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08.0 Child Protection in Specific Circumstances

8.01 Abuse of Disabled Children

8.1.1 The available UK evidence on the extent of abuse among disabled children suggests that disabled children are at increased risk of abuse, and that the presence of multiple disabilities appears to increase the risk of both abuse and neglect. Disabled children may be especially vulnerable to abuse for a number of reasons. Some disabled children may:

8.1.2 Safeguards for disabled children are essentially the same as for non-disabled children. There should be particular attention paid to promoting a high level of awareness of the risks and high standards of practice, and to strengthen the capacity of children and families to help themselves. Measures include:-

8.1.3 Where there are concerns about the welfare of a disabled child, they should be acted upon in accordance with the guidance in Section 4 in the same way as with any other child. The same thresholds for action apply. It would be unacceptable if poor standards of care were tolerated for disabled children that would not be tolerated for non-disabled children.

8.1.4 Where a disabled child has communication difficulties or learning difficulties, special attention should be paid to communication needs and to ascertain the child’s perception of events, and his or her wishes and feelings.

8.1.5 Social Care and the Police should be aware of non-verbal communication systems, when they might be useful and how to access them. They should also know how to access interpreters or facilitators. Agencies should not make assumptions about the ability of a disabled child to give credible evidence, or to wishstand the rigours of the court process. Each child should be assessed carefully, and helped and supported to participate in the criminal justice process when this is in the child’s best interest.

8.02 Organised and Complex Abuse

8.2.1Definition: Organised or complex abuse covers circumstances that may involve a number of abusers and/or a number of children. The abusers concerned may be acting in concert to abuse a child or children. One or more of the adults may be using an institutional framework or position of authority to recruit children for abuse.

8.2.2 It reflects, to a greater or lesser extent, an element of organisation on the part of the adult(s) involved, and may involve:-

8.02.04 General Principles

8.2.4.1 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 time consuming nature of any consequent legal proceedings.

8.2.4.2 Such cases usually require the formation of dedicated teams of professionals from both the Social Care and Police for the purposes of investigation.

8.2.4.3 It is recognized that paedophiles often operate across geographical boundaries and the procedure takes into account the involvement of more than one authority.

8.2.5 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.

8.2.5.1 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 or safety of the children involved.

8.2.5.2 Information generated throughout the investigation should be shared on a ‘need to know’ basis.

8.2.5.3 Where appropriate, these procedures must be implemented in conjunction with procedures on abuse by staff.

8.02.06 Initial Strategy Discussion

8.2.6.1 Social Care Service Manager and the CAIT DI must be informed immediately of a suspicion of a ‘complex case’. The Service Manager and the DI will have a management strategy discussion/meeting on the same day as the referral is received. The strategy discussion/meeting must:-

8.2.6.2 The management strategy discussion/meeting may include the referrer, a legal adviser and anyone else as appropriate or relevant to the meeting.

8.2.6.3 If the management strategy discussion/meeting concludes that their suspicion is confirmed, the Head of Children’ Services must be informed and provided with the plan of investigation (see bullet points above).

8.02.07 Professionals Who Need To Be Informed

The Head of Children’s Services must inform the following:-

8.02.08 Strategic Management Group (SMG)

8.2.8.1 The terms and reference of the SMG must be set up as specified in the HO and DH Guidance.

8.2.8.2 A SMG will be convened within 5 working days of the receipt of the referral.

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

8.2.8.4 The SMG will agree a plan that includes the following:-

8.2.8.5 An individual must be designated to act as coordinator between the SMG and the Joint Investigation Group identified in the plan (usually the Police senior investigation officer, or the Social Care lead manager)

8.2.8.6 The Coordinator will manage the Joint Investigating Group, liaise with and attend the SMG and prepare a report at the conclusion of the case.

8.2.8.6 The SMG must make arrangements to convene regularly during the investigation to:-

8.2.8.7 A dedicated team of Police Officers may be formed to deal with a cross boundary enquiry.

8.2.8.8 The SMG should remain in existence at least until the Court or CPS has made a decision about the perpetrators.

8.2.8.9 The SMG will report to the Safeguarding Children Board, who must decide if a Serious Case Review should be initiated.

8.02.09 Joint Investigation Group

8.2.9.1 This group, managed by the Joint Investigation Group Coordinator, should consist of experienced personnel from CAIT and Social Care and/or independent agency.

8.2.9.2 The size of the group will depend upon the scale of the investigation but, in the majority of cases, both CAIT and Social Care should provide a line manager and two staff/officers experienced in interviewing children and trained in Achieving Best Evidence in Criminal Proceedings.

8.2.9.3 Membership should be such that there is no lone working and that a minimum of two workers act as a team at all times when carrying out the investigation.

8.2.9.4 Membership should be such that there is the necessary level of support and supervision for all staff.

8.2.9.5 Membership may also include health professionals, as appropriate (in particular, Police Surgeon, community Paediatrician, Consultant Psychiatrist and Health Visitor), Education (Head Teacher, Class Teacher, ESW), CPS Legal Services, Probation Victim Support, and independent social work agencies.

8.2.9.6 Consideration should be given to rotation of membership to promote management of stress and provide a fresh approach.

8.2.9.7 In selecting staff, consideration should be given to the individual needs of the child(ren) e.g gender, culture, race, language.

8.02.10 Responsibilities

8.2.10.1 The Joint Investigating Group will be responsible for the following:-

8.02.11 Crossing Geographical and Operational Boundaries

8.2.11.1 At the outset, the responsibility for managing the investigation lies with the Social Care Team where the abuse is alleged to have occurred/where the perpetrators are alleged to operate.

8.2.11.2 Once it is recognised there are suspected or potential victims in other areas, the SMG should make a joint approach to the appropriate Social Care and CAIT.

8.2.11.3 The original Joint Investigation Team should undertake the investigation on behalf of the other areas.

8.2.11.4 A senior manager from the other area should join the initiating SMG to discuss the investigation and agree any resource implications.

8.2.11.5 If the workload outside the boundary of the original Joint Investigating Team exceeds its capacity to respond, then a Joint Investigating Team in the new geographic area should be established.

8.2.11.6 It is essential that there is one SMG to provide overall planning and to ensure close working and full information sharing between each joint investigating team through each team coordinator.

