence that is subject to criminal proceedings or is to be called as a witness at such proceedings.

In such cases the police will make referrals to the Young Witness Service (YWS) if the trial is listed at a Crown Court and Citizen Advice Witness Service (CAWS) if listed at a Magistrates Court, who will then liaise with Children’s Social Care to identify a support worker to undertake the appropriate work with the witness.

3. Response

All staff from Children’s Social Care, the YWS, CAWS, and police officers involved in supporting children through the court process, must have undergone the appropriate training as provided by each agency. They must have been evaluated to be competent in providing the service.

4. Pre-Trial Therapy Support

4.1 Identifying children who wish to receive therapy

Where a child is a witness in criminal proceedings and therapy is being considered for that child or young person, contact should be made with the police officer in charge of the case before therapy commences. This will allow the Crown Prosecution Service to be contacted to ascertain whether the therapy will have any bearing on the criminal trial. It should however be stressed that the child’s needs for therapy will always be paramount even if this is likely to prejudice the criminal case.

4.2 Children involved in Child Protection Conferences

For those children who are subject to the Child Protection Conference process, it will be the responsibility of the CPC to identify therapeutic needs and make the necessary link to the police if they are not in attendance at the Conference.

4.3 Children not involved in Child Protection Conferences

In these cases the child witness supporter will highlight the need for parents/carers to inform them if they are considering therapy for their child in advance of it commencing. The child witness supporter will then alert the officer in charge of the case so that negotiations may take place with the police.

4.4 Pre-trial therapy

There is a clear distinction between the use of therapy by qualified practitioners, and the formal preparation of a witness to give evidence in court.

Therapeutic work can broadly be placed in two categories: counselling and psychotherapy.

Counselling will address a number of issues, including:

  • the impact on the child of the abuse;
  • improving self-esteem and confidence;
  • information on abusive and safe relationships.

Psychotherapy will address issues including:

  • treatment for emotional and behavioural disturbance;
  • treatment of a traumatised child who may display mental health symptoms.

4.5 Therapists

Therapists may work within the Health Service, Children’s social care, the voluntary sector or privately.

When it has been agreed that such services will be provided to a child witness, it is imperative that the therapist / counsellor has had the appropriate training for the type of work to be undertaken. Membership of an appropriate professional body or other recognised competence may be an indication of their suitability.

In addition they should have a clear understanding of the effects of abuse on children, together with knowledge of the rules of evidence, and how these may be affected by any therapy provided to a child. They should have read Pre-Trial Therapy and Pre-Trial Therapy: Accompanying Note for Therapists both published by the Crown Prosecution Service.

5. Legal Issues

All people who work with children before a criminal trial must be aware of the possible impact of their work upon subsequent evidence in the trial.  Some types of therapeutic work are more likely to undermine the credibility of a child witness than others. Any discussion by a child of their evidence during therapy must carefully be considered. This could lead to allegations of coaching, and the likely failure of the criminal case, and should be avoided if at all possible.

A balance must be struck between the needs of the child and the resultant impact of any therapy on the criminal proceedings. However, where this balance becomes critical, the best interests of the child are paramount.

Before commencing therapy, the therapist should be made aware of any pending criminal proceedings.

Although the decision to commence therapy with a child is not one for the police or CPS, they should be informed that any therapy is proposed or has been undertaken. The CPS will then be able to advise, if requested, on the likely impact of the therapy on the evidence.

If there is a demonstrable need for therapeutic work that is likely to jeopardise the criminal proceedings, consideration may need to be given to abandoning those proceedings in the interests of the child’s well being.

If during the course of any therapy, new allegations of abuse are made, or any information is received that is inconsistent with the original allegation, the Police or Children’s Social Care must be informed.

In all cases where an allegation of abuse is received before any therapy taking place, the evidence should be recorded using a video recorded interview before any therapy commences.  Where an allegation arises from the therapy itself, then any decision as to how to proceed should be made during a strategy discussion, which should include the therapist.

6. Recording

It is vital that a comprehensive record is made of any therapeutic work undertaken, and that any such records are preserved.

The Police have a duty to reveal the existence of any information or evidence that may undermine the prosecution case or assist the defence. Accordingly, any records kept by therapists may become part of the evidence in the case. At any time during the proceedings the police, CPS, defence or the Court, may make a request for these records. Therapists should consider obtaining legal advice before releasing any such material.

Therapists may be called as witnesses themselves in any proceedings, and should be prepared for this possibility.

In light of this, therapists should not guarantee confidentiality in advance of any therapeutic work with a child. An understanding should be reached at the outset with a child and their carers about the requirement for any records to be disclosed.

Section 28 is Youth Justice and Criminal Evidence Act (YJCE) 1999 currently (as at July 2023) being rolled out in phases, Section 28 allows for the pre-trial recording of the cross examination of certain categories of victims and witnesses and can include defence witnesses. This can include the provision of certain ‘special measures’ being used during trials.

When Section 28 of the Youth Justice and Criminal Evidence Act 1999 (s.28 YJCEA 1999) is bought into force by Statutory Instrument for a particular Crown Court, under that S.I., a witness will be eligible for special measures under s.28 if (1) He or she is under the age of 18 at the time of the special measures hearing; or (2) He or she suffers from a mental disorder within the meaning of the Mental Health Act 1983, or has a significant impairment of intelligence and social functioning, or has a physical disability or a physical disorder, and the quality of their evidence is likely to be diminished as a consequence.

Witnesses eligible for special measures under s.28 YJCEA 1999 should be identified by the Police. The Police and Crown Prosecution Service should discuss, with the witness or with the witness’ parent or carer, special measures available and the witness’ needs, such that the most appropriate package of special measures can be identified. This may include use of a Registered Intermediary. More information on these services can be found on Special Measures (The Crown Prosecution Service).

Special measures are a series of provisions that help vulnerable and intimidated witnesses give their best evidence in court and help to relieve some of the stress associated with giving evidence. Special measures apply to prosecution and defence witnesses, but not to the defendant and are subject to the discretion of the court. The special measures available to vulnerable and intimidated witnesses, with the agreement of the court, include:

  • screens (available for vulnerable and intimidated witnesses): screens may be made available to shield the witness from the defendant (s23 YJCEA);
  • live link (available for vulnerable and intimidated witnesses): a live link enables the witness to give evidence during the trial from outside the court through a visual link to the courtroom. The witness may be accommodated either within the court building or in a suitable location outside the court (s24 YJCEA);
  • evidence given in private (available for some vulnerable and intimidated witnesses): exclusion from the court of members of the public and the press (except for one named person to represent the press) in cases involving sexual offences or intimidation by someone other than the accused (s25 YJCEA);
  • removal of wigs and gowns by judges and barristers (available for vulnerable and intimidated witnesses at the Crown Court) (s26 YJCEA);
  • visual recorded interview (available for vulnerable and intimidated witnesses): a visual recorded interview with a vulnerable or intimidated witness before the trial may be admitted by the court as the witness’s evidence-in-chief, for adult complainants in sexual offence trials in the Crown Court. A visual recorded interview will be automatically admissible, upon application, unless this would not be in the interests of justice or would not maximise the quality of the complainant’s evidence (s27 YJCEA). Section 103 of the Coroners and Justice Act 2009 relaxes the restrictions on a witness giving additional evidence in chief after the witness’s visual recorded interview has been admitted);
  • pre-trial visual recorded cross-examination or re-examination a visual recorded examination of the witness recorded at an earlier point in the process than the trial may be admitted by the court as the witness’s cross-examination and re-examination evidence in the Crown Court. This can only be applied for where there has been a s27 direction for a visual recorded interview to be admitted as evidence and when a victim or a witness meets the vulnerable criteria. A visual recorded examination will be automatically admissible, upon application, unless this would not be in the interests of justice or would not maximise the quality of the complainant’s evidence (s28 YJCEA);
  • examination of the witness through an intermediary (only available for vulnerable witnesses): an intermediary may be appointed by the court to assist the witness to give their evidence at court. They can also provide communication assistance in the investigation stage – approval for admission of evidence so taken is then sought retrospectively. The intermediary is allowed to explain questions or answers so far as is necessary to enable them to be understood by the witness or the questioner but without changing the substance of the evidence (s29 YJCEA);
  • Aids to communication (only available for vulnerable witnesses): aids to communication may be permitted to enable a witness to give best evidence whether through a communicator or interpreter, or through a communication aid or technique, provided that the communication can be independently verified and understood by the court (s30 YJCEA).
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1. Abusive Images

For the purposes of child protection, abusive images of children can be divided into:

  • those which are unlawful (indecent or prohibited images of children) and
  • material, which although lawful, would give cause for concern and indicate that the person possessing it may pose a risk to children (also referred to as indicative images).

Abusive images material may be found in the possession of those who use it for personal use or distribute to others and this may include distribution to children. They may also be used as part of the grooming process with children during online contact with perpetrators.

2. Unlawful Material

Legally, an abusive image of a child is defined by reference to an ‘indecent photograph or image’. This is any indecent photograph of a child under the age of 18 years old.

The term ‘image’ includes film, copies of photographs or films, negatives, video tape, data stored on computers that can be converted into a photograph and ‘pseudo-photographs’ (images made by computers graphics, or other means, which appear to be a photograph). This also covers electronic images used by video phones, through live streaming and video games, and through texting.

It is for a court to decide what is ‘indecent’ by application of recognised standards of propriety.

Possession of such material is an offence. Taking, showing or distributing such material amounts to a more serious offence.

In addition, it is an offence for a person to be in possession of a prohibited image of a child, this can include drawings and cartoons. For more guidance see Indecent and Prohibited Images of Children (CPS).

3. Lawful Material

Lawful material falls outside the above definition, but may involve children in an indecent or sexual context. This could include pictures, cartoons, literature or sound recordings e.g books, magazines, audio cassettes, tapes, CD’s.  This police can provide advice generally on matters of abusive images of children.

4. Artificial Intelligence (AI) Generated Content

Safeguarding and child protection are paramount concerns, particularly in the context of AI-generated content. Whilst AI has the potential to create realistic images, the law is clear that the issue lies in the sexualisation of such content. It is important to recognise that there is nothing inherently illegal about images of naked children (although they should encourage professional curiosity) , but when they are sexualised, it comes a serious offence. If the images are clearly computer generated then they would be prohibited images of children, if they appear photo realistic then they should be treated as Indecent images of children (IIOC). If practitioners know they are AI images (i.e not real children) but they are photo realistic, they should still be treated as IIOCs.

Detection of such content is challenging, often relying on AI applications to police their platforms. For advice and guidance on handling potential cases of AI generated sexual abuse images involving children, contact the Police Paedophile online Investigation Team on 01273 470101.

AI-generated content blurs ethical and legal boundaries. Rigorous oversight and collaboration between technology companies, law enforcement, and advocacy groups are vital. Empowering platforms with advanced detection tools is essential, but proactive education and awareness campaigns are equally crucial to prevent the creation and dissemination of harmful content. Strengthening legal frameworks to adapt to evolving AI technologies is an ongoing necessity to ensure the protection of children in the digital realm.  Vigilance and a multidimensional approach are key elements in the ongoing effort to safeguard children from the potential risks associated with AI-generated sexual abuse images.

5. Use of the Internet

It is a criminal offence for anyone aged 18 or over to intentionally communicate with a child under 16, where the person acts for a sexual purpose and the communication is sexual or intended to elicit a sexual response (not just if someone meets with a child). The offence applies to online and offline communication, including social media, e-mail, texts, letters, etc. This is designed to stop grooming before it starts.

Children may access indecent images of children through using apparently innocent words in an Internet search engine or in some case share them. In such cases these will be considered on a case by case basis as to whether or not a criminal investigation will be instigated.

The Internet is a significant tool in enabling access to and the distribution of abusive images of children. This can be done through various devices including mobile phones, text messaging, computers, and game consoles. It may be downloaded and printed off in picture form or stored electronically on the hard drive of a computer, CD/DVD, disc etc.

Some adults use it to establish contact with children with a view to grooming them for inappropriate or abusive relationships, which may include requests to make and distribute child abuse images of themselves or to perform sexual acts via web cam. This may be accomplished through social media, ‘chat rooms’, gaming sites, discussion forums or contact by e-mail and may constitute an offence under the Sexual Offences Act 2003.

Parents may wish to seek advice from their Internet service provider about software programmes to limit access to sites that may be unsuitable for children. Helping You to Better Protect Your Children Online (CEOP).

All forms of child exploitation occurs where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18. The victim may have been exploited even if the activity appears consensual. Child exploitation does not always involve physical contact; it can also occur through the use of technology.

6. Referrals

Parents should inform police if they are aware that a child has been the recipient of any suspicious contact through the internet or in receipt of abusive images, as described above.

Police must be informed of any information that a person may be in possession of abusive images of children or have placed / accessed abusive images of children on the internet.

Any information that a child may have been inappropriately contacted or approached, directly or via the internet, should also be passed to the police.

The police can provide advice generally on matters of abusive images of children to other agencies.

Whenever the police are informed of concerns that an individual may be involved in the creation, distribution or possession of abusive images of children, consideration must be given to the possibility that the individual might also be involved in the active abuse of children and her/his access to children should be established, including family and work settings.

Where there are concerns about a child being groomed, exposed to pornographic material or contacted by someone inappropriately, via the Internet or other ICT tools like a mobile phone, referrals should be made to the Police and to Children’s Social Care, using the Making a Referral Procedure.

All referrals to Children’s Social Care will be followed by a Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) and information should be shared between the Police and Children’s Social Care in order to determine whether a Strategy Discussion should take place.

Where appropriate, the Allegations Against People who Work with, Care for or Volunteer with Children Procedure should be followed.

If it is suspected a child is being exploited and is a victim of modern slavery a National Referral Mechanism (NRM) referral must be made – see also Making a Referral procedure.

7. Strategy Discussion

The Police must inform Children’s Social Care and a Strategy Discussion held whenever it is suspected that a parent or carer of children or someone with access to children in other context/s for example, employment:

  • is in possession of child abusive images of children; and / or
  • has taken, shown or distributed child abusive images of children; and / or
  • has used the internet to make inappropriate approaches to children.

The Strategy Discussion must consider all access the individual has to children.

The Strategy Discussion must initiate a Section 47 enquiry whenever it is confirmed that a parent or carer of child/ren, or someone with access to child/ren has been involved in the activities listed above.

Where appropriate, the Allegations Against People who Work with, Care for or Volunteer with Children Procedure should be followed.

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This chapter was last reviewed in January 2024.

Date of next review January 2026.

1. Introduction

Non-therapeutic male circumcision (NTMC) is the removal of part or all of the foreskin (prepuce) that covers the penile glans. If it is undertaken for any reason other than current physical clinical need, it is termed non-therapeutic (or sometimes ‘ritual’) circumcision.

The procedure is usually requested for social, cultural, or religious reasons (e.g. families who practice Judaism or Islam). Some parents request circumcision for assumed medical benefits.

There is no requirement in law for professionals undertaking male circumcision to be medically trained or to have proven expertise. Traditionally, religious leaders or respected elders may conduct this practice.

2. Circumcision for Therapeutic / Medical Purposes

The British Association of Paediatric Surgeons advises that there is rarely a clinical indication for circumcision. Doctors should be aware of this and reassure parents accordingly.

Where parents request circumcision for their son for assumed medical reasons, it is recommended that circumcision should be performed by or under the supervision of doctors trained in premises authorised and suitable for surgical procedures.

Doctors / health professionals should ensure that any parents seeking circumcision for their child, in the belief that it confers health benefits, are fully informed that there is a lack of professional consensus as to current evidence demonstrating any benefits. The risks / benefits to the child must be fully explained to the parents and the child, if Gillick- Fraser competent.

The medical harms or benefits have not been unequivocally proven except to the extent that there are clear risks of harm if the procedure is done inexpertly.

3. Legal Position

Professionals may assume that the procedure is lawful provided that:

  • (in instances where the person is too young to give consent) there is valid consent by each person with parental responsibility for the child. Where there is a conflict between the parents that cannot be resolved, it would be a matter for the Courts to resolve, it would not be appropriate for the Local Authority to exercise their section 33 Children Act 1989 powers to either consent or veto, in circumstances where they have an Interim Care Order or Care Order.
  • the procedure is performed by a competent person, in a clinically suitable environment, reducing risks of infection, cross-infection and contamination to the child;
  • it is believed to be in the child’s best interests (and religious and cultural considerations can and should be taken into account alongside medical ones in weighing this up); and
  • the child, if old enough, is Gilick Competent.

If doctors or other professionals are in any doubt about the legality of their actions, they should seek legal advice.

4. Principles of Good Practice

The child’s welfare should be paramount, and all professionals must act in the child’s best interests. Children who can express views about circumcision should always be involved in the decision-making process:

  • even where they do not decide for themselves, the views that children express are important in determining what is in their best interests;
  • parental preference alone does not constitute sufficient grounds for performing a surgical procedure on a child unable to express his own view. Parental preference must be weighed in terms of the child’s interests;

The High Court, in the case cited earlier, confirmed that the child’s religion, lifestyle and likely upbringing are relevant factors to take into account. Each individual case needs to be considered on its own merits. There may be particular health risks to the child of undertaking the procedure, which would need to be considered.

An assessment of best interests concerning non-therapeutic circumcision should include consideration of:

  • the risk of harm or likelihood of harm the child may suffer;
  • the child’s own ascertainable wishes, feelings and values;
  • the child’s ability to understand what is proposed and weigh up the alternatives;
  • the child’s potential to participate in the decision, if provided with additional support or explanations;
  • the child’s physical and emotional needs;
  • the views of parents and family;
  • the implications for the child and family of performing, and not performing, the procedure;
  • relevant information about the child and family’s religious or cultural background.

Consent for circumcision is valid only where the people (or person) giving consent have parental responsibility and the authority to do so and understand the implications (including that it is a non-reversible procedure) and the risks the procedure carries.  Where they do not show an understanding of such implications, professionals can and should provide them with assistance in reaching such an understanding. Where people with parental responsibility for a child disagree about whether he should be circumcised, the child should not be circumcised without the leave of a Court.

5. Doctors’ Response

Doctors are under no obligation to comply with a request to circumcise a child, and circumcision is not a service that is provided free of charge. Nevertheless, some doctors and hospitals are willing to provide circumcision without charge rather than risk the procedure being carried out in unhygienic conditions.

Poorly performed circumcisions have legal implications for the doctor responsible. In responding to requests to perform male circumcision, doctors should follow the guidance issued by the:

6. Recognition of Harm

As the President of the Family Division has ruled, male circumcision does involve harm to a young person, but it would not be Significant Harm for the purposes of the Children Act 1989.  Whilst this may seem to be a semantic distinction, it means that in the usual course of events, a proposed male circumcision would not be a child protection issue in and of itself, although there may be aggravating factors that could make it so.

There might be circumstances, such as clear medical evidence, that the procedure for this particular child would pose health risks or danger over and above the usual issues inherent in the procedure, or how the procedure is planned poses a significant risk of harm to the young person, or is being imposed on the young person against their will. Circumcision may constitute significant harm (for the purposes of the Children Act 1989) to a child if the procedure was undertaken in such a way that they:

  • acquire an infection as a result of neglect;
  • sustain physical functional or cosmetic damage;
  • suffer emotional, physical or sexual harm from how the procedure was carried out;
  • suffer emotional harm from not having been sufficiently informed and consulted or not having their wishes taken into account.

In such circumstances, professionals should consider the case carefully and consider necessary referrals and seek appropriate legal advice as to whether the circumstances are such that the Court can and should be asked to intervene to either halt the planned procedure or conduct it in another way.

Harm may stem from the fact that clinical practice was incompetent (including lack of anaesthesia) and/or that clinical equipment and facilities are inadequate, not hygienic etc.

The professionals most likely to become aware that a child is at risk of, or has already suffered, harm from circumcision are health professionals (GPs, health visitors, A&E staff or school nurses) and childminding, daycare and teaching staff.

7. Multi-Agency Response

If a professional in any agency becomes aware, through something a child discloses or another means that the child has been or may be harmed through male circumcision, a referral must be made to Children’s Services in line with local procedures. Children’s Services should assess the risk of harm to other male children in the same family, including unborn children.

8. Role of Community / Religious Leaders

Community and religious leaders should take the lead in the absence of approved professionals and develop safeguards in practice. This could include setting standards around hygiene, advocating and promoting the practice in a medically controlled environment and outlining best practice if complications arise during the procedures.

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1. Introduction

There is no statutory definition of Honour Based Abuse (HBA) but the National Police Chiefs’ Council (NPCC) and Crown Prosecution Service (CPS) defines it as ‘an incident or crime involving violence, threats of violence, intimidation, coercion or abuse (including psychological. Physical, sexual, financial or emotional abuse) which has or may have been committed to protect or defend the honour of an individual, family and/or community for alleged or perceived breaches of the family and/or community’s code of behaviour’

Professionals should respond in a similar way to cases of HBA as with domestic abuse and forced marriage (i.e. in facilitating disclosure, developing individual safety plans, ensuring the child’s safety by according them confidentiality in relation to the rest of the family, completing individual risk assessments etc.)

2. Virginity Testing and Hymenoplasty

See also  Female Genital Mutilation (or Cutting) chapter

2.1 Virginity testing

Virginity testing, also referred to as hymen, ‘2-finger’ or vaginal examination, is an inspection of the female genitalia, intended to determine whether a woman or girl has had vaginal sexual intercourse.

For the purposes of the Health and Care Act 2022, virginity testing is any examination (with or without contact) of the female genitalia intended to establish if vaginal intercourse has taken place. This is irrespective of whether consent has been given.

The position of the World Health Organization (WHO) and the Royal College of Obstetricians and Gynaecologists (RCOG) is that virginity tests have no scientific merit or clinical indication as there is no known examination that can prove whether a woman has had vaginal intercourse.

2.2 Hymenoplasty

Hymenoplasty is a procedure undertaken to reconstruct a hymen. There are a number of different techniques to achieve but it generally involves stitching hymenal remnants together at the vaginal opening, or surgically reconstructing a hymen using vaginal tissue. The aim of the procedure is to ensure that a woman bleeds the next time she has intercourse to give the impression that she has no history of vaginal intercourse. There is no guarantee that this will fully reform the hymen or cause bleeding when penetration is attempted.

Hymenoplasty is not the same as other procedures that could be performed on the hymen for clinical reasons (for example, surgery to remove remnant fingers of the hymen that cause discomfort, or to treat an imperforate hymen to allow menstrual blood to escape).

Virginity testing and hymenoplasty are forms of violence against women and girls and are part of the cycle of so called ‘honour-based’ abuse. Women and girls are coerced, forced and shamed into undergoing these procedures,

Some practitioners issue a certificate to prove ‘virginity’ after a virginity test or hymenoplasty, while some will simply tell the family or community members whether a woman or girl has ‘passed’ a virginity test.

Both virginity testing and hymenoplasty can be precursors to a forced marriage of a child (see Forced Marriage of a Child chapter) and other forms of family and / or community coercive behaviours, including physical and emotional control. Women who ‘fail’ a virginity test, are found to have undergone a hymen reconstruction, or do not bleed on their wedding night are likely to experience further so called ‘honour-based’ abuse including emotional and physical abuse, family or community disownment and even honour killings.

The practices are degrading and intrusive. They can lead to extreme psychological trauma in the victim, and can provoke conditions including anxiety, depression and post-traumatic stress disorder. The practices have been linked to suicide. Virginity testing can result in damage to the hymen, tears and damage to the vaginal wall, bleeding, and infection. The risk of infection is also high in hymenoplasty, which has the added risks of acute bleeding during the procedure, scarring and narrowing of the opening of the vagina and sexual difficulties.

It is illegal to carry out, offer or aid and abet virginity testing or hymenoplasty in any part of the UK. These offences carry extra territorial jurisdiction and carry a maximum sentence of 5 years imprisonment and/or an unlimited fine.

UK nationals and residents who carry out a virginity test or hymenoplasty outside the UK also commit an offence in the UK. Virginity testing and hymenoplasty do not need to be an offence in the country where it takes place.

As with other forms of so called ‘honour-based’ abuse, these practices often take place behind closed doors, in highly conservative communities and cultures. Because of this, the numbers of women and girls that are subjected to these practices are not known.   Women and girls and any other person who has female genitalia (meaning vagina or vulva) and is at risk of harm from these practices and procedures – intersex, non-binary, trans men and women with or without a gender recognition certificate – are included and protected by legislation.

3. Recognition

A child who is at risk of HBA is at significant risk of physical harm (including being murdered) and/or neglect and may also suffer significant emotional harm through the threat of violence or witnessing violence directed towards a sibling or other family member.

Significant harm is defined as a situation where a child is likely to suffer a degree of physical harm and/or neglect which is such that it requires a compulsory intervention by child protection agencies into the life of the child and their family.

HBA cuts across all cultures and communities, and cases encountered in the UK have involved families from the Irish Traveller community, Turkish, Kurdish, Afghani, South Asian, African, Middle Eastern, South and Eastern European communities, such as Romani Gypsy. Boys and men, particularly from global majority communities, who refuse arranged marriages or identify as LGBTQ+ are also at risk of HBA. This is not an exhaustive list.

The perceived immoral behaviour which could precipitate HBA include:

  • inappropriate make-up or dress;
  • the existence of a boyfriend / girlfriend;
  • kissing or intimacy in a public place;
  • rejecting a forced marriage;
  • pregnancy outside of marriage;
  • being a victim of rape;
  • inter-faith relationships;
  • refusing an arranged marriage;
  • leaving a spouse or seeking divorce;
  • being LTBTQ+.

Murders in the name of ‘so-called honour’ are often the culmination of a series of events over a period of time and are planned. There tends to be a degree of premeditation, family / community conspiracy and a belief that the victim deserved to die.

Incidents which may precede a murder include:

  • physical abuse;
  • emotional abuse, including: house arrest and excessive restrictions; denial of access to the telephone, internet, passport and friends; threats to kill.
  • pressure to go abroad. Victims are sometimes persuaded to return to their country of origin under false pretences, when in fact the intention could be to kill them.

Children sometimes truant from school to obtain relief from being policed at home by relatives. They can feel isolated from their family and social networks and become depressed, which can on some occasions lead to self-harm or suicide.

Families may feel shame long after the incident that brought about dishonour occurred, and therefore the risk of harm to a child can persist. This means that the young person’s new boy/girlfriend, baby (if pregnancy caused the family to feel ‘shame’), associates or siblings may be at risk of harm.

With regards to virginity testing and hymenoplasty, as with other forms of so called ‘honour-based’ abuse, these practices often take place behind closed doors, in highly conservative communities and cultures. Because of this, the numbers of women and girls that are subjected to these practices are not known.   Women and girls and any other person who has female genitalia (meaning vagina or vulva) and is at risk of harm from these practices and procedures – intersex, non-binary, trans men and women with or without a gender recognition certificate – are included and protected by legislation.

4. Disclosure and Response

When receiving a disclosure from a child, professionals should recognise the seriousness / immediacy of the risk of harm.

For a child to report to any agency that they have fears of HBA in respect of themselves or a family member requires a lot of courage, and trust that the professional / agency they disclose to will respond appropriately. Specifically, under no circumstances should the agency allow the child’s family or social network to find out about the disclosure, so as not to put the child at further risk of harm.

Authorities in some countries may support the practice of HBA, and the child may be concerned that other agencies share this view, or that they will be returned to their family. The child may be carrying guilt about their rejection of cultural / family expectations. Furthermore, their immigration status may be dependent on their family, which could be used to dissuade them from seeking assistance.

Where a child discloses fear of honour based abuse, the professional response should include:

  • seeing the child immediately in a secure and private place;
  • seeing the child on their own;
  • explaining to the child the limits of confidentiality;
  • asking direct questions to gather enough information to make a referral to LA children’s social work and the police, including recording the child’s wishes;
  • developing an emergency safety plan with the child;
  • agreeing a means of discreet future contact with the child;
  • explaining that a referral to LA children’s social care and the police will be made
  • record all discussions and decisions (including rationale if no decision is made to refer to Children’s Social Care).

Professionals should not approach the family or community leaders, share any information with them or attempt any form of mediation. In particular, family or members of the local community should not be used as interpreters.

Ongoing risk management is required even after the child has been removed perpetrators can be anyone from within the community and are often not limited to those people known to the child or victim.

All multi-agency discussions should recognise the police responsibility to initiate and undertake a criminal investigation as appropriate.

Multi-agency planning should consider the need for providing suitable safe accommodation for the child, as appropriate.

If a child is taken abroad, the Foreign and Commonwealth Office may assist in repatriating them to the UK.

For survivors over the age of 16, there should be a A Multi Agency Risk Assessment Conference referral. A MARAC is a meeting to discuss ways to help victims at high risk of murder or serious harm. Information is shared at the meeting between representatives of the police, health, child protection, housing practitioners, Independent Domestic Violence Advisors (IDVAs), probation and other specialists from the statutory and voluntary sectors.

If you need to seek independent advice about specific religious/cultural / faith issues, you can can access this guide- Guides to Culture, Customs and Etiquette for 80+ Countries (Commisceo Global). Alternatively you can contact helplines such as Karma Nirvana or Iranian, Kurdish Women’s Right Organisation. Support is also available from Reunite, an organisation which supports parents and children who have experienced or at risk of international child abduction.

As a potential section 47 children act investigation, every incident involving a child must generate strategy discussion between police, children’s social care and the referrer as soon as practicable (and in any case within 24 hours)

If a joint section 47 investigation is agreed, a further strategy meeting will take place within 72 hours. Health professionals working with the family such as GP, Health Visitor or school nurse and Education should also be invited.

The investigation should be subject to regular reviews as set out in force policy. This should include consultation with partner agencies, particularly Children’s Social Care to discuss the outcome and address any further protective steps that need to be taken with regards to that child and any other siblings/family members.

See also Honour-Based Abuse: Advice for First Responders (College of Policing)

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Last reviewed in July 2023.

Next review July 2025.

RELATED GUIDANCE

RELATED CHAPTERS

Safeguarding Children impacted by Domestic Abuse

Honour Based Abuse

Working with Interpreters, Signers or Others with Communication Skills to Safeguard Children

1. Definition and Legal Position

A forced marriage is where one or both people do not (or in cases of people with learning disabilities or reduced capacity, cannot) consent to the marriage as they are pressurised, or abuse is used, to force them to do so. It is recognised in the UK as a form of domestic or child abuse and a serious abuse of human rights.

The pressure put on people to marry against their will may be:

  • physical – for example, threats, physical violence or sexual violence;
  • emotional and psychological – for example, making someone feel like they are bringing ‘shame’ on their family;
  • financial abuse, for example taking someone’s wages, may also be a factor.

A ‘forced’ marriage, as distinct from a consensual ‘arranged’ one, is a marriage conducted without the full consent of both parties and where duress is a factor. Duress cannot be justified on religious or cultural grounds.

Forced marriages of children may involve non-consensual and/or underage sex, emotional and possibly physical abuse and should be regarded as a child protection issue and referred to Children’s Social Care. If the concerns relate to a person aged 18 or over, a referral should be made under the Adult Safeguarding Procedures.

Although primarily an issue of violence against girls and young women, forced marriage also effects men and boys. Approximately 20% of calls to the Forced Marriage Unit relate to male victims. Men may be particularly reluctant to seek help because they feel embarrassed or fear they won’t be believed. Men with disabilities are particularly vulnerable to forced marriage, as parents may decide their son needs a wife to care for him.

Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order (FMPO). Such an order can be granted to prevent a marriage occurring or, where a forced marriage has already taken place, to offer protective measures. Orders may contain prohibitions (e.g. to stop someone from being taken abroad), restrictions (e.g. to hand over all passports and birth certificates and not to apply for a new passport), requirements (e.g. to reveal the whereabouts of a person or to enable a person to return to the UK within a given timescale) or such other terms as the court thinks appropriate to stop or change the conduct of those who would force the victim into marriage.

Third parties such as relatives, friends, voluntary workers and police officers can apply for a protection order with the leave of the Court. Local authorities can apply for a protection order for a vulnerable adult or child without the leave of the court.

For further advice and information about how to make such an application, see Apply for a Forced Marriage Protection Order (gov.uk).

The Anti-social Behaviour, Crime and Policing Act 2014, made it a criminal offence, with effect from 16 June 2014, to force someone to marry. This includes:

  • taking someone overseas to force them to marry (whether or not the forced marriage takes place);
  • marrying someone who lacks the mental capacity to consent to the marriage (whether they’re pressured to or not);
  • breaching a Forced Marriage Protection Order is also now a criminal offence and can result in a sentence of up to 5 years in prison. The civil remedy of obtaining a Forced Marriage Protection Order through the family courts, as set out above, continues to exist alongside the criminal offence, so victims can choose how they wish to be assisted.

Forcing someone to marry can result in a sentence of up to seven years in prison.

The Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales in 2023. The law expands the criminal offence of forced marriage to automatically recognise children, on account of their age, as victims of forced marriage. Children are no longer be required to prove they were coerced or pressured to marry.

The offence captures all child marriages, including those that are not religious and/or not legally recognised. This means that 16 to 17-year-olds will no longer be able to marry or enter a civil partnership under any circumstances. Previously, forced marriage was only an offence if the person used a type of coercion to cause someone to marry, or if the person lacked capacity to consent to marry under the Mental Capacity Act. The forced marriage offence will continue to include ceremonies of marriage which are not legally binding, for example in community or traditional settings.

2. Recognition

Whilst the majority of cases encountered in the UK involve South Asian families, partly reflecting the composition of the UK population, there have been cases involving families from East Asia, the Middle East, Europe and Africa. Some forced marriages take place in the UK with no overseas element, whilst others involve a partner coming from overseas or a British citizen being sent abroad.

Victims of existing or prospective forced marriages may be fearful of discussing their worries with friends and teachers, but may come to the attention of professionals for various behaviours or circumstances consistent with distress. These indicators are not intended to be an exhaustive list.

2.1 Education

Indicators related to education include:

  • absence and persistent absence;
  • request for extended leave of absence and failure to return from visits to country of origin;
  • fear about forthcoming school holidays;
  • surveillance by siblings or cousins at school;
  • decline in behaviour, engagement, performance or punctuality;
  • poor exam results;
  • being withdrawn from school by those with parental responsibility;
  • removal from a day centre of a person with a physical or learning disability;
  • not being allowed to attend extra-curricular activities;
  • sudden announcement of engagement to a stranger, either to friends or on social media;
  • being prevented from going on to further/higher education.

2.2 Family History

Indicators related to family history include:

  • older siblings forced to marry;
  • early marriage of siblings;
  • self-harm or suicide of siblings;
  • death of a parent;
  • family disputes;
  • running away from home;
  • unreasonable restrictions, for example being kept at home by parents

2.3 Health

Indicators related to health include:

  • being accompanied to GP surgery, clinics, maternity and / or mental health appointments;
  • self-harm/attempted suicide;
  • eating disorders;
  • depression/low self-esteem;
  • isolation;
  • substance misuse;
  • unwanted or late pregnancy.

2.4 Police

Indicators related to police involvement include:

  • victim or other siblings within the family reported missing;
  • reports of domestic abuse, harassment or breaches of the peace at the family home;
  • female genital mutilation;
  • the victim reported for offences, for example shoplifting or substance misuse;
  • threats to kill and attempts to kill or harm;
  • reports of other offences such as rape or kidnap.

There have been occasions when women have presented with less common warning signs such as cut or shaved hair as a form of punishment for disobeying or “dishonouring” her family.

There have also been reports of women presenting in the NHS with symptoms associated with poisoning.

This information may come from the following:

  • the child / young person themselves;
  • one of the child’s peer group;
  • a relative or member of the child’s local community;
  • another professional.

There is evidence to suggest that there may be factors that increase the risk of  being forced into marriage, including bereavement within the family. Occasionally, when a parent dies, especially the father, the remaining parent and/or wider family members may feel there is more of an urgency to ensure that the children are married.

A similar situation may arise within single parent households or when a step-parent moves in with the family. If an older child (particularly a daughter) refuses to marry then younger female siblings may be forced to marry in order to protect the ‘family honour’ or to fulfil the original contract. This is also known as becoming the ‘replacement bride or groom’.

Women and girls may also face an increased risk of forced marriage if they have disclosed sexual abuse. Her family may feel that this has brought shame on her and that ensuring she is married may be the only way to restore ‘honour’ to the family. They may also feel that marriage will put a stop to the abuse.

A person may be at a greater risk if they identify as lesbian, gay, bisexual or transgender (LGBTQ+), as their wider family may feel that by forcing the individual into marriage, their sexuality or gender identity will not be questioned. Parents may also do this out of a mistaken belief that this will “cure” their son or daughter of what they perceive to be abnormal sexual practices.

Forced marriage may also become apparent when other family issues are addressed, such as domestic violence, self-harm, child abuse or neglect, family / young person conflict, a child not attending school or a missing child / runaway.

Staff should not make assumptions that a child is at risk solely on the basis of an imminent extended family holiday. All efforts should be made to establish the full facts from the child at the earliest opportunity, without making assumptions. Professionals should discuss cases of forced marriage with, and seek advice from, a designated professional or another statutory agency.

The child must be provided with the opportunity to speak on their own, in a private place. The child may face Significant Harm if their family learn that they have sought help or advice and mediation should not be attempted.

The needs of victims of forced marriage vary. They may need help to avoid a threatened forced marriage or dealing with the consequences of a forced marriage that has already taken place.

Staff should seek consultation and advice from the designated / named professional and the Forced Marriage Unit Forced Marriage Unit on 020 7008 0151 or email: [email protected]

Where there is information of an existing or prospective forced marriage of a child aged less than 18 years, child protection issues should be addressed by a referral to Children’s Social Care – see Making a Referral, without prior discussion with the family or community.

3. Response

All referrals to Children’s Social Care involving suspected forced marriage (either actual or prospective) can involve complex and sensitive issues and social workers should inform their first line manager and consult the senior child protection manager.

Where there are concerns for an individual under 18 (or for their children) a Strategy Discussion with the Safeguarding Investigations Unit and other relevant agencies must be initiated to decide whether the young person is suffering, or at risk of suffering Significant Harm and if a Section 47 Enquiry should be initiated.

Allegations received by the police should be dealt with by the Safeguarding Investigations Unit.

Information to obtain in these cases includes:

  • details of referrer and relationship with child:
  • details of individual child under threat (including nationality, date of birth, passport details, school and employment details);
  • full details of the allegation;
  • name and address of those with Parental Responsibility;
  • background family information and any history of forced marriage.

In all cases efforts should be made to see the child immediately, on their own, in a secure and private place, even if the child is with others or the police have been called to the home.

The social worker and / or police officer should not attempt to act as a mediator with the family or immediately encourage mediation, reconciliation, arbitration or family counselling.

In addition:

  • do provide the child, wherever possible, with the choice of race and gender of social worker and / or police officer;
  • make sure you inform the child of their right to seek legal advice and representation;
  • do liaise with the legal department;
  • do consult the Forced Marriage Unit, which provides confidential information and assistance to potential victims and concerned professionals, see also The right to choose: government guidance on forced marriage (gov.uk);
  • do create a restricted entry in the police force intelligence system (police);
  • ask police and Children’s Social Care to check their records for past referrals of family members;
  • record any injuries and arrange any required medical examination (police);
  • provide personal safety advice (police);
  • identify potential criminal offences, secure evidence and submit a crime report, if applicable (police);
  • provide advice on service to be expected, contact details and other sources of help e.g. forced marriage unit, advocacy service and try to obtain agreement for referrals to local / national support groups’;
  • do not treat an allegation of a prospective or actual forced marriage as a domestic issue and send the child back to the family home;
  • do not contact the family in advance of enquiries by telephone or letter;
  • do not allow unsupervised contact.

Information to be obtained in discussion with the child includes:

  • list of any friends and family to be trusted;
  • possible code to ensure you are communicating with the right person in future (e.g. in telephone calls);
  • background details of family including experiences of other family members of forced marriage, abuse or domestic violence;
  • nature and level of risk (e.g. existence of secret boyfriend / girlfriend, pregnancy, already secretly married);
  • details of any perceived threats including potential spouses name, date of any proposed wedding, name of potential spouse’s father (if known);
  • possibility of obtaining a recent photograph and other identifying documents – if they are going abroad a photocopy of the passport, passport number and date of issue;
  • obtain any social media handles e.g. Twitter, Facebook, Instagram etc;
  • school and any employment details;
  • involvement of other agencies;
  • document any distinguishing marks.

The child should be reassured of confidentiality and the allegations must not be shared with the child’s family, friends or influential people within the community without the express consent of the child (and even then with due consideration of the implications to their safety).

The Right to Choose: Multi-agency statutory guidance for dealing with forced marriage and Multi-agency practice guidelines: Handling cases of forced marriage (gov.uk) states:

‘A dilemma may occur because someone facing a forced marriage may be concerned that if confidentiality is breached and their family finds out that they have sought help they will be in danger. On the other hand, those facing forced marriage are often already facing significant danger because of domestic or ‘honour’-based abuse, rape, imprisonment and/or other acts of threatening or menacing behaviour. Therefore, in order to protect them, it may be necessary to share information with other agencies such as the police.’

Please note: Cases involving suspicions of a forced marriage are NOT suitable for a Family Group Conference to be arranged because of the risk of physical danger and emotional manipulation which the young person may experience as a result.

If the individual is going overseas and there is concern that they may be forced into a marriage the following information is required:

  • photocopy of the individual’s passport (they should also keep details of their passport number, place and date of issue);
  • gather as much information as possible about the family – ensure this is gathered discreetly – which needs to include:
    • full name and date of birth of the person under threat;
    • father’s and / or mother’s name;
    • address where they may be staying overseas and name of the head of this household (if known);
    • potential spouse’s name (if known);
    • date of the proposed wedding (if known);
    • name of the potential spouse’s father (if known);
    • addresses of the extended family in the UK and overseas;
  • information that only the individual would be aware of (may assist in case another person is produced pretending to be the individual);
  • details of any travel plans and people likely to accompany them;
  • names and addresses of any close relatives remaining in the UK
  • safe means of contact for example, mobile phone that will work overseas;
  • details of a third party with whom to maintain contact;
  • estimated return date when they should be asked to contact the police without fail;
  • a written statement by the individual requesting the police, Children’s Social Care or third party act on their behalf if they do not.

4. Assessment

To make sensitive and informed professional judgements about the child’s needs, it is important that professionals are sensitive to differing family patterns and lifestyles and to child-rearing patterns that vary across different racial, ethnic and cultural groups. At the same time they must be clear that child abuse cannot be condoned for religious or cultural reasons.

5. Intervention

Where there is information of an existing or prospective forced marriage of a child aged less than 18 years, child protection issues should be addressed by a referral to Children’s Social Care – see Making a Referral chapter, without prior discussion with the family or community.

If the child does not want Children’s Social Care to intervene, the social worker will have to consider whether the child’s safety (or that of others) requires that further action be taken.

Where a child spouse has come to the UK from overseas without their family and states they were forced into marriage and do not want to remain with their spouse, Children’s Social Care should consider the young person in the same manner as an unaccompanied asylum-seeking minor, and should accommodate them, unless the needs assessment reveals an alternative response would be more appropriate.

If the risk of forced marriage is immediate, it may be necessary to take emergency action to protect the child, for example Police Protection or Emergency Protection Orders

If there is an overseas dimension Children’s Social Care and police should liaise closely with the Forced Marriage Unit, Forced Marriage Unit on 020 7008 0151 or email: [email protected]

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Last reviewed in February 2023.

Next review February 2026.

1. Introduction

Breast Ironing also known as “Breast Flattening” is the process whereby young pubescent girls breasts are ironed, massaged and/or pounded down, over a period of time, sometimes years, through the use of hard or heated objects (whilst some people opt to use an elastic belt or binder to press the breasts) in order for the breasts to disappear or delay the development of the breasts entirely. It is believed that by carrying out this act, young girls will be protected from harassment, rape, abduction and early forced marriage and therefore be kept in education. It is also believed that this practice will ensure that they remain “pure” and “innocent”.

Much like Female Genital Mutilation (FGM), Breast Ironing is a harmful practice and is child abuse. Professionals working with children and young people must be able to identify the signs and symptoms of girls who are at risk of or have undergone breast ironing. It should also be acknowledged that some young people may choose to bind their breast using constrictive material due to gender transformation or identity, and this may also cause health problems.  Similarly to Female Genital Mutilation (FGM), breast ironing is classified as physical abuse therefore professionals must make a referral to Children’s Services (i.e. Integrated Front Door in West Sussex. Front Door For Families Brighton & Hove, or Single Point of Access in East Sussex).

