Section 12: Managing individuals who pose a risk of harm

12.1 Multi Agency Public Protection Arrangements (MAPPA)

12.2 Multi Agency Risk Assessment Conferences (MARAC)

12.1.1 : Multi-Agency Public Protection Arrangements (MAPPA)

Child protection arrangements exist to manage risks to all identified children. Public protection arrangements exist to manage the risk of serious harm posed by individual offenders whether or not that risk is to an identified child. It is essential that child protection procedures and public protection arrangements remain independent of each other whilst allowing for timely and coordinated assessment of risk and decision making.

Working together to protect and support victims and their families requires multi-agency collaboration. As part of that protection action is taken to prosecute known offenders or control their access to vulnerable children. An extension of this work is identifying and assessing the on-going risk of harm that an individual perpetrator may present to other children in the future.

People who may pose a risk to children include:

Those convicted in relation to an offence listed in Schedule One of the Children and Young Persons Act 1933;
Individuals known to have been cautioned/warned/reprimanded in relation to an offence against a child;
Individuals against whom there is a previous finding in civil proceedings;
Those about whom there has been a previous Section 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, e.g. a history of domestic abuse and other serious assaults;
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 (Multi-agency Public Protection Arrangements).

12.1.2 Response by Children's Social Care

Where a child is identified as being accessible to a person who may pose a risk, child protection procedures are to be followed.

Children's Social Care will undertake network checks (including the Prison Service that may hold important information) 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 with 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.

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 children/young people to protect themselves.

12.1.3 Multi Agency Public Protection Arrangements (MAPPA)

Multi Agency Public Protection Arrangements provide a framework for the assessment and management of risk posed by sexual and violent offenders.

Offenders falling within the remit of MAPPA in each area are categorised as follows:

Category 1: registered sex offenders - as defined by The Sex Offenders Act 1997 and amended by the Criminal Justice and Court Services Act 2000 and the Sexual Offences Act 2003.
Category 2: violent and other sex offenders - violent and sexual offenders who receive a custodial sentence of 12 months or more, those detained under hospital or guardianship orders and those who have committed specific offences against children.
Category 3: other offenders - offenders not in Category 1 or 2 but who are considered by the responsible authority to pose a serious risk to the public. Those convicted of terrorism/extremist offences are now included in MAPPA as a category 3 (this will change once legislation is passed to incorporate terrorist and related offences into MAPPA eligible Schedule 15 offences).

Where a person does not have a conviction for an offence, but they are considered to pose a risk of serious harm to the public, contact should be made with the Public Protection Unit, Police Headquarters, Newby Wiske.

12.1.4 Assessing the Risk of Serious Harm

The MAPPA, NOMS, Police and the Youth Justice Service assess risk of harm in the following way:

Low Risk - No significant current indicators of risk of harm;
Medium Risk - There are identifiable indicators of risk of harm. The offender has the potential to cause harm but is unlikely to do so unless there is a change of circumstances;
High Risk - There are identifiable indicators of risk of serious harm. The potential event could happen at any time and the impact could be serious;
Very High Risk - There is imminent risk of serious harm. The potential event is more likely than not to happen imminently and the impact could be serious.

12.1.5 Managing Risk

The MAPPA framework identifies three separate but connected levels at which risk is managed:

Level 1: Ordinary Risk Management - where the risks posed by the offender can be managed by the agency responsible for supervision/case management of the offender. This does not mean that other agencies will not be involved. Indeed it is essential that good information sharing takes place. However it is not considered necessary to refer the case to a MAPPA Level 2 or 3;
Level 2: MAPPA Meeting - Cases should be managed at Level 2 when the case requires active involvement and co-ordination of interventions from other agencies to manage the presenting risks of harm;
Level 3: Multi-Agency Public Protection (MAPP) meeting - Level 3 management should be used where it is determined that the management issues require active conferencing and senior representation from the RA (responsible authority) and the agencies with a duty to cooperate. This will often be when there is a perceived need to commit significant resources at short notice and/or where there are significant media issues.

12.1.6 MAPPA Referral Process - All Agencies

Agencies wishing to refer an individual to be considered for MAPPA eligibility or MAPPA management must obtain agreement from managers and follow their agency guidelines with regard to gathering of information and possible attendance at a MAPP meeting.

Children's Social Care Social Workers must consult their manager to obtain agreement before a referral can be made. The Service Manager must be in agreement and referrals should be forwarded to the Public Protection Unit, Police Headquarters, Newby Wiske for screening.

12.1.7 MAPPA Meetings

Attendance at MAPPA Meetings

The following agencies are represented at MAPPA Meetings:

The responsible authority which includes Police, Probation and Prison Services; and
Duty to Cooperate agencies which includes Children's Social Care, Adult Social Care, Local Authority Housing, Health, Youth Justice Service, Registered Social Landlords, Job Centre Plus and local electronic Monitoring Services.