8.03 Domestic Abuse

8.3.2 Prolonged and/or regular exposure to domestic abuse can have a serious impact on a child’s development and emotional wellbeing as well as his or her physical safety. Click here for more information. As such it is one of the potential causes of significant harm to children which may warrant the use of the child protection procedures.

8.3.3 The definition of harm has been updated by the Adoption and Children Act 2002 S.120 to include:

8.03.04 Definition

8.3.4 Domestic Abuse is any violent or abusive behaviour whether physical, sexual, psychological, emotional, verbal or financial which is used by one adult to control and dominate another with whom they have or have had a personal or family relationship regardless of gender.

8.03.05 Procedure

8.3.5 All staff who receive information or have concerns about domestic abuse must establish if there are any children living in the household and a check must be made to the Central Children's Database. Telephone number is 01609 774298. Then using the domestic abuse screening tool (see below) must consider if it is necessary to make a referral to Children’s Social Care as a child in need or a child in need of protection.

8.3.6 The Police can often be the first point of contact with families where domestic abuse takes place. The investigating officer should identify whether a child was present when the incident occurred, or whether a child is ordinarily resident at the address where it occurred. They should see any child present in the house to assess their immediate safety.

8.3.7 Further to 8.3.5 above in all incidents of domestic abuse where children are living in the household a notification must be made by the Police Officer to the Police Community Protection Units. The staff in this unit will decide whether a referral to Children’s Social Care is necessary, taking into consideration previous information regarding domestic abuse and or child welfare concerns.

8.3.8 Domestic abuse is likely to have a damaging effect on the health and development of children, and it will often be appropriate for these children to be regarded as children in need.

8.3.9 Normally one serious or several lesser incidents of domestic violence where there is a child in the household would indicate that Children’s Social Care should carry out an initial assessment of the child and the family.

8.3.10 Any response by Children’s Social Care to a referral should be discreet in terms of making contact with victims. Standard letters should not be sent as this could further endanger the victim or their children.

8.3.11 Refuge addresses should not be disclosed by any agency and the P.O Box number should be used in all correspondence.

8.3.12 Refuge telephone numbers can be given to victims to domestic abuse.

8.03.13 Screening Tool

8.3.13 There is a recognition that children may suffer from witnessing or hearing the ill treatment of another in circumstances of domestic abuse. There is a need to balance the information and use your professional judgement as to whether the child is suffering or likely to suffer significant harm and the need for a referral to Children’s Social Care.

8.3.14 The following screening tool is intended to help with this decision:

8.3.15 A referral must always be made to the Children’s Social Care (see section 6) in the following situations:

8.3.16 A referral to Children’s Social Care should be considered in the following situations:

8.3.17 If you are unsure as to whether a referral should be made to Children’s Social Care you must consult with your agency lead for child protection and/or Children’s Social Care.

8.04 Visits by Children to Special Hospitals

8.4.1 These procedures are derived from guidance issued through Local Authority Circular LAC (99)23, as amended by LAC (2000)18, and come as a response to the recognition that children have been put at risk when visiting patients in the three special hospitals, Broadmoor, Rampton and Ashworth.

8.4.2 The guidance is based on the following principles:

8.4.3 A request for a visit assessment is to be made to Social Care by the hospital authorities once certain criteria are met.

8.4.4 Social Care then has a responsibility to assist the hospital authorities in making a decision about the appropriateness of a visit by completing an Initial Assessment.

8.4.5 The outcome of the Assessment is then sent to the relevant hospital authorities for consideration by an independent hospital panel. Copies should also be sent to the Child Protection Custodian, Social Care, for quarterly returns to the Safeguarding Children Board who have a responsibility to monitor and review the use of the guidance.

8.4.6 In order to establish whether a visit is in the child’s best interests, the Initial Assessment must establish the following information:-

8.05 Adults Who Present a Risk to Children

8.5.1 Children’s Social Care has a responsibility to assess risk to children when it becomes known that a person who is proven or suspected of being a child abuser is sharing the household or has significant contact with children.

8.5.2 Professionals from other agencies have a responsibility to pass information to Social Care when they become aware of potential child abusers having contact with children. They also have a responsibility to participate fully in any investigation or enquiry led by Social Care.

8.5.3 These procedures apply to the following categories, if it is believed they have access to children:-

o There is evidence of the offender’s guilt sufficient to give a realistic prospect of conviction
o The offender has admitted the offence
o The offender (or, in the case of a juvenile, his parents or guardian) must understand the significance of a caution and give informed consent to being cautioned.

8.5.4 An Assessment of Risk is carried out under Section 47 of the Children Act 1989 in the way described in these procedures. This will include informing parents/carers of the concerns held by Social Care and making a judgement about risk to the children.

8.5.5 It will be normal practice to inform the person giving cause for concern about the intention to make enquiries and about the nature of the concerns. The person giving cause for concern will normally be offered the opportunity to disclose the necessary information to the appropriate parents/carers. Social Care has the responsibility to ensure this is done adequately.

8.5.6 Social Care will need to consider the appropriateness of holding a Child Protection Conference and/or legal proceedings if identified risks warrant such action.

8.05.07 Passing on Information About Individuals Who May Present a Risk to Children (Including All Five Categories Above)

8.5.7 A decision to disclose information to parents/carers or other agencies about adults who present a risk to children will be made by Social Care Service Managers. This will be done after the Service Manager determines that the protection of children overrides concerns about the confidentiality of the individual. Practitioners should refer to the Multi-agency Public Protection Panel Protocol.

8.05.08 Disclosure of Information to Professionals Working in Safeguarding Children Board Agencies

8.5.8 All staff working in Safeguarding Children Board member agencies have a responsibility to ensure children in their care are adequately protected. They therefore have a responsibility to share information about individuals where a risk of child abuse is suspected.

8.05.09 Schedule One Offenders

8.5.9 These are people who have been convicted of an offence against children. It is important to note that there is no register of Schedule One Offenders. The Central Children's Database Administrator and the Probation Service hold lists of some known Schedule One offenders living in the county. The Police, through the Police National Computer, will have a record of any individual’s offences and will know if the individual concerned is a Schedule One Offender. This information is accessed through the Section 47 enquiry.