The United Nations (UN) states that Breast Ironing affects 3.8 million women around the world and has been identified as one of the five under-reported crimes relating to gender-based violence. The custom uses large stones, a hammer or spatulas that have been heated over scorching coals to compress the breast tissue of girls as young as 9 years old. Due to the adultification of Black girls, this can start even earlier. Those who derive from richer families may opt to use an elastic belt to press the breasts so as to prevent them from growing. The practice is designed to make teenage girls look less “womanly” and to deter unwanted male attention, pregnancy, and rape. Cameroon is a country which shows hight rates of girls who have undergone breast ironing.

The practice is commonly performed by family members, 58% of the time by the mother. In many cases the abuser thinks they are doing something good for their daughter, by delaying the effects of puberty so that she can continue her education, rather than getting married. Or protecting her from the ‘male gaze’.

Breast ironing is a crime and should be prosecuted as a form of child abuse, according to the Crown Prosecution Service (CPS). It can be caught under an existing law, even if it is said that the victim consented. The offences to be considered by prosecutors include child cruelty and causing or allowing a child to suffer serious harm. Both crimes are punishable by up to 10 years in prison. Assault charges would also be available to prosecutors.

2. Indicators of Breast Ironing

Indicators that a child may be subject to breast flattening are:

  • being embarrassed about their body;
  • other family members have undergone breast flattening themselves;
  • it being considered part of the family’s cultural identity;
  • being fearful of Physical education (PE) or withdrawn from personal, social, and health education (PHSE);
  • being uninformed about their rights and body;
  • family indicate there are strong levels of influence from elders who are involved in bringing up the children and supporting the practice;
  • family may not be well-integrated into their community in the UK.
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Last reviewed in February 2023.

Next review in January 2025.

RELATED GUIDANCE

Further contacts for advice can be found from the local representatives for some faiths, from organisations such as the Churches’ Child Protection Advisory Service (CCPAS) who provide information about exorcism; the African Caribbean Evangelical Alliance (ACEA); Churches Together in England and the Muslim Parliament, all of whom are consulting about and developing guidance.

See also:

Child Abuse Linked to Accusations of “Possession and Witchcraft (opens as a pdf)

National Action Plan to Tackle Child Abuse Linked to Faith or Belief (Department for Education) 

RELATED CHAPTERS

Female Genital Mutilation (or Cutting)

1. Introduction

The belief in “possession” or “witchcraft” is widespread. It is not confined to particular countries, cultures or religions, nor is it confined to new immigrant communities in this country.

The definition which is commonly accepted across faith-based organisations, non-governmental organisations and the public sector is the term ‘possession by evil spirits’ or ‘witchcraft’.

Any concerns about a child which arise in this context must be taken seriously.

Where the concerns relate to a number of children, consideration should be given to whether the procedure in the Complex (Organised and Multiple) Abuse chapter should be implemented.

Where parents, families and the child themselves believe that an evil force has entered a child and is controlling them, the belief includes the child being able to use the evil force to harm others. This evil is variously known as black magic, kindoki, ndoki, the evil eye, djinns, voodoo, obeah. Children are called witches or sorcerers.

Parents can be initiated into and / or supported in the belief that their child is possessed by an evil spirit by a privately contacted spiritualist / indigenous healer or by a local community faith leader. The task of exorcism or deliverance is often undertaken by a faith leader, or by the parents or other family members.

2. The Child

The number of known cases of child abuse linked to accusations of “possession” or “witchcraft” is small, but children involved can suffer damage to their physical and mental health, their capacity to learn, their ability to form relationships and to their self-esteem.

Such abuse generally occurs when a carer views a child as being “different”, attributes this difference to the child being “possessed” or involved in “witchcraft” and attempts to exorcise him or her.

A child could be viewed as “different” for a variety of reasons such as: disobedience; independence; bed-wetting; nightmares; illness; or disability. There is often a weak bond of attachment between the carer and the child.

There are various social reasons that make a child more vulnerable to an accusation of “possession” or “witchcraft”. These include family stress and/or a change in the family structure.

The attempt to “exorcise” may involve severe beating, burning, starvation, cutting or stabbing and isolation, and usually occurs in the household where the child lives. The perpetrator may also deprive the child of sleep and force them to pray all night.

Any siblings or other children in the household may be well cared for with all their needs met by the parents and carers. The other children may have been drawn in by the adults to view the child as “different” and may have been encouraged to participate in the adult activities. Other children are often kept from the ‘accused’ in order to avoid ‘infection’ from evil, causing them to become isolated.

Kambo is a poisonous substance that frogs secrete and is used in some South American countries for healing rituals. Parents may use this substance to “heal” an illness or injury. Kambo is poisonous and should not be used on children.

3. Professional Response

Faith based abuse may challenge a professional’s own faith and / or belief, or the professional may have little or no knowledge on the issues that may arise. This makes it difficult for the professional to identify what they might be dealing with and affect their judgement. It will often take a number of contacts with the child or pieces of information to recognise the abuse.

Professionals should consider:

  • how to build a relationship of trust with the child, and whether there is another professional who already has a trusting relationship with the child;
  • whether to involve the family. A belief that the child is possessed may mean they are stigmatised in their family. If the child has been labelled as possessed, professionals should find out how this affects the child’s relationship with others in the extended family and community;
  • what the beliefs of the family are;
  • where to obtain expert advice about cultures or beliefs that are not their own;
  • what pressures the family are under. These cases of abuse will sometimes relate to blaming the child for something that has gone wrong in the family. Professionals should consider whether there is anything that can or should be done to address relevant pressures on the family;
  • that the abuser may have a deeply held belief that they are delivering the child of evil spirits and that they are not harming the child but actually helping them. Holding such a belief is no defence or mitigation should a child be abused.

Professionals should also consider:

  • whether these beliefs are supported by others in the family or in the community, and whether this is an isolated case or if other children from the same community are being treated in a similar manner;
  • whether there is a faith community and leader which the family and the child adhere to:
    • as a minimum, the full details of the faith leader and faith community to which the family and child adhere to should be obtained;
    • the exact address of the premises where worship or meetings take place should be obtained;
    • further information should be obtained about the belief of the adherents and whether they are aligned to a larger organisation in the UK or abroad (websites are particularly revealing in terms of statements of faith and organisational structures);
  • the family structure:
    • the roles of the adults in the household should be clarified (e.g. who the child’s main carer is, whether the child is being privately fostered);
    • whether the abuse relates to the arrival of a new adult into the household or the arrival of the child, perhaps from abroad;
    • if the child has recently arrived, what their care structure in their country of origin was. What the child’s immigration status is;
    • the identities and relationships of all members of the household. These should be confirmed with documentation; it may be appropriate to consider DNA testing;
  • whether there are reasons for the child to be scapegoated (e.g. the child’s behaviour or physical appearance may be different from other children in the family or community, the child may be disabled or their biological parents labelled as possessed, children with albinism are very often targeted;
  • whether an interpreter is required. If working with a very small community, the professional should assure themselves that the interpreter and the family are not part of the same social network.

Professionals should ensure that all the agencies in the child’s network understand the situation so that they are in a position to support the child appropriately. The child can themselves come to hold the belief that they are possessed and this can significantly complicate their rehabilitation. To dismiss the belief may be harmful to the child involved. With careful and appropriate engagement and adequate support, harm can be reduced or in some cases totally removed.

4. Reasons for the Abuse

A belief in spirit possession is not confined to particular countries, cultures, religions or communities. Common factors that put a child at risk of harm include:

  • belief in evil spirits: this is commonly accompanied by a belief that the child could ‘infect’ others with such ‘evil’. The explanation for how a child becomes possessed varies widely, but includes through food that they have been given or through spirits that have flown around them;
  • scapegoating because of a difference: it may be that the child is being looked after by adults who are not their biological parents (i.e. privately fostered), and who do not have the same affection for the child as their own children;
  • rationalising misfortune by attributing it to spiritual forces and when a carer views a child as being ‘different’ because of disobedience, rebelliousness, over-independence, bedwetting, nightmares, illness or because they have a perceived or physical abnormality or a disability;
  • disabilities involved in documented cases included learning disabilities, mental ill health, epilepsy, autism, a stammer and deafness;
  • changes and / or complexity in family structure or dynamics: there is research evidence (see Stobart, Child Abuse Linked to Accusations of Spirit Possession (DfES, 2006)) that children become more vulnerable to accusations of spirit possession following a change in family structure (e.g. a parent or carer having a new partner or transient or several partners). The family structure also tended to be complex so that exact relationships to the child were not immediately apparent. This may mean the child is living with extended family or in a private fostering arrangement. In some cases, this may even take on a form of servitude;
  • change of family circumstances for the worse: a spiritual explanation is sought in order to rationalise misfortune and the child is identified as the source of the problem because they have become possessed by evil spirits. Research evidence is that the family’s disillusionment very often had its roots in negative experiences of migration:
  • in the vast majority of identified cases in the UK to date, the families were first or second generation migrants suffering from isolation from extended family, a sense of not belonging or feeling threatened or misunderstood. These families can also have significantly unfulfilled expectations of quality of life in the UK;
  • parental difficulties: a parent’s mental ill health appears to be attributed to a child being possessed in a significant minority of cases. Illnesses typically involved include post-traumatic stress disorder, depression and schizophrenia.

5. Concerns

Concerns reported in the cases known from research usually involve children aged 2 to 14, both boys and girls, and have generally been reported through schools or non-governmental organisations. The referrals usually take place at a point when the situation has escalated and become visible outside the family.

Note: This means that the child may have been subjected to serious harm for a period of time already.

The initial concerns referred have been about:

  • issues of neglect such as not being fed properly or being ‘fasted’, not being clothed, washed properly etc. but left to fend for themselves especially compared to the other children in the household;
  • a child’s body showing signs or marks, such as bruises or burns, from physical abuse;
  • a child becoming noticeably confused, withdrawn, disorientated or isolated and appearing alone amongst other children;
  • a child’s personal care deteriorating, for example through a loss of weight, being hungry, turning up to school without food or food money or being unkempt with dirty clothes and even faeces smeared on to them;
  • often the carer is not the natural parent and the family structure can be complex;
  • the child is seen as the scapegoat for a change in family circumstances for the worse;
  • in a group of children it may be the child who is relatively powerless vis-a-vis the parents/carers, maybe a child with no essential role in the family;
  • the child is seen as someone who violates the family norms by being physically different perhaps because of illness, disability or, in some cases, a suspicion by the father of adultery by the mother.
  • it may also be directly evident that the child’s parent does not show concern for or a close bond with them;
  • a child’s attendance at school becoming irregular, or being taken out of school all together without another school place having been organised;
  • a child reporting that they are or have been accused of being evil, and / or that they are having the devil beaten out of them.

Professionals who are best placed to recognise when a child has been labelled as spirit possessed are those who have regular contact with children – teachers and school nurses, health professionals, community groups and churches, and in some instances LA Surrey Children’s Services professionals. Professionals working with parents may also become aware that a parent has come to believe that an evil spirit has entered their child.

All agencies should be alert to the indicators above and should be able to identify children at risk of this type of abuse and intervene to prevent it by using the procedures for Action on Receipt of Referrals, Initial and Section 47 Enquiries and, when appropriate, Strategy Discussions/Meetings.

6. Assessments

See also  Safeguarding Children from Abuse Linked to a Belief in Spirit Possession

All referrals must be responded by Children’s Social Care Services with a thorough Family Assessment  (also referred to a Child and Family Assessment or Strengthening Families Assessment) and, depending on the seriousness of the referral information, a Strategy Discussion which takes into account the dimension of the beliefs expressed by the child and family. The assessment must involve the particular faith group or person performing or advising the family about the child in order to establish the facts i.e. what is happening to the child.

Careful assessment at all stages is needed with close communications, which include key people in the community especially when working with new immigrant communities and with all the various faith groups, are essential.

In view of the nature of the risks, a full health assessment of the child should take place to establish the overall health of the child, the medical history and current circumstances.

Any suggestions that the parent or carers will take the child out of the country must be taken seriously and legal advice sought regarding possible prevention.

The child must be seen and spoken to on their own. The child’s bedroom or sleeping arrangements must be inspected.

Although the research has found a number of parents and carers to have some form of mental health problem, this must not distract from the child’s situation nor be seen as a factor to explain away the potential risks to the child.

In assessing the risks to the child, the siblings or any other children in the household must also be considered as they may have witnessed or been forced to participate in abusive or frightening activities.

Further contacts for advice can be found from the local representatives for some faiths, from organisations such as the Churches’ Child Protection Advisory Service (CCPAS) who provide information about exorcism; the African Caribbean Evangelical Alliance (ACEA); Churches Together in England and the Muslim Parliament, all of whom are consulting about and developing guidance.

The Manager of the Safeguarding Unit will collate information and keep the Sussex Safeguarding Children Partnerships updated when necessary so that liaison and communication with local faith groups can be monitored and developed.

7. Children being taken out of the UK

If a professional is concerned that a child who is being abused or neglected is being taken out of the country, it is relevant to consider:

  • Why the child is being taken out of the UK;
  • Whether the care arrangements for the child in the UK allow the local authority to discharge its safeguarding duties;
  • What the child’s immigration status is. Professionals should also consider whether the child recently arrived in the UK, and how they arrived;
  • What the proposed arrangements are for the child in their country of destination, and whether it is possible to check these arrangements;
  • Whether the arrangements appear likely to safeguard and promote the child’s welfare;
  • That taking a child outside of the UK for exorcism or deliverance type procedures is likely to cause significant harm.

See also Safeguarding Children who arrive from abroad (including Unaccompanied Asylum Seeking Children, Victims of Modern Slavery, Trafficking and Exploitation) and Child victims of modern slavery and trafficking chapters.

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 Date of last review April 2023.

Date of next review April 2025.

See also Children in Care Staying Temporarily in Hospital Brighton & Hove Children’s Services Procedures Manual

1. Introduction

Hospitals should be child-friendly, safe and healthy places for children.

Wherever possible, children should be consulted about where they would prefer to stay in hospital, and their views should be taken into account and be respected.

Care should be provided in an appropriate location and in an environment that is safe and well suited to the age and stage of development of the child or young person.

A safeguarding risk assessment should be undertaken to ensure the safety of other patients in the setting

Children under 16 should not usually be cared for on an adult ward, although if they are aged 14 or over, they may be given a choice. Hospital admission data should include the age of children so that hospitals can monitor whether children are being given appropriate care in appropriate wards.

Hospitals must have policies in place to ensure that their facilities are secure and regularly reviewed. Staff should be appropriately trained.

Children admitted to specialist hospitals can present with complex safeguarding and child protection issues. They may have sustained serious and life-threatening non-accidental injuries, or there may be concerns related to Fabricated or induced illness (FII) and Perplexing Presentations (including FII by carers) chapter. These children may have suffered, or be vulnerable to suffer, significant harm through physical, sexual and emotional abuse and/or neglect.

Furthermore, if there are lapses in the care provided for the child, they could suffer significant harm whilst in hospital. Every attempt should be made to allow continuity of care packages (for example OT, Physio and specialist services). Specialist Hospital protocols should outline responsibilities and necessary actions in accordance with legal duties, procedures and accepted good practice:

Children who require treatment as an in-patient in a psychiatric setting will usually be admitted voluntarily; otherwise the Mental Health Act 1983 or the Children Act 1989 will apply. The admission criteria will differ, such as acute (crisis or short term), for eating disorders or challenging behaviour.

Age ranges can vary considerably, and some children may be admitted to an adult psychiatric setting. Catchment areas for some hospitals may cover a regional or national area depending on the specialism. Under the Children’s Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013, Local Authorities are required to consult and share information before placing children in distant placements. The Director of Children’s Services (DCS) must approve of these placements.’

These changes reinforce Local Authorities’ responsibilities as corporate parents for looked-after children to provide high-quality care and support. There will be circumstances where a distant placement will be the most suitable for a child, such as where the child has complex treatment needs that cannot be met by services within the area of the responsible authority.

There will also be children who require an out of authority placement to ensure they can be effectively safeguarded. Such placements will require effective planning, engagement and information sharing with the services likely to be responsible for meeting the child’s needs in the future.

Where consent for treatment is required, it should be clarified by the lead professional (e.g. LA children’s social care, child and adolescent mental health services (CAMHS)) whether this is being carried out under the Mental Health Act 1983 or the Children Act 1989. The relevant sections are:

There needs to be clarification of who holds Parental Responsibility.

If any child who is considered to be Gillick competent* is unwilling to remain as an informal patient consideration should be given to use the Mental Health Act 1983.

*Gillick competence is concerned with determining a child’s capacity to consent. Fraser guidelines, on the other hand, are used specifically to decide if a child can consent to contraceptive or sexual health advice and treatment.

For children under 16 where a Gillick competent child wishes to discharge themself as an informal patient from hospital, the contrary wishes of those with parental responsibility will ordinarily prevail.

See also – GP Mythbuster 8: Gillick Competency and Fraser Guidelines (Care Quality Commission)

Similarly, if a 16 or 17-year-old in unwilling to remain in hospital as an in-patient, consideration may need to be given whether they should be detained under the Mental Health Act.

Where there is dispute consideration should be given to:

  1. the Mental Health Act 1983
  2. The Mental Capacity Act including Deprivation of Liberty Safeguards (DOLS) (if the child lives in care home or hospital)
  3. the Children Act 1989

Onward care planning should be undertaken in partnership with the child/ young person.

1.1 Children in psychiatric settings

1.1.1 Control and restraint

Children in psychiatric settings may need to be isolated from other patients or require control and restraint on occasions, and staff should be appropriately trained to meet their needs and safeguard their welfare.

There are four broad categories of restrictive physical intervention:

  • restraint;
  • holding;
  • positive touching; and
  • presence.

Please see Restrictive Physical Intervention chapter.

1.2 Children in psychiatric settings where adults are in-patients

When a child is admitted to psychiatric settings where adults are in-patients, a risk assessment must be undertaken to avoid the child being placed in vulnerable situations.

1.3 Disclosure of abuse

Children admitted to psychiatric settings may disclose information about abuse or neglect concerning themselves or others. Disclosures may be made when the child feels it is safe to talk or when the child is angry, distressed or anxious. All allegations should be treated seriously. Children disclosing sexual abuse should offered appropriate support including sexual health advice and input from Sexual Assault Referral Centre Services – Pebble House, Paediatric Sussex SARC (for those under 14 years of age) and Sussex Children’s Sexual Assault Referral Centre (Children’s SARC) (for those over 14 years of age).

1.4 Discharging children from hospital

At the point of admission, a Complex Case Panel should be considered with appropriate health and social care professionals attending to ensure safe discharge planning and ongoing care.

The role of Section 117 aftercare should also be considered for eligible children and young people as part of discharge planning.

Any concerns about Significant Harm to a child within a hospital or health-based setting must be referred to Children’s Social Care in whose area the hospital is located following the Making a Referral Procedure.

If there are allegations against people who work with, care for or volunteer with children, the LADO should be consulted, see Allegations Against People who Work with, Care for or Volunteer with Children.

When the child has been in hospital, or is planned to be, for three months or more, the appropriate health/hospital trust must notify the Responsible Authority i.e. the Local Authority for the area where the child is normally resident or, if this is unclear, where the child is accommodated. This is so that the Local Authority can assess the child’s needs under the Assessment Framework and decide whether services are required under Children Act 1989 (Section 85).

Liaison with the child’s placing authority may be required from admission to ensure effective planning, engagement and information sharing. Case responsibility for the child rests with the home authority, and the home authority should work in partnership with the Trust and with the host authority Children’s Social Care.

In situations where there are safeguarding concerns about a child who is an in-patient these concerns should be considered prior to discharge with a referral to Children’s Services to establish; that the home environment is safe, the concerns by medical staff are fully addressed and there is a plan in place for the on-going promotion and safeguarding of the child’s welfare – see also the Making a Referral Procedure and Action on Receipt of Referrals Procedure. A multiagency professionals meeting or pre discharge strategy meeting should be convened as indicated to facilitate safe discharge planning and ensure that appropriate support is in place for the child and family following discharge.

2. Considerations during Transition Periods

Particular attention is required in the discharge planning of newborns from neonatal intensive care units since these babies are at high risk of re-admission to hospital. They need an adequately coordinated programme of follow-up, with particular attention to vision, hearing and developmental progress, as well as the co-ordinated input of services such as genetics.

Children with long-term conditions need preparation for the move from children’s to adult services. All children with on-going health needs should have a plan developed with them for the transition of their care to adult services, which is coordinated by a named person. If there are child protection concerns for such a child, the LA vulnerable adults service should be informed as part of the transition planning.

3. Identifying Deprivations of Liberty (under 16)

Deprivations of liberty can occur in a hospital.

If the following things all apply then it is likely that a deprivation of liberty is occurring:

  • the child is under the age of 16;
  • the child is not ‘Gillick competent’ to consent to their care or treatment;
  • the child is under continuous supervision or control*
  • the child is not free to leave the place where they are receiving care or treatment;
  • the care or treatment being received is imputable to the state; and
  • the level of deprivation is not comparable to the level of restriction normally placed on a non-disabled child or young person of that age.

* Supervision and control is only deemed to be ‘continuous’ in nature if the overall impact on the child’s life is significant.  The following are examples of situations when supervision and control is likely to be continuous:

  • the child needs frequent or constant supervision for their safety;
  • the child is only ever left on their own for short periods of time;
  • most aspects of life are decided by others (e.g. what to wear, what to eat, when to get up or go to bed, how to spend their time);
  • the child is not permitted to carry out everyday tasks (such as bathing) without the support of others;
  • the use of restraint or medication to routinely manage behaviour.

3.1 Not free to leave

A child is not free to leave if they:

  • are required to be there to receive the care or treatment; and
  • would be prevented from leaving if they attempted to do so.

3.2 Imputable to the State

The detention must be “imputable to the State”. Care and treatment is imputable to the state if:

  • it has been arranged or provided by the Local Authority; or
  • it has been arranged or provided by the NHS; or
  • a child’s family has made their own arrangements for care, but if they didn’t have the means to continue to do so the Local Authority would have (or be likely to have) a duty to meet their needs.

3.3 Physical intervention

The use of a physical intervention does not surmount to a deprivation of liberty when:

  • the person providing care or treatment is using the restrictive physical intervention appropriately; and
  • the restrictive physical intervention is not used routinely as a method to manage behaviour.
  • if the restrictive physical intervention is being used routinely as a way to manage the child’s behaviour it is likely that this surmounts to continuous supervision and control.

4. Identifying Deprivations of Liberty (ages 16 and 17)

Deprivations of liberty can occur in a hospital.

If the following things all apply, then it is likely that a deprivation of liberty is occurring:

  • the young person is aged 16 or 17;
  • the young person lacks capacity to consent to their care or treatment;
  • the young person is under continuous supervision or control:*
  • the young person is not free to leave the place where they are receiving care or treatment;
  • the care or treatment being received is imputable to the state; and
  • the level of deprivation is not comparable to the level of restriction normally placed on a non-disabled young person of that age.

*Supervision and control is only deemed to be ‘continuous’ in nature if the overall impact on the young person’s life is significant.

The following are examples of situations when supervision and control is likely to be continuous:

  • the young person needs frequent or constant supervision for their safety;
  • the young person is only ever left on their own for short periods of time;
  • most aspects of life are decided by others (e.g. what to wear, what to eat, when to get up or go to bed, how to spend their time);
  • the young person is not permitted to carry out everyday tasks (such as cooking or cleaning) without the support of others;
  • the use of restraint or medication to routinely manage behaviour.

4.1 Not free to leave

A young person is not free to leave if they:

  • are required to be there to receive the care or treatment; and
  • would be prevented from leaving if they attempted to do so.

4.2 Imputable to the state

The detention must be “imputable to the State”. Care and treatment is imputable to the state if:

  • it has been arranged or provided by the Local Authority; or
  • it has been arranged or provided by the NHS; or
  • a child’s family has made their own arrangements for care, but if they didn’t have the means to continue to do so the Local Authority would have (or be likely to have) a duty to meet their needs.

4.3 Not comparable deprivation

The young person is likely to be deprived of their liberty when the level of deprivation is greater than the level of restriction normally placed on a non-disabled young person of that age.

See also Restrictive Physical Intervention chapter.

5. Statutory Duties under Sections 85 and 86 of the Children Act 1989

Sections 85 and 86 are intended to apply to children:

  • who are not looked after*
  • are not resident at boarding school where they return home at holiday time;
  • are usually accommodated outside the local authority where they are ordinarily resident;
  • are accommodated by a health agency, local education authority, care home or independent hospice/hospital; and
  • are accommodated for a consecutive period of at least 3 months.

This group of children are vulnerable and the notification is intended so that additional checks are made by the responsible local authority where the child usually lives to ensure that their safety and welfare is monitored.

*Sections 85 and 86 do not apply to looked-after children who are accommodated by local authorities under Section 20 of the Children Act 1989 with the voluntary agreement of their parents, or subject to care orders under Section 31 of that Act. Where this is the case, there are different legal provisions and guidance under the Children Act 19893, in particular, the statutory guidance for local authorities on Care Planning, Placement and Case Review, which sets out the requirements for visits and reviews of a looked-after child.

6. Section 85

This applies to children and young people accommodated in England by Health Authorities and Local Education Authorities for a consecutive period of at least 3 months or with the intention to accommodate the child for such a period. The organisation who has arranged the provision – (the accommodating authority e.g. local authority, health authority, Integrated Care Board) shall notify the Director of Children’s Services (DCS) of the local authority where the child is ordinarily resident (the responsible authority) that they are accommodating the child. The accommodating authority shall also notify the DCS of the responsible authority when they cease to accommodate the child.

The responsible local authority has duties following notification of accommodation to:

  • take such steps as are reasonably practicable to determine whether the child’s welfare is adequately safeguarded and promoted while they are accommodated by the accommodating authority;
  • consider the extent to which (if at all) they should exercise any of their Children Act functions in respect of the child.

7. Section 86

It differs from Section 85 in a number of ways.

This applies to care homes and independent hospitals.

It places a responsibility on the provider of the placement (the person ‘carrying on the establishment in question’) to notify the DCS of the local authority where the provision is situated. Notification is required where a child is provided with accommodation in a care home or independent hospital for a consecutive period of at least 3 months, or with an intention to so accommodate. The provider must also notify the DCS when they cease to accommodate the child.

It is an offence not to notify the DCS as provided above.

The duties of the local authority following notification are to:

  • take such steps as are reasonably practicable to determine whether the child’s welfare is adequately safeguarded and promoted while they are accommodated in the provision;
  • consider the extent to which (if at all) they should exercise any of their Children Act functions in respect of the child.

8. Content and Timing of Notifications

Notifications to Children’s Services will typically contain the following information:

  • child’s name
  • child’s date of birth
  • child’s address immediately prior to admission (or that of person with parental responsibility immediately prior to delivery)
  • date of admission to hospital
  • ward / department, lead professional for the child and contact details
  • name and contact details of parents / carers

The notifying authority will also inform the parents/carers that the information has been disclosed to Children’s Services. Best practice dictates that notifications should be received at least three weeks before a child has been away from home for the statutory period 12 weeks so that Children’s Services interventions remain within timescales.

9. Section 85 Referral Process

All Section 85 notifications should be sent to the relevant safeguarding Integrated Front Door / Front Door / Single Point of Access, see Local Contacts.

Notifications are required when a child is likely to be resident within an institution for 12 weeks or more and also when a child is discharged after a 3 month period.

For Brighton & Hove see Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings (Brighton & Hove Children’s Services Manual)

Where children’s services have been notified under this section, they shall:

  1. take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while they are accommodated by the accommodating authority; and
  2. consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

If the child concerned is already a looked after child/child in care under the Children Act 1989, the allocated Independent reviewing Officer (IRO) will be responsible for convening a looked after review to consider the child’s circumstances.

If the child is not looked after, Integrated Front Door/Front Door/ Single Point of Access  would decide whether to undertake a social care assessment.

10. Further Information to Support Safeguarding Children in Hospital

For further reading and information see the National Service Framework: Children, Young People and Maternity Services (Department of Health and Social Care).

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Last reviewed in July 2023.

Date of next review, July 2025.

1. Definition

This policy deals with the safeguarding issues that arise when a child lives away from home – whether in a Local Authority foster placement, a private fostering setting, a children’s home, armed forces bases, boarding schools (including residential special schools) or custodial settings.

The National Minimum Standards and Quality Standards contain specific requirements on safeguarding and child protection for each particular regulated setting where children live away from home.

For safeguarding children in hospital see – Safeguarding Children in Hospital chapter.

2. Essential Safeguards

Every setting in which a child lives should provide the same basic safeguards against abuse, founded on an approach that promotes their general welfare, protects them from harm and treats them with dignity and respect. Where services are not directly provided, these safeguards should be explicitly addressed in any contract with a service provider.

All settings must ensure that:

  • children feel valued and respected and their self-esteem is promoted;
  • there is an openness on the part of the organisation to the external world and to external scrutiny, including contact with families and the wider community;
  • staff and foster carers are trained in all aspects of safeguarding children, are alert to children’s vulnerabilities and risks of harm, and knowledgeable about how to implement safeguarding children procedures;
  • staff and foster carers understand the ongoing impact of Adverse Childhood Events and the impact of trauma;
  • children are listened to, and their views and concerns responded to;
  • children have ready access to a trusted adult outside the organisation, for example a family member, social worker, independent visitor or children’s advocate. Children should be made aware of independent advocacy services, external mentors and Child Line;
  • staff / carers recognise the importance of ascertaining the wishes and feelings of children and understand how individual children communicate by verbal or non-verbal means;
  • complaints procedures are clear, effective, and user-friendly and are readily accessible to children and young people including those with disabilities and those for whom English is not their preferred language;
  • bullying is effectively countered;
  • recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers and there is effective supervision and support that extends to temporary staff and volunteers;
  • contractor staff are effectively checked and supervised when on site or in contact with children;
  • clear procedures and support systems are in place for dealing with expressions of concern by staff and carers about other staff or carers (a Whistleblowing Policy);
  • there is respect for diversity, and sensitivity to race, culture, religion, gender, sexuality and disability;
  • staff and carers are alert to the risks of harm to children in the external environment from people prepared to exploit the additional vulnerability of children living away from home.

Where there is reasonable cause to believe that a child has suffered Significant Harm, the Local Authority for the area in which the child is living has the responsibility to convene a Strategy Discussion which should include representatives from both the placing Local Authority and the Local Authority where the child is living. There should always be a health representative in a strategy discussion, in most cases of a Child in Care this will be the child’s named specialist nurse who will have access to the child’s medical records.

At the Strategy Discussion it should be decided which Local Authority should take responsibility for the next steps, which may include a Section 47 Enquiry.

3. Foster Care

The Local Authority’s duty to undertake a Section 47 Enquiry, when there are concerns about Significant Harm to a child, applies on the same basis to children in foster care as it does to children who live with their own families. When the concerns relate to a child placed in a foster home outside the area of the responsible local authority, see Children and families who move across Safeguarding Children Partnership Boundaries chapter.

Where there is reasonable cause to believe that a child in foster care has suffered or is at risk of suffering Significant Harm in the foster placement, the Allegations Against People who Work with, Care for or Volunteer with Children procedure will apply and a Strategy Discussion will be held.

In these circumstances, enquiries should consider the safety of any other children living in the household, including the foster carers’ own children, grandchildren or any children cared for by the foster carers in their home as well as any children whom the foster carers may be caring for or working with outside their home in a voluntary or paid capacity for example teaching, faith or youth work, scouts or many other groups.

Foster carers should monitor the whereabouts of their foster children, their patterns of absence and contacts, and follow the recognised agency procedure whenever a foster child is missing from their home.

As foster care is undertaken in the privacy of the carers’ own home, it is important that children have a voice outside the family. Social workers are required to see children in foster care on their own and evidence of this should be recorded on the child’s records.

It should also be noted that allegations or harm may involve other children or young people in the placement rather than the foster carers, in this case strategy discussions need to involve both children’s teams.

4. Private Fostering

All arrangements and regulations in relation to private fostering are set out in  the Children (Private Arrangements for Fostering) Regulations 2005..

A private fostering arrangement is essentially one that is made without the involvement of a Local Authority for the care of a child under the age of 16 (under 18 if disabled) by someone other than a parent or close relative for 28 days or more. Privately fostered children are a diverse and sometimes vulnerable group which includes:

  • children sent from abroad to stay with another family, usually to improve their educational opportunities;
  • asylum-seeking and refugee children;
  • teenagers who, having broken ties with their parents, are staying in short-term arrangements with friends or other non-relatives;
  • language students living with host families.

Under the Children Act 1989, private foster carers and those with Parental Responsibility are required to notify the Local Authority of their intention to privately foster or to have a child privately fostered, or where a child is privately fostered in an emergency.

Teachers, health and other professionals should notify the local authority of a private fostering arrangement that comes to their attention, where they are not satisfied that the arrangement has been or will be notified.

When there are concerns about Significant Harm to a child who is privately fostered the local authority and all the other agencies have the same duties to make enquiries as they do to any other child. The concerns must be reported to the local authority where the private foster placement is located in accordance with the Making a Referral chapter.

It is the duty of every local authority to satisfy itself that the welfare of the children, who are privately fostered within their area, is being satisfactorily safeguarded and promoted. This includes an initial visit to the child and private foster carers within seven days of receiving notification that the arrangement has started . As part of this duty, the local authority is required to assess the suitability of the private foster carer and the private fostering arrangement. The Local Authority must also arrange to visit privately fostered children at regular intervals in accordance with the regulations. Children should be given the contact details of the social worker who will be visiting them while they are being privately fostered.

5. Children in Residential Settings

All residential settings where children and young people are placed must adhere to the Children’s Homes Regulations 2001 (as amended by the Children’s Homes (Amendment) Regulations 2015, associated guidance) and all other relevant regulations and to the relevant Quality Standards. Children in these settings are particularly vulnerable and must be listened to. Settings include:

  • children’s homes;
  • children’s homes that provide short break care;
  • secure children’s homes; and
  • residential special schools or boarding schools who accommodate children for more than 295 days per year.

Children under 16 who spend more than two weeks in residence during holiday time in a school, become privately fostered children for the purposes of the legislation during that holiday period.

A child who is Looked After or placed in any residential home, hospital or school (where they are receiving full-time education) is excluded from the Private Fostering definition.

The welfare and safety of children living in boarding school should be promoted and provided in line with Boarding Schools: National Minimum Standards (Department for Education).

Where there is reasonable cause to believe that a child in a residential setting has suffered or is at risk of suffering Significant Harm, a referral must be made in accordance with the Making a Referral procedure. The concerns may range from bullying or abuse by other children to allegations against staff. Where the concerns relate to a member or members of staff and/or the care the child is receiving in the residential setting, the procedures set out in Allegations against people who work with, care for or volunteer with children chapter will apply and a Strategy Discussion will be held.

6. Foreign Exchange Visits

Children on foreign exchange visits typically stay with a family selected by the school in the host country and are vulnerable for reasons comparable to others living away from home.

Schools should not place a pupil from an overseas school with a:

  • Household which includes a child subject to a Child Protection Plan;
  • Family currently subject to a Section 47 Enquiry.

Schools should take reasonable steps to ensure that relevant schools abroad take a comparable approach.

Where a professional is aware of a child, under 16 (or under 18 if disabled), who is staying or it is proposed will stay in a family for more than 28 days, they should make a referral to Children’s Social Care because the child will be considered to be Privately Fostered. This imposes significant duties on both the providers of care and Children’s Social Care – see ‘Private Fostering’ section above.

7. Children in Custody

The local authority has the same responsibilities towards children in custody as it does to other children in the local authority area.

Under the Legal Aid, Sentencing & Punishment of Offenders Act 2012, children who are remanded to Youth Detention Accommodation are considered to be looked after by the Local Authority and are managed within the statutory Looked After Children framework.

Young Offenders Centres which accommodate young people (16-18) must have policies and procedures in place which set out their duties to safeguard and promote the welfare of the children and young people in their care. Accordingly, if information comes to light, from whatever source, that a young person has suffered or is likely to suffer significant harm, the professional who receives the information or has a concern must report this immediately to the safeguarding manager, or equivalent designated safeguarding children professional, and the Governor. A referral to LA children’s services should be made – see Making a Referral chapter.

The Police will inform safeguarding partners of a child arrest within 1 hour of the detention being authorised (not arrival) at a custody centre, both in and out of normal business hours.

Child in Custody Golden Hour Notification Process (opens as a pdf)

Child in Custody Notification Form (downloads in Word)

See also – Sussex Joint Protocol to Reduce the Criminalisation of Children in Care and Care leavers.

8. Children of Families Living in Temporary Accommodation

Placement in temporary accommodation, often a distance from previous support networks or involving frequent moves, can lead to individuals and families falling through the net.

There is evidence that care experienced people have a lifelong increased risk of homelessness and associated risks of exploitation and subsequent involvement with the criminal justice system

It is important that effective systems are in place to ensure that children from homeless families receive services from health and education, social care and welfare support services as well as any other specific services, because with frequent moves the y may become disengaged from services.  For example a child who is not registered with a school or a GP will miss out on basic services such as health screening, eye tests, immunisations and learning to read and write. Where a child who needs specific treatment misses appointments due to moves the problem may become an issue of Significant Harm.

See also Transfer Child Protection Conference and Safeguarding Looked After Children (Children in Care) chapters.

Children’s services and housing services should work together to plan and provide services that are centred on young people and their families, and prevent young people from being passed back and forth between services.

This may include young people who have been in the care of the local authority. Evidence suggests young people have better outcomes if they are accommodated either within previous foster placements or in the same geographical area. Either through the “stay put” or “stay close” schemes – Homelessness and Children’s Social Care in England (Centre for Homelessness Impact).

For more information see Provision of Accommodation for 16 and 17 year olds who may be Homeless and/or Require Accommodation (gov.uk).

Temporary accommodation, for example bed and breakfast accommodation or women’s refuges, may be a location which is not secure and safe and where other adults are also resident who may pose a risk to the child.

All concerns of Significant Harm to a child should be referred to Children’s Social Care Services in accordance with Making a Referral procedure.

9. Young offender Institutions, Secure Training Centres and Secure Children’s Homes

The Local Authority has the same responsibilities towards children in custody as it does to other children in the Local Authority area.

Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, children who are remanded to Youth Detention Accommodation are considered to be looked after by the Local Authority and are managed within the statutory LAC framework.

Young Offenders Institutions which accommodate Juveniles (16-18) must have policies and procedures in place which set out their duties to safeguard and promote the welfare of the children and young people in their care.

Specific institutions in an area must ensure that there are links in place with the Local Safeguarding Children Partnership and local authorities. See Standards for Children in the Youth Justice System (Youth Justice Board).

All custodial settings which accommodate children should have internal policies and procedures, in line with these Procedures, to safeguard and promote the welfare of children. Accordingly, if information comes to light, from whatever source, that a young person has suffered or is likely to suffer significant harm, the professional who receives the information or has a concern must report this immediately to the safeguards manager or equivalent designated safeguarding children professional, and the Governor.

The Governor must ensure an assessment is undertaken by the safeguards manager or equivalent designated safeguarding children professional as soon as possible (but in any case within 12 hours) and overseen by the setting’s safeguards committee. LA children’s social care should be consulted for expert advice as required.

A referral to LA children’s services should be made in line with the Making a Referral procedure. The Governor or the safeguarding manager / equivalent designated safeguarding children professional should participate in the strategy meeting / discussion. If the child is involved with a Youth Offending Team, their supervising officer should also participate.

10. Statutory Duties under Sections 85 and 86 of the Children Act 1989

Sections 85 and 86 are intended to apply to children:

  • who are not looked after*
  • are not resident at boarding school where they return home at holiday time;
  • are usually accommodated outside the local authority where they are ordinarily resident;
  • are accommodated by a health agency, local education authority, care home or independent hospice/hospital; and
  • are accommodated for a consecutive period of at least three months.

This group of children are vulnerable and the notification is intended so that additional checks are made by the responsible local authority where the child usually lives to ensure that their safety and welfare is monitored.

*Sections 85 and 86 do not apply to looked-after children who are accommodated by local authorities under Section 20 of the Children Act 1989 with the voluntary agreement of their parents, or subject to care orders under Section 31 of that Act. Where this is the case, there are different legal provisions and guidance under the Children Act 19893, in particular, the statutory guidance for local authorities on Care Planning, Placement and Case Review, which sets out the requirements for visits and reviews of a looked-after child.

11. Section 85

This applies to children and young people accommodated in England by Health Authorities and Local Education Authorities for a consecutive period of at least 3 months or with the intention to accommodate the child for such a period. The organisation who has arranged the provision – (the accommodating authority e.g. local authority, health authority, Integrated Care Board) shall notify the Director of Children’s Services (DCS) of the local authority where the child is ordinarily resident (the responsible authority) that they are accommodating the child. The accommodating authority shall also notify the DCS of the responsible authority when they cease to accommodate the child.

The responsible local authority has duties following notification of accommodation to:

  1. take such steps as are reasonably practicable to determine whether the child’s welfare is adequately safeguarded and promoted while they are accommodated by the accommodating authority;
  2. consider the extent to which (if at all) they should exercise any of their Children Act functions in respect of the child.

12. Section 86

It differs from Section 85 in a number of ways.

This applies to care homes and independent hospitals.

It places a responsibility on the provider of the placement (the person ‘carrying on the establishment in question’) to notify the DCS of the local authority where the provision is situated. Notification is required where a child is provided with accommodation in a care home or independent hospital for a consecutive period of at least 3 months, or with an intention to so accommodate. The provider must also notify the DCS when they cease to accommodate the child.

It is an offence not to notify the DCS as provided above.

The duties of the local authority following notification are to:

  1. take such steps as are reasonably practicable to determine whether the child’s welfare is adequately safeguarded and promoted while they are accommodated in the provision;
  2. consider the extent to which (if at all) they should exercise any of their Children Act functions in respect of the child.

13. Content and Timing of Notifications

Notifications to Children’s Services will typically contain the following information:

  • child’s name;
  • child’s date of birth;
  • child’s address immediately prior to admission (or that of person with parental responsibility immediately prior to delivery);
  • date of admission to hospital;
  • ward / department, lead professional for the child and contact details;
  • Name and contact details of parents / carers.

The notifying authority will also inform the parents/carers that the information has been disclosed to Children’s Services. Best practice dictates that notifications should be received at least three weeks before a child has been away from home for the statutory period 12 weeks so that Children’s Services interventions remain within timescales.

13.1 Section 85 referral process

All Section 85 notifications should be sent to the relevant safeguarding Integrated Front Door / Front Door / Single Point of Access, see Local Contacts.

Notifications are required when a child is likely to be resident within an institution for 12 weeks or more and also when a child is discharged after a 3 month period.

In Brighton & Hove see here – Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings (proceduresonline.com)

Where children’s services have been notified under this section, they shall:

  • take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while they are accommodated by the accommodating authority; and
  • consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

If the child concerned is already a looked after child/child in care under the Children Act 1989, the allocated Independent reviewing Officer (IRO) will be responsible for convening a looked after review to consider the child’s circumstances.

If the child is not looked after, Integrated Front Door/Front Door/ Single Point of Access,  would decide whether to undertake a social care assessment.

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Last reviewed in July 2022.

Next review in July 2025.

1. Introduction

The issue of when children can be left alone is a topic where there is continuing uncertainty for both parents and professionals, as there is no clear point when it is appropriate to leave a child unaccompanied by a parent or other responsible adult, or cared for by another child or young person.

There is no legal age at which a child can be left alone, although in some circumstances leaving a child without appropriate supervision and care will amount to a criminal offence.  The level of uncertainly in these cases means that parents can sometimes leave children unaccompanied without fully considering or understanding the level of risk a child may face, but in the belief it is safe to do so.

In other circumstances incidents of children being left home alone, especially if repeated, may be indicative of some more serious neglect or abuse that requires investigation, and is some cases will clearly be unlawful and require statutory intervention.

Just like deciding when a child’s old enough to be left at home on their own, there’s no set age when children can be allowed to go out without an adult or responsible person. As well as considering the level of maturity of the child, the places they are allowed to go on their own should be carefully thought through, as well as the times that they are allowed out. Parents and carers should make sure that the child is suitably prepared and understands they risks they may encounter, as well as knowing what to do if something goes wrong.