8.06 Children and Young People Who Abuse (Including Sexual Abuse)

8.6.1 Children and young people can suffer abuse from the hands of other children and young people. The abuse can take place in a variety of settings, such as home, school, foster homes, and residential homes or on the streets.

8.06.02 Peer Abuse

8.6.2 Children, particularly those living away from home, are also vulnerable to sexual abuse by their peers. Such abuse should always be taken as seriously as abuse perpetrated by an adult. It should be subject to the same child protection procedures as apply in respect of any child who is suffering, or at risk of suffering, significant harm from an adverse source. A significant proportion of sex offences are committed by teenagers and, on occasion, by younger children.

8.6.3 Staff in a residential setting need clear guidance and training to identify the difference between consenting and abusive, appropriate or exploitative peer relationships. Staff should not dismiss some abusive sexual behaviour as ‘normal’ between young people and should not develop high thresholds before taking action.

8.06.04 Overview

8.6.4 Three key principles should guide work with children and young people who abuse others:-

8.6.5 A judgement has to be made about the seriousness of the behaviour, the context of its occurrence and the ability of parents or carers to protect other vulnerable children. This will determine the course of action that needs to be followed. Special care needs to be taken to ensure behaviour amounts to more than normal experimentation or exploration that is commonplace within the general child population.

8.6.6 Factors to look out for include:-

8.06.07 Initial Child Protection Procedures

8.6.7 The process in relation to the alleged perpetrator must be separated from the child protection process for the victim. The Procedures in Section 5 should be followed. The following procedure is in relation to the alleged abuser.

8.6.8 On receipt of an allegation of abuse by children and young people, the appropriate Child Services team will begin the assessment process and convene a Strategy Discussion.

8.06.09 Strategy Meeting

8.6.9 The Strategy Discussion should include the social care Service Manager, the child’s social worker, the Police Officer in charge of the case and/or a member of CAIT if there is a prospect of police action, a representative of the Youth Offending Team (YOT), a representative from Education, the referring agency and any other professional appropriate to the child (including an interpreter or special needs advisor if communication is an issue). Consideration should be given to including a representative of the paediatric services.

8.6.10 A Section 47 enquiry should be followed if it is judged that the child abuser is also a current victim of abuse within the family. This could lead to a Child Protection Conference if there are unresolved child protection issues for the young person or others who associate with him or her.

8.6.11 A Section 17 Assessment should be pursued if it is judged that the child is not a current victim of abuse. A police investigation may also be appropriate depending on the circumstances. The needs of such children are often very complex and consideration should be given for the need of a multi-agency planning meeting to determine the means of assessing the child’s needs and how they should be met. The parents and young person should be included in this meeting.

8.6.12 Following the completion of the Initial Assessment, consideration should be given to the convening of a Planning Meeting to help meet needs identified by the Assessment. The Planning Meeting should include those involved in the Strategy Discussion and the Initial Assessment and others who may be able to offer the young person an appropriate service.

8.07 Children and Young People Being Discharged from Hospital

8.7.1 No child for whom there are child welfare concerns should be discharged from hospital without a social work assessment that confirms that it is safe for the child to return home.

8.08 Protecting Children and Young People Who Are Being Sexually Exploited Through Prostitution

Introduction

8.8.1 The following procedure reflects national guidance and current thinking regarding children below the age of 18 years who are found to be exploited or at risk of being exploited through prostitution.

8.8.2 Children should not be involved in prostitution and it is important that proper prevention, protection and re-integration strategies are put in place. It is recognised that the vast majority of children do not voluntarily enter prostitution; they are coerced, enticed or are utterly desperate. Children in this situation should be treated as children in need who may be suffering, or likely to suffer, significant harm.

8.08.03 Role of Coercers

8.8.3.1 Adults who exploit young people in this way are adept at the ‘grooming’ process and target those who are vulnerable. They may offer them the affection they crave and/or material gifts, may introduce them to drugs/alcohol and inspire intense loyalty. Parents and social workers may find that convincing the young person to return home or to end the relationship is extremely difficult to achieve. The young person may not view themselves as a victim, and may not be prepared to make any complaint to the police, for example if it is thought that unlawful sexual intercourse is taking place between the young person and the older male.

8.08.04 Procedures

8.8.4 Children who are the victims of abuse through exploitation in prostitution can only be safeguarded by the concerted effort of all agencies involved to tackle both the coercer (pimp) and the abuser, whilst working positively to protect the victim.

8.8.5 When an agency suspects that a young person is at risk of involvement in prostitution, a referral should be made to Social Care, who will undertake an Initial Assessment which should include a discussion with the police. It may be that an adult with whom the young person is associating is known to the police as someone who poses a risk to children and young people.

8.8.6 There will be some circumstances where it will become apparent in the course of the assessment that there is reasonable cause to suspect the young person is suffering or is likely to suffer significant harm which is attributable to the child being beyond parental control. (The Children Act 1989, Section 31(2)(ii) and in these cases child protection procedures must be undertaken under Section 47 of the Children Act, in accordance with Section 5 of these procedures.

8.8.7 It may be the case that parents/carers have done all they can to protect their child, and yet the young person is still likely to suffer significant harm because they are outside their parents’/carers’ control. The decision about whether to proceed to a Child Protection Conference will depend upon the risks identified, in particular whether a parent is knowingly failing to protect the young person or actively encouraging prostitution.

8.8.8 Where there is no evidence to suggest a child protection enquiry is necessary or, following a child protection enquiry, there is no need to progress a Child Protection Conference, the young person’s needs should be responded to in accordance with the Children in Need framework. Where the Initial Assessment reinforces concerns, a Core Assessment should be completed. A multi-agency Child In Need Planning Meeting should be convened within 10 working days of the referral.

8.08.09 The Multi-Agency Child in Need Planning Meeting

8.8.9 The following social work agencies should attend the meeting; Social Care, Police, Education Social Work Service, School, local relevant support agency, e.g Health, School nurse, youth services, housing and other agencies already involved with the young person.

8.8.10 The purpose of the meeting is to:

8.8.11 The young person may remain at risk of significant harm despite agencies’ best efforts because of continuing involvement in prostitution. The Child In Need Plan should be reviewed regularly in this light.

8.09 Female Genital Mutilation (FGM)

8.9.1 The Female Genital Mutilation Act 2003 makes female circumcision, excision or infibulations (FGM) an offence, except on specific physical and mental health grounds. The Female Genital Mutilation Act 2003 also makes it an offence for U.K. nationals or permanent UK residents to carry out FGM abroad, or to aid, abet, counsel or procure the carrying out of FGM abroad, even in countries where the practice is legal.

8.9.2 It is therefore a child protection issue and a referral should be made to social services to enable enquiries under S.47 to be made if the practice is suspected.

8.9.3 Any situation where an intentional or actual FGM is suspected should be reported to the North Yorkshire Safeguarding Children Board. If required the North Yorkshire Safeguarding Children Board will consider developing a community based preventative strategy.

This procedure has been produced to meet the requirements of LASSL(2004)4.

Organisations that can provide more information about community education programmes include:

Agency for Culture and Change Management
St. Jude's, 14-18 West Bar Green
Sheffield
S1 2DA
Tel: 0114 275 0193
Website: www.accmsheffield.org  Email: info@accmshefield.fsnet.org 

Black Women’s Health and Family Support
1st Floor, 82 Russia Lane
London
E2 9LU
Tel: 0208 980 3503
Website: www.bwhafs.com   Email: bwhafs@btconnect.com  


Foundation for Women’s Health, Research and Development (FORWARD)
Unit 4
765-767 Harrow Road
London NW10 5NY
Tel: 020 8960 4000
Website: www.forwarduk.org.uk

Research, Action and Information Network for the Bodily Integrity of Women (RAINBO)
Queens Studios
121 Salisbury Road
London NW6 6RG
Tel: 020 7625 3400
Website: www.rainbo.org  Email: info@rainbo.org  

8.10 Child With/without Carers Arriving in North Yorkshire From Outside the UK

8.10.1 The following procedures apply to all children moving into North Yorkshire from outside the UK, whether unaccompanied with their family. relatives or with other adults.

8.10.02 Responsibility for Recognition of Child in Need

8.10.2 All agencies that come into contact with the child must consider his/her welfare and whether or not they might be a child in need and justify a referral to Social Care.

8.10.03 Attribution of Social Care Responsibility

8.10.3 Where a child arrives in North Yorkshire from overseas, the authority in which they are staying or presenting for help has a responsibility to determine the required response to the referral.

8.10.04 Assessment

8.10.4 The authority receiving the referral must undertake, at a minimum, an Initial Assessment of any child in this category.

8.10.5 Social Care should notify local health services and the local education authority of such a child.

8.10.6 As part of the Initial Assessment, social workers should ensure that they:-

8.11 Fabricated or Induced Illness

General

8.11.1 The Department of Health has issued guidance for the investigation and monitoring of suspected fabricated or induced illness as supplementary guidance to ‘Working Together to Safeguard Children’. These procedures will reflect that guidance.

8.11.2 These procedures are designed to ensure that an appropriate response to suspected fabricated or induced illness occurs across all agencies.

8.11.03 Definition

8.11.04 Referral

8.11.4 Concerns about fabricated or induced illness are likely to arise mainly as a result of information from professionals working with children, regarding a parent or carer who is over-presenting a child for medical attention or treatment, or where there is suspicion regarding the detail of certainty of the conditions of a child being presented to them by a parent or carer.

8.11.5 When a possible explanation for the signs and symptoms is that they may have been fabricated or induced by a parent/carer and, as a consequence, the child’s health or development is or is likely to be impaired, a referral should be made to Social Care. Professionals must be clear that if they feel that fabricated or induced illness is a possible explanation for the child’s symptoms, they have a duty to refer, whether or not other colleagues agree with this explanation as a possibility.

8.11.6 It will be in the interests of the child that the parent/carer does not know at this stage of the concerns about fabricated or induced illness, as the ability to diagnose and intervene could be thwarted should they be informed before a Strategy Meeting is held. The decision not to inform the parents/carers must be recorded and justified.

8.11.7 Social Care will decide within one working day what response is necessary.

8.11.08 Strategy Discussion

8.11.8 Arrangements should be made by Social Care to hold a Strategy meeting in cases where fabricated or induced illness is suspected, a Strategy meeting rather than a strategy discussion will be the most effective method of coming to an agreed understanding and decision, due to the complexity of such cases.

8.11.9 A Strategy Meeting should be held in all cases, including those where following initial checks at the start of the Initial Assessment there appears to be no further information to substantiate fabricated or induced illness. The discussion will ensure that a multi-agency decision will be made about whether fabricated or induced illness appears to be a feature of this case.

8.11.10 The following people should be invited to the Strategy Meeting:-

8.11.11 The relevant Service Manager will chair the Strategy Meeting. This responsibility cannot be delegated. The purpose of the meeting will be:-

8.11.12 It is acknowledged that procedural timescales when dealing with concerns about fabricated or induced illness may be affected by not only the need for a full and extensive chronology, but also the need to determine when and how the parents should be informed.

8.11.13 Further Enquiries

8.11.13 It may be necessary to seek expert advice to assist in diagnostic and practice matters, e.g from professionals allied to medicine – physiotherapists, etc., child psychologists, child and adolescent mental health, and adult mental health/forensic professionals, as well as considering how all the agencies will manage the work relating to a suspected case of fabricated or induced illness.

8.11.14 The need or nature of any further medical tests, if any, will depend upon the evidence available as to how the signs and symptoms may be being caused. It is important to acknowledge that any tests must be undertaken only in the child’s best interests. Unnecessary or over-investigation is, in itself, abusive.

8.11.15 It is important to assess the child’s understanding of their symptoms, and the nature of their relationship with each significant family member (including all care givers) each of the care givers’ relationships to the child, the parents’ relationship with each other and with the children of the family, as well as the family’s position in the community.

8.11.16 Careful and detailed note taken by all staff involved with the family will be very important for any subsequent police investigation or court action. Any significant or unusual events should be recorded in detail, and a distinction should be made between those events reported by the carer or others (stating who reported the event) and those actually directly witnessed by staff. Notes should be timed, dated, legible and signed. Most importantly, notes should be kept in a secure place so that they cannot be accessed by unathorised persons.