2. Definition

The use of this guidance should be considered in the following circumstances:

  • a child left alone in a home without any adult or responsible person present;
  • a child left in a home with an adult or child who is unsuitable;
  • a child allowed to go out without appropriate supervision.

The law outlines the circumstances in which a child who is left unaccompanied will amount to a criminal offence:

If any person who has attained the age of sixteen years and has responsibility for a child or young person under that age, wilfully assaults, ill-treats (whether physically or otherwise), neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated (whether physically or otherwise), neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (whether the suffering or injury is of a physical or a psychological nature) that person is guilty of an offence, and shall be liable. (Section 1(1) of the Children & Young Persons Act 1933).

This offence can only be committed by a person aged 16 or over who responsibility for a child under that age.

3. Recognition

In addition to the above there are general considerations that parents and carers should follow:

  • babies and young children should never be left unaccompanied at home, even for a few minutes;
  • even older children may not be mature enough to cope with an emergency, and should only be left alone for short periods of time if at all;
  • if an older child is left alone are they content about the arrangements and know how to contact their parents or carers;
  • children under 16 should not be left unaccompanied overnight;
  • does the child have additional needs which may impact on their ability?

Also see advice for parents A Guide to Help Parents and Carers decide whether their Child is ready to either stay at Home or go out Alone (NSPCC)

4. Response

In any situation where a child is found in the circumstances described above, the first issue to consider is the immediate safety of the child. If the child is at immediate risk of significant harm the police should be called immediately. The police have the power to take any child who is at immediate risk of significant harm into police protection. This will ensure the ongoing safety of a child whilst enquiries are made to locate their parents or carers. When a child is taken into police protection the police must inform children’s social care who should initiate Section 47 enquiries.

Even if a child is not at immediate risk of significant harm, if a child is found in circumstances where the parents or carers cannot be immediately located, the police should be contacted in order that enquiries can be made to locate the parents/ carers and consider whether any offences may have been committed.

When a professional who is working with a family discovers a child from that family unaccompanied, there is no reason why they cannot make initial enquires to locate the relevant parents/carers, but if these are not successful, the police should then again be notified.

In any of the above circumstances any child found should not be left unaccompanied by the professional discovering them until the parents/carers have been located and are considered suitable to care for the child, or the child has been taken into police protection.  Arrangements to place the child with relatives, friends or neighbours should only be made as a last resort, providing the child is old enough to have a view and is content to be placed in such circumstances, and police and children’s social care records have confirmed the suitability of any such person

In all incidents of children being found without appropriate supervision as described above, the child/ren should be made subject of a referral to children’s social care – see Making a Referral chapter.

5. Babysitting

There is no minimum age in law below which a child / young person may not ‘baby-sit’ a younger child. Those who hold Parental Responsibility are responsible for ensuring the baby-sitter is capable and will provide adequate care and should take account of:

  • age and maturity of child to be baby-sat
  • age, maturity and experience of the proposed baby-sitter;
  • nature of existing relationship between all parties;
  • length of time for which the child is to be baby-sat;
  • the physical environment;
  • availability of back-up from parent/s or other immediately available adult.

The NSPCC recommend 16 as the minimum age for baby-sitting.

If a baby-sitter is aged 16 or over and wilfully assaults, ill-treats, neglects, abandons or exposes a younger child in a manner likely to cause her/him unnecessary suffering or injury to health (or causes to procures the child to be so treated), s/he and the person with parental responsibility who arranged the babysitting are liable to prosecution.

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1. Definition

A young carer as defined by the Children and Families Act 2014 is a young person under the age of eighteen who has a caring responsibility for ‘another person’ on a regular basis. The concept of care includes personal, practical or emotional support and includes someone with mental health or substance misuse problems. ‘Another person’ means anyone within the same family, either adult or child who have an illness or disability and includes both older and younger siblings with physical and/or emotional health needs. On rare occasions, this caring responsibility may be for a friend.

Action for Children estimates that young carers spend on average 25 hours per week caring for loved ones and that many are effectively ‘on call’ at night.  It is not surprising that young carers often struggle to fit in other activities like schoolwork, playing sport or meeting up with friends.

The key principle is that:

Children should not undertake inappropriate or excessive caring roles that may have an impact on their development. A young carer becomes vulnerable when their caring role risks impacting upon their emotional or physical well-being and their prospects in education and life. (Care and Support Statutory Guidance (Department for Health and Social Care).

The following list identifies some roles which may be considered inappropriate or excessive duties depending on the individual family situation and should be considered as part of the child and family assessment:

  • intimate personal care;
  • strenuous physical activity such as lifting;
  • administering medication;
  • financial responsibility;
  • emotional support to the adult.

This definition acknowledges that more children than previously identified through legislation now qualify as young carers and are entitled to a needs assessment.

This definition excludes children providing care as part of contracted work or as voluntary work.

2. Recognition and Response

A child may come to the notice of agencies as caring responsibilities can significantly affect a child’s health and development. A child may present with one or more of the following concerns:

  • social isolation;
  • a low level of school attendance and /or educational difficulties including poor concentration;
  • impaired development of their identity and potential;
  • behaviour observed as mature or not ‘typical’ for years;
  • low self-esteem;
  • emotional and physical neglect;
  • conflict between loyalty to their family and their wish to have their own needs met.

It is important that special consideration is given to specific groups to ensure inclusive practice, especially when undertaking an assessment of needs, for example:

  • black and minority ethnic groups;
  • refugees and asylum seekers;
  • very young carers;
  • families in rural areas;
  • Armed Forces Families Response.

The Regulations that currently relate to young carers are contained within the Young Carers (Needs Assessments) Regulations 2015 and came into force on 1st April 2015.

In line with these regulations the local authority must carry out a young carer’s needs assessment in a manner, which is appropriate and proportionate to the needs and circumstances of the young carer to whom it relates. This is usually carried out as part of a Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) taking account of the needs and context of the whole family.

Each Local Authority is expected to take ‘reasonable steps’ to identify which children in their area are young carers. Once children are identified the Local Authority must carry out an assessment and ensure that services are provided to meet the identified need. The needs assessment should take into account the wider picture by considering fluctuating needs and the impact on the whole family.

Whoever carries out the assessment must:

  • be appropriately trained to have the skills and knowledge to be able to identify a young carer;
  • be an appropriate person to carry out the assessment having regard to the young carer’s circumstances, in particular the young carer’s age, sex and understanding;
  • have a clear process for identifying and recording young carers;
  • if English is not their first language then it is important to consider using an interpreter rather than a family member or friend.

In carrying out the assessment, the local authority must, in particular, have regard to:

  • the young carer’s age, understanding and family circumstances;
  • the wishes, feelings and preferences of the young carer;
  • any differences of opinion between the young carer, the young carer’s parents and the person cared for, with respect to the care which the young carer provides (or intends to provide);
  • the outcomes the young carer seeks from the assessment.

An assessment can be refused if:

  • the young carer does not appear to have needs for support (it is important to ensure the child is Gillick Competent, using Fraser Guidelines);
  • the local authority has already carried out an assessment of the young carer’s need for support connected with their care for a particular person and circumstances have not changed;
  • there are no concerns in relation to the child/ren being at risk of significant harm themselves.

3. Referrals

If there are circumstances identified in which a young carer is suffering, or is likely to be suffering, significant harm through emotional abuse and / or neglect then a referral must be made following the appropriate local area safeguarding procedure immediately.

Unless there is reason to believe that it would put the child at risk of harm, young carers should be informed if there is a need to make a referral, in order that their trust in a professional is maintained.

Where a young carer or parent does not give consent, but it is still considered necessary to initiate a child safeguarding referral, both the child and parent should be kept informed of all decisions made and offered support throughout.

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Date of last review April 2024.

Date of next review April 2027.

This guidance provides practitioners with a ‘working definition’ of harmful sexual behaviour when considering the actions of children and young people, and a brief overview of the features of behaviours that may be demonstrated. It also outlines the local service responses and referral guidance for HSB in Sussex.

RELATED CHAPTER

Children who Harm Other Children 

1. Definition

Harmful sexual behaviours are expressed by children and young people under the age of 18 years old that are developmentally inappropriate, may be harmful towards self or others, or be abusive towards another child, young person or adult. (derived from Hackett, 2014).  It may also be referred to as sexually harmful behaviour or sexualised behaviour.

Harmful sexual behaviour (HSB) is the umbrella term for those actions that are either:

  • sexually abusive, where there is an element of manipulation, force or coercion or where the subject of the behaviour is unable to give informed consent, or
  • sexually problematic, where there may not be an element of victimisation but where the behaviours may interfere with the development of the child demonstrating the behaviour or which might provoke rejection, cause distress or increase the risk of victimisation of the child.

Children’s sexual behaviour should be thought about as being on a continuum, ranging from healthy to violent; see Responding to
children who display sexualised behaviour (NSPCC) and Excerpted from Harmful Sexual Behaviour Framework, 2nd Ed. 2019 (NSPCC).

Defining what behaviours fit where on the continuum can be a difficult task and should be thought about within the context of the child’s behaviour itself and the child’s developmental situation. A particular behaviour in one circumstance could be harmful, whilst in another, it may not.

HSB is harmful to the children who display it as well as the people subjected to it.

Technology assisted HSB is problematic and abusive sexualised behaviour which children or young people engage in using the internet or technology such as mobile phones and tablets.

This might include:

  • developmentally inappropriate use of pornography;
  • sexual harassment;
  • grooming;
  • sending sexual texts, including sexting without images;
  • exposing other children and young people to pornography;
  • Viewing and distribution of Indecent Images of children and extreme pornography;
  • Voyeurism, e.g. recording an individual(s) in a state of undress or engaging in sexual activity without their knowledge or consent.

‘Child on child abuse’ (known previously as ‘peer on peer’) is defined by Farrer & Cos as:

Online child-on-child abuse is any form of child-on-child abuse where an element might be facilitated by digital technology, for example, consensual and non-consensual sharing of nude and semi-nude images and/or videos (sometimes called ‘sexting’), online abuse, coercion and exploitation, child-on-child grooming, misogyny/misandry, threatening and hate speech delivered via online means, the distribution of sexualised content (which might be youth-produced, commercial pornography or pseudo sexual images), and harassment. Addressing Child-on-Child Abuse: A Resource for Schools and Colleges (Farrer and Co)

2. Recognition

Some suggestions about features of behaviour are given below as prompts.

2.1 Healthy sexual behaviours

These include:

  • age-appropriate;
  • mutual;
  • consensual;
  • exploratory;
  • no intent to cause harm;
  • no power differential;
  • shared decision making.

Find out more about what is considered developmentally typical sexual behaviour in Sexual Development and Behaviour in Children (NSPCC)

It is important to be able to distinguish developmentally typical sexual behaviours from those that may be problematic or harmful, and make sure children get appropriate support. Always consider the child’s holistic needs and safeguarding concerns alongside any sexualised behaviour

The table in the link below sets out behaviours, from developmentally typical to harmful.

This ranges from:

  • normal;
  • inappropriate;
  • problematic;
  • abusive;
  • violent.

Responding to Children who Display Sexualised behaviour (NSPCC)

3. Assessment

Assessments of children and young people who have displayed HSB need to take account of the child’s developmental and family circumstances (including own abuse and/or trauma victimisation, and other behavioural issues), along with their educational and social situation, and should look to balance concerns and strengths.

Unstructured clinical judgements have been shown to be unhelpful in assessing this cohort of children and young people.

The level of response to the harmful sexual behaviour displayed by a child or young person will differ case by case and should take into account the seriousness of the behaviour, the needs of the child and their family, the impact on the child(ren) who have been harmed and any other identified risks. In some cases, a structured risk assessment tool may be used to assist trained professionals when intervening with young people who have displayed harmful sexual behaviour. Interventions need to be holistic and child-focused, and involve families.

A number of checklists and risk assessment tools are available which can assist in considering children and young people’s sexual behaviour, see Harmful Sexual Behaviour among Children and Young People (NICE)

Children and young people’s use of IT equipment and social media is now widespread. The above prompts can also be used in connection with such behaviour.  Accessing pornography may be problematic for children and could lead to them acting in abusive ways to others.  Social networking and exchanging personal information and images with other children, young people and/or adults could expose the child to abuse and/or precipitate their own harmful behaviour.  Again the specifics of the child/young person’s behaviour and its context will be important in determining what action to take.

4. Causes

Evidence shows that own victimisation by sexual abuse is a poor single explanation for why children / young people may present with HSB. The younger the child, with more serious / abusive behaviours, the more likely they have witnessed or experienced highly sexualised environments or actual abuse. However, even in these situations, it is not always the case.

Other forms of victimisation – neglect, physical abuse – are as significant, as is witnessing domestic violence. However, the possibility of child sexual abuse MUST be thoroughly and robustly investigated and the child given appropriate opportunities to discuss such a possibility.

Professionals should be open to the idea that disadvantage and / or traumatic experiences may impact the child / young person’s behaviour, and this may not necessarily be due to their own sexual abuse.

5. Child Sexual Exploitation (CSE) and the Link with HSB

Child Sexual Exploitation (CSE) and HSB are seen as separate yet interlinked phenomena, with some distinct elements but the potential for overlap.

CSE is more likely to be represented by sexual violence towards teenagers, often in a relational context, and frequently where young people are sexually exploited by either individuals or group offenders (other young people or adults).

Young people who sexually abuse other young people within the context of relationships fit the definitions of both HSB as sexual behaviour which victimises others and CSE as exploitative, exchange based abuse. It is appropriate to view HSB and CSE as distinct but overlapping forms of sexual abuse, as both share the elements of coercion, misuse of power, violence and lack of consent and choice.

6. Response

If you are concerned that a child / young person is presenting with HSB, then speak to your manager or designated child protection lead. Action should be taken in accordance with child protection procedures: Making a Referral. Ultimately what action is taken to help the child should depend on, and be proportionate to, the type of behaviour being demonstrated and the child’s developmental stage and needs. These decisions should be taken in collaboration with the child/young person’s parents / carers.

Consideration should also be given to safeguarding children in contact with the child /young person who may be demonstrating harmful sexual behaviour, including siblings. See the procedure on Children who Harm other Children.

6.1 Brighton and Hove

The Partners in Change hub has a team (TACT) which works with children and young people who display harmful sexual behaviour. A consultation from TACT/Partners in Change should be considered when there is concern about a pattern of problematic sexual behaviour, the behaviour is abusive, or when it is believed that a specific intervention is required.

6.2 West Sussex

West Sussex have developed Sexual Harm Practice guidance. This is available for West Sussex social workers to access through Tri-X. Social workers should refer to this for more information on responding to HSB.

6.3 East Sussex

In East Sussex the SWIFT Service works with harmful sexual behaviour:

Any concerns about a child or young person not already known to Children’s Services should be reported via SPOA (Single Point of Access) 01323 464222 [email protected].

SWIFT Specialist Family Service includes a multi-disciplinary team of workers who work with children, young people and families where there are concerns about sexual abuse, whether this relates to a young person with harmful sexual behaviour or an adult perpetrator.  The service for children and young people with harmful sexual behaviours incorporates consultation, assessment and intervention.  Interventions include individual and family work and support for the professional network in managing the child/young person.  A consultation from SWIFT (sexual risk) should be considered when there is concern about a pattern of problematic behaviour, the behaviour is abusive, or when it is believed that a specific intervention is required.

7. Useful Information

7.1 Parent Guide

Parent Guide: Challenging Conversations – Harmful Sexual Behaviour (YMCA)

7.2 Tools for schools

Beyond Referrals: Harmful Sexual Behaviour (HSB) and Extra-familial Harm (EFH) in school settings (Contextual Safeguarding)

Safety Planning in Education: A Guide for Professionals Supporting Children following Incidents of Harmful Sexual Behaviour (Centre of Expertise on Child Sexual Abuse) – This guide provides practical support for those in education settings to respond to children’s needs and safety when incidents of HSB occur. The guide includes a safety plan template, and advice on how to communicate with children and their parents alongside other resources

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This policy was last reviewed in July 2024.

Date of next review July 2025.

SCOPE OF THIS CHAPTER

The guidance provides advice on how to manage and respond to concerns of children and young people identified as being vulnerable to and affected by the radicalisation of others.

RELATED NATIONAL GUIDANCE

Channel and Prevent Multi-Agency Panel (PMAP) Guidance (Home Office)

Prevent Duty Guidance: England and Wales (Home Office)

The Prevent Duty: Safeguarding Learners Vulnerable to Radicalisation (Department for Education) 

Working Together to Safeguard Children (Department for Education)

1. Introduction

The Counter Terrorism and Security Act 2015 created a new general ‘Prevent Duty’ under section 26 (1). ‘A specified authority must in the exercise of its functions, have due regard to the need to prevent people from being drawn into terrorism’. Specified authorities within the CTS Act, 2015 include all Local Authorities, Schools, Colleges, Universities, Police, Probation, Prisons, Young offenders’ institutions and the Health sector.

Prevent is one of the four strands of CONTEST, the Government’s Counter Terrorism Strategy.  Safeguarding children and adults who are susceptible to being radicalised or at risk of being drawn into terrorist-related activity or supporting terrorism is one of the main objectives of the Prevent strategy.  It is about early intervention to protect and divert people away from the risk they face before illegality occurs.

A key element of the Prevent strategy is Channel, the process of identifying and referring a person at risk of radicalisation for early intervention and support. It is a multi-agency approach to protect vulnerable people using collaboration between local authorities, statutory partners (such as education and health organisations, social services, children’s and youth services and offender management services), the police and the local community.

Section 36 (1) of the CTS Act creates a Channel Duty on the Local Authority to ensure that a Channel panel is in place for its area, with the function of assessing the extent to which identified individuals are susceptible to being drawn into terrorism’.  The local authority is responsible for chairing the local Channel panel.

Section 38 of the CTS Act places a ‘Duty to Co-operate’ on all partners of a panel – as far as compatible with the partner’s legal responsibilities in respect of their function.

Prevent addresses all forms of terrorism (extreme right wing, Islamist, e.g. inspired by Al-Qaida, Daesh and associated terrorisms, and single issues etc.).

Radicalisation is defined as the process by which people come to support terrorism and violent extremism and, in some cases, to then participate in terrorist groups.

This Glossary of Terms (Home Office) may be helpful

1.1 Toolkit for Local Authorities

This toolkit supports the delivery of the Prevent duty by local authorities in England and Wales by providing practical information and suggestions for local authorities to prevent people from becoming a terrorist or supporting terrorism. It includes examples of good and best practice in putting the Prevent duty guidance into action.

See Toolkit for Local Authorities (Home Office)

2. Understanding and Recognising Risks and Susceptibilities of Radicalisation

Children and young people can be drawn into violence or they can be exposed to the messages of extremist groups by many means.  These can include through the influence of family members or friends and/or direct contact with extremist groups and organisations or, increasingly, through the internet.

Risk of Radicalisation may be combined with other susceptibilities or vulnerabilities. Research shows that indicators of susceptibility can include the following, although as there is no specific profile, this list is not exhaustive:

  • identity crisis: distance from cultural / religious heritage and uncomfortable with their place in the society around them;
  • personal crisis: family tensions; sense of isolation; adolescence; low self-esteem; disassociating from existing friendship group and becoming involved with a new and different group of friends; searching for answers to questions about identity, faith and belonging;
  • personal circumstances: migration; local community tensions; events affecting country or region of origin; alienation from UK values; having a sense of grievance that is triggered by personal experience of racism or discrimination or aspects of Government policy;
  • unmet aspirations: perceptions of injustice; feeling of failure; rejection of civic life;
  • criminality: experiences of imprisonment; poor resettlement / reintegration; previous involvement with criminal groups.

Potential risk indicators include:

  • use of inappropriate language;
  • possession of violent extremist literature or accessing extremist websites or material;
  • behavioural changes;
  • the expression of extremist views;
  • advocating violent actions and means
  • association with known extremists;
  • articulating support for violent extremist causes or leaders;
  • using extremist views to explain personal disadvantage;
  • joining or seeking to join extremist organisations;
  • have had potentially traumatic exposure to conflict zones;
  • seeking to recruit others to an extremist ideology.

Some children may be at risk due to living with or being in direct contact with known extremists.

Please see Prevent Duty: Risk Assessment Templates (gov.uk). for early years, schools and further education providers. This provides information on how to complete a risk assessment to assess the risk of people becoming terrorists or supporting terrorism.

3. The Prevent Duty: Advice for Schools and Childcare Providers

All schools, childcare providers, registered early years childcare providers and registered later years childcare providers are subject to a duty under section 26 of the Counter-Terrorism and Security Act 2015, in the exercise of their functions, to have “due regard to the need to prevent people from being drawn into terrorism”. This duty is known as the Prevent duty.

The DfE has published departmental advice which requires schools and child care providers to:

  • assesses the risk of children being drawn into terrorism or supporting terrorism;
  • work in partnership with safeguarding partnership agencies, Prevent Boards / Teams and safeguarding policies;
  • ensure staff training in Prevent awareness;
  • ensure that children are safe from online terrorist and extremist material when accessing the internet in schools.

The Prevent duty: Safeguarding Learners Vulnerable to Radicalisation (Department for Education)

Risk Assessment templates for early years, schools and further education providers can be found here – Risk Assessment Templates 

3.1 Prevent duty training

Access training courses on the Prevent duty, the threat from terrorism and extremism in the UK and how to support people susceptible to radicalisation, See Prevent Duty Training (gov.uk)

Please also note the refreshers training that professionals must complete annually.

4. What to do if You are Worried about Radicalisation

Staff working with children should use their safeguarding partnership Thresholds to assist them in identifying and responding to concerns about children who may be susceptible to radicalisation or being drawn into violent extremist activity (see Thresholds chapter).

Any member of staff who identifies such concerns, for example as a result of observed behaviour or reports of conversations to suggest the child supports terrorism and / or violent extremism, must report these concerns to the named or designated safeguarding professional in their organisation or agency, who will consider what further action is required.

The named or designated safeguarding professional, in discussion with other professionals (including the local police/ council Prevent team) as appropriate, will need to determine the most appropriate level and type of support to offer the child and their family:

Level 1 – Universal support, advice and information

Universal services can raise awareness, offer support, provide advice and guidance and link children and families to community support services. Examples are work on anti-violence addressed throughout the curriculum, citizenship programmes, focussed educational programmes.

Level 2 – Early Help

Where there are early signs of potential susceptibilities to radicalisation advice and guidance or simple specialist support from one or two professionals like a health visitor, youth worker, educational support, parenting advice can support the family to prevent susceptibilities to radicalism. Responses could include additional tutoring or mentoring, additional activities within and out of school, family support; increased adult support, supervision and encouragement and family support or parenting programmes. At this stage the practitioner and family should agree together if there is a need for an Early Help plan to co-ordinate a simple plan of support which would ordinarily involve more than two agencies.

Level 3 – Targeted Early Help

Where efforts at early levels at of support have not prevented concerns or a higher level of targeted and multi-agency response is indicated, an Early Help Assessment and plan should be agreed with the child/young person and parents. These services will provide a keyworker skilled in supporting families, who will lead the TAF and provide additional intervention to support change. Examples of this kind of service are the Think Family Programme, Integrated Support Teams, Intensive Youth Support, Family Resource Team, Family Outreach workers and Early Support Team.

Level 4 – Children’s Social Care Specialist or Statutory Intervention

Where there are indicators of risks of radicalisation for child / young person or they are thought to be at risk of significant harm, and/or where investigations need to be carried out, a referral to the Multi-Agency Safeguarding Hub should be made.

The named or designated safeguarding professional should consider whether a situation may be so serious that an emergency response is required. Staff should exercise professional judgement and common sense to identify whether an emergency situation applies; examples in relation to violent extremism are expected to be very rare but would apply when there is information that a violent act is imminent or where weapons or other materials may be in the possession of a young person, another member of their family or within the community. In this situation, a 999 call should be made.

Children and young people at risk of radicalisation will also need to be referred to Prevent (see details below).  This may result in their case being considered by the local Channel panel, which works in conjunction with existing safeguarding procedures.

5. Prevent and the Channel Process in the NHS: Information Sharing and Governance

When considering the sharing of personal data, there is a need to decide whether it is necessary, proportionate and lawful to share this information when the risk to both the individual and/or the public is considered.

Any disclosures or discussions on sharing personal data or consent must always be documented in an appropriate location in the patient record.

In line with information sharing policy, there should be clarity as to what legal basis the personal data is being shared with and processed by other third parties, and whether it’s being shared for safeguarding purposes, national security or the prevention of crime.

Confidentiality is an important ethical and legal duty, but it is not an absolute and can be overridden without breaching duties of patient or staff confidentiality if the disclosure is for safeguarding or public interest reasons and where the public interest test can be met.

Please see the following guidance for healthcare professionals about how to share information to safeguard individuals from radicalisation, see Prevent and the Channel Process in the NHS: Information Sharing and Governance (Department of Health and Social Care).

6. Channel: Referral and Intervention Processes

Channel is the national framework to identify, refer and support individuals susceptible to being drawn into terrorism. It is a multi-agency approach to protect people susceptible to radicalisation. Individuals vulnerable to being drawn into terrorist related activities or supporting terrorism can expect to be supported by the ‘Channel’ multi-agency panel. The Channel Panel will:

  • identify individuals at risk of being drawn into terrorism;
  • assess the nature and extent of that risk; and
  • develop the most appropriate support plan for the individuals concerned including, for example, interventions such as faith mentors.

The panel is responsible for managing the safeguarding risk which is in line with other multi-agency panels where risk is managed, such as Children and Adult Safeguarding panels and Multi-Agency Public Protection Arrangements (MAPPA).

There is a single pathway to refer an individual who may be susceptible to being drawn into terrorism or extremism in Sussex. If concerned, please complete the National Prevent Referral Form and email completed forms to:

The completed Prevent form will go to:

  • Prevent Policing Team (for initial screening and to consider if suitable to discuss at the Channel Panel);
  • Front Door For Families (Brighton & Hove) / SPOA (East Sussex)/ Integrated Front Door (West Sussex)

7. Interventions and Support

Sussex Police Prevent Team

Telephone 101 | Ext. 531355

Email: [email protected]

Local Channel Panel Chairs in Brighton & Hove

Nahida Shaikh, Prevent Lead Officer, Brighton & Hove City Council

Tel: 01273 290584

Email: [email protected]

Local Channel Panel Chairs in East Sussex

Adult Panels; Kellie Clarke

Designated Adult Safeguarding Operations Manager ESCC

Email:[email protected];

Tel: 01273 482777

Children’s Panels: Donald Lindo

Independent Reviewing Officer Safeguarding Unit ESCC CS

[email protected]

Tel: 01323 466115

Local Channel Panel Chairs in West Sussex

For West Sussex: Beverly Knight

Countering Extremism Team, Community Safety & Wellbeing, WSCC

Telephone 0330 222 4223 | Mobile 0789 458 9071

Email: [email protected]

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Date of last review January 2024.

Date of next review January 2026.

1. Introduction

Children being absent from education for prolonged periods and / or on repeat occasions can act as a vital warning sign to a range of safeguarding issues including neglect, child sexual and child criminal exploitation – particularly county lines. It is important the school or college’s response to persistently absent pupils and children missing education supports identifying such abuse, and in the case of absent pupils, helps prevent the risk of them becoming a child missing education in the future. This includes when problems are first emerging but also where children are already known to local authority children’s social care and need a social worker (such as a child who is a child in need or who has a child protection plan, or is a looked after child), where being absent from education may increase known safeguarding risks within the family or in the community.

2. Suspensions and Exclusions

2.1 Suspension and exclusion from school

Suspension and Permanent Exclusion Guidance (Department for Education) sets out that only the head teacher of a school can suspend or exclude a pupil, and permanent exclusion must be a last resort and in response to a serious breach or persistent breaches of the school’s behaviour policy; and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.

In considering the appropriate consequence for breaching the school’s behaviour policy, the headteacher should consider the following factors:

  • concerning behaviours can be an indication of safeguarding concerns, such as abuse or neglect, and removing the pupil from the protective factor of full-time education could be placing them at risk of harm;
  • there may be an increased risk of child exploitation while the pupil is suspended / excluded;
  • a sense of belonging is important for a pupil to feel safe and be able to engage with learning; suspension/permanent exclusion is a significant rejection, that often leads to disengagement, impacted peer relationships, school refusal and poor outcomes for the pupil;
  • suspension and permanent exclusion place pressure on the family, and this could be a significant risk for children on the edge of care.

Best practice would be to prioritise the pupil’s safety and wellbeing when responding to breaches of the school’s behaviour policy.  It is important to engage the family and seek the views of the professional network around the pupil prior to a decision to exclude, and source alternatives to suspension / exclusion wherever possible

Should a headteacher decide to suspend or exclude a pupil open to social care the social worker must be informed without delay.  It is important to follow the local area’s guidance for informing the local authority of suspensions and exclusions for all pupils.

3. Reduced / Part-time / Re-integration Timetables that go Beyond Six Weeks

3.1 Reduced timetables

The guidance Working Together to Improve School Attendance (Department for Education) sets out that as a rule pupils should not be placed on reduced timetables as all pupils of compulsory school age are entitled to a full-time education. A reduced timetable means that the number of hours spent in education are reduced for a time limited period. A part-time timetable must only be in place for the shortest time necessary and not be treated as a long-term solution It is unlawful to impose a reduced timetable without parent/carer consent, this includes the social worker for Looked After Children.

In very exceptional circumstances there may be a need for a temporary part-time timetable to meet a pupil’s individual needs. For example, where a medical condition prevents a pupil from attending full-time education and a part-time timetable is considered as part of a re-integration package. A part-time timetable should not be used to manage a pupil’s behaviour.

There are risks associated with reduced timetables and these risks increase significantly over time, which is why a part-time timetable must not be treated as a long-term solution and should only be in place for a maximum of 6 weeks.

In considering whether a reduced timetable is appropriate, schools should consider:

  • removing the pupil from the protective factor of full-time education could be placing them at risk of harm where there are known, or unknown, safeguarding concerns;
  • there may be an increased risk of child exploitation while the pupil is not in school;
  • a sense of belonging is important for a pupil to feel safe and be able to engage with learning; reduced time in school often leads to disengagement, impacted peer relationships, school refusal and poor outcomes for the pupil;
  • reduced timetables place pressure on the family, and this could be a significant risk for children on the edge of care.

It is important to follow the local area’s guidance on reduced timetables, including engaging with local authority services.

4. Special Educational Needs and Disability (SEND)

All partners have a responsibility to ensure that children and young people vulnerable to underachievement can access their full-time educational entitlement. Pupils with SEND, both with and without an Education Health and Care Plan, are more vulnerable to the impact of suspension, exclusion and a reduced education offer. A reduced education offer can place additional pressure on the family, leading to increased safeguarding risks and chance of family breakdown.

As well as following the best practice guidance set out in this document for all pupils, schools need to consider that:

  • schools have a statutory duty not to discriminate against pupils on the basis of protected characteristics, such as disability;
  • disruptive behaviour can be an indication of unmet needs; where a school has concerns about a pupil’s behaviour, it should try to identify whether there are any causal factors and intervene early to prevent suspension and exclusion;
  • under the Equality Act 2010 (the Equality Act), schools must not discriminate against, harass or victimise pupils because of disability; for disabled children, this includes a duty to make reasonable adjustments to policies and practices and the provision of auxiliary aids;
  • it would be unlawful to exclude a pupil simply because they have additional needs or a disability that the school feels it is unable to meet;
  • pupils with SEND are at increased risk of falling behind their peers; therefore, reduced timetables should be avoided, concerning attendance should be responded to without delay, and careful consideration should be given as to how parent / carers can meet any additional needs should they chose to Electively Home Educate – see Elective Home Education chapter;
  • schools should ensure that they are obtaining the pupil’s views, engaging services to support where there are cognitive or social communication barriers to expressing those views.

It is important to follow the SEND Code of Practice (DfE and DHSC) and the local area’s guidance on identifying and meeting the needs of pupils with SEND, including engaging with local authority services to remove any barriers to accessing full time education.

5. Children with Medical Conditions (including Complex Neuro-Disability)

All schools have a duty to support children with medical needs to continue to access education according to Supporting Pupils at School with Medical Conditions (Department for Education).

‘Pupils at school with medical conditions should be properly supported so that they have full access to education, including school trips and physical education.

  • Governing bodies must ensure that arrangements are in place in schools to support pupils at school with medical conditions.
  • Governing bodies should ensure that school leaders consult health and social care professionals, pupils and parents to ensure that the needs of children with medical conditions are properly understood and effectively supported’.

Where there are safeguarding concerns regarding a pupil’s access to education relevant individuals in health, education and social care should be in contact to ensure that a clear plan is in place to re-engage the pupil with education.

Local authorities have a duty to provide education for children who are unable to access education at school and where the school is not able to provide an education under the duties above.

Where a school has concerns around a pupil’s attendance due to medical needs they should refer the concerns to the LA who will look at whether it is appropriate for the LA to provide an education or whether the school should, under the above guidance, look to adapt their learning offer to ensure a pupil’s continued engagement with learning at school.

Children who have an Education and Health Care Plan (EHCP) are entitled and should receive an annual review of their EHCP, especially if they have reduced school attendance.

Where the school has concerns regarding the pupil they should always have regard to Keeping Children Safe in Education (Department for Education) and involve colleagues in other agencies in discussing the pupil such as:

  • the local authority medical needs education support team in the relevant local authority;
  • early help;
  • school mental health services;
  • local CAMHS services;
  • school nurses;
  • other local professionals linked to school.

6. Children and Young People open to Youth Justice Services (YJS)

All partners have a responsibility to ensure that children and young people vulnerable to exploitation and / or family breakdown can access the protective factor of their full-time educational entitlement. Pupils open to YJS are more vulnerable to the impact of suspension, exclusion and a reduced education offer, both for their immediate safeguarding and long-term outcomes.

As well as following the best practice guidance set out in this document for all pupils, schools need to consider that pupils open to YJS will be at significant increased risk of being drawn into further offending and child exploitation when they are not in school. Additional pressure is also placed on the family, increasing the risk of family breakdown. It is essential for schools to follow the local area guidance, including engaging with support services to ensure vulnerable pupils can access and engage with a full-time education offer.

It is important to refer to the local area’s Youth Justice Plan and any guidance on supporting pupils open to YJS, including engaging with local authority services to remove any barriers to accessing full time education.

7. Expectations on School Attendance

Working Together to Improve School Attendance (Department for Education) states that ‘It is essential for pupils to get the most out of their school experience, including their attainment, wellbeing, and wider life chances…. For the most vulnerable pupils, regular attendance is also an important protective factor and the best opportunity for needs to be identified and support provided.’

Where a pupil is not in school then school governing bodies and school proprietors need to have regard to the statutory guidance Keeping Children Safe in Education (Department for Education) and should ensure appropriate safeguarding responses are in place, particular where a child is not attending on repeat occasions. If there are concerns schools should use their professional judgement and consult their safeguarding lead on whether it is appropriate to escalate the concern to their local child protection services.

Schools are expected to make every effort under safeguarding expectations to contact parents and maintain contact where a pupil is not attending, offering support as necessary. They can also have recourse to statutory powers to enforce attendance (administered by the local authority) if that is appropriate and subject to the local attendance code of conduct.

Local authorities should have their own guidance on school attendance and should publish a Code of Conduct in relation to attendance and ensure that they can fulfil statutory duties to promote good attendance, including administering fixed penalty notices, parenting orders and education supervision orders.

Schools also have a duty to inform the local authority that a pupil’s name is to be deleted from the admission register under strict prescribed grounds as soon as those grounds are met.

7.1 Persistent and chronic school absence

In addition to the expectations outlined above then where there is persistent absence (defined nationally as 90% or below) then, dependent on the individual circumstances, a bespoke multiagency approach may be appropriate. This may necessitate a team around the family or team around the child approach using appropriate local provision. This may include:

  • early help;
  • school mental health services;
  • local CAMHS services;
  • school nurses;
  • other local professionals linked to school.

For chronic school absence the above guidelines are appropriate, and schools should use their professional judgement and consult their safeguarding lead on whether it is appropriate to escalate the concern to their local child protection services.

7.2 Mental health issues affecting attendance

The below document builds on the Working Together to Improve School Attendance (Department for Education) guidance  and should be read alongside the statutory guidance documents on parental responsibility measures, children absent from education, supporting children with medical conditions, suspensions and exclusions, alternative provision, and safeguarding.

A list of relevant links to further guidance is available at the end of the document.

Mental Health Issues Affecting a Pupil’s Attendance: Guidance for Schools (Department for Education) makes clear the expectations placed on school staff as well as academy trustees/governing bodies, parents / carers and Local Authorities (LAs) where there is a pupil experiencing social, emotional or mental health issues that are affecting attendance. This guidance applies to any pupils displaying any social, emotional or mental health issue that is affecting their attendance. It is not only for pupils who have a diagnosed mental disorder, or a disability or special educational need.

8. Elective Home Education

Please see Elective Home Education chapter.

9. Children and Families who move across Safeguarding Children Partnership Boundaries

Please see Working with children and families who move across Safeguarding Children Partnership Boundaries chapter.

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Last reviewed July 2022.

Date of next review July 2025.

1. Significance

Organisational responses to allegations by an adult of abuse experienced as a child must be of as high a standard as a response to current abuse because:

  • there is a significant likelihood that a person who abused a child/ren in the past will have continued and may still be doing so;
  • criminal prosecution remains a possibility if sufficient evidence can be carefully collated.

2. Response

As soon as it is apparent that an adult is revealing childhood abuse, the member of staff must record what is said by the service user and the responses given by the staff member. A chronology should be undertaken and all records must be dated and the authorship made clear by a legible signature or name.

The person disclosing the non recent abuse should be asked whether they want a police investigation and must be reassured that the Safeguarding Investigations Unit is able and willing to undertake such work, especially for those adults who are vulnerable as a result of mental health or learning difficulties. Even if the person disclosing the abuse does not want an investigation the Police may still investigate in the interests of public safety.

The adult should be informed that when it is believed that an alleged abuser has contact with a child or poses a risk to children a referral will be made to children’s social care so that information can be gathered and a decision can be made whether to apply child protection procedures in respect of the child(ren) with whom the alleged abuser has contact or who may be at risk of harm

If possible, staff should establish if the adult is aware of the alleged perpetrator’s recent or current whereabouts and contact with children.

Professionals responding to an allegation of historical (non recent) abuse should try and establish the following:

  • name of the alleged abuser, date of birth or approximate current age and current address/whereabouts and occupation
  • location / address where the abuse occurred
  • the year the abuse occurred and duration of the period over which the abuse occurred
  • whether it is known if there are any child/ren that may currently be at risk from the alleged abuser or any contact the alleged abuser has with children.

The professional should be aware and sensitive to the fact that the adult disclosing may not wish to give any of the above details, including the alleged abusers’ name, possibly in fear for their own safety.

Direct questioning concerning the detail of the abuse should be avoided, but an adult disclosing abuse should not be prevented from freely recalling events.

If a child under 18 makes a disclosure to a professional about non recent abuse this should be responded to like any other disclosure of abuse (that is, contact either East Sussex SPOA, Brighton and Hove Front Door for Families, West Sussex Integrated Front Door).

Consideration must be given to the therapeutic needs of the adult and reassurance given that, even without their direct involvement, all reasonable efforts will be made to look into what they have reported.

Sussex Police Control Room must be informed about allegations of crime at the earliest opportunity. This can be done by phoning 101 or by going to Report a Crime (Sussex Police). Whether the Police become involved in an investigation will depend on several factors including the victims’ wishes, safeguarding of others, and the public interest. If the location of the crime is not in Sussex, then Sussex Police will inform the local force area. The victim will be told who will continue with the investigation.

If a child under 18 is making a non recent allegation of abuse, Children’s Social Care should initiate a Strategy Discussions if the alleged perpetrator is known currently to be caring for, or has access to children (including making the necessary referral to the area where the alleged perpetrator is now known to live) (see Strategy Discussions chapter).

See also Sussex Child Sexual Abuse Pathway (opens as a pdf)

If the alleged perpetrator has their own children, or there are children in the household, consideration to be given to appropriate safeguarding of those children.

Where the alleged perpetrator has contact with children as part of their employment or any voluntary role (whether current or historical), the Allegations Against People who Work with, Care for or Volunteer with Children chapter should be followed.

3. National support services

RASCAT – Recovering Adult Survivors of Childhood Abuse and Trauma

no2abuse.com – A survivor’s site includes forum, chat room and information

Help for Adult Victims of Child Abuse (HAVOCA) – Information and support for adults who have experienced any type of childhood abuse, run by survivor

National Association for People Abused in Childhood (NAPAC) – Supports adult survivors of any form of childhood abuse. Offers a helpline, email support and local services; tel 0808 801 0331; email [email protected]

Support for Survivors – Support for adult survivors of child abuse; tel 0115 962 2722; email [email protected].

4. Local Support Services

4.1 Brighton & Hove

Survivors’ Network

Survivors’ Network provides specialist support services to people affected by sexual violence and abuse.  Our range of services are safe, confidential and non-judgmental. We work to empower survivors to make choices and achieve the life they want. We work with all self-identified women aged 14+ who have experienced any form of sexual abuse, sexual violence, sexual harassment or violation. We also have specific targeted services for women aged 14-25. Our ISVA service works with survivors of all genders and ages. We provide support for families, partners and friends.

  • Address: 6a Pavilion Buildings, Brighton, BN1 1EE
  • Office: 01273 203380
  • Helpline: 01273 720110 (opening times Wednesday 7pm-9pm)
  • Email: [email protected]

Mankind

Sussex-based support for men who have been affected by unwanted sexual experiences

  • Postal address: 1 Brunswick Road, Brighton & Hove, BN3 1DG
  • Telephone: 01273 911 680
  • Email: [email protected]
  • Area covered: Hove, South East England
  • Services offered: Counselling, Support, Information, Email support.
  • Services for: Male survivors of rape and sexual abuse 18+ (inclusive of trans and non-binary people)
  • Partners of male survivors of rape or sexual abuse, Parents of male survivors of rape or sexual abuse, Mental health/care workers supporting survivors of rape or sexual abuse

4.2 East Sussex

5.3 West Sussex

Lifecentre – A charity offering support to people of all ages, genders and backgrounds who have had an unwanted sexual experience.

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Last reviewed in November 2023.

Date of next review November 2025.

SCOPE OF THIS CHAPTER

Detailed guidance for senior investigating officers is also contained here Managing Complex Child Abuse Investigations (College of Policing)

Also see Responding to a Potential Cluster of Suicides for Children and Young People aged under 18

1. Definition

Complex (organised or multiple) abuse may be defined as abuse involving one or more abusers and a 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:

  • aspects of ritual to aid or conceal the abuse of children;
  • child sexual abuse networks where adults plan and develop social contacts with children for the purpose of gaining access to them in order to abuse them;
  • abusive images of children or abuse of children through sexual exploitation;
  • abuse in residential homes, boarding schools or other institutions;
  • adult/s who seek contact with children for improper reasons through leisure or welfare organisations.

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 non recent 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.

2. General Principles

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 chapter.

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 Section 11, 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 chapter.)

3. Response

Where there is a suspicion of complex abuse, the social / duty worker or police officer/ staff 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 safeguarding partnership, which should be kept informed of its progress.

Click here to view the Sequence of Events Flowchart, which describes the sequence of events in responding to concerns about potential complex abuse.

4. Scoping Strategy Discussion

In order to assist the decision whether a complex abuse investigation is commenced, there should be a ‘scoping’ meeting involving the:

  • Senior child protection manager, Children’s Social Care, or their nominee;
  • Police detective chief inspector, Safeguarding Investigations Unit, or their nominee;
  • Operational managers from any other agency with information to assist in determining the scale of the enquiry, including the referring agency.

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:

  • extent or seriousness of the abuse (potential and actual numbers involved; the complexity of the circumstances; seriousness of injury or abuse; strength of public concern / feeling; the affect upon the community);
  • context in which the abuse occurred (degree of organisation; ritual; paedophile ring; access to children; employer / volunteer; school, nursery or other institution).

The scoping meeting must:

  • assess the information known to date;
  • decide what further information is required at this stage;
  • arrange for its gathering;
  • establish whether, and to what extent, complex abuse has been uncovered;
  • undertake an initial mapping exercise to determine the scale of the investigation and possible individuals implicated;
  • consider any immediate protective action required;
  • consider a plan for the investigation to be presented to the Strategic Management Group, including resource implications, if a complex investigation is initiated.