8.11.17 Criminal Investigation

8.11.17 The nature and timing of any criminal investigation will depend upon medical and any other evidence. Any evidence gathered by the police should be made available to other relevant professionals, to inform decisions about the child’s welfare.

8.11.18 Where police obtain evidence that a criminal offence has been committed by the parent or carer, it is important that the suspect’s rights are protected by adherence to the Police and Criminal Evidence Act 1984. This would normally rule out, for example, the suspect being confronted with the evidence by a paediatrician or any other personnel from the statutory agencies, except for the police, which is the lead investigative agency.

8.11.19 Use of Covert Video Surveillance

8.11.19 The use of covert video surveillance (CVS) is governed by the Regulation of Investigatory Powers Act 2000. After a decision has been made at the Strategy Meeting to use CVS in a case of suspected fabricated or induced illness, the surveillance should be undertaken by the police. This is a decision which should not be taken lightly, and the purpose of CVS should be clearly defined and a clear plan of action made at multi-agency level. The operation should be controlled by the police and accountability for it held by a Police Manager.

8.11.20 CVS should be used if there is no alternative way of obtaining information which will explain the child’s signs and symptoms, and the Strategy Meeting considers that its use is justified based on the medical information available. It is likely to be used only in a minority of cases. When it has been decided to use CVS, all personnel, including nursing staff who will be involved in its use, should have received specialist training in this area.

8.11.21 The medical consultant responsible for the child’s care should ensure that this matter is discussed at the highest level in the Trust, to ensure that the necessary medical and nursing staff are available to support the police during this operation. Discussion should involve the responsible consultant, the Named Professionals for Child Protection, the Chief Executive of the Trust, the Trust’s legal advisers and representative of Trust Ethics Committee, in conjunction with the responsible Police Manager. These discussions should take place within 72 hours of the Strategy Meeting. The role of all professionals involved should be clearly defined and the level and nature of health involvement during the period of the CVS should be agreed. All relevant staff should be briefed on the arrangements for the child’s health care. All decisions to undertake CVS should be recorded in the child’s notes and signed by the responsible consultant and the Chief Executive of the Trust.

8.11.22 At no point will the gathering of evidence be placed before the child’s need for health or medical care. The safety (both short and long term) and health of the child is the overriding factor in the planning and carrying out of CVS. The primary aim of carrying out CVS is to ascertain whether the child is having illness induced, in situations where a multi-agency decision has been taken at a Strategy Discussion that its use is justified. Of secondary importance is the obtaining of criminal evidence. In any event, the use of CVS must be proportionate to the aim to be achieved. Legal advice should be sought in all cases.

8.11.23 Concerns About Staff

8.11.23 Experience has shown that those who work with children can and do abuse them. Allegations of such can come from a variety of sources. Regardless of the source of the allegation or the position of the alleged abuser, it must be taken seriously and investigated in accordance with these procedures. See Section 8.

8.11.24 In relation to fabricated or induced illness, concerns may be expressed by parents/carers that one or more members of medical or nursing staff, or other staff responsible for medical investigations, diagnosis or treatment of a child or any worker, from any agency, who has access to the child may have fabricated or induced symptoms in a child. Again, suspicions of such behaviour must be dealt with according to Safeguarding Children Board procedures, and the relevant agencies’ complaint handling process.

8.11.25 Where such expressions of concern or allegations relate to matters of abuse, the issue must be referred to Social Care in the same way as any other concern about possible abuse. If a criminal offence may have been committed against the child, Social Care must always alert the police about the allegation/concerns at the earliest opportunity.

8.12 Child Abuse and the Internet

8.12.2 Because of its anonymity, rapid transmission, and unsupervised nature, the internet has become a significant tool in the distribution and use of child pornography. Technology also provides adults who use the internet to access and distribute images of child abuse.

8.12.3 In addition, adults are now using the internet and mobile phone technology in order to establish contact with children with a view to “grooming” them for inappropriate or abusive relationships. In some cases non-contact relationships may be a precursor to a ‘contact’ relationship where a perpetrator arranges to meet a child or young person in order to establish a physical sexual relationship.

8.12.4 Whilst there are differences between contact abuse and non-contact abuse each of these categories must be given the same importance as other forms of abuse that takes place within families.

8.12.5 Non-contact child sexual abuse may include:

8.12.6 This procedure should be used:

8.12.7 If there are concerns about a child’s strategy the section 47 procedures should be implemented without delay.

8.12.08 Immediate Steps

8.12.8 In the event of any of the above circumstances a referral should be made to the police who have the ability to interrogate computers and produce evidence of their use in such circumstances. Where the person has contact with, or care of children, a referral should also be made to social care following the procedures outlined in Section 4.

8.12.9 Following such a referral, the police and social services will liaise with one another to arrange a strategy meeting in order to consider how enquiries should proceed.

8.12.10 Police and social care departments will make appropriate checks, seeking expert advice where relevant in relation to the management of any proposed investigation of enquiry.

8.12.11 When somebody is discovered to have placed images of child abuse on the Internet, or accessed images of child abuse, or have engaged in other forms of internet abuse of children, the police will consider whether that individual might also be actively involved in the contact abuse of children. In particular, the person’s access to children within the family and employment contexts and in other settings (e.g. work with children as a volunteer) should be established. If there are particular concerns, section 47 enquiries in respect of those children will be undertaken.

Further information:

National Children’s Home (NCH) http://www.nch.org.uk useful information for parents and professionals re child safety and the internet.

Internet Watch Foundation. The Internet Watch Foundation works in partnership with ISPs, Telcos, Mobile Operators, Software Providers, Police and Government, to minimise the availability of illegal Internet content particularly child abuse images. They also provide a facility for reporting potentially illegal internet contents such as websites, newsgroups and online groups which contain images of child abuse and criminally racist material. http://www.iwf.org.uk

8.13 Allegations Made Against a Person who Works with Children

8.13.1 These procedures should be followed by all organisations that provide services for children or young people or provide staff or volunteers to work with or care for children or young people (i.e. those under the age of 18 yrs).

8.13.2 The scope of these procedures is not just for those cases relating to significant harm and should be applied in all circumstances where an allegation is made or a concern arises that any person who works or has worked with children, in a paid or unpaid capacity, has, towards any child:

8.13.3 Where relevant these procedures must be applied in conjunction with the Safeguarding Children Board procedures on organised or complex abuse.

8.13.4 Allegations may arise in a number of ways from a number of sources e.g. a concern, suspicion, complaint or report from a child, parent or other adult within or outside of the organisation; information arising from a disciplinary, criminal or section 47 investigation.

8.13.5 This guidance applies to all information that comes to light irrespective of whether the person reporting wishes to make a formal complaint.

8.13.06 Initial Response

8.13.6 Any person with a concern or receiving information regarding a person within their organisation must report this to the Senior Manager in their organisation with designated responsibility for allegations against staff (SMO) without delay.

8.13.7 No attempt should be made to undertake enquiries or seek to determine the validity of the allegation at this stage, however immediate safety measures may need to be applied e.g. removal of the member of staff from the premises and any evidence should be secured and preserved e.g. mobile telephone, computer.

8.13.8 If any person to whom the allegation should be reported may be implicated in it or there is concern that they may not/have not followed these procedures, the matter should be reported to the Local Authority Designated Officer (LADO)

8.13.9 In circumstances where there is no SMO e.g. self employed person, the matter must be reported directly to the LADO.

8.13.10 Where staff receive an allegation against someone from another organisation this should be reported to the LADO.

8.13.11 The person initially receiving the concern/ allegation must make a full record of it, which is timed, dated and signed.

8.13.12 Prior to contacting the LADO the SMO should gather information including:

Where appropriate, (e.g. child in foster care, residential home or school or placed in a school by another authority) the SMO should also collate information regarding: the local authority responsible for the child, length of time in placement , contact details of relevant staff /foster carers and details of other children in the placement.

8.13.13 Consultation with LADO

8.13.13 In all circumstances of concern or allegation the SMO /Police Designated Officer (PADO) must consult with the LADO within one working day of the allegation being made.

8.13.14 Consultation with the LADO will consider:

8.13.15 If a strategy meeting or initial evaluation meeting is to be convened then no action must be taken by the employer prior to the outcome of this meeting, unless agreed with the LADO and investigating agencies in order to provide information for the meeting or to safeguard children.

8.13.16 The SMO and the LADO should exchange confirmation in writing about the discussion, including next steps, within 24 hours.

8.13.17 Referral to and Response by Social Care/Child Abuse Investigation Team (CAIT)

8.13.17 Staff Allegation Strategy Discussions/Meetings are similar although different from other strategy meetings and should be called where there is reasonable cause to suspect that a member of staff has behaved in a way that a child could have suffered or could be at risk of suffering significant harm.

8.13.18 Initial Evaluation Meetings are those convened where a criminal offence may have been committed but there are no concerns that a child could have suffered or be at risk of suffering significant harm. The Initial Evaluation Meeting will be similar to a ‘strategy meeting,’ references to strategy meeting should therefore be read to apply to initial evaluation meeting where appropriate.

8.13.19 The LADO, in consultation with the Social Care General Manager, will agree, depending on the circumstances of the case, if any referral should be made to the Customer Relations Unit, (in the name of the child,) or if an alternative arrangement for referral should be made.

8.13.20 The Social Care General Manager will agree with the LADO who in Social Care should convene and chair any strategy meeting, having considered any possible conflict of interest and/or confidentiality issues.

8.13.21 The PADO will agree with the LADO who in CAIT should convene and chair the initial evaluation having considered any possible conflict of interest and/or confidentiality issues.

8.13.22 Any strategy/initial evaluation meeting must be held within 2 working days.

8.13.23 Where a s47 enquiry or police investigation is to be undertaken a date should be set for a reconvened meeting within 2-4 weeks.

8.13.24 If a decision is made to initiate s47 enquiries or a criminal investigation, the member of staff should be contacted by an agreed person and told, (subject to the agreement of the strategy/initial evaluation meeting):

This information should be confirmed in writing.

They should additionally be informed of:

8.13.25 Police Investigations

8.13.25 Where a police investigation is undertaken, the police must 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 4 weeks after the strategy/initial evaluation discussion. Dates for further reviews should also be agreed, either fortnightly or monthly depending on the complexity of the investigation.

8.13.26 Staff Allegation Review Meetings

8.13.26 In addition to the issues addressed at the first meeting, subsequent review meetings should be held at a minimum of monthly intervals and must address:

8.13.27 A final meeting must be held at the end of any section 47 enquiries or criminal investigations to review the case, categorise the allegation and plan any further actions required. This should include consideration of any matters arising which should be brought to the attention of the Safeguarding Children Board and/or organisation regarding necessary review of policy or procedures and/or training needs to be addressed.

8.13.28 Outcomes of internal procedures should be reported to the LADO and the chair. If an organisation has failed to instigate internal procedures, or the outcome of internal procedures causes concern to the LADO or the chair they must consider what appropriate action should be taken. This might involve reconvening a meeting and/or reporting the matter to the regulatory body or a government department.

8.13.29 Action Further To Police Investigation/Social Care

8.13.29 Where, following social care enquiries/police investigations, it is concluded that there is insufficient evidence to substantiate an allegation, the chair of the strategy /initial evaluation meeting should prepare a separate report of the enquiry and forward this to the SMO to enable consideration of what further action, if any, should be taken. The report should include, where appropriate, information from the police and CPS stating the reasons why the case was closed without charge.

8.13.30 If an allegation is demonstrably false consideration should be given to whether the child is in need of services and/or may have been abused by someone else.

8.13.31 Allegations may be unsubstantiated from a criminal perspective either because they do not reach the threshold for a criminal prosecution or a person has not been convicted on the burden of proof ‘beyond reasonable doubt’. However, there may be sufficient evidence for the case to be considered under internal procedures where the burden of proof is ‘balance of probabilities.’

8.13.32 Disciplinary Process and Review of Staff Approval

8.13.32 The LADO, SMO and others as appropriate must discuss whether action is appropriate in all cases where:

8.13.33 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 social care:

8.13.34 In the case of foster carers, supply, agency, contract and volunteer workers, normal disciplinary procedures may not apply. In these circumstances, the LADO and SMO 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.