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.

Click here to view the Sequence of Events Flowchart.

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.

5. 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. They must inform the safeguarding partnership 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.

6. 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:

  • Lead officer for Children’s Social Care or nominee;
  • Assistant Chief Police Officer or nominee;
  • Police senior investigating officer (SIO);
  • Senior child protection manager or nominee;
  • Senior legal adviser (local authority);
  • Crown Prosecution Service;
  • Assistant Director, Education or nominee;
  • Senior health representative;
  • Press officer;
  • Other individuals and agencies as appropriate.

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:

Time, date, location of the meeting;

  • persons present;
  • apologies;
  • details of all individuals subject of the enquiry (genogram);
  • facts and circumstances known to date;
  • identified actions;
  • parameters of investigation;
  • terms of reference;
  • resources and management issues;
  • media issues;
  • miscellaneous;
  • exit strategy;
  • date of next meeting.

Decisions and explanatory reasoning should be recorded in the policy file, 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:

  • a decision on the scale of the investigation and the staff required for a Joint Investigation Management Group (see Section 7, Investigation Management Group);
  • the focus of the investigation: protection versus prosecution and what will and what will not be investigated;
  • any cross boundary issues and planning of appropriate liaison and sharing of resources;
  • identification of staff to manage the investigative process (usually the Safeguarding Investigations Unit DI and social work service / operational manager);
  • identification of sufficient trained staff for the investigation (see below);
  • organisation of adequate accommodation including a dedicated major incident room and facilities for interviewing and recording interviews;
  • arrangements for medical staff to conduct assessments;
  • arrangements for sufficient administrative staff and information technology resources to support the investigation;
  • proper legal advice including consultation with the Crown Prosecution Service, litigation and any other legal implications;
  • sufficient resources to ensure that children are protected from further abuse and that their welfare remains paramount (this should include appropriate foster, day-care or residential placements, medical, therapeutic, educational and practical services);
  • victim care;
  • child witness support, if relevant;
  • sufficient support, supervision and de-briefing of staff involved;
  • availability of expert advice where necessary;
  • liaison arrangements for inter-agency working;
  • time scales for the stages of the investigation;
  • allocation of specific tasks to personnel involved in the investigation together with line management responsibilities;
  • management of public relations and media interest in the case;
  • management of political arena;
  • confidentiality / need to know arrangements;
  • disclosure policy / information sharing;
  • professional association interest (e.g. Trades Unions);
  • free phone application – helpline for victims / information line;
  • issues around financial compensation for victims;
  • exit strategy;
  • safety / security of records and appointment of disclosure officer.

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.

The SMG must make arrangements to convene regularly during the investigation to:

  • monitor the progress, quality and integrity of the investigation;
  • review risk indicators for the children involved;
  • consider resource requirements;
  • consider the appropriate timing of the termination of the investigation;
  • plan a de-brief meeting with the investigation management group to identify lessons learnt.

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 safeguarding partnership of the investigation and consideration given to the need for a child safeguarding practice review.

7. Investigation Management Group

This group led by the police senior investigating officer or their 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:

  • a forum for the exchange of information, tactics and strategy, and to monitor the progress of the investigation;
  • ensuring consistent strategy for interviewing victims;
  • updating the SMG of the progress of the investigation;
  • updating the SMG on any resource shortages;
  • ensuring consistent support for victims and their families;
  • maintaining support for investigation team staff;
  • sharing information with agencies not represented on the SMG;
  • ensuring compliance by the investigation team of policy and parameters set with regard to information sharing and confidentiality;
  • ensuring cross-flow of intelligence between agencies and the police major incident room;
  • setting policy.

8. Investigation Team

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.

9. 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, emails, 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.

10. Information Sharing

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 the Information Sharing and Confidentiality section 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 chapter).

11. 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.

12. Closure

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 safeguarding practice 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 safeguarding partnership.

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.

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Last reviewed in July 2022.

Next review July 2025.

1. Introduction

Click here to view Injuries to Young Children Flowchart (click on the image to enlarge it)

This is a six stage diagram about the summary of what to do when there are injuries to young children.

Physical injuries in young children may be life threatening and / or cause permanent neurological damage. Research and child safeguarding practice reviews (formally serious case reviews) highlight that children under one year old are especially vulnerable.

Please refer to Evidence & reviews – RCPCH Child Protection Portal for key learning on a range of physical abuse injuries.

Any suspicious (unexplained) injury in a pre or non-mobile and/or pre or non-verbal child must be regarded with extreme concern including:

  • minor injuries with an inconsistent explanation;
  • bruising, especially on the face, ears, eyes (including subconjunctival haemorrhages- A subconjunctival haemorrhage occurs when a tiny blood vessel breaks just underneath the clear surface of your eye (conjunctiva). A subconjunctival haemorrhage appears as a bright red or dark red dot or mark/patch on the white of the eye. There are a number of possible causes of SCHs that need to be considered, including non-accidental causes);
  • head, neck and genitalia;
  • any fractures;
  • any major injury.

Any injury and its explanation must be assessed in relation to the infant’s / child’s developmental abilities and the likelihood of the occurrence. The designation of the term ‘unexplained’ should not influence staff into making assumptions that the injury is either accidental or non-accidental. All efforts must be made to establish an explanation for the injury which in turn may assist in determining whether or not the injury is accidental or non-accidental, and if a crime has been committed. Children with physical disabilities require a robust assessment for injuries, considering that these children are at increased risk of all forms of abuse. The child’s gross motor skills need to be ascertained, and the injuries considered in terms of what movement / mobility they have and the following factors: specialist equipment, medications, self-injurious behaviours etc. Attempts should be made to seek the child’s voice – this may involve help from their professional carers, assisted technology etc. Older children who are non-mobile need to be considered in the same way as non-mobile infants but taking into consideration the above factors. Long-term teams working with these children must follow the Pan-Sussex procedures and convene a strategy discussion (see Strategy Discussions chapter) and seek attendance and opinion of a paediatrician to consider the need for a NAI medical assessment with a paediatrician.

Young children and infants are highly vulnerable and may have a serious injury without obvious physical signs e.g. shaking and/or impact injuries may result in internal head and other injuries. Nevertheless significant internal injuries may be caused and result in:

  • lethargy, poor feeding, apnoea or irregular breathing;
  • vomiting;
  • fits;
  • variable levels of consciousness (irritability & drowsiness);
  • intra-cranial bleeding and retinal haemorrhages- (a retinal hemorrhage is bleeding from the blood vessels in the retina at the back of the eye);
  • skull and rib fractures;

2. Serious Unexplained Injury Strategy Discussion

If at the outset or before the conclusion of initial S47 Enquiries the mechanism for an injury to an infant or young child remains unknown, a serious unexplained injury strategy discussion should be convened. This Strategy Discussion should be undertaken as outlined in the Strategy Discussions chapter but must include additional considerations and the attendance of key staff.

To review the current investigation and enquiries made to date:

  • ensure all medical investigations have been undertaken (refer to local / internal and national AHT protocols/guidance);
  • identify additional enquiries that will assist in determining the mechanism of any unexplained injury, who will undertake these enquiries and time scale for completion;
  • identify any specialist advice that may assist in determining the mechanism of any unexplained injury;
  • to consider all possible hypotheses and differential diagnoses relating to any injury and for each either determine the extent to which they might explain the injury or exclude them where possible;
  • in light of the information gathered at the time, consider whether the threshold for legal intervention has been reached;
  • identify and clearly formulate an interim safety plan for the child. (e.g. remain in hospital, EPO etc);

2.1 Participants

Guidance as to who should attend strategy discussions is detailed in the Strategy Discussions chapter. In order for the serious unexplained injury Strategy Discussion to be effective the following personnel must be in attendance:

  • Children’s Social Care Service Manager (Chair);
  • Social Work Manager;
  • Investigating Social Worker;
  • Safeguarding Investigations Unit Investigating Officer;
  • Safeguarding Investigations Unit Detective Sergeant;
  • Paediatrician who undertook Paediatric Assessment;
  • Named Doctor;
  • Named Nurse;
  • Local Authority Solicitor;
  • Other specialists who have been involved in the assessment of the injury;
  • Other relevant professionals, health professionals and specialists may be required
  • Note taker to attend and take full minutes in addition to completion of Record of Strategy Discussion form.

3. Conclusion

It may be necessary to hold more than one serious unexplained injury Strategy Discussion to finalise enquiries into an unexplained injury to an infant or young child.

Where the S47 investigation is unable to determine how an injury was caused, the minutes of the final serious unexplained injury Strategy Discussion must record how each hypotheses / differential diagnosis was investigated and finalised or excluded. Participants to the final serious unexplained injury Strategy Discussion must all agree that all opportunities to determine the causation of an injury have been examined, and at the time of the serious unexplained injury Strategy Discussion there are no outstanding enquiries that can be undertaken.

Such cases may require a fact finding.

Should there be any professional disagreement during the course of the above procedure, see the Resolving Professional Differences in the Child Protection Process chapter.

4. Guidance

Pan Sussex Bruising injuries in Children who are Not Independently Mobile (NIM) Guidance (opens in pdf)

Body Maps (opens in pdf)

Leaflet for parents – My non-independently mobile child has a bruise, unexplained skin mark or possible eye injury – what next?

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1. Definitions

Substance misuse may include experimental, recreational, poly-drug, chaotic and dependent use of alcohol and / or drugs. This can include the illicit or misuse of prescribed medication.

Parental misuse of drugs (illicit or prescribed) or alcohol becomes relevant to child protection when misuse of substances impacts on the care provided to child/ren.

2. Recognition

Misuse of drugs (illicit or prescribed) and / or alcohol is strongly associated with significant harm to children, especially when combined with other features such as domestic abuse and parental mental illness.

The risk to child/ren may arise from:

  • substance misuse (of illicit or misuse of prescribed medication) affecting their parent/s’ practical caring skills: perceptions, attention to basic physical needs and supervision which may place the child in danger (e.g. getting out of the home unsupervised);
  • substance misuse (of illicit or misuse of prescribed medication) may also affect control of emotion, judgement and quality of attachment to, or separation from, the child;
  • parents experiencing mental states or behaviour that put children at risk of injury, psychological distress (e.g. absence of consistent emotional and physical availability), inappropriate sexual and / or aggressive behaviour, or neglect (e.g. no stability and routine, lack of medical treatment or irregular school attendance);
  • children are particularly vulnerable when parents are withdrawing from drugs;
  • the risk is also greater where there is evidence of mental ill health, domestic abuse and when both parents are misusing substances;
  • there being reduced money available to the household to meet basic needs (for example, inadequate food, heat and clothing, problems with paying rent [that may lead to household instability and mobility of the family from one temporary home to another]);
  • exposing children to unsuitable friends, customers or dealers;
  • normalising substance use and offending behaviour, including children being introduced to using substances themselves;
  • unsafe storage of injecting equipment, drugs and alcohol (e.g. methadone stored in a fridge or in an infant feeding bottle). Where a child has been exposed to contaminated needles and syringes;
  • children having caring responsibilities inappropriate to their years placed upon them (see Safeguarding Young Carers chapter);
  • parents becoming involved in criminal activities, and children at possible risk of separation (for example, parents receiving custodial sentences);
  • children experiencing loss and bereavement associated with parental ill health and death, parents attending inpatient hospital treatment and rehab programmes;
  • children being socially isolated (e.g. impact on friendships), and at risk of increased social exclusion (for example, living in a drug using community);
  • children may be in danger if they are a passenger in a car whilst a drug / alcohol misusing carer is driving.

Children whose parent/s are misusing substances (of illicit or misuse of prescribed medication) may suffer impaired growth and development or problems in terms of behaviour and / or mental/physical health, including alcohol / substance misuse and self-harming behaviour.

Any professionals, carers, volunteers, families and friends who are in contact with a child in a drug / alcohol-misusing environment must ask themselves “What is it like for a child in this environment?”.

3. Importance of working in partnership

Working in partnership across agencies and services is vital for an effective assessment of risk and to ensure the safety of child/ren.

Professional staff in drug and alcohol services must exchange information with child care social workers, health visitors, school nurses and midwives to be able to assess risks for the unborn baby and child (see Information Sharing and Confidentiality section).

Care programme meetings regarding drug or alcohol abusing parents must include consideration of any needs or risk factors for the children concerned. Children’s Social Care must be given the opportunity and should contribute to such discussions.

Strategy Discussions and Child Protection Conferences must include workers from any drug and alcohol service involved with the family in question.

4. Maternal Substance Misuse and Drug Exposure in Pregnancy

Maternal substance misuse and drug exposure in pregnancy can have serious effects on the health and development of the child before and after birth. Many factors affect pregnancy outcomes, including poverty, poor housing, poor maternal health and nutrition, domestic abuse and mental health. Assessing the impact of parental substance misuse must take account of such factors. Pregnant women (and their partners) must be encouraged to seek early antenatal care and treatment to minimise the risks to themselves and their unborn child.

Where any agency encounters a substance user who is pregnant and whose degree of substance misuse indicates that their parenting capacity is likely to be seriously impaired, they must make a referral to Children’s social care – see Making a Referral chapter.

5. Newborn Babies and Children

Children born after substance misuse or prenatal drug exposure may be recognisable by or show one or more of the following symptoms;

  • brain damage;
  • balance problems;
  • behavioural problems;
  • cognitive delays;
  • congenital syndromes;
  • difficulty sleeping;
  • feeding problems;
  • Foetal Alcohol Spectrum Disorder (see Section 6);
  • irritability;
  • language delays;
  • learning disabilities;
  • low birth weight;
  • premature birth

Newborn babies may experience withdrawal symptoms (e.g. high pitched crying and difficulties feeding), which may interfere with the parent / child bonding process. Babies may also experience a lack of basic health care, poor stimulation and be at risk of accidental injury.

Where a newly born child is found to need treatment to withdraw from substances at birth, an assessment and a pre-discharge discussion should take place and consideration should be given to making a referral to Children’s social care in line with the Making a Referral chapter before the child is discharged home.

6. Foetal Alcohol Spectrum Disorder (FASDs)

Foetal alcohol spectrum disorders (FASDs) are a group of conditions that can occur in a person whose mother drank alcohol during pregnancy. These effects can include physical problems and problems with behaviour and learning. Often, a person with an FASD has a mix of these problems.

FASDs refer to a collection of diagnoses that represent the range of neuro-developmental effects that can happen to a person whose mother drank alcohol during pregnancy. These conditions can affect each person in different ways,  and can range from foetal alcohol syndrome to mild to severe foetal alcohol spectrum difficulties.

A person with an FASD might have:

  • poor coordination;
  • hyperactive behaviour;
  • difficulty with attention;
  • poor memory;
  • executive functioning difficulties;
  • difficulty in school (especially with maths);
  • learning disabilities Speech and language delays;
  • intellectual disability or low IQ;
  • poor reasoning and judgment skills;
  • Sleep and sucking problems as a baby;
  • Vision or hearing problems.

6.1 Physical effects

Distinctive facial features, including small eyes, an exceptionally thin upper lip, a short, upturned nose, and a smooth skin surface between the nose and upper lip (the philtrum). Deformities of joints, limbs and fingers.

Not all children with with FSADs will have typical physical presentation. Some may have all the listed physical presentations, and some may have some or none of these.

7. Protection and Action to be Taken

Where there are concerns by practitioners involved with a family about a child living in the environment of substance misuse an assessment of the parent’s capacity to meet the child’s needs should take place to establish the impact on the child of the parent’s lifestyle and capacity to place the child’s needs before those of their own. A referral to Children’s social care should be made- Making a Referral chapter.

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Last reviewed in July 2024.

Date of next review July 2027.

RELATED GUIDANCE

1. Definition

When considering the safeguarding of children, mental health or mental illness of any parent or carer should be considered on a continuum. This continuum may range from someone experiencing anxiety or depression to an affective (mood) disorders or psychotic illness for example. Mental illness in a parent or care giver is not a predictor of harm in and of itself to others, including any child or children. Any mental illness should be thought about in the context of any impact the illness may have on the care provided to the unborn, child / children. Mental health support may be provided through a range of services which may include primary health, psychological support services, charitable organisations such as Mind and secondary care and specialist services.

The procedure should be applied where there are concerns about the well-being or safety of children whose parents or carers have mental health needs, and consider how these difficulties are impacting, or are likely to impact, on their ability to meet the needs of their children. This guidance also applies to those who are pregnant who have mental health problems developed during pregnancy, previous to pregnancy or where their partners have mental health problems.

2. Recognition

The Triannual report of Serious Case Reviews (2017-2019) reported that 55% of reviews involved parents with mental health problems. In these cases the mental health of the parent had a significant impact on their parenting capacity, resulting in the death or serious injury of the children. The majority of parents who suffer mental illness are able to care for and safeguard their child/ren and / or unborn child. However, some children of parents with mental illness may be seen as children with additional need who require support.

There is a risk to children where a parent has an enduring and / or severe mental illness, that they may be more likely to suffer significant harm. This could be in relation to all categories of abuse.

Where a child has suffered or is at risk of suffering significant harm as the result of act or omission on the part of the parent/ carer, in relation to their mental illness then the welfare of the child must be paramount.

Where professionals believe that this may be the case a referral must be made to Children’s Social Care using the Making a Referral chapter.

When a parent is under the age of 18 they may also need a referral to children’s services for support in their own right

When social workers or other partner agencies believe that there is parental mental illness that has not been previously recognised consultation with the GP should be considered for referral for ongoing mental health support.

It should be noted that the procedures relating to parental capacity and mental health difficulties should be read and implemented in conjunction with the guiding policy, principles and values as set out  in Underlying Policy, Principles and Values chapter.

It may be necessary to seek consultation with specialist mental health practitioners in some circumstances regarding parents experiencing mental health difficulties. This is in order to gain an understanding of the nature, degree and context of their behaviours and potential impact on parenting capacity for example:

  • parental OCD where thoughts to harm a child are being verbalised –guidance should be sought about the presentation and likelihood of harm in line with national guidance and safety plans initiated;
  • if a child is involved in their parent’s obsessional compulsive behaviours;
  • parents / carers diagnosed with disordered eating.

3. Response and the Importance of Working in Partnership

Adult and child mental health professionals, childcare social workers, health visitors and midwives, school nurses, education services, GPs and other relevant services must share information in order to be able to assess risks – see Information Sharing and Confidentiality chapter.

All children have a right to be protected from abuse and neglect. Protecting a child from such harm takes priority over protecting their privacy, or the privacy rights of the person/s failing to protect them: Information Sharing Advice for Practitioners Providing Safeguarding Services for Children, Young People, Parents and Carers (Department for Education).

Where appropriate, children should be given an opportunity to contribute to assessments as they often have good insight into the patterns and manifestations of their parent’s mental ill-health.

Any care planning meetings and discussions about parents who have mental health difficulties must include consideration of any needs or risk factors for the children concerned. Children’s Social Care along with other relevant agencies should be involved in planning discharge arrangements. Changes to risk assessments should be communicated to the multi agency involved partners in line with the information sharing guidance. Practitioners should always consider that a change for one member of the family might have impact on another member, including children therefore a whole family approach is essential.

It is also important for Children’s Social Care to share any relevant information regarding child protection processes with adult mental health practitioners.  This may have a direct impact on a parent’s mental state and form a vital part of risk assessment processes.

Where a parent / carer, of a child is deemed to be a danger to self or others by agency professionals, a referral must be made to  Children’s Social Care, who should be invited to any relevant planning meetings. The management of self harm and risk to self should always consider the impact and potential risk to children.

Mental health professionals should be invited and attend meetings regarding the potential impact of parental mental health concerns on the child. They will also be expected to provide information of their engagement and interventions with families. Meetings will include:

  • multi-agency meetings;
  • Strategy Discussions*;
  • Initial and Review Child Protection Conferences *;
  • Core Group meetings.

* Strategy Discussions and Child Protection Conferences must include any psychiatrist, community psychiatric nurse, psychologist and adult mental health social worker involved with the parent / carer.

If a parent or carer has been receiving inpatient services, in whatever setting, consideration must be given to discharge arrangements to ensure provision for the children is appropriate, and their welfare and safety has been properly assessed. A formal meeting with Children’s Social Care should be held where they are already involved or if concerns are identified. If a parent or carer discharges themselves out of hours, a referral to the Emergency Duty Team should be made to ensure the children’s welfare is protected.

Children’s Social Care may be requested to assess whether it is in the best interests of a child to visit a parent or family member in a psychiatric hospital (see Visits by a Child to High Secure Hospitals and Prisons chapter). Mental health hospitals and inpatient settings should have written policies drawn up in consultation with Children’s Social Care regarding visiting of patients by children. Visits should only take place following a decision (regularly reviewed) that such a visit would be in the child’s best interests.

Resolution of professional difference or need for escalation should be undertaken in line with the Resolving Professional Differences chapter and Escalation Policy.

4. Possible impacts of Parental Mental Health Difficulties on Parenting Capacity and Outcomes for Children

Parents with mental health difficulties may be more at risk of neglecting their own wellbeing at times. The impact of this on their children’s physical, emotional and social needs must be considered. Their children may have caring responsibilities (see also Safeguarding Young Carers chapter), which are inappropriate to their age and may have an adverse effect on their development. Some forms of mental ill health may cause parents to be less emotionally available or responsive to their children when they are in a period of ill health. In periods of illness parents may behave in bizarre or violent ways towards their children or environment placing children at potential risk.

The stigma associated with mental ill health can impair parenting capacity and children may be reluctant to talk about family problems or seek support. It is also notable that mental health difficulties can be associated with other vulnerabilities such as historic adverse childhood experience, poverty and health inequalities.

At the extreme, a child may be at risk of severe injury, profound neglect or even death.

A significant history of violence is a risk indicator for children, as is parental non- compliance with services and treatment.

The following factors indicate a child who may be at higher risk of suffering significant harm:

  • an unborn child or baby of parents with severe and enduring mental health problems;
  • a child where there is evidenced impact on their growth, development, behaviour and/or mental health as a result of parental mental illness;
  • a past history of social care involvement;
  • a child who features within parental delusions;
  • a child who is involved in their parent’s obsessional compulsive behaviours;
  • a child who becomes a target for parental aggression or rejection;
  • a child who may witness disturbing behaviour arising from the mental illness (e.g. self-harm, suicide, uninhibited behaviour, violence, homicide);
  • a child who is neglected physically and / or emotionally by an unwell parent;
  • a child where the parent has both mental health and substance misuse problems;
  • a child who does not live with the unwell parent, but has contact (e.g. formal unsupervised contact sessions or the parent sees the child in visits to the home or on overnight stays);
  • a child who has caring responsibilities inappropriate to their age, see Safeguarding Young Carers chapter.

Adult mental health services should have named nurses / doctors / professionals for safeguarding children within their agency where practitioners can seek advice, if necessary.

The following set of questions are designed to guide decision making about how best to meet the needs of children and adults in families experiencing mental health problems:

  • Are they receiving services for the mental health condition? This may be from primary, secondary, independent or third sector providers;
  • Do they have children or live in a household with children? If so, record details including full names, dates of birth, ethnicity and schools/nurseries. Include children they are not living with but retain caring responsibility;
  • Do any of the children have caring responsibilities for their parent or younger siblings? Do you need to consider a referral for 8.48 Young Carers support?
  • Have the parents and, where appropriate, the children been involved in any assessment and their views sought?
  • Have you considered the impact of their mental health on their ability to meet the needs of their children? This will be determined by several factors: nature, severity and duration of the illness. Child involvement in, and exposure to, parental symptoms. Changes in family structure or functioning or the effects of parental treatment;
  • Is there a previous history of concerns in respect of parenting ability or the welfare of the children? This may or may not be related to mental ill health;
  • Is the mother pregnant? If so, has she accessed antenatal care? Are we aware of the father and is he engaged with antenatal services?
  • Have you discussed the need for any additional services, or made a referral to another service, with them?
  • Have they expressed views about harming themselves and/or the children?
  • Does anyone in the household adult or child have a disability or additional needs. Do they require assessment of these needs?

5. Resources

Our Time Website for children of parents with mental illness – includes resources for children, parents and professionals.

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Last review July 2024.

Next review July 2026.

1. Definition

Those with a learning disability are not described as a homogenous group. For the purposes of these child protection procedures, the term learning disabled parent is used.

A learning disability includes the presence of:

  • a significantly reduced ability to understand new or complex information, to learn new skills (impaired intelligence) with;
  • a reduced ability to cope independently (impaired social functioning);
  • which started before adulthood, with a lasting effect on development.
  • learning disability does not include all those who have a ‘learning difficulty’ which is more broadly defined in education legislation.

If there is concern about a parents / carers ability to look after their child due to any impairment or dysfunction of the brain,  in the first instance an assessment of their parenting needs and abilities should be undertaken by Children’s Services. This assessment must take account of the equality duty of the Equalities Act 2010.

2. Recognition

The following can provide evidence of learning disability:

  • inclusion on the GP learning disability register.
  • educational records including the attendance at a special school.
  • specific syndromes and chromosomal disorders that are associated with having a learning disability.
  • known to local authority teams who support people with a learning disability.

3. Response

Where a parent or carer with a learning disability appears not to be able to meet their child’s needs, a referral should be made to Children’s Social Care under the Making a Referral chapter.

Children’s Social Care has a responsibility to assess need and where justified, offer supportive or protective services.

The response is the same as for any other child, namely to consider the extent of vulnerability of the child/ren. Part of the assessment should address the needs of the parent / carer to enable them to parent effectively and resources to achieve this should be provided in a format that is understood. The assessment process should be adequately reasonably adjusted, and professionals should seek support from specialist learning disability teams. Specialist cognitive / functional / other assessments may well be needed to inform and assess a parent’s ability to parent. The paramount consideration will be the welfare of the child/ren.

If during an assessment of a person’s parenting abilities/needs, there is cause for concern about their mental capacity to make a specific decision (s)  (care /treatment) which is/are  relevant to their parenting role, Practitioners must refer to the Mental Capacity Act 2005 and accompanying Code of Practice.

The Assessment Framework remains the primary tool for assessing the vulnerability of children who have learning disabled parents or carers.

Additional support to child protection professionals in the way of consultation and/or supervision should be sought from specialist adult services both within Adult  Social Care and Specialist NHS Trusts particularly in cases where there are multiple agencies and professionals.

Consideration should be given to both child and parent or carer advocacy. The child may be deemed a young carer – see also Safeguarding Young Carers chapter.

Assessments of families of a person with a learning disability who is a parent or carer need to integrate specialist assessment functions provided by Adult Services. Where in one or both parents or carers have a learning disability, the paramount consideration of all the agencies will be the welfare and protection of the child/ren with each service providing assessment and support directed at the family members identified as the primary focus of that service’s provision. Assessment planning, implementation and evaluation, and the provision of services to the family, when and where necessary, will be undertaken with regard to the principles outlined in Working Together to Safeguard Children (DfE) (see Underlying Policy, Principles and Values chapter).

When a child is deemed to have suffered or is likely to suffer Significant Harm, or there are detrimental effects on the health or development of a child, a referral must be made to the Children’s Social Care – see the Making a Referral chapter. A decision will be made if a Child and Family Assessment is undertaken, a Strategy Discussion held and / or immediate action required.

The Strategy Discussion will then decide whether the threshold has been met for:

  • Section 47 Enquiries as part of a Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment), leading to a possible Initial Child Protection Conference; or
  • a Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) to be discussed at a Section 17 Child in Need meeting; or
  • services provided for a vulnerable child as part of the Early Help Plan.
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This policy was last reviewed in February 2023.

Next review February 2026.

1. Introduction

The sharing of information between all MAPPA agencies is essential for effective public protection and for effective risk assessment but must comply with national guidance on information sharing. It must be based on the following principles:

  • have lawful authority;
  • be necessary;
  • be proportionate;
  • be done in ways which ensure the safety and security of the information shared;
  • be accountable.

Kent Surrey and Sussex Probation Service (KSSPS) facilitates specific accredited programmes for perpetrators of sexual abuse. The programmes are known as the Horizon and iHorizon; Kaizen and Health Sex Programmes Offenders are required to attend these programmes as conditions of their licence following a period of imprisonment or as part of a community order imposed by the courts. KSSPS undertake reviews of cases where sex offenders have re-offended using the Serious Further Offence Home Office guidance.  A specific protocol has been developed in response to the learning outcomes/recommendations of those reviews.

Written information submitted to the initial / review child protection conference by KSSPS staff should include:

  • the nature and pattern of previous sexual offending (convicted or cautioned);
  • compliance / attitude / behaviour / thinking / progress on previous or current group;
  • current assessment of risk of harm and to whom;
  • factors likely to increase / reduce risk of harm;
  • any behaviour indicating likelihood that offender will re-offend;
  • any other relevant information (for example, other expert opinion for example psychiatric, psychologist with permission of author).

2. Disclosure of Information

The general presumption is that information should not normally be disclosed beyond the professional system except if one of the following applies:

  • consent from the offender / suspected offender / alleged offender;
  • statutory requirements or other duty;
  • duty to the public.

The principles underpinning disclosure to third parties are the same as the principles for information sharing, however because of the sensitivities of disclosing information outside of the system great caution should be exercised and it should be seen as an exceptional measure. Consideration of third party disclosure should always be included as part of the offenders Risk Management Plan if an offender is subject to the MAPPA process.

If disclosure is made under the Child Protection and Safeguarding Procedures concerning an adult subject to the MAPPA process, the disclosure must be copied to the KSSPS MAPPA team and must also be agreed at a senior level within Safeguarding Investigations Units and recorded on file.

If there is dispute between agencies on the need for disclosure this should be referred to the appropriate senior manager such as Caldicott Guardian for children’s services, the appropriate Designated Nurse / Doctor, Probation Delivery Unit Head in the relevant division and the relevant Detective Superintendent for the Police in consultation with the Force disclosure officer.

Legal advice should be sought where doubt exists as to the lawfulness of disclosure.

Specific consideration should be given to the need to disclose information to colleagues from the health and education teams within children’s services since they may also be able to add to the overall assessment of risk.

The absence of a conviction for child abuse in a criminal court does not prevent a local authority from informing parents or carers of the potential risk posed by someone who is honestly believed on reasonable grounds to have abused children.

In other cases children’s social care may need to consider the risk also of those alleged abusers who:

  • have been charged with an offence and the outcome of the case is pending;
  • were not prosecuted because the required standard of proof did not allow for a criminal case to be pursued;
  • were not prosecuted but the case ‘left on file’;
  • were acquitted.

Assessment of risk to children and the need to disclose must form part of the Child Protection Conference discussions and should also be considered in MAPPA meetings and should take into account:

  • the nature and pattern of previous offending;
  • compliance with previous sentences or court orders;
  • proximity of potential victims and capacity to protect of their adult carers;
  • probability that a further offence will be committed;
  • the harm that such behaviour will cause;
  • any behaviour indicating likelihood that they will re-offend;
  • any expert opinion, for example psychiatric or risk assessments;
  • any other information, for example specific vulnerability of child/ren.

Where the risk assessment for disclosure of information relates to a convicted offender who is subject of MAPPA, then any decision to disclose must be authorised by the police or probation through the MAPPA process.  A MAPPA disclosure form must be completed and submitted to the MAPPA team – [email protected].

The risk assessment must also consider the following risks:

  • displacing or increasing the offending;
  • the offender may go ‘underground’;
  • potential consequences to the offender and their family;
  • potential consequences in the context of law and order;
  • any other operational considerations.

Where possible, the alleged / suspected offender should be consulted to provide information to assist the risk assessment.

The suspected / alleged offender should be given the opportunity to challenge the information on which the decision to disclose is being made, and the response considered as part of the risk assessment.

The senior child protection manager and legal department must be consulted regarding the possibility of disclosure and the decision taken by the service manager, in consultation with police and probation at a Strategy Discussion.

If the police do not support any planned disclosure based on the potential risk to an identified child, further legal advice must be taken.

3. Disclosure Process

Each decision to disclose must be justified on the likelihood of harm which non-disclosure might otherwise cause and the pressing need for such a disclosure.

Consideration must be given to other, less intrusive methods that might achieve any required objectives:

  • if the offender is supervised by probation, the use of their powers may assist or obviate the need for disclosure;
  • consent to disclosure should be sought from the offender/ alleged or suspected offender (unless this increases the risk to any child);
  • consideration should be given to allowing the offender/ alleged or suspected offender to make the disclosure themselves, which may be sufficient to achieve the objective, for example promise to move to less provocative surroundings (unless this increases the risk to any child).

Where a decision to disclose is agreed, the risk management process must consider at a Strategy Discussion:

  • the nature of the information to be disclosed;
  • the extent of its distribution;
  • the time scales;
  • who will disclose the information and how;
  • advice and guidance to be given to the recipients regarding the use they are to make of the information;
  • identification of a contact person identified to provide further advice and guidance to the recipient.

Following disclosure, the social worker, police or probation officer must note:

  • how seriously the child / carer took the information;
  • the carer’s ability and plans to protect the child;
  • the carer’s immediate plans for protection.
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Policy last reviewed in September 2022.

Next review September 2025.

1. Introduction

This section provides procedures in relation to the response required to individuals who are known or suspected to have caused significant harm to children (a person under the age of 18).

A ‘Person Posing a Risk to Children’ includes people who are under 18 but excludes younger children displaying non-exploitative sexual exploration. Where this is undetermined or unclear these procedures should be followed. When this procedure is used in relation to a person under 18 posing a risk, the Children who Harm other Children chapter should be considered.

Offending history is an important factor in such assessments, but it is not the only one.

Practitioners need always to exercise professional judgement and remember that there are also other types of offences where a child may be the intended victim but where the primary offence is not a child specific offence e.g. telecommunications offences, harassment etc.

2. Recognition

Indicators of people who may pose a risk to children include:

  • those found guilty of an offence under schedule 1 of the Children and Young Persons Act 1933;
  • individuals known to have been cautioned / warned / reprimanded in relation to an offence against children;
  • individuals against whom there is a previous finding in civil proceedings for example, Sexual Harm Prevention Orders or care proceedings;
  • those about whom there has been a previous S 47 enquiry which came to the conclusion that there had been abuse;
  • an individual who has admitted past abuse of a child;
  • others whose past or present behaviour gives rise to a reason to suspect that a child may be at risk of significant harm for example, a history of domestic violence and other serious assaults;
  • reports of low level allegations or those with inconclusive findings;
  • offenders against adults who are notified to the local authority, because the prison or probation services are concerned about the possible risk to children;
  • offenders who come to the attention of the MAPPA;
  • for risk factors see Recognition of Abuse for Referral to Children’s Social Care, Children who Harm other Children and Children who present with Harmful Sexual Behaviours chapters.

2.1 Response

On notification or discovery of a person identified as presenting a risk, or potential risk, to children, children’s social care must treat this information as a child protection referral.

A S 47 enquiry must be instigated if the offender / person who poses a threat, is living in a household with children, has contact with children or poses a risk to children in the area.

Checks (including with the prison service that may hold important information) must be undertaken to establish:

  • any children believed to have been abused by the individual in the past;
  • other children who are believed to have been in contact with the individual in the past and may therefore have been at risk;
  • children with whom the individual is currently in contact in a family or work / voluntary setting;
  • children (or groups of children) with whom the individual may seek contact, such as children attending a school located near the home of an offender known to target such children;
  • for young people where there are concerns they are harming other children see Response to Referrals, Children who Harm Other Children chapter.

All assessments of risk must consider the:

  • needs of the children affected;
  • level and pattern of abusing or offending behaviour, including behaviour thought to have occurred, but which has not led to a criminal conviction;
  • level of protection which is likely to be provided by other significant adults;
  • ability of the young people to protect themselves.

A child protection conference must be convened if the threshold criteria are met and if any child(ren) require continuing protection, therapeutic intervention or family support services.

2.2 Risk assessment

Prior to any decision by children’s social care to disclose information, a risk assessment must be undertaken, in order to establish what risks the alleged offender or suspected offender poses to children in the prevailing circumstances and the risks associated with disclosure. The welfare and safety of children is the paramount consideration.

The generic term ‘adult or young person identified as posing a risk’ is used but clearly an assessment of risk must be based both on the actual offences committed and on other soft information that may be available.

The actual offence(s) for a convicted offender may not place the person in a high risk category in terms of likelihood of future offending or degree of risk posed to children. Staff must be alert to the potential for future risk and to the fact that an offending history gives only partial information and is based on what an adult has been successfully prosecuted for rather than on the full extent of past activity.

Adults or young people who pose a risk may have contact with children both within and external to the family systems where they live. Seeking information on the level of contact with children generally must be an overt part of working with such an adult or young people and written agreements must be put in place on the level and type of contact allowed. All professionals working with the family must be aware that such an agreement exists and its content.  Any evidence that suggests a breach of this agreement must be taken seriously and seen as information about a potential increase in risk. This information will come from both the adult or young people him/herself, from partners and from the network. As far as possible information that is given must be checked with independent sources and the need to do this must be made explicit to the adult or young people who poses a risk and to his/her partner or other relevant family member. In order to gain information about levels of risk posed, sufficient information must be shared with partners or family members and with the network so that informed assessments of risk can be reached by other adults in the network.

A number of known and suspected offenders will be subject to assessment already, with the possibility of treatment follow up. This is an early opportunity to identify the network and seek interagency agreement as to who might need to be informed of the potential risk and how this might be done.

Some adults or young people who pose a risk may deliberately target women with children or seek to have their own biological children as a means of gaining access to a wider circle of children. Some women e.g. those with a learning difficulty may be particularly vulnerable. Thus as part of child protection plans drawn up to protect children who live in the household of such an adult or young person, active consideration must be given to other children who come into contact via friendship, baby sitting etc.  This must include friendships etc with the partner or family membe

The role of the partner in protecting both children in the household and that wider group of children who have contact is crucial and must form part of the risk assessment of the couple. This expectation of the partner acting as a protective adult must be explicitly acknowledged by all parties and by the partner him/herself. Staff should remember that this does not offer a complete guarantee that a partner will act in a protective way as the adult who poses a risk is likely to exert a powerful influence on their partner’s reasoning and judgement in relation to what is perceived as risky.

Assessment of risk must be a dynamic process that is ongoing. For example do children in the household or the system become more vulnerable as they get older? Are boys or girls more likely to be targeted?  Thus possible changes and developments in networks must form part of ongoing monitoring and work with the adult. The explicit question ‘which children are coming into contact with this person and on what basis?’ must be checked regularly.

Some children may be subject to Child Protection Plans because of contact with an adult or young person who may pose a risk. Monitoring visits must be regular and purposeful, maintaining an overt focus on the possibility of risk. Managers must be alert to the fact that workers may not be able to hold this need for ongoing vigilance in mind and be able to act as a further checking mechanism by raising the issue in supervision and by ensuring via auditing that attention is being paid to the possibility of the adult or young person gaining increasing access to children.

If workers are unsure about what to share and who to share it with they must discuss this with their line manager who should in turn seek appropriate advice from someone with sufficient expertise.

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This policy is was last reviewed in November 2023.

Next review November 2026.

These procedures should be considered alongside the Children who Harm Other Children chapter.

It is essential to distinguish between young people under the age of 18 who are designated as offenders:

  • those who pose a significant risk to children,
  • and those who do not, e.g. where the circumstances of the offence do not indicate ongoing child protection concerns, such as unlawful consensual sexual intercourse between children of a similar age.

Police must notify the Integrated Front Door/Front Door for Families / SPOA at the point of arrest for any offence against a child/ren. Children’s services must assess if there is an immediate risk to any child/ren in the household or community.

A Strategy Discussion will be convened by the Children’s Services. The Social Work Manager chairing the Strategy Discussion must decide whether there is any immediate action necessary to protect the children. Where appropriate, the Youth Offending Team (YOT) will be invited to the Strategy Discussion. The Social Work Manager must consider whether a child protection enquiry or Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) should be commenced.

The Police and YOT must notify Children’s Services when a young person is convicted or cautioned for an offence against a child/ren.

The YOT worker must also:

  • inform the young person and their family of the implications of this offence;
  • share any completed assessment (including AIM3) with the relevant Social Work Manager, outlining the context of the offence, available evidence, age differential between the young people, triggers to the offending, substance misuse and mental health issues;
  • attend any multi-agency reviews and contribute to the decision-making regarding child protection procedures.

If the Social Work Manager concludes that further assessment is not required, they must make a recommendation to the Service Manager indicating that the procedures need not be applied and the young person should not be treated by Children’s Services as a person identified as presenting a risk, or potential risk, to a child. If authorised, the decision must be recorded on both Children Services and YOT file.

Where there are convictions for sexual offences, there may be a requirement for registration on the sex offenders’ register. In these circumstances, the YOT report and any Children’s Services assessment and recommendations will be considered within the MAPPA process – see MAPPA Procedure.

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Last reviewed February 2023.

Next review February 2025.

When a prisoner convicted of offences against a child is being considered for parole or is to be released from custody on a temporary basis, a practitioner from HMPPS must, in writing inform the Director of Children’s Services of the area where the prisoner is expected to reside on release, with a copy sent to the Head of the relevant Probation Local Delivery Unit (PDU).

Which HMPPS practitioner undertakes these tasks depends at what point in the sentence the case is held.  For prisoners 10 months or less from release or who are in the parole window the lead practitioner will be the Community Probation Practitioner. In other circumstances, the case will normally be held by the Prison Probation Practitioner.

The Community Probation Practitioner (CPP) and the Prison Probation Practitioner must work collaboratively to ensure all safeguarding checks are completed effectively.

To support the RoTL assessment process, the Community Probation Practitioner (also known as Community offender Manager) will provide information to the Prison Probation Practitioner (also known as Prison Offender Manager) about any safeguarding issues.

The PPP is responsible for making a referral to the relevant safeguarding agency, but the CPP must support the PPP with the referral process by providing information regarding referral pathways e.g. the contact details for the relevant agency/department for any safeguarding issues.

The CPP must also alert the PPP to any safeguarding issues from a home circumstances check, so that appropriate action can be taken. It is essential that the CPP liaises with the PPP to ensure that any actions required are clear and all information is shared with relevant agencies/stakeholders. However, a CPP should report concerns to the Local Authority immediately if a child or vulnerable adult is suffering significant harm or is likely to do so.

Where the PPP is the Responsible Offender Manager, a CPP is required to:

  • Complete address checks and complete relevant sections of ROTL applications and ROTL-POL forms. Any safeguarding concerns that arise from an address check must be shared with the POM along with details of local arrangements for safeguarding referrals.

Where the CPP is the Responsible Offender Manager, a PPP is required to:

  • Lead on safeguarding activity and ensure that all safeguarding checks and referrals have been completed. Liaison should take place with the supporting POM to ensure a fully informed risk assessment is complete

Where the prisoner is being considered for parole, the Community Probation Practitioner preparing the report, with the support as necessary of prison based probation staff must request comments from the Director of Children’s Services on the prisoner’s release with particular reference to the effects which release could have upon any children at the address at which the prisoner is expected to live.

Probation staff must fully assess the home circumstances of the proposed release address to determine the suitability of the address for the purposes of RoTL or longer term release.  All safeguarding risk issues must be assessed and risk management issues identified and adequately addressed.  The assessment process should include interviews with those living at the address, a review of home visit reports, intelligence and information held from police or other agency professionals as well as system data checks, including ViSOR.   If concerns are identified and risk management mitigations cannot be applied effectively, recommendations to the RoTL Board should be clear the accommodation is not appropriate.  For parole cases and in the case of RoTL, alternative accommodation options should be considered, such as an Approved Premises.

Depending on the risk involved, probation staff may conduct a home visit jointly with the police.

The significance of the relevant offence(s) for any child living or likely to visit the address must be established and children’s social care informed.

For any child identified by the Probation Practitioner as either living or likely to visit the address, the social worker must undertake an assessment of potential risk in relation to the release of the prisoner.

The social worker must identify in writing any child protection issues arising from the proposed release of a prisoner to a specified address and indicate any action that children’s social care may need to undertake to protect the child(ren) in the household.

The Probation Practitioner for the local area must share their report with the appropriate children’s social care.

If the prisoner is to be released to an address with a child/ren, a child protection enquiry must be initiated (see Known Offenders and Others who may Pose a Risk to Children chapter).

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Please note this policy is under review following the publication of Working Together to Safeguard Children, 2023.

Last updated September 2022.

Next review September 2025.

See also:

1. Introduction

The Criminal Justice Act 2003 provides for the establishment of Multi-Agency Public Protection Arrangements (MAPPA) in each of the 42 criminal justice areas in England and Wales. These are designed to protect the public, including previous victims of crime, from serious harm by sexual and violent offenders. They require the local criminal justice agencies and other bodies dealing with offenders to work together in partnership in dealing with these offenders.

The Responsible Authority is the primary agency for MAPPA. This is the Police, Prison and Probation Service in each area, working together. The Responsible Authority has a duty to ensure that the risks posed by specified sexual and violent offenders are assessed and managed appropriately.

Other bodies have a duty to co-operate with the Responsible Authority in this task. These ‘duty to co-operate agencies’ (DTC agencies) will need to work with the Responsible Authority on particular aspects of an offender’s life (e.g. education, employment, housing, social care).  DTC agencies include Children Social Care, Adult Social Care, Youth Offending Team, Housing Departments and Mental Health Teams amongst others.

In accordance with the National MAPPA Guidance, each MAPPA is required to:

  • assess and manage all MAPPA offenders;
  • monitor and review the effectiveness of the arrangements and make any necessary or expedient changes;
  • publish an Annual Report detailing the arrangements.

MAPPA works on a clear offender categorisation process:

  • Category 1: Registered Sexual Offenders;
  • Category 2: Violent Offenders who have received a sentence of 12 months imprisonment or more and sex offenders who fall outside the terms of registration. Category 2 also includes offenders who received a “Hospital Order” under Section 37 of the Mental Health Act;
  • Category 3: Other Offenders who have a previous conviction which shows they can cause serious harm AND who the Responsible Authority consider is currently capable of causing serious harm to the public;
  • Category 4: Terrorist or terrorist risk offender.

2. Criteria for Referral into MAPPA

Offenders who are subject to MAPPA will be:

  • offenders who receive one of the relevant sentences defined in schedule 15 of the Criminal Justice Acts 2003;
  • offenders cautioned in respect of an offence under Schedule 3 of the Sexual Offences Act 2003 or an offender found not guilty of such an offence, by reason of insanity or who is found to be under a disability and to have done the act charged;
  • an offender who fulfils the MAPPA criteria for Category 3 Offender and who is referred into MAPPA by one of the partner agencies;
  • existing MAPPA Offenders who are transferring from another area;
  • relevant offenders arriving in England and Wales from overseas where a ‘Notification Order’ has been sought by the Police.

2.1 Criteria for referral out of MAPPA

Offenders will be removed from MAPPA when:

  • offenders from Categories 1 or 2 (see Section 1, Introduction) whose licence has expired or whose period of Sex Offender Registration has come to an end. (Whilst some offenders will still pose a risk of harm at the point at which they would normally leave MAPPA, it is not possible to extend their inclusion within MAPPA, unless they fulfil the MAPPA Category 3 criteria);
  • offenders / patients discharged from Section 37 Mental Health Act;
  • those Category 3 Offenders, who the Responsible Authority no longer consider to pose a risk of serious of harm to the public;
  • offenders transferring to another MAPPA area.

3. Risk Management

There are three levels under which all MAPPA offenders, depending on their current risk levels, are managed. Should an offender’s risk level increase or decrease, then the management level can be amended accordingly.

Level 1: Ordinary Agency Management

Level 1 management is where the risks posed by the offender are manageable by the lead agency without the need for formal multi agency meetings.  This does not mean that other agencies will not be involved, only that once the formal screening process is complete, the lead agency is confident that their Risk Management Plan is sufficiently robust to manage the identified risks through the sharing of information and that there are no barriers to the implementation of agreed multi-agency actions, and therefore it is not considered necessary to refer the case to a Level 2 or 3 MAPPA meeting.

This level can only be used for Category 1 and 2 offenders (RSOs and violent offenders), because by definition, Category 3 offenders pose a serious risk of harm to the public and would therefore require active inter-agency management.

Level 2: Local Inter-Agency Risk Management Meeting

MAPPA Level 2 management and oversight is where:

  • formal multi-agency meetings would add value to the lead agency’s management of the risk of serious harm posed; and where one or more, of the following applies:
    • the offender is assessed as posing a high or very high risk of serious harm;
    • exceptionally, the risk level is lower but the case requires the active involvement and co-ordination of interventions from other agencies to manage the presenting risks of serious harm;
    • the case has been previously managed at Level 3 but no longer requires Level 3 management.

A referral at this level must be based upon information that demonstrates that the offender poses a high to very high risk of serious harm to others and that the delivery of an effective risk management plan requires the active collaboration of a number of agencies.

Cases are reviewed and a risk management plan is agreed at MAPP Level 2 meetings, which are held monthly. There are 5 meetings across Sussex, two in East Sussex, two in West Sussex and one in Brighton and Hove.

Level 3: Multi-Agency Public Protection Panel (MAPPP)

MAPPA Level 3 management is for cases that meet the criteria for Level 2, but where management issues require senior representation from the Responsible Authority and Duty-to-Co-operate agencies.  This may be when there is a perceived need to commit significant resources at short notice or where, although not assessed as high or very high risk of serious harm, there is a high likelihood of media scrutiny or public interest in the management of the case and there is a need to ensure that public confidence in the criminal justice system is maintained.  Formal multi-agency MAPPA panels meetings are held monthly (as with those offenders managed under MAPPA Level 2 arrangements), although the seniority of chairing is higher at MAPPA Level 3 panel meetings.

A referral to this level must be based upon information that demonstrates that the offender poses a high to very high risk of serious harm to others and that the risks posed can only be managed by a plan which requires the close co-operation at a senior level due to the complexity of the case and/or because of the unusual resource commitments. This Level of management can be used where there is a high degree of media interest in the case.

Cases are reviewed at Multi Agency Public Protection Meetings (MAPPPs), which are held monthly in East and West Sussex and Brighton and Hove.

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This policy was last reviewed in July 2023.

Next review July 2026.

1. Introduction

Under the Sexual Offences Act 2003, those offenders who are cautioned or convicted of specific, sexual offences against a child or an adult, are made subject to the Sexual Offenders Register. This registration requires the offender by law, to notify the Police of the following:

  • any change to their name or address;
  • any address where they may reside for seven or more occasions, in any 12 month period;
  • National Insurance number;
  • any intention to travel abroad.

For further information, contact your local Police ViSOR Team.

2. Violent Sex Offender Register Team

ViSOR teams risk assess and manage Registered Sex Offenders and violent offenders who fall under Multi-Agency Public Protection Arrangements.

All agencies must inform the police if they are aware of a sexual offender who has changed their address, or who is planning to move or travel abroad, without first, informing the police.

The above also applies to offenders under the age of 18 if they have been convicted, reprimanded or given a final warning.

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Date of last review April 2024.

Date of next review April 2027.

1. Safeguarding Children Training

Employers are responsible for ensuring their staff are competent and confident in carrying out their responsibilities for safeguarding and promoting the welfare of children. To do this, employers will recognise that staff have different training needs depending on their degree of contact and their level of responsibility.

All professionals including staff in the private and voluntary sectors, require a general awareness of known indicators and pre-disposing factors of abuse as well as (role specific) detailed knowledge of agreed policies and procedures.

As stipulated in Working Together to Safeguard Children, professionals should, in particular, be alert to the potential need for early help for a child who:

  • is disabled and has specific additional needs;
  • has special educational needs (whether or not they have a statutory Education, Health and Care Plan);
  • is a young carer;
  • is bereaved;
  • is showing signs of being drawn into anti-social or criminal behaviour, including gang involvement and association with organised crime groups or serious violence, including knife crime;
  • is frequently missing / goes missing from care or from home;
  • is at risk of modern slavery, trafficking or any form of exploitation;
  • is at risk of being radicalised;
  • is viewing problematic and / or inappropriate online content (for example, linked to violence), or developing inappropriate relationships online;
  • is in a family circumstance presenting challenges for the child, such as drug and alcohol misuse, adult mental health issues and domestic abuse;
  • is misusing drugs or alcohol themselves;
  • is suffering from mental ill health;
  • has returned home to their family from care;
  • is a privately fostered child;
  • has a parent or carer in custody;
  • is missing education, or persistently absent from school, or not in receipt of full-time education;
  • has experienced multiple suspensions and is at risk of, or has been permanently excluded.

All front line staff must be trained to pass calls and enquiries about the safety of children to the appropriate professional staff. This includes reception and switchboard operators and administrative staff.

For staff working with adults, employers must ensure that they have sufficient training to inform and enable recognition of concerns about any dependent children which require referral to Children’s Social Care / Police.

Health professionals, including GPs and professionals who predominantly treat adults, are expected to participate in safeguarding training. Expectations are set out in the Safeguarding Children and Young People: Roles and Competencies for Healthcare Staff (Royal College of Nursing).

All employees and volunteers who have any contact with children must be included in their agency’s training programme on child protection at basic or more advanced level according to their role.

For further information, please see Chapter 2 of Working Together to Safeguard Children (Department for Education).

The Safeguarding Children Partnership is accountable for:

  • the provision of appropriate multi-agency safeguarding professional development and training.
  • outlining in published arrangements how multi-agency training will be commissioned, delivered, and monitored for attendance and impact
  • routine evaluation of the perceived effectiveness of the training received and evidence of the impact of training on outcomes for children and families

2. Equality and Diversity Training

The Children Act 1989 promotes the view that all children and their parents should be considered as individuals and that family structures, culture, religion, ethnic origins and other characteristics should be respected.

The Equality Act 2010 safeguards those who may face discrimination. The act describes nine ‘protected characteristics’ which identify those who may face inequality or harassment due to one or more of the nine protected characteristics:

  • age;
  • disability;
  • gender reassignment;
  • marriage and civil partnership;
  • race;
  • religion or belief;
  • pregnancy and maternity;
  • sex;
  • sexual orientation.

All staff should, under the partnerships’ arrangements, be provided with comprehensive Equality, Diversity and inclusion training.

Such training must:

  • be rooted in recognition of the diversity of families and communities staff serve and respect for the differing approaches to child rearing this diversity represents such as ethnicity, race, culture, heritage and sense of identity;
  • ensure that respect for difference is not confused with acceptance of any form of abuse or neglect;
  • equality, diversity and inclusion must be integrated within all child protection training provided to staff.
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Date of last review April 2024.

Date of next review April 2026.

1. Expectations

Chapter 3 of Working Together to Safeguard Children (Department for Education) sets out the arrangements organisations should have to safeguard and promote the welfare of children. These include the requirement of employers to provide ‘appropriate supervision and support for staff to ensure that staff are:

  • competent to carry out their responsibilities for safeguarding and promoting the welfare of children;
  • working in an environment where they feel able to raise concerns;
  • feel supported in their safeguarding role;
  • familiar with the processes and procedures to follow if they have concerns about a child’s safety or welfare; and
  • have opportunities for their practice to be regularly reviewed to ensure they improve over time;
  • critical reflection through supervision to strengthen analysis;
  • effective supervision is important to promote good standards of practice.

Lead practitioners should have access to high quality supervision. Effective supervision can play a critical role in ensuring a clear focus on a child’s welfare and support practitioners to reflect critically on the impact of their decisions on the child and their family. All lead practitioners should also continue to receive appropriate supervision and support for continuing professional development and to maintain professional registration, where appropriate, within their existing line management arrangements.

Working to ensure children are protected from harm requires sound professional judgements to be made. It is demanding work that can be distressing and stressful. All of those involved should have access to advice and support from, for example, peers, managers, named and designated professionals.

Supervision can be delivered as regular one to one meetings, catch-ups / ad hoc, 1:1s, group supervision (single and multi-agency) and peer supervision.

Those providing supervision should be trained in supervision skills and have an up to date knowledge of the legislation, policy and research relevant to safeguarding and promoting children’s welfare. Effective supervision will create a culture of safety, equality, and protection within their organisation / service.

The Equality Act 2010 puts a responsibility on public authorities to have due regard to the need to eliminate discrimination and promote equality of opportunity

See also Underlying Policy, Principles and Values chapter.

The arrangements for how supervision is organised and delivered will vary from agency to agency, but all agencies should ensure:

  • they have in place easy to use standard templates;
  • there are clear recording mechanisms, including decisions made in supervision being recorded on case files immediately;
  • the use of a contract / agreement / policy on supervision;
  • an internal escalation process is in place where there are disagreements that cannot be resolved within supervision;
  • evaluation and action; there will be a process for capturing feedback and responding; and
  • the model of supervision used will fit the context and organisation.

Supervision should:

  • help to ensure that safeguarding practice is competent, accountable and based on evidence, and consistent with local and pan Sussex Safeguarding Children Partnership and organisational policies and procedures;
  • ensure that practitioners fully understand their roles, responsibilities and the scope of their professional discretion and authority;
  • help identify the training and development needs of practitioners;
  • provide a thinking space for practitioners where reflection, scrutiny and evaluation of safeguarding work can take place;
  • assist in creating a culture of safety, equality, and protection within their organisation / service.

With respect to individual cases, safeguarding supervision helps practitioners to keep a focus on the child’s needs, the risks posed by adults (or other children), to avoid delay in action, to maintain objectivity and to address the emotional impact of the work.

Good quality supervision can help to:

  • avoid drift;
  • keep a focus on the child;
  • maintain a degree of objectivity and challenge fixed views;
  • test and assess the evidence base for assessment and decisions;
  • address the emotional impact of work.

2. Safeguarding Children Partnership Commitment

The Safeguarding Children Partnership is responsible for ensuring the overall provision of a robust safeguarding supervision process across all partners and will monitor this through a variety of mechanisms, including:

  • the Section 11 self-assessment audit;
  • case file audits;
  • relevant actions arising from local child safeguarding practice reviews.
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1. Introduction

This chapter identifies good practice in safer recruitment and selection. It is not intended to replace the recruitment policies and procedures of individual agencies. It is simply intended to enhance policies and act as a good practice guide for safer recruiting.

Working Together to Safeguard Children (Department for Education) includes information on organisational responsibilities including safe recruitment practices and ongoing safe working practices for individuals whom the organisation or agency permit to work regularly with children (see Working Together to Safeguard Children, Organisational Responsibilities).

So as to minimise the risk of employing or engaging an individual who poses a predictable risk to them, all agencies should consider, with respect to candidates (including agency staff, students and volunteers) who will be working with children:

  • analysing rigorously all the information which is available about the candidate and consider carrying out an online search as part of their due diligence on the shortlisted candidates;
  • supervised / supported experience of recruitment.

It is a criminal offence for a barred individual to take part in regulated activity, or for an employer/voluntary organisation knowingly to employ a barred person in a regulated activity role.

Before an organisation considers asking a person to apply for a criminal record check through the Disclosure and Barring Service, they are legally responsible for ensuring that they are entitled to submit an application for the job role. See Guide to Eligibility (DBS).

2. Choice of Candidate

Agencies should develop detailed internal procedures for jobs that involve working with children and young people which clarify allocation of ‘human resource’ tasks outlined below:

  • job descriptions (J.D.s) and person specifications should reflect professional practice requirements;
  • a previous employer who is asked for a reference is reasonable for ensuring that their reference statement:
  • is based upon an accurate assessment of an individual’s qualities;
  • includes any disciplinary action, known convictions, Substantiated LADO allegation or other safeguarding grounds for concern.

3. Quality of Job Description and Person Specification

All job descriptions and person specifications should clearly describe the role, responsibilities, accountabilities, knowledge, skills and experience required for safeguarding and promoting the welfare of children and young people.

It is good practice to ensure that each employee’s specific duty of care and personal responsibility for safeguarding and promoting the welfare of children and young people are built into job descriptions, codes of practice, contracts of employment and disciplinary procedures.

All stated requirements must be expressed in terms sufficiently explicit to allow a candidate’s experience, achievements or capabilities to be evidenced.

The person specification should explain how the requirements will be tested and assessed during the selection process. For example: ‘In addition to a candidate’s ability to perform the duties of the post, the interview will also explore issues to safeguarding and promoting the welfare of children, for example motivation to work with children and emotional resilience to working with challenging behaviour.’

4. References from Previous Substantive Employers

References are an important part of the safer recruitment process, their purpose being to obtain objective and factual information to support appointment decisions.

All agencies committed to these procedures should have explicit arrangements for provision within reasonable time-scales, of properly structured references from previous employers, which should ordinarily be issued in the name of the head of service (though they may be drafted by a more junior member of staff who has the necessary knowledge and experience). Reference requests should be sent to a formal email account for the setting, rather than personal email addresses. To enhance the reliability of the information received, it is also advisable to follow up written references with a phone call.

If a candidate is not currently working with children, but has worked in the past with children – a reference must be sought from that former employer. Refusal or reluctance by an applicant for a former employer to be contacted should be explored further.

It is essential to maintain a high level of professional curiosity about any gaps in employment or inconsistencies in the CV history. There have been instances where an individual with a substantiated allegation managed to avoid scrutiny by taking a job in an interim period that was not regulated activity.

For those who have not worked before, consider obtaining a reference from any voluntary organisation they have worked with or from someone in authority such as a lecturer.

Any reference being sought should wherever possible:

  • be reliable and comprehensive, for example include accurate dates of employment, DBS checks, any periods of sick leave;
  • focus on the key criteria for effective performance in the specified post.

An employer reference should also be obtained in respect of internal candidates for posts involving direct contact with children.

So that information of comparable weight is obtained for all candidates, references on all short-listed candidates should wherever possible be obtained prior to final selection.

References should offer a full and frank disclosure of all matters considered relevant by the author, for example candidate’s reason for planning to or actually leaving her/his post. If all questions have not been answered or the reference is vague or unspecific, the referee should be contacted and asked to provide written answers or further information as requested.

References should be obtained directly from the referee, from a formal email account. Prospective employers should not rely on references and testimonials provided by the candidate, or open references and testimonials, for example ‘To Whom it May Concern’. If a reference is not available because an organisation no longer exists a LADO check of the area where the organisation was would provide prospective employers with confirmation of any flagged issues.

5. References with respect to Agency Staff

Given the proportion of staff currently engaged via specialist employment agencies, it is important that there are systems in place to ensure that only those which can offer safe selection processes are used by those organisations committed to these procedures.

References from any previous substantive employers should be sought as described above and requests to agencies should seek confirmation:

  • that the individual was registered with the agency in the period(s) claimed;
  • of all assignments including dates, roles and name and address of all work places;
  • of the quantity and pattern of any absences from their assignments;
  • of any cause for concern within the agency including any request by a client for the person to be withdrawn from an assignment which upon investigation was found to be justified.

The agency should also be asked to confirm:

  • that it carries out appraisals of its workers and be invited to describe the most recent relevant to the role which is to be filled;
  • the date of the last Disclosure and Barring Service check obtained on the individual in question, who obtained it, the level of disclosure and its unique reference number;
  • from which previous employers references were obtained and whether or not these expressed any reservations about the individual in question;
  • if its overall selection procedure complies with the recommendations made in the Warner report ‘Choosing with Care’.

6. Selection Methods

All interview panels involved with the appointment of staff to work with children should have a least one panel member who is knowledgeable and experienced in safeguarding and child protection issues. They should also be balanced wherever possible by gender and race and may benefit from the inclusion of independent person(s) as well as immediate line managers and more senior staff.

Interviews may usefully be underpinned by practical exercises, which simulate the working environment e.g. anonymised real-life situation (with precautions taken to ensure no unfair advantage to internal candidates).

Such practical exercises may include:

  • ‘a situation exercise’ which tests declared responses to events relevant to the post in question;
  • ‘submission of a prepared written exercise’ to allow a panel to prepare and deliver questions at an interview;
  • a ‘presentation exercise’ to test an individual’s ability to research, prepare and present a topic relevant to the post in question;
  • ‘psychometric tests’ – for example personality and / or skills based;
  • a group exercise which simulates a relevant forum and allows observation of interaction.

7. Disclosure and Barring Checks

The DBS now provides two sorts of certificates, which are of relevance to employers (standard and enhanced disclosures), and one or other must be sought with respect to all candidates who seek to work with children. (Note that the DBS will send the certificate listing the results to the applicant.)

A standard disclosure is available for posts involving regular contact with children (and vulnerable adults), certain professions in health, pharmacy and the law.

Standard disclosures indicate if there is nothing on record or show details drawn from the police national computer of:

  • spent and unspent convictions;
  • cautions;
  • formal reprimands; and
  • final warnings.

Standard disclosures are issued to the individual and copied to the body registered to seek them.

The enhanced disclosure in addition to the information provided by a standard disclosure may contain non-conviction information from local police records, which a chief police officer thinks, may be relevant to the position sought.

The requirement to seek an enhanced DBS disclosure currently applies to all those who employ or use volunteers in types of activity called ‘regulated activity and other work with children’.

The definition of ‘regulated activity and other work with children’ enhanced checks will be undertaken where the activities will fall within the definition of work with children  or regulated activity,  as used by the Disclosure and Barring Service. The concept of work with children includes, but is wider than, regulated activity. The term has been adopted by the DBS to give a single definition of roles which will be subject to an enhanced check, which were previously dealt with under various provisions. The term does not alter the relevant activities; it merely clarifies the situation.

The term covers anyone working closely with children or vulnerable adults, either paid or unpaid, on a frequent, intensive or overnight basis. Frequent means once a week or more (except in health or personal care services where frequent means once a month or more); intensive means on four days or more in a single month. Regulated activity can include, but is not limited to:

  • teaching, training or instruction, care or supervision of children;
  • providing advice or guidance wholly or mainly for children, which relates to their physical, emotional or educational wellbeing;
  • any form of treatment or therapy provided to children;
  • driving a vehicle that is being used only for the purposes of conveying children and their carers;
  • working in a specified place – this may include catering, cleaning, administration and maintenance staff – in schools, pupil referral units, children’s homes, children’s hospitals, detention centres for children, children’s centres;
  • fostering and private fostering;
  • specified roles, that is an activity that involves people in certain defined positions of responsibility Positions of trust: Positions of Trust: Police, Crime, Sentencing and Courts Act 2022 Factsheet (Home Office) (for example, school governor, trustees of certain charities);
  • unsupervised activities: teaching, training, instructing, caring for or supervising children, or providing advice / guidance on wellbeing, or driving a vehicle only for children;
  • work for a limited range of establishments (‘specified places’), with opportunity for contact: for example, schools, children’s homes, childcare premises. Not work by supervised volunteers.
  • work under (i) or (ii) is regulated activity only if done regularly;
  • relevant personal care, for example washing or dressing, or health care by or supervised by a professional;
  • registered child minding and foster carers.

8. Persons Prohibited from Working or Seeking Work with Under Eighteens

Both standard and enhanced disclosures will show whether the person is included on the Disclosure and Barring Service’s Barred Lists and therefore prohibited from working or seeking work with individuals under the age of eighteen.

It is a criminal offence for individuals barred by the Disclosure and Barring Service to work or apply to work with children or vulnerable adults.

An employer who knowingly employ someone who is barred to work with those groups is also committing a criminal offence.

9. Seeking Disclosures from DBS

For organisations registered with the DBS, applications by potential employers who can provide a reference number may be made by phone on 0870 90 90 844.

An optional online Update Service is operated by the Disclosure and Barring Service  (DBS), designed to reduce the number of DBS checks requested.

Instead of a new criminal records/Barred Lists check being necessary whenever an individual applies for a new paid or voluntary role working with children/Vulnerable Adults, individuals can opt to subscribe to the online Update Service. This will allow them to keep their criminal record certificate up to date, so that they can take it with them from role to role, within the same workforce.

Employers do not need to register, but can carry out free, instant, online status checks of a registered individual’s status. A new DBS check will only be necessary if the status check indicates a change in the individual’s status (because new information has been added).

Registered organisations with ‘payment on account status’ can order paper disclosure application forms through the registration line on 0870 90 90 822 (also available for general enquiries). Requests must include the name, address and date of birth of the applicant.

If a disclosure reveals that an applicant is prohibited from seeking or working with under eighteens, it is an offence to employ her/him and the Safeguarding Investigations Unit must be informed without delay of the individual’s attempt to seek employment.

10. Overseas Criminal Record Disclosure

10.1 Checking via the DBS

The DBS cannot access criminal records held overseas, but it is possible to submit an application while the applicant is overseas. In a small number of cases, overseas criminal records are held on the Police National Computer and these would be revealed as part of a criminal record check. You must still verify the identity of an overseas applicant.

As the DBS cannot access criminal records held overseas, a criminal record check may not provide a complete picture of an individual’s criminal record. For more information please see Criminal Records Checks for Overseas Applicants (Home Office).

10.2 Safeguarding checks for teachers from overseas

Candidates from overseas must undergo the same checks as all other staff in schools, including obtaining an enhanced DBS certificate with barred list information. This still applies even if the candidate has never been to the UK.

When recruiting, you must:

  • follow Part 3 of Keeping Children Safe in Education (Department for Education)  statutory guidance, which sets out the safer recruitment checks schools must conduct.
  • make any further checks they think appropriate so that relevant events that occurred outside of the UK can be considered – the Home Office provides guidance on criminal records checks for overseas applicants.
  • carry out additional checks for teaching roles, which may include information about their past conduct, for example, by checking documents issued by overseas teaching authorities – you should also consider this evidence together with other information which you have obtained through other safer employment checks.

10.3 Checking via embassies

If you are recruiting people from overseas and wish to check their overseas criminal record, you should contact the embassy or High Commission of the country in question.

All Tier 2 (general) visa applicants who want to work in specified health, education or social care sectors must provide a criminal record certificate.

The UK introduced a points-based immigration system on 1 January 2021. This affects how to employ teachers who are not UK or Irish nationals. All overseas nationals arriving in the UK from 1 January 2021, including those from the European Economic Area (EEA) and Switzerland, come under the points-based immigration system.

Overseas teachers can apply for a Skilled Worker visa up to 3 months before they start work in the UK under certain conditions. Business and Schools need a sponsor licence to hire a teacher from overseas on a Skilled Worker visa. You can be the employing local authority, multi-academy trust or school to hold the sponsor licence.

A Youth Mobility Scheme visa lasts for up to 2 years and is for young people aged 18 to 30 who have certain types of British nationality or are from certain countries. Teachers can work on this visa without a sponsoring employer.

See Recruit Teachers from Overseas (Department for Education)

You can find contact details for embassies and High Commissions in the UK on the Foreign & Commonwealth Office (FCO) website. You can also contact the FCO Response Centre Helpline on 020 7008 1500.

If the foreign check needs translating, the embassy of the country concerned may be able to help.

The DBS is not involved in the processing of applications made by individuals to overseas authorities and will not be responsible for the contents or the length of time taken for information to be returned.

10.4 Certificates of good conduct

You should try to obtain a certificate of good conduct and any other references from potential overseas employees. The standard of foreign police checks varies. To find out the standard, you should contact either the authorities in a particular country, or their embassy.

Either you or the employee should obtain a certified translation of the certificate of good conduct. The DBS does not offer a translation service.

10.5 National Protective Security Authority

The National Protective Security Authority provides protective security advice. This is for companies and organisations that deliver the UK’s essential services. You can find information about overseas criminal records checks on the National Protective Security Authority.

These checks should be made clear to candidates at interview. Any offer of employment should be a conditional offer subject to satisfactory clearances being received and checked. When a decision has been made and a successful candidate notified they should be encouraged to contact the staffing team as soon as possible to start their pre-employment checks.

Only when all of these checks are completed and returned should an offer of employment be confirmed. Do not offer a candidate an unconditional offer at any point.

11. Reporting Systems for Unsuitable Staff

Each agency must have a nominated ‘human resource’ or service manager whose responsibilities include reporting to the Disclosure and Barring Service and the relevant professional body, any member of staff who (following an enquiry) it concludes to be unsuitable to work with children.

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Last reviewed in October 2022.

Next review in October 2025.

1. Keeping a Record of Children with a Child Protection Plan

Each Local Authority is required to have in place an IT system which meets Working Together guidance requirements of supporting the Integrated Children’s System (ICS) and being capable of producing a list of all the children resident in the area (including those who have been placed there by another local authority or agency) who are considered to be at continuing risk of  significant harm, and for whom there is a Child Protection Plan.

The principal purpose of having the IT capacity to record that a child is the subject of a Child Protection Plan is to enable agencies and professionals to be aware of those children who are judged to be at continuing risk of significant harm and who are the subject of a Child Protection Plan.

It is equally important that agencies and professionals can obtain relevant information about other children who are known or have been known to the Local Authority. Consequently, agencies and professionals who have concerns about a child should be able to obtain information about a child that is recorded on the Local Authorities ICS IT system.

Arrangements are to be in place for legitimate enquirers such as police and health professionals to be able to obtain this information both in and outside office hours.

Children with a Child Protection Plan should be recorded as having been abused or neglected under one or more of the categories of:

  • physical abuse;
  • emotional abuse; or
  • sexual abuse; or
  • neglect;

according to a decision by the chair of the Child Protection Conference.

These categories help indicate the nature of the current concerns – (see Actions and Decisions of the Conference chapter).

Recording information in this way also allows for the collation and analysis of information locally and nationally and for its use in planning the provision of services.

2. Managing and Providing Information about Children

Each Local Authority should designate a manager, normally an experienced social worker, who has responsibility for:

  • ensuring that records on children who have a Child Protection Plan are kept up to date;
  • ensuring enquiries about children about whom there are concerns or who have Child Protection Plans are recorded;
  • managing other notifications of movements of children into or out of the local authority area such as children who have a Child Protection Plan and Looked After children;
  • managing notifications of people who may pose a risk of significant harm to children who are either identified within the local authority area or have moved into the local authority area; and
  • managing requests for checks to be made to ensure unsuitable people are prevented from working with children.

This manager should be accountable to the Director of Children’s Services.

Information on each child known to Children’s Social Care should be kept up-to-date on the Local Authority’s ICS IT system, and the content of the child’s record should be confidential, available only to legitimate enquirers.

This information should be accessible at all times to such enquirers. The details of enquirers should always be checked and recorded on the system before information is provided.

If an enquiry is made about a child and the child’s case is open to Children’s Social Care, the enquirer should be given the name of the child’s Lead Social Worker and the Lead Social Worker informed of this enquiry so that they can follow it up. If an enquiry is made about a child at the same address as a child who is the subject of a Child Protection Plan, this information should be sent to the Lead Social Worker of the child who is the subject of the Child Protection Plan.

The Department for Education holds lists of the names of designated managers and should be notified of any changes in designated managers.

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Last reviewed in October 2022.

Next review due October 2025.

1. Introduction

The aim of the child protection plan is to:

  • ensure the child is safe from harm and prevent them from suffering further harm;
  • promote the child’s health and development;
  • support the child, the family and wider family members to safeguard and promote the welfare of their child, provided it is in the best interests of the child.

When the decision is made by an Initial Child Protection Conference to make a child subject to a Child Protection Plan, the Conference must:

The Core Group is responsible for the formulation and implementation of the detailed Child Protection Plan, previously outlined at the conference.

2. Core Group

2.1 Responsibilities

All members of the Core Group are jointly responsible for:

  • collecting information to assist the Lead Social Worker in completing the Family Assessment also referred to a Child and Family Assessment or Strengthening Families Assessment);
  • participating in the compilation of the Family Assessment;
  • formulating and implementing the Child Protection Plan, refining it as necessary;
  • monitoring progress of the Child Protection Plan against specified objectives;
  • providing clear information to Review Conferences on the implementation, progress and outcomes of the Child Protection Plan;
  • acting on any significant changes to the Child Protection Plan following decisions made at Review Conferences or in relation to decisions to take legal action.

Where any member of the Core Group is aware of difficulties implementing the Child Protection Plan due to changed or unforeseen circumstances, the Lead Social Worker must be informed immediately and consideration given to recalling the Core Group meeting to re-consider the Child Protection Plan.

Circumstances, about which the Lead Social Worker should be informed, include the inability to gain access to the child who is subject to a Child Protection Plan, for whatever reasons, on two consecutive home visits.

If the difficulty in implementing the Child Protection Plan impacts on the safety of the child, the Lead Social Worker and all Core Group members should consider the need for a Section 47 Enquiry and / or bringing forward the date of the Review Child Protection Conference and / or for immediate legal action.

If members are concerned that there are difficulties implementing the Child Protection Plan arising from disagreement amongst professional agencies or a Core Group member not carrying out agreed responsibilities this must be addressed:

  • firstly, by discussion with other Core Group members and first line managers;
  • secondly, if required, by referral to respective professional advisers i.e. child protection advisers for Children’s Social Care, designated/named doctor, nurse, teacher; and
  • if the situation remains unresolved, the matter should be discussed with the chair and where necessary referred to the senior child protection manager.

See Resolving Professional Disagreements Procedure for additional information on the procedure to be followed.

2.2 Membership

Membership of the Core Group will have been identified at the Child Protection Conference and must include the Lead Social Worker as chair.

It will include both parents / carers, child (if appropriate) and other relevant family members. If the Core Group is unable to include both parents due to risk or because one or other of the parents is unable to attend due to work or other commitments, then the lead Social Worker should ensure that their participation can be achieved by alternative means, e.g. the views being sought prior to the Core Group, reported to the Core Group meeting and a copy of the minutes of the Core Group being provided to the non-attending parent.

Professionals and foster carers in direct contact with the child should also be included.

2.3 Timing

Working Together to Safeguard Children Flowchart 5, What happens after the child protection conference, including the review? states that the date of the first Core Group meeting must be within 10 working days of the Initial Child Protection Conference. This date must be arranged at the end of the conference, along with an indication of the required frequency of subsequent meetings.

Good practice would be for the Core Group to meet within six weeks of their initial meeting, and at a minimum frequency of once every two months following the first Review Conference. More regular meetings may be required according to the needs of the child.

Where the Review Conference recommends major changes to the Child Protection Plan, the Core Group should meet within 10 days of the conference.

Dates for future meetings must be agreed at the first Core Group meeting following each conference.

3. Formulation of Child the Protection Plan

Each child subject to a Child Protection Plan must have a written Child Protection Plan, using the Child Protection Plan pro-forma.

The purpose of this plan is to facilitate and make explicit a coordinated approach to the protection from further harm of each child subject to a Child Protection Plan.

The parents should be clear about:

  • the evidence of significant harm which resulted in the child becoming the subject of a Child Protection Plan;
  • what needs to change in the future; and
  • what is expected of them as part of implementing the plan.

All parties must be clear about the respective roles and responsibilities of family members and different agencies in implementing the plan.

The plan will be outlined at the Child Protection Conference and the Lead Social Worker and Core Group are responsible for ensuring it is drawn up in detail and acted upon.

The Core Group will, as described above, regularly review and where necessary modify the Child Protection Plan.

The Child Protection Plan will constitute an agenda item at each Review Conference.

The Child Protection Plan should be used to clarify expectations and assist in joint working towards shared goals. It can also be used as evidence, in any legal proceedings, of the efforts made to work in partnership (this must be made clear to parents).

3.1 Outline Child Protection Plan

An outline plan must be drawn up at Initial and Review Conferences, following the decision to develop a Child Protection Plan or continue with that plan (see Actions and Decisions of the Conference Procedure chapter, Outline Child Protection Plan section). The aim of the outline plan is to assist the Core Group to form a clearer focus of work with the family and to explicitly define individual professional responsibilities.

There should be no reduction in service level or significant change to the Child Protection Plan without:

  • the recorded agreement of other Core Group members; and
  • the recorded agreement of the first line manager; and
  • consulting the conference chair; and
  • consideration with the chair and line manager of any need to reconvene the conference.

3.2 The Detailed Child Protection Plan

Professionals and parents / caregivers should develop the details of the Child Protection Plan in the Core Group. The overall aim of the plan is to:

  • ensure the child is safe from harm and prevent him or her from suffering further harm by supporting the strengths, addressing the vulnerabilities and risk factors and helping meet the child’s unmet needs;
  • promote the child’s health and development, that is their welfare; and
  • provided it is in the best interests of the child, to support the family and wider family members to safeguard and promote the welfare of their child.

The Child Protection Plan should be based on the findings from the assessment, following the dimensions relating to the child’s developmental needs, parenting capacity and family and environmental factors, and drawing on knowledge about effective interventions. Where the child is also Looked After, the Child Protection Plan should be part of the Looked After child’s Care Plan.

The content of the Child Protection Plan should be consistent with the information set out in the Child Protection Plan Record (on ICS). It should set out what work needs to be done, why, when and by whom. The plan should include:

  • when and in what situations the child will be seen by the child’s Lead Social Worker, both alone and with other family members or carers present;
  • describe the identified developmental needs of the child, and what therapeutic services, if any, are required;
  • include specific, achievable, child-focused outcomes intended to safeguard and promote the welfare of the child;
  • include realistic strategies and specific actions to achieve the planned outcomes;
  • include a contingency Plan to be followed if circumstances change significantly and require prompt action;
  • clearly identify roles and responsibilities of practitioners and family members, including the nature and frequency of contact by practitioners with children and family members;
  • lay down points at which progress will be reviewed, and the means by which progress will be judged; and
  • set out clearly the roles and responsibilities of those practitioners with routine contact with the child – e.g. health visitors, GP’s and teachers – as well as those practitioners providing specialist or targeted support to the child and family.
  • take into consideration the necessity for an interpreter, avoidance of appointments with family on significant religious festivals, any issues arising from disability etc

The Child Protection Plan should take into account the wishes and feelings of the child, and the views of the parents, insofar as they are consistent with the child’s welfare. Both child and parents should be provided with the opportunity to record their comments, including areas of disagreement. If the aim and content of the plan has not been discussed with any of the parties / agency concerned, the reasons must be stated on the plan.

Any dissent about the plan, by family or professionals, must be recorded, with reasons. If family members’ preferences are not accepted about how best to safeguard and promote the welfare of the child, the reasons for this should be explained. Families should be told about their right to complain and make representations, and how to do so.

The Lead Social Worker should make every effort to ensure that the child and parents have a clear understanding of the planned outcomes; that they accept the plan and are willing to work to it. If the parents are not willing to cooperate in the implementation of the plan the local authority should consider what action, including the initiation of Care Proceedings, it should take to safeguard the child’s welfare.

The plan should be constructed with the family in their preferred language and they should receive a written copy in this language.

The Child Protection Plan should be explained to and agreed with the child in a manner which is accordance with their age and understanding.

The Lead Social Worker must record the Child Protection Plan and circulate it to all Core Group members and the conference chair within five working days of the meeting.

All agencies are responsible for the implementation of the Child Protection Plan and all professionals must ensure they are able to deliver their commitments, or if not possible, that these are re-negotiated.

4. Lead Social Worker Role

At every initial conference, where a child is made subject to a Child Protection Plan, the chair will name a qualified social worker, identified by the social work team manager, to fulfil the role of Lead Social Worker for the child.

The Lead Social Worker should:

  • ensure that Core Groups take place with frequency;
  • ensure that the outline Child Protection Plan is developed, in conjunction with members of the Core Group (see Core Group Membership) , into a detailed multi-agency protection plan;
  • clearly note and include in the written record any areas of disagreement;
  • ensure Core Group members, the child (where appropriate) and family have the opportunity to understand and contribute to the Child Protection Plan and that it is distributed within five days of the Core Group meeting and maintained on the child’s electronic record;
  • obtain a full understanding of the family’s history (which must involve reading Children’s Social Care records, including those relating to other children who have been part of any households including the current carers of the child – additional information should be obtained from relevant other agencies and local authorities);
  • complete the Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) of the child and family (if not previously completed), securing contributions / information from Core Group members and any other agencies with relevant information;
  • coordinate the contribution of family members and all agencies in putting the plan into action and reviewing the objectives stated in the plan.

4.1 Seeing the child

The Lead Social Worker should:

  • ensure the child/ren is / are seen at least every 10 working days by the Lead Social Worker or in exceptional circumstances by another member of the Core Group. If is not the Lead Social Worker, this should be agreed within the notes of the Core Group;
  • where possible should see the child alone on every visit (with parent’s agreement). However, as a minimum, children on Child Protection Plan and babies (awake) must be seen alone every six weeks (if parents refuse, the Children’s Social Care line manager must be informed);
  • ensure that the child’s bedroom / where the child sleeps is seen at least every six visits.

The frequency of contact by Lead Social Worker or Core Group members detailed above is the minimum standard. In exceptional circumstances the Core Group may decide that the required contact level should be less frequent. Any such decision should be authorised by Children’s Social Care line manager / child protection adviser.

If the Lead Social Worker has difficulty obtaining direct access to the child, the Children’s Social Care line manager must be informed, as well as other Core Group members.

In these circumstances formal agreement must be reached that a member of another agency carry out the face-to-face contact, or that a Review Conference is called. Such a decision must be recorded and authorised by managers of the agencies concerned and agreed in the Child Protection Plan.

See also Working with Uncooperative Parents chapter.

4.2 Routine written records

The Lead Social Worker must maintain a complete and up-to-date signed record on the current electronic record, to include:

  • the time and date of every home visit, stating who was present, confirmation that the Lead Social Worker spoke with the child (including if alone), or providing a clear reason why not;
  • any information gained or observations made during the visit relevant to the identified risks to the child;
  • circumstances of all family members;
  • specific information about key subjects such as meals and sleeping arrangements;
  • factual reports of the child’s presentation and behaviour (these should be specific and avoid non-specific labels such as ‘disturbed’);
  • any new incidents or injuries, which must be subject to full enquiries using the Section 47 paperwork;
  • a chronology on the front of the file / in the electronic record to include significant events in the child’s life, including incidents, injuries, family changes etc;
  • the date, time and content of any communication which relates to the child and family (distinguishing between fact and opinion).

4.3 Responsibility for convening conferences

The Lead Social Worker is responsible, in liaison with the conference chair and administrator, for convening the Review Child Protection Conference, the dates for which should have been set at the previous conference for no more than:

  • three months after the Initial Conference;
  • six months after a Review Conference.

Consideration should be given to bringing forward the date of a review conference in the following circumstances:

  • following a new and significant incident relating to concerns about child protection, usually involving a Section 47 Enquiry;
  • when there is a significant change in the circumstances of the child or family;
  • when there are significant difficulties in carrying out the Child Protection Plan.

The request to bring forward the date of a Review Conference should be made by a Strategy Discussion / Meeting of a Section.47 Enquiry or by the Lead Social Worker following consultation with Core Group members, the conference chair, and must be authorised by the first line manager.

4.4 Absence of the Lead Social Worker

It is the responsibility of the Lead Social Worker, in liaison with the social work manager to ensure that clear cover arrangements are made when the Lead Social Worker is absent on planned annual leave, training etc.

Parents and child must be informed of planned absences of the Lead Social Worker, who will be covering the role and what contacts will be made.

5. Children’s Social Care First Line Manager Role

The first line manager has a vital role in managing the progress of the case and supporting the Lead Social Worker.

The manager should:

  • read and countersign all significant recordings, assessments and decisions on the child’s file / electronic record, including the chronology;
  • discuss the progress of the Child Protection Plan and any concerns in supervision, including ensuring that there has been adequate direct contact with the child/ren;
  • ensure supervision and management case decisions are clearly visible and dated in the child’s record;
  • read and countersign conference reports and the Child Protection Plan;
  • review the plan with the Lead Social Worker when unexpected developments or crises occur, and together make a decision whether to recommend that a Review Child Protection Conference date be brought forward.

5.1 Line Manager role in Absence of the Lead Social Worker

The manager must arrange cover for the Lead Social Worker in case of sickness and ensure arrangements are in place when the Lead Social Worker is on annual leave and training, including the checking and any necessary action, resulting from post, e-mails and telephone contacts.

If the Lead Social Worker is to be absent from work for an extended period their manager should consider reallocating the case.

6. Further Assessment

The Lead Social Worker and first line manager must, in supervision, regularly consider the risks to the child and whether updated  Family Assessment (also referred to a Child and Family Assessment or Strengthening Families assessment) or further specialist assessments should be undertaken

Updated assessments may be helpful in the following circumstances:

  • on transfer of a case;
  • following the birth of a child who was subject to a Child Protection Plan before birth;
  • when a child has been subject to a Child Protection Plan for a year;
  • prior to consideration of discontinuing the Child Protection Plan;
  • when consideration is being given to the implementation of Care Proceedings;
  • in particularly complex cases.

7. Intervention

Intervention must be provided to give the child and family the best opportunities of achieving the required changes. If a child cannot be cared for safely at home, they will need to be placed elsewhere whilst work is undertaken with both child and family.

Intervention should address the child’s needs and may involve action to promote their health, development and safety, particularly with regard to the need to develop a secure parent-child attachment.

Critically, decision-making must consider if the child’s developmental needs can be responded to within the family taking account of the Assessment Framework and within timescales appropriate for that child.