8.13.35 Disciplinary Action

8.13.35 If formal disciplinary action is not required, the employer must institute appropriate action within 3 working days. If a disciplinary hearing is required, and further investigation is not required, it must be held within 15 working days.

8.13.36 If further investigation is needed to decide upon disciplinary action, the SMO and LADO should discuss whether the employer has appropriate and sufficiently independent means to do so 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.

8.13.37 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. Its purpose is not to prove or disprove the allegation. The investigating officer must provide a report within 10 working days.

8.13.38 On receipt of the report the employer must decide, within 2 working days, whether a disciplinary hearing is needed. If a hearing is required, it must be held within 15 working days.

8.13.39 Action on Conclusion of the Case

8.13.39 If an allegation is substantiated and the person is dismissed or the employer ceases to use the person’s services, or the person resigns or stops providing services, the SMO should discuss with the LADO whether a referral should be made to the DfES List 99 or Protection of Children Act List and/or any regulatory body e.g. the General Teaching Council, General Medical Council or Nursing & Midwifery Council. Consideration will then be given as to whether the individual should be barred from, or have conditions imposed in respect of, working with children. If a referral is to be made, it must be submitted within 1 month.

8.13.40 If, on conclusion of the case, it is decided that a person who had been suspended is to return to work the SMO should consider how best to facilitate this and what support may assist the employee to do so after what has, most probably, been a very stressful experience. This should include consideration of contact with persons who made the allegation and/or the child who was the subject of the allegation and any needs for mentoring and/or training.

8.13.41 Monitoring

8.13. 8.13.41The LADOs and PADOs will report regularly to the Named Senior Officers (NSOs):

8.13.42 An annual report will be provided to North Yorkshire Safeguarding Children Board which will include:

8.13.41The LADOs and PADOs will report regularly to the Named Senior Officers (NSOs):

8.13.42 An annual report will be provided to North Yorkshire Safeguarding Children Board which will include:

8.14 Substance misusing parents and carers

8.14.1 Introduction

Drug and alcohol problems affect people’s lives in different ways. The effects vary according to the individual, their physical and psychological state, the drugs used, the amount and pattern of use and the circumstances in which the substance is used.

8.14.2 Drug and alcohol use in itself neither automatically indicates a problem with parenting nor is it automatically an issue of child protection. However substance misuse by parents may affect parenting and childcare. Children may be exposed to risks which could result in them suffering significant harm.

8.14.3 Agencies must ensure that a child’s needs, including the need for protection, are thoroughly assessed. The focus of assessment should be the impact of the parent’s behaviour on the child ie on whether the child is suffering or likely to suffer significant harm because of the parent’s behaviour and lifestyle.
Click here for this and other guidance relating to substance misuse

8.14.4 Definitions

Substance Misuse
Drug, solvent and/or alcohol taking that may cause harm to the individual, their children, or those for whom they have responsibility.

Throughout this Guidance, ‘Substance Misuse’ will be the term used to describe alcohol, solvent and drug misuse.

8.14.5 Information sharing and confidentiality

No service can guarantee absolute confidentiality. Staff should explain the need for appropriate information sharing and its benefits for the whole family, but in particular if there is a concern that a child may be at risk of harm, information will be shared.

8.14.6 If a child may be at risk of harm this will always override legal, professional or agency requirements to keep information confidential. Professionals have a responsibility to act to make sure that a child whose safety or welfare may be at risk is protected from harm.

8.14.7 Parents accessing treatment/ agencies should always be informed about the above exception to confidentiality at the assessment stage. The North Yorkshire & York DAT assessment tools should be used for drug treatment agencies.

8.14.8 Children affected by parental substance misuse may initially be recognised by adult services in health, social care or voluntary organisations. Those agencies working with the child may not be aware of the parental substance misuse. Agencies working with the adult should seek parents consent to pass information that may have a bearing on how well parents are coping to agencies working with the child so that they can make a proper assessment of the child’s needs

8.14.9 Procedure

If any agency has concerns with regard to a child’s well-being because of their parent’s substance misuse and related lifestyle the agency must undertake an enquiry to the Central Children's Database, telephone number 01609 774298, and follow local information sharing procedures.

8.14.10 If any agency is concerned that the parent’s substance misuse places a child at risk of significant harm a referral should be made to Children’s Social Care.

8.14.11 When a drug and alcohol misuse assessment identifies a client as a parent, the agency should record this on the client’s file. Consideration should then be given as to whether the substance misuse affects their ability to parent. It is the adult service providers’ responsibility to make a referral to Children’s Social Care if they become concerned about the child. Whilst a referral must be made under these circumstances this should be done with the parent’s consent, unless to do so would place the child at risk.

8.14.12 If the child is not in need or is not suffering or likely to suffer significant harm, the services should work with parents and other agencies with regard to the child’s ongoing and future needs, as a future referral to Children’s Social Care for a child in need or a child in need of protection may be required.

8.14.13 There is a need to balance the information and exercise professional judgment as to whether there is a need to refer to Children’s Social Care. The following are circumstances that would give cause for concern:-

8.14.14 Substance misuse in pregnancy

Existing (Health) Care Pathways for Maternal Drug Dependency are not replaced by this Guidance, which relates specifically to the joint working arrangements between Health, Drug Services and Social Workers.

8.14.15 When a pregnant substance misuser presents at a drug treatment agency, she should be referred to the local maternity services and GP, she should be encouraged to attend for ante-natal care. Confirmatory substance testing should be undertaken as required.

8.14.16 When a pregnant drug user attends for ante-natal care, she should, with her consent, be referred to the local drug treatment agency and encouraged to engage with its services to reduce the harm to herself and her baby. North Yorkshire DAT protocols indicate that such referrals should be fast tracked for immediate provision of drug and/or alcohol service to manage substance misuse. Where appropriate the partner should be fast tracked as well.

8.14.17 Failure to engage with services designed to support substance misusers should be viewed as a potential risk to the unborn baby and referral to Children’s Social Care must be considered.

8.14.18 In circumstances where a woman is pregnant and misuses drugs or alcohol consideration should be given to the impact on the unborn child. If it is assessed that this and/or the parent’s lifestyle places the unborn child at risk of significant harm then a Section 47 enquiry must commence.