8. Children Subject to a Child Protection Plan who go Missing

If a professional / agency becomes aware that a child who is subject to a Child Protection Plan has gone missing, or is absent from school / educational or daycare settings, they should inform the Lead Social Worker immediately.

If the child cannot be traced the Lead Social Worker should inform the senior Child Protection Manager and follow the Children and Families who go Missing chapter.

9. Death of a Child Subject to a Child Protection Plan

When a child who is subject to a Child Protection Plan dies, from whatever cause, the Lead Social Worker or their manager must inform the senior child protection manager, who will notify the safeguarding partners.

Consideration will need to be given to the need for a child safeguarding practice review.

10. Discontinuing a Child Protection Plan

A child should no longer be the subject of a Child Protection Plan if:

  • it is judged that the child is no longer continuing to or is likely to suffer significant harm and therefore no longer requires safeguarding by means of a Child Protection Plan;
  • the child and family have moved permanently to another local authority area. In such cases, the receiving local authority should convene a child protection conference within 15 working days of being notified of the move. Only after this event may the original local authority discontinue its Child Protection Plan;
  • the child has reached 18 years of age (to end the Child Protection Plan, the local authority should have a review around the child’s birthday and this should be planned in advance), has died or has permanently left the United Kingdom.

Social workers should:

  • notify, as a minimum, all agency representatives who were invited to attend the Initial Child Protection Conference that led to the plan;
  • consider whether support services are still required and discuss with the child and family what might be needed, based on a re-assessment of the child’s needs.
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Last reviewed in September 2022.

Date of next review September 2025.

1. Responsibility for Administration

Children’s Social Care is responsible for administering the Child Protection Conference service, and storing information about who was invited, who attended, and reports shared.

Each authority must have clear arrangements for the organisation of Child Protection Conferences including:

  • a standard format for multi-agency reports;
  • invites that specify the name, date of birth and address of relevant children, parents/carers and other adults in the household or wider network;
  • standard report templates to support analysis and decision making;
  • systems to support the role of advocacy/intermediaries, interpreters and / or translators where applicable.

Each agency must have their own arrangements for ensuring that their written report is shared with the parent parent(s) and / or the child/ren and they have help to understand and make sense of the record.

All involved agencies / practitioners are expected to:

  • attend the conference and take part in decision making when invited
  • contribute a written report ahead of the conference summarising their view about the safeguards in place, nature and extent of the child protection problems, and a picture of what is known to be happening in the child’s life in the context of their family and wider relationships
  • make recommendations about help in place, needed / offered.

Safeguarding partners should monitor and feedback the effectiveness of these arrangements.

2. Audio Record of Conference Meetings

If your Local Authority audio records the Conference the following apply.

The Independent Chair is responsible for making an audio and digitally typed record of the Conference meeting and for ensuring that it accurately reflects the discussion held, the decisions and the outline Child Protection Plan.

Any audio or typed digital recording will be treated, retained and stored in accordance with relevant provisions of the Data Protection Act 2018 and General Data Protection Regulation.

All invitees to the Conference will be informed that the Conference Meeting will be audio recorded.

Audio recordings will include an explanatory statement identifying:

  • when and where the recording was made;
  • date and time the meeting started and ended;
  • the context of the discussion;
  • the main speakers and their role or title;
  • any breaks in the meeting including reasons and any change of participants.

The Chair will inform Conference meeting participants that:

  • the meeting is being audio recorded;
  • the audio record will be securely stored on the child’s electronic record;
  • the child/ren’s plan and Conference Record will be produced and shared in a typed format for parent/s / carer/s and all Conference attendees;
  • the information discussed at meetings is confidential and that they become responsible for any information that they take out of the meeting;
  • the interests of children and family are central to the discussion;
  • that audio recordings will not be edited;
  • The date and time that the meeting started and ended will be recorded;
  • The possibility that a copy of the audio recording could be directed by a court or used in court or as part of a quality assurance process.

3. Requests to Audio Record a Conference

Practitioners will consult with the Chair if a parent, family member or friend wants to audio record a conference meeting. In these circumstances the procedure for the Chair to audio record the meeting should be explained. Consideration may also be given to the parent receiving a digital copy of the audio recording.

It will be explained that if they publish any recording they will incur potential legal risk if sharing these with others, including through posting online. The risks of doing so and the possible impact on the child or others should be discussed. The risks associated with longevity of published material on the internet should be highlighted.

If another family member or friend (not a birth parent or someone with parental responsibility) states that they intend to record a meeting and the parents do not agree with this, they will be asked to stop. If they do not, the chair will halt the meeting and they will be asked to leave.

The Chair will seek legal advice if it is subsequently found that some recording has taken place or been published online.

4. Covert Audio Recording

If it has become clear that a Conference meeting has been audio recorded without the knowledge of the chair and or other participants, the Chair of the meeting should be informed by whoever has found this out.

The Chair will consider informing the multi-agency network and Local Authority legal representative as part of considering any legal or safety implications.

If it is discovered that a parent has published a recording on social media and / or elsewhere on the internet, or used it for another purpose, the Chair will consider seeking legal advice in respect of an injunction to try to get the recording removed.

5. Decision Letter

The decision letter will be produced by the Chair and will confirm whether a Child Protection Plan was / were made for the child/ren or the type of plan made, a summary of the reasons for the decision, the outline plan, name of the Social Worker and information about the right to complain. It will be dispatched within timescales prescribed in local arrangements, to all who have been invited or attended the conference including parents/carers and child/ren identified by the chair as having sufficient understanding.

6. Conference Record

Conference Records will be produced by the Chair and sent to all those who attended or were invited, within timescales set out in local arrangements.

Any amendment to the accuracy of the Record should be sent, in writing, within 10 working days of the receipt of that record to the Chair.

The Conference Record will include:

  • names and roles of attendees;
  • the purpose of the conference, decisions reached and a summary of the reasons;
  • an outline plan or revised Child Protection Plan;
  • name of Lead Social Worker;
  • members of the Core Group and date of first meeting;
  • date of next conference.

The parents’ copy of the Conference Record should be clearly ‘marked ‘ on all pages that it is a parent’s copy. Confidential material may be excluded from the parents’ copy.

Where parents and / or the child/ren have a sensory disability or where English is not their first language, steps must be taken by the social worker to ensure that they can understand and make full use of the conference record.

Where an advocate, supporter or solicitor has been involved the parent should decide whether they give a copy of the Conference Record.

Where a child has attended a Child Protection Conference, the social worker will see the child subsequently to talk about the plan, to revisit their understanding of the plan and arrangements for regularly revisiting their views.  Consideration should be given to whether that child should be given copies of the record. They may be supplied to a child’s legal representative, participation worker or advocate on request.

Conference Records are confidential and should not be passed to third parties without the consent of either the Conference Chair or order of the court. In criminal proceedings the police may reveal the existence of Child Protection Records to the Crown Prosecution Service and in Care Proceedings the record of the Conference may be revealed in court.

Every agency must establish arrangements for the storage of Child Protection Conference Records in accordance with their own confidentiality and record retention policies.

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Last reviewed in July 2022.

Next review in July 2025.

1. Introduction

Parents and / or children may wish to make representations or complain. This could relate to the way the meeting was managed, the category of concern, or the decisions that were made as a result of the Conference.

All parties must be made aware that:

  • this complaints process cannot itself change the decision to have a Child Protection Plan; and
  • during the course of the complaints process, the decision made by the Conference stands.

The end result for a complainant will be either that:

  • a Conference is re-convened under a different Conference Chair;
  • a Review Conference is brought forward; or
  • it confirms the status quo.

Complaints about individual agencies, their performance and provision (or non-provision) of services should be responded to in accordance with the relevant agency’s ordinary complaints handling processes

2. Stage 1 – Exploration of Complaint by Conference Chair and / or Manager

The Conference Chair should inform their Manager that they have received the complaint.

Complaints made outside the 10 working days’ time limit may, in exceptional circumstances and at the discretion of the Conference Chair, be accepted.

The Conference Chair should meet with the complainant (who may be supported by a friend or relative) within 10 working days of receipt of the complaint so as to:

  • ensure the complainant sufficiently understands the child protection process;
  • clarify the grounds for, and nature of, the complaint/s;
  • establish the outcome desired by the complainant;
  • ensure the complainant understands the scope and relevance of this complaints process with regard to their circumstances and any potential complaint against single agencies;
  • gather relevant information.

At the meeting with the complainant, the Conference Chair should be accompanied by a colleague who can take minutes.

Within a further 10 working days, the Conference Chair should provide a written response to the complainant including notes of their meeting. This letter should include information on how to pursue concerns further if the complainant remains dissatisfied.

The response provided to the complainant should be copied to the Children’s Social Care Complaints Manager.

3. Stage 2 – Formal Consideration of the Complaint

Staff involved in this meeting should include the Reviewing Manager and / or Senior Manager for Child Protection Conferences and a note taker.

The Local Authority Complaints Officer should be kept informed of the progress of this complaint.

A Complaint Meeting at Stage 2 should be arranged and held within 28 days to attempt to resolve the areas of concern.

The Complaint Meeting should have access to and will consider:

  • the Record of the Child Protection Conference;
  • reports to Child Protection Conference;
  • correspondence re complaint at Stage 1.

The meeting should seek to address areas of dissatisfaction and to resolve matters where possible. Following the meeting the complainant should receive a letter to confirm what was agreed and to advise the complainant of their right to move to Stage 3 within 28 days, if they are still dissatisfied.

The Local Authority Complaints Officer should be informed of the outcome of Stage 2 and receive a copy of this letter where there are complaints which relate to issues outside the procedure or, the complainant has separate complaints which are being addressed through the Local Authority Complains Process or NHS Complaints. The Safeguarding Children Partnership Business Manager should also be informed if the complainant wishes to progress to an Appeal Panel.

4. Stage 3 – The Complaint and Appeal Panel

If, within 20 working days of days of receipt of the Stage 2 letter, the complainant notifies the Complaints Manager that they remain dissatisfied and specifies reasons, arrangements must be made to convene, within 20 working days, a panel of a minimum of three individuals from the Safeguarding Partnership or its sub-groups.

The Complaints Manager in liaison with the senior child protection manager will make arrangements for this meeting, and the representative of the agency least directly involved in the case will normally fulfil the role of Panel Chair.

The Panel membership should include at least two from amongst Safeguarding Investigations Unit, Children’s Social Care, education and health agencies and the individuals should have had no previous or present direct line management responsibility for the case in question.

The Panel must be provided with the following documentation:

  • a formal request to convene;
  • a copy of the relevant conference record and the reports that were made available to the Conference;
  • Stage 1 meeting notes and correspondence;
  • a list of names, addresses and telephone numbers of the conference chair, all other professionals involved and the family concerned.

The Complaints Manager will liaise with the complainant throughout, and be available at the Panel, to advise on relevant processes.

The Panel should be convened within 20 working days of the receipt of the complainant’s letter and consider whether:

  • relevant inter-agency protocols and procedures have been observed correctly; and
  • if any decision in dispute follows reasonably from the processes employed and information presented.

The Panel will:

  • hear (either directly or in writing) from the complainant, the chair of the relevant Child Protection Conference and any other relevant person;
  • consider written material;
  • reach a decision;
  • agree the content of their decision letter to the complainant.

The Panel chair should ensure that the Panel’s conclusions should be put in writing to the complainant within 10 working days of its meeting and will:

  • confirm membership of the Panel;
  • state the decision reached;
  • provide concise information about how the decision was reached.

A recommendation must be made to re-convene the conference, under a different chair if:

  • procedures / protocols relating to the conference were not correctly followed; or
  • the procedures / protocols were correctly followed but the decision of the conference was unreasonable.

If the Panel concludes that procedures relating to the conference were correctly followed and that the decision/s reached were reasonable, it must confirm that the conclusions of the original conference stands and will be routinely reviewed when the Review Conference is held.

The Panel should also consider any specific concerns that may be relevant to communicate to agencies involved with the case and may make recommendations relating to practice or procedure to any safeguarding partner agency.

5. Reconvened Conference

The Chair of a reconvened Child Protection Conference (Initial or Review) must ensure that all those present have seen or are briefed at the Conference about the decisions reached by the Panel.

The Chair of a reconvened Child Protection Conference (Initial or Review) must ensure that all those present have seen or are briefed at the Conference about the decisions reached by the Panel.

A distinction must be made by the Conference Chair between the need to discuss the conclusions of the Panel and the task of the Child Protection Conference, which is to consider the child/ren’s current circumstances.

6. Further Challenge

No further internal processes exist in those cases where the Panel concludes that all relevant processes were followed and that the decisions which were made were reasonable.

A complainant who nonetheless remains dissatisfied may wish to pursue their grievances via the Ombudsman or a Judicial Review.

In what are likely to be very rare cases, where a re-convened Conference has been recommended, held and the complainant does not accept the outcome, the same Panel may (at the discretion of the Complaints Manager in liaison with the Senior Child Protection Manager) be asked to re-convene and review any remaining and clearly specified concerns.

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This chapter was last reviewed in February 2023.

Date of next review, April 2025.

1. Introduction

In accordance with Working Together to Safeguard Children, Flowchart 4 Action Following a Strategy Meeting, the Conference should consider whether or not the child is at risk of significant harm when determining whether the they should be safeguarded by means of a Child Protection Plan.

The test for likelihood of suffering Significant Harm in the future should be that either:

  • the child can be shown to have suffered ill-treatment or impairment of health or development as a result of Physical, Emotional, or Sexual Abuse or Neglect, and professional judgement is that further ill-treatment or impairment is likely; or
  • professional judgement, substantiated by the findings of enquiries in this individual case or by research evidence, is that the child is likely to suffer ill-treatment or the impairment of health and development as a result of physical, emotional or sexual abuse or neglect.

A child considered to be at continuing risk of Significant Harm should be safeguarded through a multi-agency Child Protection Plan unless the Conference is satisfied that an alternative multi-agency Plan can offer sufficient safeguards.

The Chair of a Conference is responsible for the Conference decision. They will consult with Conference members, aim for a consensus as to the need for a Child Protection Plan or not, but ultimately will make the decision and note any dissenting views.

The Chair must make a decision about the need for a Child Protection Plan based on the views of all agencies represented at the Conference and also take into account any written contributions that have been made.

2. Categories of Abuse or Neglect

If the decision is that the child is in need of a Child Protection Plan, Working Together to Safeguard Children states the Chair should determine under which category of abuse or neglect the child has suffered or is likely to suffer significant harm.

The category used (physical abuse, emotional abuse, sexual abuse or neglect) will indicate to those consulting the child’s social care record the primary presenting concern at the time the child became subject to a Child Protection Plan.

Multiple categories should not be used to cover all eventualities. On occasions it may be appropriate to use more than one category if:

  • each of the categories reaches the threshold for continuing risk of significant harm; and
  • a specific risk might otherwise be underestimated.

Emotional abuse should only be used as a second category if substantial concern is indicated.

The need for a Child Protection Plan should be considered separately in respect of each child in the family or household.

3. If a Child has a Child Protection Plan

Where a child has a Child Protection Plan, it is the role of the Conference to consider and make decisions on how agencies, professionals and the family should work together to ensure that the child will be safeguarded from significant harm in the future. This should enable both professionals and the family to understand exactly what is expected of them and what can they expect of others.

The Chair must ensure that the following tasks are completed:

  • that a Lead Social Worker is identified, and if this is not possible that a first line manager from Children’s Social Care is identified to act in that role in the interim;
  • identify the membership of the Core Group;
  • establish how the child, parents (including all those with Parental Responsibility) and wider family members should be involved in the ongoing assessment, planning and implementation process, and the support, advice and advocacy available to them;
  • establish timescales for meetings of the Core Group, production of a Child Protection Plan, and for Child Protection Review Conference;
  • outline what further action is required to complete the Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) and what other specialist assessments of the child and family are required to make sound judgements on how best to safeguard and promote the welfare of the child;
  • outline the Child Protection Plan in as much detail as possible, especially identifying what needs to change in order to achieve the planned outcomes to safeguard and promote the welfare of the child;
  • ensure a Contingency Plan is in place if agreed actions are not completed and/or circumstances change; for example, if a caregiver fails to achieve what has been agreed, a court application is not successful or a parent removes the child from a place of safety; and
  • agree a date for the first Core Group and Child Protection Review Conference.

Where a child has suffered, or is likely to suffer, significant harm in the future, it is the Local Authority’s duty to consider the evidence and decide what, if any, legal action to take. The information presented to the Child Protection Conference should inform that decision-making process but it is for the Local Authority to consider whether it should seek legal advice.

4. Outline Child Protection Plan

The outline Child Protection Plan should be outcome focused and:

  • identify factors associated with the likelihood of the child suffering Significant Harm and ways in which the child can be protected by means of a multi-agency Plan based on the current findings from the assessment and information held from any previous involvement with the child and family;
  • establish short-term and longer-term aims and objectives that are clearly linked to reducing the likelihood of harm to the child and promoting the child’s welfare including contact with family members;
  • be clear about who will have responsibility for what actions, including actions by family members, within what specified timescales;
  • outline ways of monitoring and evaluating progress against the planned outcomes set out in the Plan; and
  • be clear about which professional is responsible for checking that the required changes have taken place, and what action will be taken, and by whom, if they have not.

5. If a Child does not have a Child Protection Plan

If it is decided that the child is not at continuing risk of significant harm, but the child is in need of support to promote their safety, health and or development, the Conference must ensure that recommendations are made to this effect.

If the Conference is satisfied that a child considered to be at continuing risk of significant harm can be adequately safeguarded through an alternative multi-agency Plan, the Conference must ensure that recommendations are made to promote their safety, health and development.

6. Discontinuing the Child Protection Plan

In accordance with Working Together to Safeguard Children, Flowchart 5, What happens after the child protection conference, including review, a child should no longer be the subject of a Child Protection Plan if:

  • it is judged that the child is no longer suffering ,or likely to suffer, Significant Harm and therefore no longer requires safeguarding by means of a Child Protection Plan;
  • the child and family have moved permanently to another Local Authority area. In such cases, the receiving Local Authority should convene a Transfer Child Protection Conference within 15 working days of being notified of the move. Only after this event may the original Local Authority discontinue its Child Protection Plan; or
  • the child has reached 18 years of age (to end the Child Protection Plan, the Local Authority should have a review around the child’s birthday and this should be planned in advance), has died or has permanently left the United Kingdom.

When a child no longer has a Child Protection Plan, notification should be sent, as minimum, to all those agency representatives who were invited to attend the initial Child Protection Conference that led to the plan.

Where one or more agencies currently working with a child are not present at the Conference deciding on whether to discontinue the Child Protection Plan, the Chair may decide to seek their views first. This should be done in writing within 10 working days and written responses provided within 10 working days.

Discontinuation of the Child Protection Plan should not lead to the automatic withdrawal of help. The Lead Social Worker must discuss with parents and children what services are wanted and needed, based on the re-assessment of the child and family. The Core Group should also consider what continuing support should be offered and, where the discontinuation of the Child Protection Plan is recommended, they should also submit a Plan for the provision of the proposed continuing support, including the identification of a Lead Professional and which multi-agency professionals will continue their involvement.

Consideration should be given to holding a multi-agency meeting following the discontinuing of the Child Protection Plan to develop a suitable C Plan to support the child’s health and development which should be reviewed regularly thereafter.

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This chapter was last reviewed in September 2022.

Date of next review, September 2025.

The Chair of a Child Protection Conference will be independent and not have operational or line management responsibility for the case. The Conference Chair is accountable to the Director of Children’s Social Work.

The Chair should endeavour to meet with the family, child if appropriate and social worker prior to the Conference to ensure they understand the purpose of the Conference and how it will be conducted.

Where necessary, interpreters should be made available to facilitate family participation.

At the start of the Conference, the Chair should:

  • set out the purpose of the Conference;
  • confirm the agenda;
  • emphasise the need for confidentiality;
  • address equal opportunities issues e.g. specifying that racist, homophobic, religious hatred and threatening behaviour will not be tolerated;
  • endorse the Professional Difference Statement – see Statement on Acknowledging Professional Differences;
  • briefly outline the Conference Complaints process; and
  • clarify how the Conference will proceed and the role of those present, including supporters, legal advisers and observers.

During the Conference the Chair will ensure that:

  • the Conference maintains a focus on the welfare of the children;
  • consideration is given to all the children in the household;
  • all those present, including the parents and children if present, make a full contribution and that full consideration is given to the information they present.
  • reports of those not present are made known to the Conference;
  • the wishes and feelings of the children are clearly outlined;
  • issues of race, religion, language, class, gender, sexuality and disability are fully taken into account in the work of the Conference;
  • appropriate arrangements are made to receive third party confidential information; and
  • a decision is made as to whether the children should become, remain or cease to be on a Child Protection Plan.
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This chapter was last reviewed in September 2022.

Date of next review September 2025.

1. Introduction

The Child Protection Conference Report should include:

  • the Child Protection Conference Report should consider all siblings and children in the household under the age of 18;
  • a chronology, ideally including a genogram, of significant events, agency and professional contact;
  • the child’s current and past state of developmental needs;
  • dates when the child was seen by the Lead Social Worker during the Section 47 Enquiry, whether the child was seen alone and if not, who was present and for what reason;
  • the capacity of the parents and other family members to ensure the child is kept safe from harm and to respond to the child’s developmental needs within their wider family and environment;
  • the family history and current family circumstances;
  • the expressed views, wishes and feelings of the child, parents and other family member;
  • an analysis of the information gathered to reach a judgment on whether the child is suffering, or is likely to suffer significant harm and consider how best to safeguard and meet  their developmental needs;
  • an outline Plan detailing how the child’s identified needs will be met;
  • the Local Authority’s recommendation to the Conference on whether they consider the threshold for a Child protection Plan is met.

The Child Protection Conference Report should be written in a language that is easily understood to the family. The Report should be shared in person, with parents and older children to the extent that it is believed to be in their interests, at least three working days in advance of an Initial Conference, and five working days before a Review Conference, to enable any factual inaccuracies to be identified, discussed, amended as necessary and areas of disagreement noted. Where necessary, the Reports should be translated into the relevant language or medium.

It is the responsibility of Children’s Social Care to provide, and make available to those attending, their written report in advance of the Conference.

2. Information from Other Agencies

Regardless of whether an agency representative is *unable to attend, it is the responsibility of all agencies invited to the Conference to provide, and make available to all those attending, a written report in the required format in advance of the Conference.

*Whenever possible a well-briefed colleague should attend in their place.

Reports should be written in a language that is easily understood to the family. The Report should be shared with parents, and older children to the extent that it is believed to be in their interests, at least three working days in advance of an Initial Conference, and five working days before a Review Conferences, to enable any factual inaccuracies to be identified, discussed, amended as necessary and areas of disagreement noted. Where necessary, the Reports should be translated into the relevant language or medium. Agencies are responsible for providing redacted reports ie. in the case of a split Conference where information needs to be restricted from a parent/family member due to the risk of reprisals

Where the agency has information to share but is unable to do so in the presence of a parent or family member, discussion should take place with the Conference Chair prior to the Conference regarding how this should be managed within the Conference – see Exclusion of Family Members from a Conference.

Caution should be exercised when sharing information with families in cases of fabricated or induced illness

3.  Information from Children and Families

Children and family members should be helped in advance to consider what they wish to convey to the Conference, how they wish to do so and what help and support they will require, for example they may choose to communicate in writing, audio, or with the support of an advocate. Families may benefit from advice on the length of their submission, to enable proper consideration within the time constraints of the Conference.

Children and family member’s submissions will be attached to, or incorporated in, the Conference Record at the discretion of the Chair.

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Date of last review February 2023.

Date of next review April 2025.

Exceptionally, it may be necessary to exclude one or more family members from part or all of a conference. These situations will be rare, and the Conference Chair must be notified by the social worker, or a worker from any agency, if they believe based on the criteria below, that a parent should be excluded. This representation must be made as soon as possible and at least three working days in advance of the conference.

The worker concerned must indicate which of the grounds they believe are met and the information, or evidence, the request is based on. The Chair must consider the representation carefully and may need legal advice.

The Chair should make a decision in response to:

  • indications that the presence of the parent or family member might seriously prejudice the welfare of the child;
  • sufficient evidence that a parent or family member may behave in such a way as to interfere seriously with the work of the conference e.g. violence, threats of violence, racist discriminatory or oppressive behaviour, or being in an unfit state through drug, alcohol consumption or acute mental health difficulty. In their absence a friend or advocate may represent them at the conference;
  • a child asking that a parent, family member, person with parental responsibility or carer are not present while they are present;
  • the likelihood that the presence of a parents or family member would prevent a participant from making their proper contribution;
  • the need for members to receive confidential information that would otherwise be unavailable, such as legal advice or information about a criminal investigation;
  • potential conflicts between different family members indicating that they should attend at separate times e.g. in situations of domestic abuse.

If it becomes clear to the Chair that there may be conflict of interests between the children and parents or other family members, the conference should be planned so that the welfare of the child can remain paramount. This may mean arranging for the child and parents or other family members to participate in separate parts of the Conference and for separate waiting arrangements to be made. Any exclusion period should be for the minimum duration necessary and must be clearly recorded in the Conference Record.

It may also become clear at the beginning or in the course of a Conference, that its effectiveness will be seriously impaired by the presence of a parent or family member. In these circumstances, the Chair may ask them to leave.

Where a parent or family member is on bail, or subject to an active police investigation, it is the responsibility of the Chair to ensure that the police can fully present their information and views and also that the parents or family members participate as fully as circumstances allow. This may involve the Chair and police having a confidential meeting prior to the conference to agree a way of managing the process and the information.

The decision of the Chair over matters of exclusion is final regarding parents, family members and children.

If the Chair has decided, prior to the conference, to exclude or limit attendance by a parent or family member, this must be communicated to that person prior to Conference, ideally in writing. The social worker should have prepared the parent for the possibility that this may occur.

The parent or family member must be informed about how to make their views known, how they will be told the outcome of the conference and about the Complaints by Service Users Procedure. The parent or family member should be advised of the options for contributing to the Conference.

Those excluded should be provided with a copy of the social worker’s report to the conference, with sensitive information redacted if necessary, (three working days before an Initial Conference and five working days before a Review Conference) and the social worker should provide them with the opportunity to have their views recorded and presented to the Conference.

If a decision to exclude a parent is made, this must be fully recorded in the Conference Record. Exclusion from one Conference is not necessarily a reason for exclusion from a further Conference.

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This chapter was reviewed in July 2022.

Next due for review July 2025.

1. Involving Parents and Carers

Parents and carers must be invited to conferences (unless exclusion is justified as described in Exclusion of Family Members from a Conference chapter). Parents / others with parental responsibility who no longer live with the children should also be invited. Consideration for inviting fathers of unborn children, although they do not have parental responsibility, should also be given.

The social worker must facilitate their constructive involvement by ensuring in advance of the conference that they are given sufficient information and practical support to make a meaningful contribution. This includes:

  • explaining to parents/carers the purpose of the meeting, who will attend, the way in which it will operate, the purpose and meaning of a Child Protection Plan and the complaints process;
  • consideration of childcare arrangements to enable the attendance of parent(s);
  • those for whom English is not a first language must be offered an interpreter. A family member should not be expected to act as an interpreter of spoken or signed language (see Working with Interpreters, Signers or Others with Communication Skills to Safeguard Children Procedure);
  • documents should be translated into the parents’ preferred language;
  • provision should be made to ensure that visually or hearing impaired or otherwise disabled parents / carers are enabled to participate;

If parents / carers feel unable to attend the Conference, alternative means should be provided for them to communicate with the Chair of the Conference.

The family should be provided with written information about the conference to include:

  • the right to bring a friend, supporter or an advocate;
  • that if the family is accompanied by a solicitor their role is limited to that of a supporter;
  • details of local advice and advocacy services; and
  • the conference complaints procedure

Written information about conferences should be left with the family and include references to:

  • the right to bring a friend, supporter or an advocate;
  • the fact that if the family is accompanied by a solicitor her /his role is limited to that of a supporter;
  • details of local advice and advocacy services; and
  • the Conference complaints procedure.

The role of the supporter is to enable the parent/carer to put their point of view, not to take an adversarial position or cross-examine participants.

2. Involving Children

The child, subject to their level of understanding, needs to be given the opportunity to contribute their wishes and feelings meaningfully to the Conference.

In practice, the appropriateness of including an individual child must be assessed in advance and relevant arrangements made to facilitate attendance at all or part of the Conference.

Where it is assessed, in accordance with the criteria below, that it would be inappropriate for the child to attend, alternative arrangements should be made to ensure their wishes and feelings are made clear to all relevant parties – for example use of an advocate, written or taped comments.

3. Criteria for Presence of Child at Conference

The primary issues to be considered are:

  • the child’s level of understanding of the process;
  • any expressed or implicit wish to be involved;
  • the parent / carer’s views about the child’s proposed presence;
  • whether inclusion is assessed to be of benefit, or could pose a risk, to the child.

The test of ‘sufficient understanding’, is partly a function of age and partly the child’s capacity to understand. Generally, a child of less than 12 years of age is unlikely to be able to be a direct and / or full participant in a conference. An older child is potentially able to contribute, but each should be considered individually in the light of maturity and cognitive development.

To establish their wish with respect to attendance, the child must be first provided with a full and clear explanation of purpose, conduct, membership of the Conference and potential provision of an advocate or support person.

Written information translated into the preferred language should be provided to those able to read and an alternative medium, for example audio, offered those who cannot read.

4. Indirect Contributions When a Child is not Attending

Indirect contributions from a child might include a pre-meeting with the Conference Chair.

Other indirect methods include written statements, emails, text messages and audio comments prepared alone or with independent support, and representation via an advocate.

5. Direct Involvement of a Child in a Conference

In advance of the conference, the Chair and social worker should agree whether:

  • the child attends for all or part of the conference, taking into account confidentiality of parents and/or siblings;
  • they should be present with one or more of their parents;
  • the Chair meets the child alone or with a parent / carer prior to the meeting.

If the child attends all or part of the conference, it is essential that they are prepared by the social worker or independent advocate, who can help them prepare a report or rehearse any particular points that the child wishes to make.

Those for whom English is not a first language should be offered and provided with an interpreter.

Provision should be made to ensure that a child who has any form of disability is enabled to participate.

Consideration should be given to enabling the child to be accompanied by a supporter or an advocate.

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This policy was last reviewed in September 2022.

Next review September 2025.

The primary principle for determining quoracy is that there should be sufficient agencies or key disciplines present to enable safe decisions to be made in the individual circumstances. Minimum representation is Children’s Social Care and at least two other agencies or key disciplines that have had direct contact with the child and family. In a case relating to fabricated or induced illness, it is important to ensure the paediatrician is able to attend.

Where a Conference is inquorate it should not ordinarily proceed, and the Chair must ensure that either:

  • an interim protection plan is produced; or
  • the existing plan is reviewed with the professionals and family members that do attend, so as to safeguard the welfare of the child/ren;
  • and consideration is given to the likelihood of repeat inquoracy if the Conference is adjourned.

Another Conference date, usually within a month, must be set immediately (within 10 working days for ICPC).

In the following circumstances the Chair may decide to proceed with the conference despite lack of agency representation. This would be relevant where:

  • Children’s Social Care and one other agency are represented;
  • a child does not have relevant contact with three agencies;
  • there are local difficulties concerning agency attendance (this must also be reported to the senior child protection manager / Head of Service and the safeguarding partners via the Safeguarding Children Partnership);
  • where sufficient information is available; and
  • a delay will be detrimental to the child.

If a conference proceeds in line with any of the circumstances set out under in Section 1, General Attendance in Membership of Child Protection Conferences chapter, then consideration should be given to an early Review Conference.

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Last reviewed in July 2022.

Date of next review July 205.

1. General Attendance

Conferences participants should be there because they may have a significant contribution to make, arising from professional expertise, knowledge of the child or family or both.

Attendees should include the Chair and Core Group members.

All agencies, including the relevant health professionals, for example, Paediatricians* and GPs must provide a written report for the meeting that has been shared with the family*, regardless of whether they attend or not.

Police will not generally share reports prior to the meeting. It the Police are not in attendance, the report should be read out and summarised in the record.

* If the paediatrician is unable to attend the conference it is important that their report is written in a way that is understandable to non-medical professionals and the family, if appropriate.

** In cases of FII and perplexing presentations there should be careful consideration and joint decision when and by whom reports will be shared with parents / carers. This should be decided in prior strategy discussions. Reports and concerns about FII should not be shared with parents / carers for the first time at Conference (please refer to Fabricated or induced illness and Perplexing Presentations chapter).

All professionals with a need to know or who have a contribution to the task involved should be invited. This should extend to professionals involved with the parents, partners or other family members, including, but not limited to; GP, family support services, adult mental health services, probation, drug and alcohol services.

Probation must also always be asked to provide written information to the meeting detailing whether they are currently or have been involved with any member of the family and the reasons for involvement.

2. Legal Attendance at Conferences

The Law Society provides professional guidance on attendance by lawyers at Child Protection Conferences. Their role is as a supporter or representative for the child, parents or on behalf of the local authority, but the process is not a court or tribunal and the adversarial role is not appropriate.

The local authority solicitor is both a legal adviser to the chair and to the local authority, although will not normally provide this advice during the conference. They may not question parents directly and in exceptional circumstances may have to withdraw if there are any indications that admissions are to be made by parents.

The solicitor for a parent or child may attend in the role of representative of child or supporter of parent to assist their clients to participate and, with the chair’s permission to speak on their behalf.

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Last reviewed in July 2022.

Date of next review July 2025.

1. Purpose of the Review Child Protection Conference

The Pan Sussex Child Protection and Safeguarding Policy and Procedures Group recommend the following statement is read out at all relevant meetings.

Professional Difference Statement:

It is acknowledged that when working in the arena of safeguarding, it is inevitable that from time to time there will be professional differences.  This is a positive activity and a sign of good professional practice and effective multi-agency working. During this meeting practitioners, irrespective of their seniority are encouraged to say if they feel that decisions, practice or actions do not effectively ensure the safety or well-being of the child / children.

The purpose of the Review Conference is to:

  • review the safety, health and development of the child against the planned outcomes set out in the Child Protection Plan;
  • ensure that the child continues to be safeguarded from harm.

Consider whether the Child Protection Plan should continue in place or should be changed.

The Child Protection Review Conference should consider and decide whether a child continues to be at risk of Significant Harm and in need of a Child Protection Plan. The same threshold should be used to reach a judgment as is used at an Initial Child Protection Conference.

Decisions on continuing a Child Protection Plan should be based on risk and not as a means of securing a particular level of support.

If the Child Protection Plan continues, the relevance of the category of significant harm should be reviewed.

2. Timing of the Review Child Protection Conference

Please see Pre-Birth Conference chapter for timings related to Pre-Birth Conferences.

If a child is made the subject of a Child Protection Plan, the first Review Conference must be held within three months of the Initial Conference.

Further reviews must be held at intervals of not more than 6 months, for as long as the child remains on a Child Protection Plan.

Consideration should always be given to bringing the date of a Conference forward:

  • where a child on a Child Protection Plan is Looked After by a Local Authority and consideration is being given to returning them to the circumstances which required a Child Protection Plan (unless this step is anticipated in the existing protection plan);
  • where the Core Group believes that the Child Protection Plan is no longer required.
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Last reviewed in Feb 2023.

Date of next review April 2025.

1. Professional Difference Statement

The Pan Sussex Child Protection and Safeguarding Policy and Procedures Group recommend the following statement is read out at all relevant meetings.

Professional Difference Statement:

It is acknowledged that when working in the arena of safeguarding, it is inevitable that from time to time there will be professional differences. This is a positive activity and a sign of good professional practice and effective multi-agency working. During this meeting practitioners, irrespective of their seniority are encouraged to say if they feel that decisions, practice or actions do not effectively ensure the safety or well-being of the child / children.

2. Permanent Move

On the rare occasion where the child has moved abroad permanently while on a Child Protection Plan and all relevant agencies abroad have been notified that it is the view of the Core Group that no further work can be undertaken, the Chair of the Child Protection Conference will notify the Heads of Safeguarding and Children’s Social Care and seek their authority for the child’s child protection plan to be closed. The Head of Safeguarding will notify local partner agencies of the decision.

When Children’s Social Care is notified that a child with a Child Protection Plan moves into the authority’s area, the responsibility for the Child Protection Plan rests with the Originating Authority, until the Transfer Conference.  Local staff should cooperate with the Lead Social Worker from the Originating Authority to implement the Child Protection Plan.

If a situation arises where the worker in the Receiving Authority is unable to make contact with the child / family, this should be a cause for concern. Advice should be sought from the designated safeguarding lead in the worker’s organisation without delay.

2.1 Actions to be taken in the child’s Originating Authority

If anyone becomes aware of a child with a Child Protection Plan moving out of their home area, or a plan for the child to move , they must inform the child’s Lead Social Worker or, if not available, the Lead Social Worker’s line manager.

The Lead Social Worker will:

  • provide relevant details pertaining to the child and family to the Receiving Authority including a copy of the most recent Child Protection Plan;
  • inform the Conference Chair and the Core Group of the change in circumstances;
  • inform the local Designated Nurse and the Local Authority’s ‘s Education Safeguarding Officer so as the applicable health and education agencies in the new area are fully informed;
  • undertake enquiries to ensure that protective action is taken to safeguard the child in the new area until the Transfer Child Protection Conference has taken place;
  • attend any Transfer Child Protection Conference in the new area.

The Transfer Conference should be treated as an Initial Conference in the Receiving Authority. Only after this event may the Originating Authority discontinue its Child Protection Plan for the child. Discontinuation of the Child Protection Plan should only be agreed following a full risk assessment of the child and family in their new situation.

The Lead Social Worker from the Originating Authority must be invited to the Transfer Conference and is expected to submit a report that has been shared with the child and family at least five working days before the Conference. The Receiving Authority must provide a copy of the Conference Record for the child’s record in the Originating Authority.

3. Temporary Moves

A temporary move could cover a range of situations from holiday stays to short stay placement moves to relatives or residential units; the circumstances should always be checked with the child’s Lead Social Worker.

Whenever a child with a Child Protection Plan moves out of their Local Authority area for a temporary period, however long or short, the Receiving Authority, where the child is temporarily staying, must be advised and provided with all relevant information, including personal details and the current Child Protection Plan, along with necessary contact numbers.

The Lead Social Worker should contact the Safeguarding Unit in the area the child is temporarily residing in and request that the Receiving Authority records the child as having a temporary Child Protection Plan with their Authority for the duration of the child’s stay.

It is good practice for the Lead Social Worker’s Manager to contact the relevant Manager in the Receiving Authority’s Children’s Social Care Service.

It is the Originating Authority’s responsibility to ensure the Child Protection Plan continues to be implemented until the formal transfer has been agreed at a Transfer Conference, as this would only occur following a permanent move.

4. Moving Abroad

Whenever professionals are working with a family for whom there are outstanding concerns about a child or unborn baby’s safety or welfare and they suspect that a family may have moved overseas, Children’s Social Care Services and the Police should be informed immediately.

Where a child with a Child Protection Plan moves abroad (whether planned or unplanned) the Lead Social Worker and Conference Chair should consider whether to reconvene a Review Conference or Core Group to determine what action to take. Appropriate steps should be taken to inform the relevant local and overseas authorities in the country to which the child has moved of any concerns.

Consideration needs to be given to appropriate legal interventions if it appears that a child, who has outstanding concerns in relation to their safety and welfare, may be removed from the UK by their family in order to avoid the involvement of agencies with safeguarding responsibilities. This also applies when a child on a Care Order has been removed from the UK. Children’s Social Care Services, the Police Child Abuse Investigation Team and the International Child Abduction and Contact Unit at the Ministry of Justice should be informed immediately.

In the case of children taken overseas, it may be appropriate to contact the Consular Directorate at the Foreign and Commonwealth Office, which offers assistance to British nationals in distress overseas (020 7008 1500). They may be able to follow up a case through their consular post/s in the country concerned.

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Date of last review July 2022.

Date of next review July 2025.

1. Introduction

The Pan Sussex Child Protection and Safeguarding Policy and Procedures Group recommend the following statement is read out at all relevant meetings.

Professional Difference Statement:

It is acknowledged that when working in the arena of safeguarding, it is inevitable that from time to time there will be professional differences.  This is a positive activity and a sign of good professional practice and effective multi-agency working.   During this meeting practitioners, irrespective of their seniority are encouraged to say if they feel that decisions, practice or actions do not effectively ensure the safety or well-being of the child / children.

A Pre-Birth Conference should be conducted as if it were an Initial Child Protection Conference concerning an unborn child.

A pre-birth Conference should be held where a:

  • pre-birth assessment gives rise to concerns that an unborn child may be at risk of significant harm;
  • previous child has died or been removed from parent(s) as a result of significant harm;
  • child is to be born into a family or household which already have children on Child Protection Plans;
  • person identified as presenting a risk, or potential risk, to children, lives in the household or is known to be a regular visitor.

Other risk factors to be considered are:

  • the impact of risk factors relating to mental ill-health, learning disabilities, substance misuse and domestic violence;
  • a mother under 16 for whom there are concerns regarding her ability to self-care and / or to care for the child.

All agencies involved with a pregnant person and / or the putative (assumed) father who have concerns should consider the need for an early Referral to Children’s Social Care so that assessments are undertaken, and family support services provided, as early as possible in the pregnancy.

2. Timing of Conference

The pre-birth Conference should take place as soon as is practicable and ideally no later than 28 weeks gestation, so as to allow as much time as possible for planning support for the pregnancy and the birth of the baby.

Where there is a known likelihood of a premature birth, the Conference should be held earlier.

3. Attendance

Those who normally attend an Initial Child Protection Conference must be invited (see Membership of Child Protection Conference chapter). In addition representatives of the midwifery and relevant neo-natal services should also be invited.

Parents or carers should be invited as they would to be any other Child Protection Conferences and should be fully involved in plans for the child’s future.

4. The Development of a Pre-Birth Child Protection Plan

If a decision is made that the child requires a Child Protection Plan, the main cause for concern must determine the category of concern and a protection plan be outlined to commence prior to the birth of the baby. Read more about implementing a Child Protection Plan in Implementation of the Child Protection Plan: Lead Social Worker and Core Group Responsibilities chapter.

The Core Group must be established and is expected to meet prior to the birth, and certainly prior to the baby’s return home after a hospital birth.

5. Timing of Review Conference Following a Pre-Birth Conference

The Child Protection Plan only comes into effect when the child is born.

  • In Brighton & Hove and East Sussex, the plan should be reviewed at a Review Conference within three months of the child’s birth.
  • In West Sussex, the Child Protection Plan should be reviewed at a Review Child Protection Conference (RCPC) scheduled to take place no later than 12 weeks (3 months) from the ICPC, ideally before the child is born. The chair should consider convening an RCPC sooner than three months after the ICPC if this is likely to fall close to the child’s estimated date of delivery. If the decision at the first RCPC is for the unborn or new-born child to remain on a child protection plan, consideration should be given to convening an earlier further RCPC (that is, within three months of the child’s birth or first review) given the vulnerability of a new-born baby and importance of the early days of their life.

The Conference Chair will decide the date.

6. Pre-birth Planning for Care Leavers

See Pre-birth Planning for Care Leavers and Children / Young People Under 18 Who Become Parents for further information.

7. Safer Sleeping

7.1 Importance of safer sleep conversations

It is crucial for social workers and practitioners to engage in meaningful conversations with parents and carers of babies and very young children about safer sleep practices. Sudden Infant Death Syndrome (SIDS), though rare, can often be prevented through informed and proactive measures. Educating parents and carers on how to reduce the risk of SIDS is a vital aspect of safeguarding infants.

Safer Sleeping – 9 minute briefing v2.pdf

SUDI STOP information – Pan-Sussex.pdf

7.2 Reducing the Risk of SIDS

To reduce the risk of SIDS, practitioners should convey the following key recommendations from The Lullaby Trust:

  • always place babies on their backs to sleep, both during day and night;
  • ensure the baby’s head is uncovered while sleeping;
  • use a firm, flat, and waterproof mattress in good condition;
  • keep the baby in a smoke-free environment before and after birth;
  • place the baby to sleep in a separate cot or Moses basket in the same room as the parents for the first six months;
  • avoid co-sleeping with the baby, particularly on sofas or armchairs, and especially if the parent or carer has consumed alcohol, drugs, or is extremely tired;
  • do not let the baby get too hot; keep the room at a comfortable temperature (16-20°C is ideal) and use lightweight blankets.

The Lullaby Trust provides comprehensive guidelines and advice that can help in disseminating this critical information effectively. See How to Reduce the Risk of SIDS for your Baby (The Lullaby Trust).

7.3 Addressing unplanned sleeping arrangements and bed poverty

Practitioners must be particularly vigilant in situations where there are unplanned sleeping arrangements or bed poverty. These conditions increase the risk of unsafe sleeping practices. It is essential to provide parents and carers with practical solutions and resources to create safe sleeping environments, regardless of their circumstances. This may involve:

  • providing or facilitating access to appropriate sleeping equipment, such as cots or Moses baskets;
  • offering guidance on setting up safe sleep spaces within the home;
  • connecting families with local services and charities that can assist with bedding and furniture needs.

7.4 Integration into Child in Need and Child Protection Plans

Ensuring safer sleep practices should be a standard component of all Child in Need and Child Protection Plans for babies.

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Last reviewed in September 2022.

Date of next review September 2025.

1. Purpose of the Initial Child Protection Conference

The Pan Sussex Child Protection and Safeguarding Policy and Procedures Group recommend the following statement is read out at all relevant meetings.

Professional Difference Statement:

It is acknowledged that when working in the arena of safeguarding, it is inevitable that from time to time there will be professional differences.  This is a positive activity and a sign of good professional practice and effective multi-agency working.   During this meeting practitioners, irrespective of their seniority are encouraged to say if they feel that decisions, practice or actions do not effectively ensure the safety or well-being of the child / children.

Following Section 47 enquiries, an Initial Child Protection Conference brings together family members (and the child where appropriate), with the supporters, advocates and practitioners most involved with the child and family, to make decisions about the child’s future safety, health and development. If concerns relate to an unborn child, consideration should be given as to whether to hold a Child Protection Conference before the child’s birth.

A request to convene a Child Protection Conference may be made by a senior staff member of any of the member agencies and should be made and responded to in writing to either a Service Manager or a Child Protection Adviser.

The Conference must consider all siblings and all the children in the household, even if concerns are only being expressed about one child.

In some cases, it may be appropriate to develop a Child Protection Plan for only one (or more) of the children within a household. Further information, see Implementation of the Child Protection Plan: Lead Social Worker and Core Group Responsibilities chapter.  If significant concerns arise subsequently about a sibling (or others in the household), a further Initial Conference must be held. Where practicable, it should be combined with the Child Protection Review Conference concerning the child who already has a Child Protection Plan.

2. Timing of Initial Child Protection Conference

The Initial Child Protection Conference should take place within 15 working days of the  Strategy Discussion or, where more than one Strategy Discussion took place, of the Strategy Discussion at which the Section 47 Enquiry was initiated.

The Initial Conference should, where possible, be held before expiry of an Emergency Protection Order, if further legal action is planned.

Where a Child Assessment Order has been made the Conference should be held immediately on conclusion of examinations and assessments.

In exceptional circumstances, the Initial Child Protection Conference may be purposefully delayed.  Authorisation and rationale for the delay must be recorded on the child’s file. It is good practice for a senior Manager in Children’s Services to arrange to notify all relevant agencies and ensure that risks to the child are monitored, and an interim plan is in place to safeguard the child.

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This policy was last reviewed in July 2022.

Date of next review July 2025.

1. Dissent at Referral and Enquiry Stage

The Pan Sussex Child Protection and Safeguarding Policy and Procedures Group recommend the following statement is read out at all relevant meetings.

Professional Difference Statement: It is acknowledged that when working in the arena of safeguarding, it is inevitable that from time to time there will be professional differences.  This is a positive activity and a sign of good professional practice and effective multi-agency working.   During this meeting practitioners, irrespective of their seniority are encouraged to say if they feel that decisions, practice or actions do not effectively ensure the safety or wellbeing of the child / children.

Professionals providing services to children and their families should work cooperatively across all agencies, using their skills and experience to make a robust contribution to safeguarding children and promoting their welfare within the framework of discussions, meetings, conferences and case management.

All agencies are responsible for ensuring that their staff are competent and supported to escalate appropriately intra-agency and inter-agency concerns and disagreements about a child’s wellbeing.

Concern or disagreement may arise over another professional’s decisions, actions or lack of actions about a referral, an assessment or an enquiry.

Professionals should attempt to resolve differences through discussion and / or meeting within a timescale, which is acceptable to both of them, usually within a working week or a timescale that protects the child from harm (whichever is less).

Each Safeguarding Children Partnership has a forum that reviews (intending to improve) joint working practice in respect of inter-agency child protection processes. The forums afford an opportunity for safeguarding managers across the partnership to have open and honest conversations about what is and is not working. Practitioners are encouraged to share any cases where there are early concerns about the effectiveness of multi-agency working.  You can refer a case here – see Local Contacts.

Most day-to-day inter-agency differences of opinion will  require a Children’s Social Care Manager to liaise  with their  (first line manager) equivalent in the relevant agency, for example:

  • a detective sergeant;
  • a designated safeguarding children health professional;
  • designated safeguarding children teacher.

These first line managers should seek advice from their agency’s designated safeguarding children professional.

If agreement cannot be reached following discussions between the above ‘first line’ managers, within a further working week or a timescale that protects the child from harm (whichever is less), the issue must be referred without delay through the line management to the equivalent of service manager / detective inspector / headteacher or other designated safeguarding children senior professional.

Alternatively (for example in health services), input may be sought directly from the designated safeguarding children doctor or nurse in preference to line management.

The professionals involved in this conflict resolution process must contemporaneously record each intra- and inter-agency discussion they have, approve and date the record and place a copy on the child’s file together with any other written communications and information.

2. Dissent with Decision to call a Child Protection Conference

A request to convene a Child Protection Conference may be made by a senior staff member of any of the member agencies and should be made and responded to in writing to either a Service Manager or a Child Protection Adviser.

A decision not to convene a conference must be confirmed in writing to the requesting agency/ies, giving reasons.

Where there remain differences of view over the need for a Conference in a specific case, every effort will be made to resolve them through discussion and explanation.

As a last resort the decision to hold the conference will be made by the senior child protection manager following discussion with the relevant Safeguarding Children Partnership members.

3. Professional Dissent at Child Protection Conference

To dissent means that a professional disagrees so strongly with the Conference decision that they cannot have their professional name attributed to the decision.

This dissent process is for professionals only and should not be confused with the rights of parents and children to complain about the service they have received from the local authority or any other agency working with their family.

It is imperative that agencies work together to safeguard children. However, there may be occasions where an agency representative has concerns about the outcome of a Child Protection Conference and feel that threshold has or has not been met for a child or children to be on a Protection Plan.

These must be raised within 72 hours of the conference meeting.

All professionals should be clear about the distinction between personally disagreeing with the outcome of a Child Protection Conference and making a professional judgement to uphold that decision and formally dissenting; this is the process by which you ask for your view to be formally recorded in the minutes and taken further, in line with the formal dissent process set out below.

4. Dissent Process

The Child Protection Reviewing Officer will ensure Conference members understand the dissent process and will empower professionals to dissent if they do not agree with the decision that has been made.

All dissents will be recorded formally within the Chair’s Summary and Plan and the Chair will notify their line manager immediately.

The Head of Safeguarding and Review service will review the reports submitted to Conference, the Chair’s summary and plan. They will communicate with the dissenting professional before deciding about whether to uphold the dissent and reconvene Conference.

This decision will be made within 10 working days of the Conference. Any reconvened Conference will be held within 15 working days of the reviewing manager’s decision.

All professionals who have dissented at a Child Protection Conference will need to discuss their reasons with their line manager / safeguarding leads.

Professionals should read the Pan Sussex Professional Challenge Resolving Professional Differences Guidance (and link to attachment).

5. Dissent regarding the Implementation of the Child Protection Plan

Concern or disagreement may arise over another professional’s decisions, actions or lack of actions in implementing the Child Protection Plan, including the timing, quoracy or decision-making of Core Group meetings, progress of the plan or professional practice.

Professionals should always attempt to resolve differences in line with the actions outlined above.

6. Where Professional Differences Remain

If professional differences remain unresolved, the matter must be referred to the professional leads for safeguarding and child protection within the agencies involved and include the senior child protection manager.

If the issue is not resolved by the steps described above and / or the discussions raise significant policy issues, the matter should be referred urgently to the Safeguarding Partnership for resolution – Local Contacts.

See also – Pan Sussex Escalation Policy

Professionals in all agencies have a responsibility to act without delay to safeguard the child (e.g. by calling for a case to be allocated or for a Strategy Discussion, for a Core Group meeting or a Child Protection Conference or Review Conference).

Specialist facilities such as specialist children’s hospitals or a psychiatric or other mother and baby unit must have in place a conflict resolution protocol that sets out how conflict resolution will be managed, through the line management of the specialist facility and the LA Children’s Services or other services with responsibility for the child. This protocol should take into account the role of the LA Children’s Children’s Services in the locality of the specialist service.

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Last reviewed in July 2022.

Date of next review July 2025.

The focus of the Child Protection Conference is to bring together and analyse, in an inter-agency setting, all relevant information and plan how best to safeguard and promote the welfare of the child. It is the responsibility of the conference to make recommendations on how organisations and agencies work together to safeguard the child/ren and any siblings in future.

A request to convene a Child Protection Conference may be made by a senior staff member of any of the member agencies and should be made and responded to in writing to either a Service Manager or a Child Protection Adviser.

Each Safeguarding Partnership has their own threshold criteria to support decision making around the level of risk. See Thresholds chapter.

All agencies must make reasonable efforts to ensure that staff involved in child protection work are committed to and achieve:

  • sharing of information;
  • careful preparation for conferences, including the provision of reports;
  • attendance at conferences;
  • contribution to decision making;
  • delivery of actions that are planned to safeguard the child/ren.

All those participating in Conferences, either directly or through the provision of written information should clearly distinguish between fact, observation, allegation and opinion.

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Last reviewed in July 2022.

Next review in July 2024.

1. Introduction

If there is reasonable cause to suspect a child is suffering, has suffered or is likely to suffer significant harm, Children’s Social Care should convene a Strategy Discussion. Any professional, supported by a senior manager / named or designated professional, can request a Strategy Discussion, but it will be for Children’s Social Care to determine whether a Strategy Discussion is convened.

Depending on the nature of the concerns and the urgency of the situation, the Strategy Discussion may be undertaken via an actual meeting, whether face to face or via virtual means (for example Teams) or through a telephone discussion with the participants.

On some occasions, strategy meetings will be face to face, however the majority of strategy meetings are held virtually, for example via Teams. Meetings are likely to be more effective in complex types of maltreatment or neglect such as when there is:

More than one Strategy Discussion may be required.

When the information on which the decision-making of a previous Strategy Discussion is based changes significantly, or there is a change in circumstances or a decision shift which impacts initial decision making,  a further Strategy Discussion should be convened to review that earlier decision-making. Attendance requirements are the same as for the first strategy discussion, including relevant health professionals.

Strategy Discussions and subsequent Review Strategy Discussions must be convened when appropriate and at timely, child centred intervals where there are ongoing allegations to specifically co-ordinate and plan responses (including the investigation) and to progress outstanding actions. For children who are looked after it is particularly important for multi-agency discussion to continue at regular intervals. This ensures that children and young people who are in care have their ongoing needs met (for example, therapeutic support).

2. Purpose of a Strategy Discussion

The discussion should be used to:

  • share available information;
  • agree the conduct and timing of any criminal investigation, including ABE interview;
  • decide whether a Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) and Section 47 Enquiry should be initiated, or continued if it has already begun;
  • plan how the Section 47 Enquiry should be undertaken (if one is to be initiated), including the need for medical assessment (a decision to have a medical should not be made by the social worker and Police alone and will require a discussion with a Paediatrician or a health with relevant expertise) and who will carry out what actions, by when and for what purpose (see Section 47 Enquiries Procedure, Liaison between Children’s Social Care and the Police – Single or Joint Agency Enquiries / Investigations);
  • agree what action is required immediately to safeguard and promote the welfare of the child, and/or provide interim services and support. If the child is in hospital, decisions should also be made about how to secure the safe discharge of the child;
  • determine what information from the Strategy Discussion will be shared with the family, unless such information sharing may place a child at increased risk of significant harm or jeopardise police investigations into any alleged offence/s; and
  • determine if legal action is required.

Relevant matters will include:

  • agreeing a plan for how the Family Assessment (also referred to a Child and Family Assessment or Strengthening Families Assessment) will be carried out – what further information is required about the child(ren) and family and how it should be obtained and recorded;
  • agreeing who should be interviewed, by whom, for what purpose, and when. The way in which interviews are conducted can play a significant part in minimising any distress caused to children, and increasing the likelihood of maintaining constructive working relationships with families. When a criminal offence may have been committed against a child, the timing and handling of interviews with victims, their families and witnesses, can have important implications for the collection and preservation of evidence;
  • agreeing when the child will be seen alone (unless to do so would be inappropriate for the child) by the Lead Social Worker. It’s important to consider the child’s wishes and feelings and how they can be ascertained. During the course of these enquiries and the methods by which the child’s wishes and feelings will be ascertained so that they can be taken into account when making decisions under section 47 of the Children Act 1989
  • considering the race, ethnicity and any disabilities of the child and family, consider how this should be taken into account, and establish whether an interpreter or intermediary will be required; and
  • considering the needs of other children who may affected, for example, siblings and other children, such as those living in the same establishment, in contact with alleged abusers.

3. Participants to Strategy Discussion

The Strategy Discussion requires professionals sufficiently senior to be able to contribute and to attend with relevant information from their agency. Exceptional circumstances may arise where other professionals may usefully contribute.

The Strategy Discussion should ordinarily be coordinated by the Children’s Social Care first line manager, who will chair any Strategy Discussions held.

The discussion must involve Children’s Social Care, the Police and health practitioners. Other relevant agencies who are involved with the child should also be included such as, the referring agency, the Sexual Assault Referral Centre (SARC), the child’s nursery / school, any health services the child or family members are receiving and (where relevant) the registered owner of the service involved and the registration authority (for example Ofsted). All participants should be aware that a Strategy Discussion is a confidential professionals meeting and as such notes of the meeting should not be shared within anyone without the permission of the Chair.

Where issues have significant medical implications, or a paediatric examination has taken place or may be necessary, a paediatrician should always be included, or consulted.

If the child is or has recently been receiving services from a hospital or child development team, including CAMHS, the discussion should involve the responsible medical consultant and, in the case of in-patient treatment, a senior ward nurse or medical consultant must be considered essential.

The local authority solicitor’s involvement may be appropriate.

Consideration should be given to the need to include a professional with expertise in particular cases of complex forms of abuse and neglect.  Where parents or adults in the household are experiencing problems such as domestic abuse, substance misuse or mental illness, it will also be important to consider involving the relevant adult services professionals.

Foster Carers should not attend Strategy Discussions, however their views and professional judgements should be represented by a Supervising Social Worker.

4. Inquorate Strategy Discussion

If a pre-arranged Strategy Discussion does not go ahead because of a late notice withdrawal from a key agency, this should be escalated by the Children’s Social Care lead with the absent agency’s lead through the line management within the agency.

If Children’s Social Care fail to attend the Police MASH / Integrated Front Door / Front Door / SPOA Officer allocated to attend the Strategy Discussion should immediately escalate non-attendance to the Children’s Social Care Duty Manager.

The absent agency Lead’s details and time of notification of absence should be recorded on Children’s Social Care and police systems.

Incidences of late notification of non-attendance by an agency should be reviewed to identify learning.

5. Location of Strategy Discussion

Discussions that take the form of a face to face or virtual meeting should be held at a convenient location and time to enable the key attendees to join for example Children’s Social Care office, police station, hospital, GP surgery or school.

6. Recording of Strategy Discussion

It is the responsibility of the chair of the Strategy Discussion to ensure that the decisions and agreed actions are fully recorded using the agreed form. A copy should be made available as soon as possible and within one working day for all participants, and invitees, including the GP.

Parents seeking access to these records should follow the appropriate agency’s disclosure processes. All parties need to be consulted prior to disclosure of the records.

7. Timing of Strategy Discussion

Initial Strategy Discussions should generally be held within three working day of receipt of referral, but see exceptions below.

In the following circumstances, a Strategy Discussion must be held on the day of the referral:

  • allegations / concerns indicating a serious risk to the child (for example serious physical injury or serious neglect);
  • allegations of recent sexual abuse (to ensure forensic evidence).

Where immediate action was required by any agency to safeguard and protect the child prior to a Strategy Discussion, a discussion must be held within one working day of the action – see also Section 4, Immediate Protective Action, Action on Receipt of Referrals chapter.

Where the concerns involve complex forms of abuse and neglect a Strategy Discussion must take place as soon as practicable whilst ensuring the need to have the relevant expertise and professionals present.

The plan made at the Strategy Discussion should reflect the requirement to convene an Initial Child Protection Conference  within 15 working days of the Strategy Discussion or, where more than one Strategy Discussion has taken place, within 15 working days of the Strategy Discussion that initiated the Section 47 Enquiry.

8. Professional Difference at a Strategy Discussion

The Pan Sussex Child Protection and Safeguarding Policy and Procedures Group recommend the following statement is read out at the start of a Strategy Discussion.

Professional Difference Statement:

It is acknowledged that when working in the arena of safeguarding, it is inevitable that from time to time there will be professional differences.  This is a positive activity and a sign of good professional practice and effective multi-agency working.   During this meeting practitioners, irrespective of their seniority are encouraged to say if they feel that decisions, practice or actions do not effectively ensure the safety or well-being of the child / children.

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Family Assessments (Child and Family or Strengthening Families Assessments)

Last reviewed in April 2024

Next review in April 2027

RELATED GUIDANCE

1. Timescales for Family Assessments

Assessments must be completed within a maximum of 45 working days of the date of the referral to Children’s Social Care.

Any extension to this time scale must be authorised by the first line manager, with reasons recorded. For example, there may be a need to delay in order to arrange for an interpreter, or to avoid a religious festival. Any such delay must be consistent with the welfare of the child.

The timescale will be shorter where the criteria for initiating Section 47 Enquiries  are met at any stage during an Assessment, in which case the  Assessment should be regarded as concluded and a Strategy Discussion held immediately to decide if a Section 47 Enquiry is required.

2. Process of Family Assessments

The Assessment should be led by an experienced social worker supervised by a experienced and qualified social work manager. It should be carefully planned, with clarity about who is doing what, as well as when and what information is to be shared with parents or carers.

The planning process and decisions about the timing of the different assessment activities should be taken in collaboration with all those involved with the child and family. It should involve:

  • Seeing and speaking with the child (according to age and understanding) and family members where appropriate. The child should be seen by the social worker leading the assessment without their caregivers whenever possible and this should be recorded in the Assessment Record
  • Drawing together and analysing available information from a range of sources (including existing records
  • Involving and obtaining information from health care and education professionals and others in contact with the child and family
  • All relevant information should be taken into account (This includes information about the history and any issues involving family members such as domestic violence, substance misuse, mental illness and criminal behaviour/convictions).

Parents should be openly involved in the assessment process (see Information Sharing and Confidentiality) unless this may:

  • Place the child at risk of Significant Harm e.g. from the reaction to an assessment from those close to the child/ren or by leading to an unreasonable delay;
  • Lead to the risk of loss of evidential material. There would be consultation with relevant partner agencies in regard to involving parents in the assessment process.

The first line manager should authorise any decision to discuss the referral with other agencies without parental knowledge and the reasons for such action recorded.

Professionals approached by Children’s Social Care and asked to share information about the child and the family must respond in accordance with the guidance in Information Sharing and Confidentiality and record:

  • The explanation provided by Children’s Social Care for sharing information;
  • The information consequently shared; and
  • The rationale for decisions to share and / or withhold any information.

If the child and / or carers have moved into the authority, all professionals should seek information covering previous addresses from their respective agencies. This is equally important for children and carers who have spent time abroad.

Children’s Social Care should make it clear to families (where appropriate) and other agencies, that the information provided for this assessment may be shared with other agencies and contribute to the written form completed at the end of the assessment.

If during the course of the assessment it is discovered that a school age child is not attending an educational establishment, the local authority with education responsibilities must be contacted to establish the reason for this.

3. Outcomes of Family Assessments

A Family Assessment is deemed completed once the assessment has been discussed with the child and family and authorised by the manager.

The possible outcomes of the Family Assessment are:

  • No further action, provision of information and advice or signposting to another agency;
  • Referral for services under the Early Help Plan procedures – see Early Help Plan;
  • Provision of Child In Need services under a Child in Need Plan;
  • Specialist assessment for a more in-depth understanding of the child’s needs and circumstances;
  • Instigation of a Strategy Discussion and Section 47 Enquiry where there are child protection concerns. This may lead to the need for a Child Protection Conference to be convened
  • Emergency action to protect a child (see Immediate Protective Action of the Referrals Procedure).

Where there are concerns identified about any adults at risk of harm or abuse, a referral should be made to Adult Social Care under the Pan Sussex Safeguarding Adults Procedures.

A manager must sign and approve the outcomes of a Family Assessment and ensure:

The child(ren) have been seen and spoken to or there has been a recorded management decision that this is not appropriate e.g. where a Section 47 Enquiry has been or is to be initiated which will plan the method of contact with the child;

The needs of all children in the household have been considered;

A Child in Need Plan is completed for cases where the child and family are provided with a service under Section 17, but not progressed to Section 47 Enquiry;

A chronology has commenced or has been updated.

Taking account of confidentiality, written information on the outcome of the Family Assessment should be provided to professional referrers and family members. Exceptions are justified only where this might jeopardise an enquiry or place any individual at risk.

Feedback should be provided to non-professional referrers about the outcome of this stage of the referral in a manner consistent with respecting the confidentiality and welfare of the child.

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Action on Receipt of Referrals

Last reviewed in April 2024

Next review in April 2027

1. Screening of Referrals by Safeguarding Integrated Front Door/ Front Door/ SPOA

1.1 Screening of Referrals by Integrated Front Door/Front Door for Families/SPOA

The screening process should establish:

  • The nature of the concern;
  • How and why it has arisen;
  • What the child’s needs appear to be;
  • Whether the concern involves abuse or neglect; and
  • Whether there is any need for any urgent action to protect the child or any other children in the household or children in any other household.

This above process will involve:

  • Discussion with referrers;
  • Consideration of any existing records for the child and for any other members of the household (including the List of Children with Child Protection Plans);
  • Involving other agencies as appropriate (including the police if any offence has been or is suspected to have been committed).

The process will take account of the Thresholds for Services to Children in Need. Each safeguarding partner has their own threshold documents which can be accessed by clicking on the links below:

Personal information about non-professional referrers should not be disclosed to third parties (including subject families and other agencies) without consent.

Parents and carers involvement should be sought before discussing a referral about them with other agencies unless this may:

  • Place the child at risk of Significant Harm g. by the behavioural response it prompts or by leading to an unreasonable delay;
  • Lead to the risk of loss of evidential material.

See also Information Sharing and Confidentiality.

The first line manager should authorise any decision to discuss the referral with other agencies without parental knowledge  and the reasons for such action recorded.

This initial stage must involve immediate evaluation of any concerns about either the child’s health and development, or actual and/or potential harm, which justify further enquiries, assessments and/or interventions.

The first line manager should be the decision maker of any potential Section 47 Enquiries and authorise the decision to initiate a Strategy Discussion. If the child and/or family are well known to Children’s Social Care and/or the referral from the Integrated Front Door/ Front Door/ SPOA clearly indicate that Section 47 Enquiries are required, it may be appropriate to hold a Strategy Discussion without further assessment.

The threshold may be met for a Section 47 Enquiry at the time of referral, during Child and Family Assessment/

Strengthening Families Assessment,  or at any point of Children’s Social Care involvement.

Where a referrer is dissatisfied with the outcome of the referral, consideration to further action identified in Resolution of Professional Disagreements Procedure  should be considered.

2. Initial Action by Children’s Social Care on Receipt of a Referral

All referrals to Children’s Social Care should initially be regarded as children in potential need. The referral should be evaluated on the day of receipt (and no later than within one working day), and a decision made and recorded (by the locally defined appropriate level of social worker / manager) regarding the next course of action. If the Children’s Social Care disagree with the decision made by Front Door/Integrated Front Door/Single Point of Access. local processes of escalation of decision making should be followed and recorded accordingly.

Children’s Social Care must acknowledge referrals within one working day of receipt.

When taking a referral, staff must establish as much of the following information as possible:

  • Cause for concern including details of any allegations, their sources, timing and location;
  • Child’s current location and emotional and physical condition;
  • Whether the child needs immediate protection;
  • Full names, date of birth and gender of child(ren);
  • Family address (current and previous);
  • Identity of those with Parental Responsibility;
  • Names and date of birth of all household members and any known regular visitors to the household;
  • Details of child’s extended family or community who are significant for the child;
  • Ethnicity, first language and religion of children and parents / carers;
  • Any need for an interpreter, signer or other communication aid;
  • Any special needs of child(ren) and other household members, including disability;
  • Any significant / important recent or non recent events / incidents in child or family’s life, including previous concerns;
  • Details of any alleged perpetrators (if relevant);
  • Background information relevant to referral e.g. positive aspects of parents care, previous concerns, pertinent parental issues (such as mental health, domestic violence, drug or alcohol abuse, threats and violence towards professionals);
  • Referrer’s relationship and knowledge of child and parents / carers;
  • Known current or previous involvement of other agencies / professionals e.g. schools, GPs;
  • Information regarding parental knowledge of, and agreement to, the referral.

Referrers should be asked specifically if they hold any information about difficulties being experienced by the family/household due to domestic abuse, mental illness, substance misuse, and/or learning difficulties Referrer’s relationship and knowledge of child and parents / carers.

3. Where a Crime may have been Committed

The police must be informed at the earliest opportunity if a crime may have been committed. The police must decide whether to commence a criminal investigation and a discussion held to plan how parents are to be informed of concerns without jeopardising police investigations (see Section 47 Enquiries Procedure, Liaison between Children’s Social Care and the Police – Single or Joint Agency Enquiries/Investigations).

4. Outcome of Referrals

The immediate response to a referral from Front Door/ Integrated Front Door/ SPOA may be:

  • A Family Assessment (East Sussex), referred to as a Child and Family Assessment (West Sussex), Strengthening Families Assessment (Brighton & Hove)
  • Emergency action to protect a child – see Immediate Protective Action
  • A Strategy Discussion where the facts clearly indicate that this is required and threshold is met).

A manager must ensure a chronology has been commenced and / or updated.

Where there are concerns identified about any adults at risk of harm or abuse, a referral should be made to Adult Social Care under the Safeguarding Adult Procedures.

Where there is to be no further action following a Family Assessment, feedback should be provided to family and referrers about the outcome of this stage of the referral.

In the case of referrals from members of the public, feedback must be consistent with the rights to confidentiality of child and her/his family.

5. Immediate Protective Action

Where there is a risk to the life of a child or the possibility of serious immediate harm, the police officer or social worker must act quickly to secure the safety of the child.

Emergency action may be necessary as soon as the referral is received or at any point during involvement with the child(ren), parents or carers.

Responsibility for immediate action rests with the authority where the child is found, but should be in consultation with any ‘home’ authority.

Immediate protection may be achieved by:

  • An alleged abuser agreeing to leave the home
  • Removal of the alleged abuser
  • Voluntary agreement for the child(ren) to move to a safer place
  • Application for an Emergency Protection Order
  • Removal of the child(ren) under powers of Police Protection
  • Gaining entry to the household under Police powers

The social worker must seek the agreement of their first line manager and obtain legal advice before initiating legal action.

Children’s Social Care should only seek police assistance to use their powers in exceptional circumstances where there is insufficient time to seek an Emergency Protection Order or other reasons relating to the child’s immediate safety.

 

The agency taking protective action must always consider whether action is also required to safeguard other children in:

  • The same household,
  • The household of an alleged perpetrator or elsewhere.

Planned immediate protection will normally take place following a Strategy Discussion (see Strategy Discussions Procedure).

Where an agency has to act immediately (prior to a Strategy Discussion) to protect a child, a Strategy Discussion should take place within 1 working day of that emergency action, to plan the next steps.

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1. Introduction

Within the context of this guidance, a meeting or appointment is any such that relates to the welfare, care and health of a child, including but not limited to medical appointments, dental appointments, home visits, meetings / appointments called by Children’s Service etc.

2. Re-thinking ‘Did Not Attend’

Children rely on their parents to take them to meetings or appointments that relate to their welfare, care or health, and as a result they are sometimes not taken to them. This may mean that a practitioner may record them as having ‘not attended’, but it was because they were not brought.

Practitioners should use ‘Was Not Brought (WNB)’ rather than ‘Did Not Attend’ for recording or noting the non-attendance of children who are reliant on someone else to take them to a meeting or appointment. The phrase ‘Did Not Attend’ implies that the child is responsible for not attending. Recording ‘Was Not Brought (WNB)’ is a more accurate representation of the situation and enables a practitioner to consider the reasons why a child was not brought to a meeting or appointment, the implications for them not having been brought, and assess the potential risks or safeguarding concerns for them, especially if there is a repeat pattern of non-attendance.

Repeated cancelled and rescheduled appointments should also be treated with some curiosity and may occasionally indicate potential harm. This could be a sign of disguised compliance. Disguised compliance involves a parent or carer giving the appearance of engagement, they may cancel appointments frequently at the last minute, or after a period of non-engagement may attend appointments to reduce professionals’ concerns.

Nottingham City Council, NHS Nottingham City ICB and the Safeguarding Partnership jointly commissioned a video animation to encourage practitioners to identify children as ‘Was Not Brought’ as opposed to ‘Did Not Attend’ when referring to them not being presented at medical appointments. You can watch this here – Rethinking ‘Did Not Attend’ – YouTube.

Child Safeguarding Practice Reviews (and previously, Serious Case Reviews), both nationally and regionally, have featured ‘missed’ appointments as a precursor to serious child abuse and even child death.

Children not being brought to their appointments or meetings is a safeguarding concern. Non-attendance at or repeated cancellations of appointments and lack of access to the child on visits are indicators that should increase concern about the child’s welfare. Missed health appointments in particular are a significant risk factor. All NHS providers should have policies for the management of children not brought to health care appointments. If you work in a health setting you should refer to your Trust’s ‘Was not brought’ policies and procedures, or talk to your designated safeguarding lead – see Local Contacts.

3. Seeing it from the Child’s Perspective

When non-attendance relates to the parent or carer, particularly when mental illness, domestic abuse, learning difficulties or substance misuse is present; practitioners should ask themselves “What does this mean for the child’s care and safety? What do I need to do?”

4. Seeing it from the Parent / Carer’s Perspective

It is important to understand what factors may influence whether the parent / carer attends or continues to attend meetings, appointments and sessions which relate to their child’s welfare, care or health.

Engagement is likely to improve when:

  • parents are given enough information about what is happening, why and what is expected from them
  • parents and professionals have a shared understanding of what needs to change in the family
  • parents are confident their views and experiences are valued; practitioners should consider their working style and use of power, and how this will be perceived.

5. Exploring why Appointments / Meetings are Missed

Consider what influences a parent / carer to not attend a meeting / appointment. It may not always be an indicator of non-compliance. It can include:

  • forgetfulness – parents forget or don’t prioritise attending because they don’t understand the significance of not going;
  • fear and anxiety – it can be intimidating for parents who may already lack confidence and esteem to meet with practitioners;
  • logistics – house moves, letters going astray, poor communication, competing appointments at diverse locations, on consecutive days etc.

6. Child in Need Assessment – Withheld Consent

A child ‘in need’ is one where the local authority have completed an assessment which concludes that they would benefit from support, and they meet the definition of a Child in Need as set out by the Children Act 1989.

If parents or a young person of age of understanding, (particularly those aged 16 or 17) refuse the support offered or do not attend assessments / meetings arranged under the proposed plan there will need to be further consideration as to the potential impact upon the child.

In the first instance discussions should take place with the parents and young person regarding their concerns and reasons for refusal, to try and provide reassurance / further clarification to obtain consent. If a suitable alternative source of support is proposed by the parent or young person that will adequately meet the identified need, this should be given due consideration. The social worker, in conjunction with other agencies involved, will need to identify how this will be monitored and further discussed with Children’s Service’s if this intervention is either not subsequently sourced, or ceases prior to the desired outcome being achieved.

If there is no suitable alternative support identified and consent to provide services under S.17 is refused, see Section 9, Child in Need – Withheld Consent.

7. Applying the ‘Was Not Brought’ Approach

If a child doesn’t attend an appointment or meeting, consider:

  • are they reliant on someone else to make and/or take them to appointments or meetings?
  • what are the implications of them not attending the appointment or meeting? Are they missing needed medication or assessment, being denied the opportunity of inputting into a planned review, not being part of a discussion about their care, health and wellbeing.
  • is this a one off, or is there is a repeat pattern? Is disguised compliance a concern? Use chronologies to record the child and parents attendance at appointments, meetings, assessments etc. to evaluate attendance patterns.
  • what could be the reason for their non-attendance? Be professionally curious. Is it forgetfulness, fear and anxiety, logistics or are there any other factors to consider, like coercion and control, or neglect?

8. ​Actions to Take

Record or note the non-attendance as ‘Was Not Brought (WNB)’:

Within the notes state:

  • that the child was reliant on someone else to bring them to the meeting;
  • any impact or safeguarding concern their non-attendance may have raised;
  • if this was the first or repeat non-attendance and identify any emerging patterns;
  • the action you have taken in response.

Discuss, ideally by phone, episodes of non-attendance with colleagues and any other relevant agencies, including their paediatrician (community or hospital) and/or GP and children’s services, if the child is looked after, or has a child in need or child protection plan).

Consider the following factors:

  • is the child a child in need (CIN) or already on a child protection plan (CPP)?
  • is the child looked after (child in care)?
  • what is the potential impact of non-attendance on child’s care, health and wellbeing?
  • are there known issues that may affect the adult to parent / care appropriately for the child (for example substance or alcohol misuse, chronic health problems, social situations, domestic violence, learning disability)?
  • are there more than expected attendances at Outpatient, A&E or Urgent Care Centres?

Contact the child’s parent / carer to:

  • enquire why they did not come to the appointment or meeting;
  • encourage them to rearrange, being clear about why it is important to attend, what the benefits are, and any risks to the child’s care, health or wellbeing as a result of non-attendance;
  • discuss with them any barriers which may have impacted on them attending;
  • identify and arrange support to attend future meetings if needed. Encourage them to set up reminders in their phone, using a diary, provide them with a list of all the key dates, times and venues, discuss practical support with transport etc.

Persevere. If contact cannot be made, or if a further meeting cannot be agreed, do not discontinue the service or appointment without discussion with your designated (in NHS this is a specific role at a senior level, in health trusts this stage involves named doctors / nurses) safeguarding professional and consideration to your agency’s own attendance or ‘was not brought’ policies.

Escalate. If you have concerns about children not being brought to their appointments or meetings, then a referral to children’s services must be made – see Making a Referral chapter. It is important that the referral to Children Service’s specifies the concerns and the likely impact on the child of not receiving the appropriate care. For a child who WNB to a hospital appointment the hospital’s own policy / procedure will also apply. An immediate referral should be made if it is established that urgent medical attention has not been sought or delayed.

9. Child in Need – Withheld Consent

If there is no suitable alternative support identified and consent to provide services under S17 is refused, the social worker and pod / team manager will need to discuss and consider the impact for the child – both in the short term and the long term, and the manager must record the rationale for the management decision.

Refusing to consent to support under S17 maybe a safeguarding issue in its own right.

Analysis within the assessment should set out the implications of not receiving the support identified and the focus should be on ‘will this benefit the child or is it a need?’

If the child would benefit from the support but the impact of not receiving this support will not be significant, then the refusal has to be accepted and recorded. If it is a need and ‘their health or development is likely to be significantly impaired, or further impaired without the provision for them of such services’, then consideration should be given to undertaking an assessment under S47, see more Section 47 Enquiries chapter. Decisions should be clearly recorded on the child’s file including the analysis behind the decision.

Any closure record should include the risks that have not been addressed and the reason being not wanting to engage under S17. This then allows this to be included in the analysis of future referrals.

It is important that good communication and information sharing takes place with relevant professionals when there are concerns that a child was not brought to appointments and meetings, including the actions taken to ascertain the reasons for this.

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This policy was last reviewed in July 2023.

Next review July 2025.

1. Referral Criteria for Practitioners

Safeguarding partner agencies and contracted service providers must make a referral to Children’s Services (Social Care and Early Help services) if there are signs that a child under the age of 18 years or an unborn baby:

  • is suffering or has suffered significant harm;
  • is likely to significant harm; or
  • with the agreement of a person with parental responsibility where an Early Help Plan has identified that the child and family would be likely to benefit from family support services from Children’s Services.

The timing of such referrals must reflect the level of perceived risk, but should usually be within one working day of the recognition of risk.

Where a child or young person is admitted to a mental health facility, practitioners should consider whether a referral to Children’s Service is necessary.

Practitioners in most agencies should have internal procedures, which identify child protection designated / named managers / staff, able to offer advice and decide upon the necessity for a referral. However, a formal referral or any urgent medical treatment must not be delayed by the need for such consultation.

Consultation may also be made directly with Children’s Services. Where consultation with Children’s Services is sought, and Children’s Services then conclude that a referral is required, the information provided will be regarded and responded to as such.

An adopted child may divulge when they are in placement, that they have been abused at some time in their previous history. An adopted child may also be vulnerable to physical, sexual or emotional abuse and / or neglect whilst they are placed for adoption

If practitioners have concerns that a child may be a potential victim of modern slavery or human trafficking, then a referral should be made to the National Referral Mechanism as soon as possible.

2. Ensuring the Child’s Immediate Safety

The safety of children is paramount in all decisions relating to their welfare. Any action taken by members of staff from a safeguarding partner agency should ensure that no child is left in immediate danger.

The law (Section 3(5) of the Children Act 1989) empowers anyone who has actual care of a child to do all that is reasonable in the circumstances to safeguard their welfare.

Where abuse is alleged, suspected or confirmed in a child presented at A&E or admitted to hospital, they must not be sent home / discharged until:

  • Children’s Services has been notified by phone that there are child protection concerns;
  • a Strategy Discussion has been held, including relevant hospital staff.

See also Immediate Protective Action, Action on Receipt of Referrals chapter.

 3. Urgent Medical Attention

If the child is suffering from a serious injury, medical attention must be sought immediately from Accident and Emergency (A&E). In these circumstances, Children’s Services and the duty consultant paediatrician must be informed.

Except in cases where emergency treatment is needed, Children’s Services and the Safeguarding Investigations Unit are responsible for ensuring that any paediatric assessment or medical treatment required as part of a Section 47 Enquiry are initiated (see Paediatric Assessment section, Section 47 Enquiries chapter).

4. Listening to the Child

Responsibility for making enquiries and investigating allegations rests with Children’s Services and the Safeguarding Investigations Unit, along with other relevant agencies.

Where abuse is alleged, the initial response should be limited to listening carefully to what the child says in relation to the following.

4.1 Clarify the concerns

Clarify the concerns by:

  • offering reassurance about how they will be kept safe; and
  • explaining what action will be taken.

If a child is freely recalling events, the response should be to listen, rather than stop the child; however, it is important that the child should not be asked to repeat the information to a colleague or asked to write the information down.

All professionals should be aware that children may not feel ready or know how to tell someone that they are being abused, exploited, or neglected, and/or they may not recognise their experiences as harmful. For example, children may feel embarrassed, humiliated, or being threatened.

If the child gives a clear disclosure to the first responder (for example a teacher) then there is no need for the Police to take a first account (Q&A). The child should be able to go straight to an Achieving Best Evidence (ABE) interview. Wherever possible the child should not have to repeat the disclosure before an ABE interview. In the cases where it is felt that an intermediary is needed to support the child and aid communication, this should be recorded and evidenced as to why it might delay the interview. The interview should be child-focused. The interview planning is important and should also be fully recorded.

A record of all conversations, (including the timings, the setting, those present, as well as what was said by all parties) and actions must be kept.

If the child is thought to be able to understand the significance and consequences of making a referral to Children’s Services, they should be asked their view.

Regardless of a child’s expressed view, it remains the responsibility of the practitioner  to take whatever action is required to ensure their safety and that of any other children.

5. Parental Consultation

Working Together to Safeguard Children 2018 provides the core legal basis for professionals to share personal information for the purposes of safeguarding and promoting the welfare of a child.

Working Together to Safeguard Children 2018 provides that professionals do not need consent to share personal information. It is one way to comply with the data protection legislation but not the only way. Where consent is not sought the family should be informed unless doing so may:

  • place the child at risk of significant harm, for example by the behavioural response it prompts (for example where fabricated or induced illness is suspected);
  • lead to an unreasonable delay;
  • place others at risk (see Working with Uncooperative Families chapter);
  • lead to the risk of losing evidential material.

Whilst consent is not required to share information for the purposes of safeguarding and promoting the welfare of a child (provided that there is a lawful basis to process any personal information required), individuals do have the right to be informed about the collection and use of their personal data. This is a key transparency requirement under the UK GDPR.

Informing families of the use of their information can be verbal in most cases, with reference made to relevant existing privacy notices where required. All organisations should have up to date privacy notices on their website that individuals can be directed to if they would like to find out more about how their data might be used.

For further guidance, see Information Sharing and Confidentiality section.

Referrals from named professionals cannot be treated as anonymous, so the parent will ultimately become aware of the identity of the agency making the referral.

6. Making a Referral to Children’s Social Care – Professionals

Referrals should be made to the relevant safeguarding Integrated Front Door / Front Door / Single Point of Access where the child is living or is found, see Local Contacts.

In urgent situations outside office hours, the referral should be made to the relevant Emergency Duty Service / Out of Hours Team (see also Local Contacts).

If the child is known to have an allocated social worker, referrals should be made to them or in their absence the manager or a duty officer in the relevant social work team. Where this is considered to be a child protection referral the referrer should follow this up in writing and Children’s Services should respond as set out in Action on receipt of Referrals chapter.

All referrers should have an opportunity to discuss their concerns with a qualified social worker.

Where available, the following information should be provided with the referral (but the absence of information must not delay the referral):

  • cause for concern including details of any allegations, their sources, timing and location;
  • what the child said;
  • the child’s current location and emotional and physical condition;
  • whether the child needs immediate protection;
  • full names, date of birth and gender of child/ren;
  • family address (current and previous);
  • identity of those with parental responsibility;
  • names and date of birth of all household members and any known regular visitors to the household;
  • details of the child’s extended family or community who are significant for the child;
  • ethnicity, first language and religion of the child and parents/carers;
  • any need for an interpreter, signer or other communication aid;
  • any special needs of the child and other household members;
  • any other equalities information;
  • any significant / important recent or non recent events / incidents in the child or family’s life, including previous concerns;
  • details of any alleged perpetrators (if relevant);
  • details of any children not in the household who may be at risk (i.e. children of an alleged perpetrator);
  • known current or previous involvement of other agencies/practitioners e.g. schools, GPs;
  • background information relevant to the referral e.g. positive aspects of parents care, previous concerns, pertinent parental issues, threats and violence towards professionals, any information about difficulties being experienced by the family / household due to domestic abuse, mental illness, substance misuse, and/or learning difficulties;
  • the referrer’s relationship and knowledge of child and parents / carers;
  • information regarding parental knowledge of, and agreement to, the referral.

All professional referrals made verbally must be confirmed in writing in all cases covering the areas above (in the bullet points above) by the referrer, within 24 hours.

Professional referrals cannot be anonymous and should be made in the knowledge that during the course of enquiries it will be made clear which agency has originated the referral.

If there is no acknowledgement by Children’s Services of the referral within a further 24 hours, the professional should contact Children’s Services to establish the current status of the referral.

The referrer should keep a written record of:

  • discussions with child;
  • discussions with parent;
  • discussions with managers;
  • information provided to Children’s Services;
  • decisions taken (clearly timed, dated and signed).

7. Quick Referral Flowchart

See Quick Referral Flowchart for Professionals

8. Referrals by Members of the Public

When members of the public are concerned about the welfare of a child or an unborn baby, they should contact the local Children’s Services of the area in which the child lives/is found or, in the case of an unborn baby, where the care-giver lives (see Local Contacts).

In urgent situations outside office hours, the member of the public should contact the relevant Emergency Duty Service/Out of Hours Team (see also Local Contacts).