8.14.19 If a baby requires treatment in the new born period for withdrawal symptoms because of the mother’s drug or alcohol misuse an enquiry to the Central Children's Database must be made. The enquiry will be recorded together with any advice given. If it is believed the child is at risk of significant harm a referral must be made to the appropriate Children’s Social Care Team.

8.14.20 If there is uncertainty as to whether a referral should be made to Children’s Social Care you must consult with your appropriate lead for Safeguarding/Child Protection and /or Social Care.


8.15 Sexually Active Young People Who are at Risk of Harm

Introduction

8.15.1 This policy has been devised with the understanding that most young people under the age of 18 will have a healthy interest in sex and sexual relationships. It is designed to assist those working with young people to identify relationships which may be abusive and where young people may need protection or additional services

8.15.2 In developing this policy, the Safeguarding Children Board recognises that safeguarding children includes the provision of sexual health education and support, whilst protecting the child or young person from inappropriate or abusive sexual contact. It is therefore essential that children and young people are not deterred from accessing sexual health services and that a balance is struck that promotes a child or young person’s welfare.

8.15.03 Identifying Cause for Concern

8.15.3. All young people. regardless of gender, who are believed to be engaged in, or planning to be engaged in, sexual activity should have their needs for health education, support and/or protection assessed by the agency which has contact with them.

8.15.4 If you identify any concerns you must follow section 6 of these procedures.

8.15.5 The considerations in the checklist 8.15.25 should be taken into account when assessing the extent to which a child (or other children) may be suffering or at risk of harm.

8.15.6 If you have concerns that a young person may be at risk of sexual exploitation through prostitution, please refer to Section 8 of these procedures.

8.15.7 For staff involved in giving contraceptive treatment to a young person, it is considered good practice for workers to follow the Fraser Guidelines.

8.15.8 Ongoing consideration should be given as to whether a young person’s circumstances have changed and/or if further information is given which may lead to the need for referral or re-referral.

8.15.9 In working with young people, it must always be made clear to them that absolute confidentiality cannot be guaranteed, and that there will be some circumstances where the needs of the young person can only be safeguarded by sharing information with others.

This discussion with young person may prove useful as a means of emphasising the gravity of some situations.

8.15.10 Young People Under the Age of 13

8.15.10 In all cases where the sexually active young person is under the age of 13, a full assessment must be undertaken. Each case must be discussed with the organisation’s child protection lead. A referral must be made to Children’s Social Care and a strategy meeting held.

8.15.11 Only in specific extenuating circumstances can a decision not to refer be made. This should be following a case discussion with the organisations lead for child protection. When a referral is not made, the professional and agency concerned is fully accountable for the decision and a good standard of record keeping must be made, including the reasons for not making a referral to Children’s Social Care.

8.15.12 Where a discussion is held with the child protection lead an enquiry should be made to the Central Children's Database. Telephone number 01609 774298.

8.15.13 When a girl under 13 is found to be pregnant, a referral to Children’s Social Care must be made, they will hold a strategy discussion with the police and/or other agencies and a multi agency support package should be formulated.

8.15.14 In cases of concern where sufficient information is known about the sexual partner/s the agency concerned should give this information to Children’s Social Care when referring who will check with the police and other agencies as appropriate.

8.15.15 Under the Sexual Offences Act 2003, children under the age of 13 are considered of insufficient age to give consent to sexual activity.

8.15.16 Young People between 13 and 15

8.15.16 Sexually active young people in this age group should have their needs assessed by the agency which has contact with them to establish whether they are at risk of harm. Discussion with the child protection lead is not mandatory and will depend on the level of risk/need assessed by those working with the young person.

8.15.17 Where a discussion is held with the organisations child protection lead an enquiry should be made to the Central Children's Database.

8.15.18 Within this age range, the younger the child, the stronger the presumption must be that sexual activity will be a matter of concern.

8.15.19 In cases of concern, e.g. where a person is suspected of targeting a young person/s, and information is known about the person the agency concerned should share this information with their child protection lead who will check with the police Child Abuse Investigation Team to find out what is known about the person.

8.15.20 Young People between 16 and 18

8.15.20 Young people under the age of 18 are still classed as children under the Children Act 1989. Although sexual activity in itself is not an offence over the age of 16, young people under the age of 18 are still offered the protection of the Child Protection Procedures.

8.15.21 Where young people are believed to have or have been sexually harmed a referral must be made to Children’s Social Care.

8.15.22 Where a person aged 18 or over is in a position of trust with a young person under 18, it is an offence for that person to engage in sexual activity with or in the presence of that child, or to cause or incite that child to engage in or watch sexual activity.

8.15.23 In all cases where it comes to light that a person under the age of 18 is sexually involved with someone who works with children and young people (in either a paid or voluntary capacity) the North Yorkshire Safeguarding Children Board Allegations Against Staff Procedures must be followed.

8.15.24 Sharing Information with Parents

8.15.24 Decisions to share information with parents will be taken using professional judgement and in consultation with the Child Protection Procedures. Decisions will be based on the level of risk involved.

8.15.25 Checklist

8.15.25 Organisations need to ensure that they incorporate the following information into their own paperwork.

Name

Age

DOB

Carer

School/College

Attending Yes/No

Clinic/Site

Contact details Age of partner:

Name of partner:

Length of current relationship:

Does the Young person know that it is illegal to have sex under 16? (Statutory rape for under 13’s)

Yes/No

Further information/comments:

Signed Date Time

8.15.26 There is a need to balance the information and use your professional judgement as to whether the child is suffering or likely to suffer significant harm and the need for a referral to Children’s Social Care.

8.15.27 The following screening tool is intended to help with this decision:

8.15.28 A discussion must take place with your agency child protection lead regarding the referral to Children’s Social Care (see section 6) in the following situations:

8.15.29 The following factors may indicate a level of concern dependant on the details, a discussion with your agency child protection lead is regarded as good practice in the following situations:

8.15.30 If you are unsure as to whether a referral should be made to Children’s Social Care you must consult with your agency lead for child protection and/or Children’s Social Care.

For further information and guidance relating to this issue please click here

 

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