The NSPCC help line offers an alternative means of reporting concerns

Individuals may prefer not to give their name to Children’s Services or the NSPCC. Anonymous referrals by members of the public will be investigated thoroughly by Children’s Services.

Alternatively the member of the public making the referral may disclose their identity, but not wish for it to be revealed to the parents / carers of the child concerned.

Wherever possible, staff should respect the referrer’s request for anonymity. There are however, certain limited circumstances in which the identity of a referrer may have to be given, for example the court arena.

Local publicity material should make the above position clear to potential referrers.

All referrers will have an opportunity to discuss their concerns with a qualified social worker.

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Last reviewed in July 2024.

See also Healthy Child Programme Schedule of Interventions (Office for Health Improvement and Disparities). The healthy child programme schedule of interventions tool brings together evidence, guidance, information and resources to describe local prevention and early intervention activities from preconception to 19 years of age, or 25 where there is a statutory entitlement.

1. Early Help Plan

The Early Help Plan is a nationally standardised approach to use with a family to discuss and record their views, needs, strengths and identified goals in one plan of support. The Early Help Plan is a coordinated response to supporting children and families with multiple and complex needs.

If a child is at risk of significant harm, a child In need or child protection plan will be in place. In these circumstances the procedures set out in Recognition of Abuse and Neglect chapter must be followed.

Use of the Early Help Plan should not delay a referral to Children’s Social Care if there are concerns that a child has suffered or is likely to suffer significant harm. If an Early Help Plan has already been completed, or is in progress, when the concerns are recognised, information gathered in the plan can be used to inform and contribute to the assessment process of Children’s Social Care.

In cases where agreement to  early help support cannot be obtained, practitioners should consider how the needs of the child might be met.  However, practitioners should still inform individuals that their data will be recorded and shared and the purpose explained to them.

For the local Early Help Plan procedures for each area, please go to:

2. Supporting Families: Early Help System guide

This Early Help System Guide (Department for Levelling Up, Housing and Communities) is for local partnerships building and delivering the local early help system of support for families.

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Last reviewed November 2024.

See also Healthy Child Programme Schedule of Interventions (Office for Health Improvement and Disparities). The healthy child programme schedule of interventions tool brings together evidence, guidance, information and resources to describe local prevention and early intervention activities from preconception to 19 years of age, or 25 where there is a statutory entitlement.

The Early Help documents for each area are listed in this section. Click on the relevant local authority to access the document.

East Sussex

West Sussex

Brighton and Hove

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Reviewed July 2024.

Next review July 2026.

1. Introduction

Working Together to Safeguard Children (Department for Education) states that ‘Practitioners should be proactive in sharing information as early as possible to help identify, assess, and respond to risks or concerns about the safety and welfare of children. ……. Sharing information about any adults with whom that child has contact, which may impact the child’s safety or welfare, is also critical.’

t is important that professionals consider whether relevant information should be shared not just with other practitioners, but also with anyone else with caring responsibilities for a child who needs to know the information to help them to take good decisions about how to keep that child safe. This applies even in cases where information about an adult would normally be regarded as confidential.

The Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) supports the sharing of relevant information for the purposes of keeping children safe. Fears about sharing information must not be allowed to stand in the way of safeguarding and promoting the welfare of children.

The need to keep a child safe will usually override considerations about the right of the adult who is the subject of the information to have their information treated as confidential. It is also important that professionals do not make assumptions about what someone with caring responsibility already knows.

Being proactive in ensuring that they know what they need to know to keep the child safe is essential.

2. Sharing Information with Family Members about other Adults and the Risk they may Pose

Where professionals believe they need to share information about an adult with a child’s parent / carer they should consider:

  • What is the minimum information they need to share?
  • Whether it is safe and appropriate to inform the adult who is the subject of the information that they will be sharing that information. Practitioners should not inform the adult if they judge that doing so would endanger the child or their carer. Whether or not the subject adult is informed about the release of the information, the practitioner should consider whether the release of the information creates any safeguarding risk for that adult and what measures might be possible or appropriate to mitigate that risk.
  • The potential need to seek Information Governance / Legal advice prior to disclosure to family members/carers. Where a clear safeguarding need is identified it would not be necessary to seek advice as professional judgement would be sufficient and should be recorded in case notes. Where cases are more complex or finely balanced with regard to disclosure then advice should be sought. There will be a need to obtain legal advice if the information to be shared has been obtained within court proceedings.
  • How best to ensure that the person receiving the information will treat it sensitively. Sharing information with family members is different from sharing with other practitioners; the same expectations in terms of information security will not necessarily apply. In the end, however, the key consideration must be how best to keep the child safe. The possibility of onward sharing should be considered in the process of seeking to balance privacy versus safeguarding risks. There is a clause in the Data Protection Act that individuals can be made aware of if appropriate:

DPA (2018) Part 6, 170 1) (a) states that ‘it is an offence for a person knowingly or recklessly to … disclose personal data without the consent of the controller’ (which would be agency sharing the information.)

Where information needs to be shared in order to protect a child, it should be shared as soon as possible and in all cases within one working day.

When information has been shared in this way with a third party, professionals  must:

  1. record on their case management system exactly what information has been shared, with whom and when, and what the rationale was for doing so;
  2. consider who else within the network of professionals (or other adults) supporting the child needs to know that the information has been shared;
  3. ensure that others who need to know are informed, again within one working day.
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1. The Concept of Information Sharing & The UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018

Working Together to Safeguard Children states (paragraphs 28-30) that:

No single practitioner can have a full picture of a child’s needs and circumstances so effective sharing of information between practitioners, local organisations and agencies is essential for early identification of need, assessment, and service provision to keep children safe. Rapid reviews and child safeguarding practice reviews have highlighted that
missed opportunities to record, understand the significance of, and share information in a timely manner can have severe consequences for children.

Practitioners should be proactive in sharing information as early as possible to help identify, assess, and respond to risks or concerns about the safety and welfare of children. This may be when problems are first emerging (for example, persistent school absences) or where a child is already known to local authority children’s social care.
Sharing information about any adults with whom that child has contact, which may impact the child’s safety or welfare, is also critical.

Information sharing is also essential for the identification of patterns of behaviour when a child is at risk of going missing or has gone missing, including being missing from education. When multiple children appear associated to the same context or locations of risk, or in relation to children in the secure estate where there may be multiple local
authorities involved in a child’s care, it will be for local safeguarding partners to consider how they build relationships and share relevant information in a timely and proportionate way with each other, other local organisations, and other safeguarding partnerships.

The Data Protection Act 2018 and UK General Data Protection Regulations (UK GDPR) do not prevent the sharing of information for the purposes of keeping children safe. Fears about sharing information must not be allowed to stand in the way of the need to promote the welfare and protect the safety of children.

For more information see Working Together to Safeguard Children, page 21 – Myth-busting Guide to Information Sharing (Department for Education).

2. Confidentiality and Consent: Using ‘Consent’ to Process / Share Personal Data

Working Together to Safeguard Children provides the core legal basis for professionals to share personal information for the purposes of safeguarding and promoting the welfare of a child.

Working Together to Safeguard Children provides that professionals do not need consent to share personal information. It is one way to comply with the data protection legislation but not the only way. Where consent is not sought the family should be informed unless doing so may:

  • place the child at risk of Significant Harm for example, by the behavioural response it prompts (for example where fabricated or induced illness is suspected);
  • lead to an unreasonable delay;
  • place others at risk (see Working with Uncooperative Families chapter;
  • lead to the risk of losing evidential material.

Informing families of the use of their information can be verbal in most cases, with reference made to relevant existing privacy notices where required. All organisations should have up to date privacy notices on their website that individuals can be directed to if they would like to find out more about how their data might be used.

In addition to Working Together to Safeguard Children, the GDPR provides a number of lawful bases that may be appropriate for sharing data in these circumstances. These include ‘legal obligation’ and ‘public task’. Public task includes processing of personal information (including sharing) where the processing is necessary for you to perform a task in the public interest or as part of your official functions.

For more information about public task see Public Task (ICO).

Whilst consent is not required to share information for the purposes of safeguarding and promoting the welfare of a child (provided that there is a lawful basis to process any personal information required), individuals do have the right to be informed about the sharing, collection and use of their personal data. This is a key transparency requirement under the UK GDPR.

The lawful bases that may be appropriate for sharing data in these circumstances could be ‘legal obligation’, or ‘public task’ which includes the performance of a task in the public interest or the exercise of official authority. For more information about public task, see also Public Task (ICO).

For section 17 and section 47 cases, the lawful bases for processing will largely be for the performance of a public task and necessary for the provision of social care.

The IFD / FDFF / SPOA environments are unique because they enable multiple sources of information to be considered and shared in a secure and safe location. Each has its own information sharing agreement setting out arrangements for the lawful sharing of information between signatory organisations involved in the safeguarding of children.

3. Key Points for Workers when Sharing Information

It is good practice to work as collaboratively with families as possible. Professionals should be open and honest with the individual from the outset as to why, what, how and with whom, their information will be shared. A record of what has been shared should be kept.

Ensure that the information you share is necessary for the purpose for which you are sharing it, is shared only with those individuals who need to have it, is accurate and up-to-date, is shared in a timely fashion, and is shared securely.

If  you are ever unsure about information sharing seek advice from your supervisor, manager, nominated person within your organisation or area, or from a professional body.

4. Sharing Information with Family Members about Other Adults and the Risk They may Pose

Working Together 2018 states that ‘practitioners should be alert to sharing important information about any adults with whom that child has contact, which may impact the child’s safety or welfare.’ It is important that practitioners consider whether relevant information should be shared not just with other practitioners, but also with anyone else with caring responsibilities for a child who needs to know the information to help them to take good decisions about how to keep that child safe. This applies even in cases where information about an adult would normally be regarded as confidential. The need to keep a child safe will usually override considerations about the right of the adult who is the subject of the information to have their information treated as confidential. It is also important that practitioners do not make assumptions about what someone with caring responsibility already knows; it is essential that we are proactive in ensuring that they know what they need to know in order to keep the child safe.

Please refer to Sharing Information with Family Members about Other Adults and the Risk they may Pose chapter for guidance on sharing information with family members about other adults.

5. National Guidance on Sharing Information

Working Together states that:

To ensure effective safeguarding arrangements:

all organisations and agencies should have arrangements in place that set out clearly the processes and the principles for sharing information. The arrangements should cover how information will be shared with their own organisation / agency and with others who may be involved in a child’s life;

practitioners should not assume that someone else will pass on information that they think may be critical to keep a child safe. If a practitioner has concerns about a child’s welfare or safety, then they should share the information with local authority children’s social care and / or the police. All practitioners should be particularly alert to the importance of sharing information when a child moves from one local authority into another, due to the risk that knowledge pertinent to keeping a child safe could be lost (paragraph 31).

Where there is a clear risk of significant harm to a child, or serious harm to adults, the public interest test will almost certainly be satisfied. However, there will be other cases where practitioners will be justified in sharing some confidential information in order to make decisions on sharing further information or taking action. The information shared should be proportionate. Decisions in this area need to be made by, or with the advice of, people with suitable competence in Child Protection work such as named or designated professionals or senior managers.

The relevant issues for social workers are usually around sharing information where consent has been withheld. There is a public interest defence if sharing information is for the purposes of safeguarding a child or vulnerable person.

Section 115 of the Crime and Disorder Act 1998 establishes:

The power to disclose information is central to the Act’s partnership approach. The Police have an important general power under common law to disclose information for the prevention, detection and reduction of crime. However, some other public bodies that collect information may not previously have had power to disclose it to the Police and others. This section puts beyond doubt the power of any organisation to disclose information to Police authorities, local authorities, Probation Service, Health Authorities, or to persons acting on their behalf, so long as such disclosure is necessary or expedient for the purposes of crime prevention. These bodies also have the power to use this information.

For guidance for local authorities on improving case management systems for children’s social care services see Children’s Social Care: Improving Case Management Systems (gov.uk)

Article 8 in the European Convention on Human Rights states that:

Everyone has the right to respect for their private and family life, home and correspondence;

There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of rights and freedoms of others.

6. Caldicott Guardians

A Caldicott Guardian is a senior person responsible for protecting the confidentiality of patient and service-user information and enabling appropriate information-sharing. The Guardian plays a key role in ensuring that the NHS, Local Authority Social Services Departments and partner organisations satisfy the highest practicable standards for handling patient identifiable information.

6.1 Caldicott principles

The eight Caldicott Principles are:

  1. Justify the purpose(s) for using confidential information;
  2. Don’t use personal confidential data unless it is absolutely necessary;
  3. Use the minimum necessary personal confidential data;
  4. Access to personal confidential data should be on a strict need-to-know basis;
  5. Everyone with access to personal confidential data should be aware of their responsibilities;
  6. Comply with the law;
  7. The duty to share information can be as important as the duty to protect patient confidentiality
  8. Inform patients and service users about how their confidential information is used
  9. See Eight Caldicott Principles (Department of Health and Social Care)

See also Children’s Social Care: Improving Case Management Systems – (gov.uk)

Every local Health Service and Children and Young People’s Directorate has its own Caldicott Guardian, to provide advice and guidance on appropriate information sharing.

7. Domestic Abuse Disclosure Scheme

The Domestic Violence Disclosure Scheme (DVDS), also known as “Clare’s Law” enables the police to disclose information to a victim or potential victim of domestic abuse about their partner’s or ex-partner’s previous abusive or violent offending. This scheme adds a further dimension to the information sharing about children where there are concerns that domestic violence and abuse is impacting on the care and welfare of the children in the family. See more Domestic Violence Disclosure Scheme Factsheet (gov.uk).

Members of the public can make an application for a disclosure, known as the ‘right to ask’. Anybody can make an enquiry, but information will only be given to someone at risk or a person in a position to safeguard the victim. The scheme is for anyone in an intimate relationship regardless of gender.

Partner agencies can also request disclosure is made of an offender’s past history where it is believed someone is at risk of harm. This is known as ‘right to know’.

If a potentially violent individual is identified as having convictions for violent offences, or information is held about their behaviour which reasonably leads the police and other agencies to believe they pose a risk of harm to their partner, a disclosure will be made.

A disclosure can be made lawfully by the police under the scheme if the disclosure is based on the police’s common law powers to disclose information where it is necessary to prevent crime, and if the disclosure also complies with established case law, as well as data protection and human rights legislation. It must be reasonable and proportionate for the police to make the disclosure, based on a credible risk of violence or harm.

8. Child Sex Offender Disclosure Scheme

The Child Sex Offender Disclosure Scheme (CSOD) is designed to provide members of the public with a formal mechanism to ask for disclosure about people they are concerned about, who have unsupervised access to children and may therefore pose a risk. See more here Child Sex Offender Disclosure Scheme (gov.uk).  This scheme builds on existing, well established third-party disclosures that operate under the Multi-Agency Public Protection Arrangements (MAPPA).

To apply see Sarah’s Law (Child Sex Offender Disclosure Scheme, Sussex Police)

Police will reveal details confidentially to the person most able to protect the child (usually parents, carers or guardians) if they think it is in the child’s interests.

The scheme operates in all 43 police areas in England and Wales. The scheme is managed by the Police and information can only be accessed through direct application to them.

If a disclosure is made, the information must be kept confidential and only used to keep the child in question safe. Legal action may be taken if confidentiality is breached. A disclosure is delivered in person (as opposed to in writing) with the following warning:

  • that the information must only be used for the purpose for which it has been shared i.e. in order to safeguard children;
  • the person to whom the disclosure is made will be asked to sign an undertaking that they agree that the information is confidential and they will not disclose this information further;
  • a warning should be given that legal proceedings could result if this confidentiality is breached. This should be explained to the person and they must sign the undertaking’ (see Multi-Agency Public Protection Arrangements (MAPPA) chapter).

If the person is unwilling to sign the undertaking, the police must consider whether the disclosure should still take place.

9. Age Assessment Information Sharing for Unaccompanied Asylum Seeking Children

The issue of age assessment in social work with asylum seeking young people remains controversial and has been something that Children’s social care have struggled with since the millennium. The ADCS Asylum Task Force has worked with the Home Office to provide two new jointly agreed documents, as detailed below. These documents are offered as practice guidance, by way of assistance to local authorities and their partners. The use of the proforma and consent form is voluntary. The content does not, nor does it seek to, be binding on local authorities. It is simply a recommended approach.

See also:

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Last reviewed in January 2024.

Date of next review January 2026.

See also Hate Crime (Sussex Police)

1. Introduction

The Home Office mandates police forces to report on five nationally monitored strands of hate:

  • disability or perceived disability;
  • race or perceived race;
  • religion or perceived religion;
  • sexual orientation or perceived sexual orientation;
  • transgender or perceived to be transgender.

Sussex Police acknowledges that other groups, such as sex workers and alternative lifestyles like Goths, can also be targets of hate crimes. Any crime or incident motivated by hostility or prejudice against groups outside these five strands will be recorded as ‘Hate Other.’

Individuals may experience multiple forms of discrimination or oppression simultaneously due to the intersection of various social identities, such as race, gender, sexuality, disability, and socio-economic status. In the context of hate incidents/ crimes, intersectionality underscores the importance of understanding how these intersecting identities shape individuals’ experiences of victimisation and access to resources and support.

2. Nature of Hate Crimes

Hate crimes target individuals for their identity or perceived identity, sending a personal message to the victim and reinforcing discrimination against certain communities. These crimes involve hostility or prejudice against an identifiable group of people and can take various forms including physical attacks, threats, verbal abuse, harassment, and cyber-enabled offenses.

3. Impact

Children and families from minority groups related to their protected characteristics are likely to experience harassment, discrimination, and institutional bias.

Signs that someone may be experiencing hate crimes or incidents include:

  • unexplained absence from school;
  • changes in behaviour or appearance;
  • depression;
  • anxiety;
  • aggression;
  • self-harm;
  • substance misuse.

It is crucial for all agencies to recognise and respond effectively to harassment and hate incidents, including those occurring online, to protect children from significant harm.

4. Recognising Hate Incidents / Crime

The term ‘hostility’ lacks a legal definition, so police interpret it based on everyday understanding, including ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment, and dislike. Any criminal offense perceived by the victim or another person to be motivated by hate is considered a hate crime, regardless of evidence.

5. Recording and Reporting

Following the Court of Appeal Judgment in Miller v College of Policing (2019), the Government issued a Non-Crime Hate Incidents: Code of Practice (Home Office). Hate incidents should be recorded where there is evidence of hate motivation but not where there is no basis for concluding hostility. That said, low-level or repeat incidents should be recorded and reported.

Professionals concerned about a child or family being the victim of a hate crime / incident should contact Sussex Police ASB / Hate Crime Coordinator for advice – Local Contacts.

For details on how to report hate crime please see Hate Crime (Sussex Police).

Victims may choose not to engage with the police directly, and there are charities and organizations, like the Hate Support Service at Victim Support Sussex, that offer free, independent, and confidential support to victims and witnesses of hate-related crimes and incidents. Reporting a crime is not necessary to receive support.

For more information, visit Victim Support website or contact s[email protected] or 08 08 16 89 111.

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1. Introduction

Nothing is more important than children’s welfare. Every child deserves to grow up in a safe, stable, and loving home. Children who need help and protection deserve high quality and effective support. This requires individuals, agencies, and organisations to be clear about their own and each other’s roles and responsibilities, and how they work together.

This policy sets out the underlying policy, principles and values underpinning safeguarding and child protection activity across Sussex.

2. Safeguarding and Promoting Children’s Welfare

Throughout this procedures manual, safeguarding and promoting the welfare of children is defined as:

  • providing help and support to meet the needs of children as soon as problems emerge;
  • protecting children from maltreatment, whether that is within or outside the home, including online;
  • preventing impairment of children’s mental and physical health or development;
  • ensuring that children grow up in circumstances consistent with the provision of safe and effective care;
  • promoting the upbringing of children with their birth parents, or otherwise their family network through a kinship care arrangement, whenever possible and where this is in the best interests of the children;
  • taking action to enable all children to have the best outcomes in line with the outcomes set out in the Children’s Social Care National Framework.

In this procedures manual, a child is defined as anyone who has not yet reached their 18th birthday. ‘Children’ therefore means ‘children and young people’ throughout.

Child protection is part of safeguarding and promoting the welfare of children and is defined for the purpose of this guidance as activity that is undertaken to protect specific children who are suspected to be suffering, or likely to suffer, significant harm. This includes harm that occurs inside or outside the home, including online.

Children may be vulnerable to neglect and abuse or exploitation from within their family and from individuals they come across in their day-to-day lives. These threats can take a variety of different forms, including: sexual, physical and emotional abuse; neglect; domestic abuse, including controlling or coercive behaviour; exploitation by criminal gangs and organised crime groups; trafficking; online abuse; sexual exploitation and the influences of extremism leading to radicalisation. Whatever the form of abuse or neglect, practitioners should put the needs of children first when determining what action to take.

All professionals across Sussex play a role in ensuring children have optimum life chances to enter adulthood successfully.

3. Child Protection

Child protection is part of safeguarding and promoting welfare. This refers to the activity that is undertaken to protect specific children who are suffering or at risk of suffering significant harm.

Effective child protection is essential as part of wider work to safeguard and promote the welfare of children. However, all agencies and individuals should aim proactively to safeguard and promote the welfare of children so that the need for action to protect children from harm is reduced.

Professionals in all agencies and organisations (including public services, commissioned provider services and voluntary organisations; whether paid or a volunteer) who come into contact with children, who work with adult parents/carers or who gain knowledge about children through working with adults, should:

  • be alert to potential indicators of abuse or neglect;
  • be alert to risk and vulnerability factors which can increase a child’s vulnerability to abuse and neglect;
  • be aware that mental health problems can be an indicator that a child has suffered, or is at risk of suffering abuse, neglect or exploitation;
  • be alert to the risks which individual abusers, or potential abusers, may pose to children;
  • be alert to the impact on the child of any concerns of abuse or maltreatment;
  • be able to gather and analyse information as part of an assessment of the child’s needs.

Multi-agency training is crucial for enhancing collective awareness of local needs and available services for supporting children and young people. Practitioners across universal and specialist services must recognise and report signs of abuse and neglect, ensuring children receive necessary assistance. Continuous development of practitioners’ knowledge and skills in identifying new threats like online abuse, grooming, sexual exploitation, and radicalisation is essential for effectiveness. Moreover, practitioners should deepen their understanding of domestic abuse, encompassing controlling and coercive behaviours, and its impact on children. To facilitate this, safeguarding partners should assess local training requirements and establish mechanisms for monitoring and evaluating the effectiveness of commissioned training.

4. Effects of Language used in Safeguarding and Child Protection

Effective communication in safeguarding and child protection is crucial. Professionals must carefully consider the language they use and its potential impact on those involved.

Various agencies and professions use different terminology and acronyms to describe needs, leading to a complex landscape of communication. Failure to explain this terminology can result in professionals, individuals, and families feeling disempowered and excluded from the safeguarding process. This lack of understanding can hinder partnership working and ultimately impact outcomes and wellbeing.

5. Shared Responsibility

All children have the right to be safeguarded from harm and exploitation whatever their:

  • race, religion, first language or ethnicity;
  • gender (including gender identity) or sexuality;
  • age;
  • health or disability;
  • location or placement;
  • any criminal behaviour;
  • political or immigration status.

Statements about, or allegations of abuse, or neglect made by children, must always be taken seriously.

Effective safeguarding relies on the shared commitment and cooperation of all relevant agencies and individuals.

The wishes and feelings of children are vital elements in assessing risk and formulating protection plans, and must always be sought and given weight according to the level of understanding of the child.

6. Principles Underpinning all Work to Safeguard and Promote the Welfare of Children

The safeguarding partners and all managers, employees, professionals, volunteers, carers, independent contractors and service providers must ensure that their practice reflects an approach which is as follows.

  • Child-centered Approach: Professionals must prioritise the welfare of the child, ensuring they are seen, heard, and understood in decision-making processes.
  • Rooted in Child Development: Understanding the stages of child development is crucial for planning interventions that cater to the child’s needs at every age.
  • Focused on Outcomes for Children: Plans and interventions should be tailored to address the unique needs of each child, aiming for outcomes aligned with key welfare objectives.
  • Holistic Approach: Assessment and intervention strategies should consider the broader context of the child’s environment, including family dynamics and cultural factors.
  • Ensuring Equality of Opportunity: All children deserve equal access to opportunities for healthy development, regardless of background or circumstances.
  • Involvement of Children and Families: Collaborative relationships with children and their families facilitate understanding and trust, crucial for effective intervention.
  • Building on Strengths: Recognising and leveraging the strengths within families is as important as addressing difficulties, ensuring a balanced approach to intervention.
  • Integrated Approach: Multi-agency collaboration should begin early to address additional needs beyond universal services, promoting comprehensive support for children.
  • Continuous Process: Safeguarding is an ongoing process that requires continuous assessment, intervention, and review to adapt to the child’s evolving needs.
  • Providing and Reviewing Services: Services should be provided promptly based on identified needs, with regular reviews to assess their impact on the child’s development.
  • Informed by Evidence: Professional judgments should be informed by evidence-based practices and ongoing evaluation to ensure effectiveness in safeguarding children and families.

7. Working in Partnership with Children and Families

Working Together to Safeguard Children provides: In the context of a child-centred approach, all practitioners should work in partnership with parents and carers as far as possible. Parents and carers need to understand what is happening, what they can expect from the help and support provided, what is expected of them and be supported to say what they think. This is particularly important when there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, whether the harm is from inside or outside the home including online.

8. Four Principles that Underpin Work with Parents and Carers

  1. Building Positive Relationships: Practitioners establish trust and cooperation by approaching families with empathy and respect, avoiding stigma, and identifying strengths to support positive change. They adapt their approach to address diverse needs and recognise signs of abuse or neglect without resorting to stereotypes.
  2. Clear and Inclusive Communication: Communication is respectful, clear, and inclusive, catering to the needs of parents and carers. Materials are age-appropriate, free of jargon, and accessible in multiple languages if necessary, with professional interpreters provided when needed.
  3. Empowering Decision-Making: Parents and carers are empowered to participate in decision-making processes. They are informed in advance about meeting attendees and formats, encouraged to bring support persons, provided with relevant information and access arrangements, and guided towards available local support services.
  4. Community Engagement and Feedback: Practitioners involve parents, carers, families, and communities in designing safeguarding processes, incorporating their insights and feedback into service improvement efforts continuously.

9. Cultural Competency

Culturally competent practice acknowledges and aims to understand the meaning of cultural identity within each individual’s and family’s lives. Cultural competence is being responsive to the beliefs, practices and cultural and linguistic needs of children and families.  It places children’s wellbeing and protection within their cultural context and, by being culturally competent, practitioners can better identify which aspects of the family’s difficulties are ‘cultural’, which are neglectful, and which are a combination of factors.

‘Knowledge and understanding of culture and faith is critical to effective assessments of harm through neglect and/or abuse. However, culture and faith should not be used as an excuse to abuse and must never take precedence over children’s rights.

Where there is a cultural explanation given in relation to significant harm, the Children Act 1989 is clear that the welfare of the child is paramount and should remain the focus of any professional intervention. Whilst an understanding of cultural context is necessary, this should not get in the way of measures to protect the child from significant harm.

The following framework comprises six competencies for professionals, which seek to assist the professional to be clear about the risks from neglect and/or abuse to a child wellbeing six competencies for effective safeguarding – cultural competency

Please also refer to:

Safeguarding Children from Black, Asian and Minoritised Ethnic Communities (NSPCC Learning)

Safeguarding in Faith Communities (NSPCC Learning)

10. Sussex Safeguarding Children’s Partnership Anti Racist Practice Statement

10.1 Guiding principles

There is no place for racism in Sussex.

We recognise that the impact racism has on our communities is devastating. It is our responsibility to create safe, inclusive and supporting environments and challenge racism when we see it. We stand firmly together with our partners in being committed to tackling institutional and interpersonal racism in all of its forms. We commit to listening, monitoring and continually evaluating our practice because we recognise that good anti-racist practice for the Partnership leads to better outcomes for our children in our county.

Anti-racist practice seeks to identify where people are discriminated against because of race or membership of global majority communities, and to take active steps to address the systems, privileges and everyday practices that maintain this unequal treatment, whether they be intentional or unintentional.

This statement seeks to set out the principles and actions we will adopt towards this aim. Anti-racist practice extends to how we work together as colleagues and professionals, as well as with families, children and young people.

We should speak up when professionals interact or behave in a way that is disrespectful or unacceptable, whether of families or of colleagues.

10.2 Anti-Racist working as a Safeguarding Children’s Partnership

  • Accept racism exists and affects many of us and our children.
  • Be aware of prejudices within ourselves, in others and in the services we provide.
  • Be aware of the potential for stereotyping and bias. Do not make assumptions about someone’s race, ethnicity and culture, based on presenting behaviour or what is recorded about them within assessments or reports.
  • Always consider the race, ethnicity and cultural needs of children, families and adults within our services and partnership activity.
  • To strive as a partnership to deepen our understanding of both the structures of racism and the development of cultural competence and cultural humility.
  • Be aware that families from black and global majority communities will have lived experience of racism, which may impact on how they present. The cumulative impact of racism is trauma and can impact on people’s mental health, in terms of anxiety and depression.
  • Intersectionality: the different aspects of identity and their social implications can multiply inequalities and may further compound experiences of racism, discrimination, and oppression, in terms of being Black, male, unemployed, working class, poor health (including mental health), disabled, LGBTQ+ etc – particularly in terms of institutional and structural racism.
  • Research reveals there is an overrepresentation of black children in our care system, child protection systems, within school exclusions and within mental health and criminal justice services. We need to consider the cause, not just behaviours and plan appropriate support and challenge to services within the community.
  • Wherever possible, ensure that black African, Caribbean/Asian/Muslim fathers (and those from other minoritised communities) are included in assessments, decision making and as potential carers in their children’s lives – even if they are ‘non-resident’ (as they are not always absent).
  • Consider the Adultification of black children, whereby black boys and girls can be treated more like adults due to perceptions of them presenting as older or more confident than their white peers. Remember they are children first and foremost.

10.3 Recognising and Challenging Racism

The Partnerships need to promote that a key part of anti-racist practice is ensuring you look at your beliefs and where they come from and to educate yourself about different cultural practices / traditions, customs and norms that may be unfamiliar to you for example see Female Genital Mutilation chapter, Honour Based Abuse chapter, Forced Marriage chapter, Abuse Linked to Spiritual and Religious Beliefs / Ritual Abuse and Breast Ironing chapter. Be aware that these issues can impact on white communities too. We firmly challenge and do not support these harmful practices in any form.

Consider diverse communities’ religion and cultural festivals, such as Ramadan, Eid, Chinese New Year, Yom Kippur, Diwali. Be mindful of families who may be fasting for Ramadan for instance, when arranging appointments.

Don’t just consider ‘cultural competence’, which relates to reading/researching about someone’s culture from a white privileged perspective, consider ‘cultural humility’ too, which focusses on continued learning about black communities, beliefs, norms, customs, faith, and traditions. This requires reflection on one’s own beliefs, values and biases and how this may impact on how we receive information and respect the culture and values of others, it encourages us to remain curious (see Conversations about Culture: The Importance of Cultural Humility – YouTube video) and be mindful of White privilege (see What is White Privilege? BBC).

It is important to be responsible for calling out and challenging racism when we come across it. Whether amongst colleagues, employees, or families with whom we work with.

Microagressions are statements that put white people into a dominant position without being obviously hostile and are a ‘subtle’ form of racism, which people can use intentionally or unintentionally (see How Microaggressions can cause Lasting Pain, BBC). These are to be avoided.

Being an ally to all in the partnership and the families with whom we work involves noticing microaggressions, discrimination, assumptions, stereotypes, oppression and racism and feeling confident enough to challenge it, in all its forms, in a nonconfrontational manner, by asking questions and making people aware that what they are saying or doing is discriminatory, offensive, or racist and why.

We need to be open to being challenged and to recognise in ourselves that this might be difficult and uncomfortable and be aware of possible defensiveness we may have about this.

12. Gender Identity and Expression

Gender identity is a way to describe whether someone feels most aligned with girl, boy, neither, both or without gender at all. Some children and young people are very clear on what their gender identity is and for others it may change over time through a period of exploration. These children may be trans, non-binary or gender exploring.

When children experience discomfort or uncertainty about their gender identity this can have a detrimental impact on their physical and emotional health and wellbeing as can the prejudice, discrimination and misunderstanding they may be subject to by both children and adults.

Safeguarding the mental & physical health of children and young people is paramount. Some trans, non-binary and gender exploring children and young people may be particularly vulnerable and require additional support.  Whilst being trans, non-binary or gender exploring would not generally, in isolation, necessitate safeguarding intervention, neither should it be a barrier to such intervention.

See also Gender Identity (NSPCC)

13. Gender Dysphoria

Gender dysphoria is characterised by an individual’s distress or discomfort stemming from a misalignment between their gender identity and their biological sex. Manifesting from early stages of development, this experience may involve expressions like a reluctance to conform to traditional masculine or feminine attire. Furthermore, as individuals progress into adolescence, they may encounter heightened anxiety or discomfort regarding the physical changes associated with puberty, such as the onset of menstruation or the deepening of one’s voice.

14. Children who are Lesbian, Gay, Bi-sexual or Transgender (LGBTQ+)

It is important to recognize that a child or young person identifying as LGBTQ+ is not inherently at risk of harm. However, individuals in this community can face targeted harassment or discrimination from both peers and adults. Moreover, even children perceived to be LGBTQ+ (regardless of their actual orientation) can be just as vulnerable as those who openly identify as LGBTQ+.

This vulnerability can be exacerbated when LGBTQ+ children lack a trusted adult with whom they can confide. Therefore, it’s crucial for professionals to actively work to mitigate these additional barriers and create safe spaces where LGBTQ+ children feel comfortable speaking out and sharing their concerns.

By acknowledging and addressing these challenges, professionals can better support LGBTQ+ children and young people, ensuring they receive the care and assistance they need to thrive in their environments.

15. Six Key Practice Themes to make a Difference in Reducing Serious Harm and Preventing Child Deaths caused by Abuse or Neglect

The 2021 annual report from the Child Safeguarding Practice Review Panel highlights six key practice themes to make a difference in reducing serious harm and preventing child deaths caused by abuse or neglect:

  1. understanding what the child’s daily life is like;
  2. working with families where their engagement is reluctant and sporadic;
  3. critical thinking and challenge;
  4. responding to changing risk and need;
  5. sharing information in a timely and appropriate way;
  6. organisational leadership and culture for good outcomes.

16. Case Recording Principles

Good quality case recording is essential in ensuring:

  • continuity of service to children and families when staff are unavailable or change, or when a service resumes after a period of time;
  • effective risk management practices to safeguard the well-being of children, especially in emergency situations;
  • effective partnerships between staff, children, their families, their carers, other agencies and service providers;
  • clarity of information for everyone involved in the planning and delivery of services, and in the event of investigations, inquiries, or audits;
  • adequate information for staff and managers to ensure the best possible utilisation of available resources;
  • as a means by which to ensure accountability and adherence to procedures and statutory responsibilities;
  • details of good quality observations of the child and care givers.

16.1 Recording the child’s story

This is the child or young person’s story of what happened and why.

Research shows that children’s voices are rarely or briefly reflected in their own records (The MIRRA (Memory – Identity – Rights in Records – Access) 2019).

It is important to capture the voice of the child in recording to reflect their feelings, experiences, wishes and perspectives.

For some children a written record will be the only resource they have to learn about their childhood and to understand decisions made with them and about them. l If a child wants to look at, read, and understand their record it should be easily understood, accessible and reflect their xxx.

The British Association of Social Workers (BASW) case recording tips:

  • include the child throughout the recording;
  • write records as if writing to the child or family members;
  • make records purposeful and analytical;
  • include memory objects (eg. photos) sensitively and critically;
  • make sure records reflect the whole of the child’s story and why decisions were made;
  • chart the child’s journey;
  • include different views and opinions;
  • make records easy to access;
  • make sure recording is balanced and meaningful;
  • avoid jargon and vague language, do not record every piece of communication.

17. Sussex Statement of Recognition that care leavers have a right to their information

Many older post-care adults are still unaware that they can access their childhood care files:

“All Care Leavers and those who had been supported through Children’s Social Care have the right to fully access their childhood care files. Access to this information can have a positive impact on people’s lives. The value of these files, and the need for us to promote this right of access, is recognised by the Sussex Safeguarding Children Partnerships and we aim to offer all care leavers support and kindness in what can be a difficult and challenging process.”

This statement is also included in the Local Offer and in information explaining Access to Records.

18. Infographic for Children and Young People Summarising UK Government Actions to Protect Children’s rights

Infographic on the United Nations Convention on the Rights of the Child (Department of Education) (opens as a pdf)

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1. Introduction

The responsibility for safeguarding children belongs to everyone. Children will only be safe if families, communities and professionals work together to promote their welfare.

It is important that all members of the community understand that Child Protection is a concern for everyone and that effectiveness of professional agencies will depend on the awareness and support of the public.

If any member of the public is concerned that a child or young person may be suffering Significant Harm they should either telephone:

  • Local Children’s Social Care and ask to speak to a duty officer – see Local Contacts;
  • Police;
  • NSPPC National Child Protection Helpline which includes telephone (0808 800 5000) and other options, including text, e-mail and Sign video for the deaf or hard of hearing.

All children should be safe and able to develop to their full potential. The protection of vulnerable children is vital and child protection procedures must be effective and work consistently across organisational boundaries.

Brighton and Hove, East Sussex and West Sussex Local Safeguarding Partners have commissioned the policies and procedures in this manual, which reflects a significant consensus about best practice across the three areas, and all those agencies in Sussex that contribute to the prevention, detection and investigation of abuse or neglect, risk management of offenders and the support and treatment of those affected.

The Pan Sussex Procedures Sub-Group will continue to keep these procedures under review to take account of changes in legislation, government policy, research findings and professional experience.

2. Context

The development of the procedures manual is one of the core functions of the safeguarding partners in their role to coordinate local work to safeguard and promote the welfare of children.

The procedures encourage close working between agencies to facilitate early intervention in a supportive way to meet the needs of children and their families.

The manual complies with current legislation together with other government statutory guidance and expectations, and reflects accepted best practice.  These procedures have been drawn from Working Together to Safeguard Children (Department for Education).

3. Relationship of Policy, Procedures and Guidance

3.1 Policy framework

The Contents page will guide you to the relevant policy or procedure.

If necessary, agencies may develop supplementary ‘internal’ policies which represent higher standards or which reflect an agency-specific contribution to child protection.

In order to maintain the strategic advantage of a Sussex approach, any such supplementary policies should be consistent with those in this manual.

4. Procedures

Procedures indicate what must or may be done in specified circumstances and define the limits of professional discretion.

For staff in those agencies that formally adopt them, these procedures have the status of instructions and any inability or failure to comply with them should be accompanied by a brief explanation.

Any supplementary internal procedures developed by agencies should also refer to, and comply with these procedures.

It is anticipated that these procedures will also inform and support effective collaboration with the large number of non-statutory agencies and organisations and individual professionals whose contributions also assist in safeguarding children in Sussex.

5. Guidance

Guidance provides contextual information or addresses the question of ‘why’ specified actions may be required.

This manual has included guidance only to the extent that it is required to understand a procedure and facilitate day-to-day practice.

The inter-relationship of law, policy, guidance and procedures is represented diagrammatically:

(click on the image to enlarge it.

Diagram of the relationship between policy, procedure and guidance. Law and regulations inform national statutory guidance. This in turn informs Sussex policy, which informs local procedures and guidance.

6. Relevant Staff

The contents of this manual are for application by those working, whether paid or unpaid, in safeguarding partner agencies and in private or voluntary sector organisations with responsibilities for children living or present in the Sussex area.

Where safeguarding partner agencies commission services from private or voluntary organisations, they should seek to make compliance with this document a contractual requirement.

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Last reviewed in November 2024.

The documents for each area are listed in the following sections.

Brighton and Hove

East Sussex

West Sussex

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This accessibility statement applies to the Sussex Safeguarding Children Policies, Procedures & Practice Resource website.

This website is run by Policy Partners Project. We want as many people as possible to be able to use this website. For example, that means you should be able to:

  • change colours and font sizes via our accessibility stylesheets
  • zoom in up to 300% without the text spilling off the screen
  • view all video content with subtitles on by default
  • navigate most of the website using just a keyboard
  • navigate most of the website using speech recognition software
  • listen to most of the website using a screen reader (including the most recent versions of JAWS, NVDA and VoiceOver)

We’ve also made the website text as simple as possible to understand.

AbilityNet has advice on making your device easier to use if you have a disability.

 

How accessible this website is

This web pages of this site are navigable via keyboard, and readable via screen-reader. However we cannot guarantee the accessibility of any linked files, such as PDFs and Word documents.

We add text alternatives for all images that contain vital information. When we publish new content we make sure our use of images meets accessibility standards.

Feedback and contact information

If you need information on this website in a different format like accessible PDF, large print, easy read, audio recording or braille please use the Contact Us page.

We’ll consider your request and get back to you shortly.

Reporting accessibility problems with this website

We’re always looking to improve the accessibility of this website. If you find any problems not listed on this page or think we’re not meeting accessibility requirements, contact PPP using the form on our company website.

Enforcement procedure

The Equality and Human Rights Commission (EHRC) is responsible for enforcing the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 (the ‘accessibility regulations’). If you’re not happy with how we respond to your complaint, contact the Equality Advisory and Support Service (EASS).

Technical information about this website’s accessibility

Policy Partners Project is committed to making its website accessible, in accordance with the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018.

Compliance status

This website is compliant with the Web Content Accessibility Guidelines version 2.2 AA standard, with non-compliances and exemptions listed below.

Non-accessible content

Disproportionate burden (Interactive tools and transactions)

Some of our interactive elements supplied by 3rd party developers/features, such as forms or recaptcha boxes, may be more difficult to navigate using a keyboard. For example, because some form controls are missing a ‘label’ tag.

Where we rely on 3rd party developers for key features we will work alongside them to develop and install any accessibility improvements that can be made to those features.

PDFs, images and other documents

Some of our content is supported by, or links out to, PDFs, images and Word documents supplied by other sources. We will aim, where possible, to ensure any linked documents or embedded images (created post-September 2018) in our control will be accessible.

Preparation of this accessibility statement

This statement was reviewed on 24/01/2025.

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Policy Partners Projects (“We”) are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting this website you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 2018 (the “Act”), the data controller is Policy Partners Project of:

53 Greystones Grange Road, Sheffield, S11 7JH

Our nominated representative for the purpose of the Act is Angie Heal.

Information we may Collect From you

We may collect and process the following data about you:

  • Information you give us / Consent:
    You may give us information about you by filling in forms on this site or by corresponding with us by e-mail or otherwise. The information you give us may include your name, work title and e-mail address. By providing us with this information in order to use a service (e.g. signing up for email notifications or using an online contact form) you are giving us explicit consent to use the information to provide you with that service.
  • Information we collect about you:
    With regard to each of your visits to our site we may automatically collect the following information:

    • Anonymised technical information, including (if relevant) your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • Anonymised information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
  • Information we receive from other sources:
    We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

Cookies

Like most interactive web sites this Company’s website) (or ISP) uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Log Files

We use anonymised visitor data to analyse trends, administer the site, track visitor movements, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Uses Made of the Information

We use information held about you in the following ways:

  • Information you give to us – we will use this information:
    • To carry out our obligations to provide you with the information, products and services that you request from us;
    • To notify you about changes to our service;
    • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • Information we collect about you – we will use this information:
    • To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • To improve our site to ensure that content is presented in the most effective manner for you and for your computer;
    • To allow you to participate in interactive features of our service, when you choose to do so;
    • As part of our efforts to keep our site safe and secure.
  • Information we receive from other sources:
    We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of Your Information

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We will not share your personal information with third parties for marketing purposes, however we may share your information with selected third parties for the following reasons:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them.
  • Anonymised data passed to analytics and search engine providers that assist us in the improvement and optimisation of our site.
  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Policy Partners or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If legally required to do so to the appropriate authorities.

Where we Store Your Personal Data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Access to / Deletion of Information

The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.

You may also contact us to request that we delete any personal information we hold about you.

Removal from Services

Where you have provided personal information for a specific service (for example giving us your email address in order to receive email notifications) we will provide the ability to opt-out of these systems via a hyperlink in any relevant email communication.

Changes to our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Links from this Website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright

Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected]

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