MAPP Level 2/3 meetings are chaired by Probation and/ or Police.

Minutes of meetings follow a national standard format. Level 2 meetings are circulated within 10 working days of the meeting and Level 3 minutes within 5 working days of the meeting. Level 2 and 3 MAPP meeting minutes must be stored in a safe and secure way. The minutes are restricted and should only be shared within the agency on a need to know basis. Minutes should not be shared with other agencies without permission of the MAPP chairperson and must not be shared with the Courts, the offender or the offender's family or legal representative. In the latter circumstances application can be made for an Executive Summary which can be shared.

All duty to cooperate agencies have an identified single point of contact who will ensure that the appropriate person is advised of the meeting. All agency databases should be checked to ensure that information is brought regarding the offender or any related children or adults in contact with the offender. Agency reports should be sent to the MAPP Administrator identified in the invitation prior to the meeting.

The quality of risk assessments and risk management plans are influenced by the effectiveness of good information sharing arrangements. Unless the relevant information is available in good time, to those making the assessments and drawing up the risk management plans, public protection may be compromised.

Disclosure

MAPPA Guidance requires that the risk assessment of all MAPPA offenders identifies those persons who may be at risk of serious harm from the offender. The Risk Management Plan (RMP) must identify how those risks will be managed. As part of the process (outlined in MAPPA Guidance 2009 and section 140 of the Criminal Justice and Immigration Act 2008), consideration must be given in each case, and especially in cases of child sexual abuse as to whether disclosure of information about an offender to others should take place to protect victims, staff and other persons in the community.

The purpose of disclosure of information is to facilitate the Risk Management Plan, to protect the public as effectively as possible and to reduce the risk of serious harm. Any disclosure must be lawful, proportionate, accurate and necessary. All disclosure considerations will be made at a MAPP meeting or in discussion with the joint public protection unit based at police headquarters, Newby Wiske, and all disclosure considerations must be fully recorded on ViSOR and case management systems.

Disclosure of Level 2 and Level 3 MAPP Minutes

MAPPA is not an official body in itself but a set of arrangements which exist to assess and manage the risks posed by offenders. Therefore, no individual MAPPA agency has the authority to release confidential information shared at the MAPP meetings. Often requests for a full copy of the MAPP meetings come from a number of sources including:

Courts (family and Coroners);
Parole Board;
Other meetings such as MARAC and Child Protection Conferences.

In all instances a full copy of the MAPP meeting minutes will not be provided. Instead, a MAPP meeting minutes Executive Summary should be requested. This Summary will be completed by the chair of the MAPPA meeting.

12.2. Multi Agency Risk Assessment Conference ( MARAC)

12.2.1 Purpose of the MARAC

The purpose of the MARAC is to:

Facilitate monitor and evaluate effective information sharing between multi agency partners, to enable appropriate interventions to be taken to safeguard high risk victims of domestic abuse and their families.
Identify high risk victims of domestic abuse and offers support and guidance to reduce the threat of further harm and repeat incidents of domestic abuse.
Provide a multi agency safety plan for each victim and their immediate families
Identify wherever possible whether the perpetrator poses a risk to other particular individuals or to the wider community.
Identify any child contact, child protection concerns within the family environment.

12.2.2 When to hold a MARAC

The first formal risk assessment is normally carried out by the lead agency that receives the initial referral of the domestic abuse incident.

North Yorkshire and City of York has adopted the risk identification checklist ( LSCB Practice Guidance for Domestic Abuse). The checklist is based on the CAADA -DASH Risk Assessment Tool developed in April 2009 in partnership with ACPO, Women's Aid, Cafcass and Respect

The aim of risk assessment is:

To help front line practitioners identify high risk cases of domestic abuse, stalking and honour - based violence.
To decide which cases should be referred to MARAC and what other support might be required. A completed form becomes an active record that can be referred to in future case management.
To offer a common tool to agencies that are part of the MARAC process and provide a shared understanding of risk in relation to domestic abuse, stalking, and honour based violence.
To help identify those cases that require referral to Children's Social Care for assessment of child welfare concerns ( in addition to any decision about referral for a MARAC).
To enable agencies to make defensible decisions based on the evidence from extensive research of cases, including domestic homicides and near misses, which underpin most recognised models of risk assessment.

12.2.3 Process

On identifying a "high risk" or a "potential serious domestic abuse situation" using the CAADA-DASH risk assessment tool, the member of staff will contact their organisations designated link officer to the MARAC, or in their absence, the Chairperson of the MARACs for the area. An example of a "serious domestic abuse situation" would include where there is a prison release with no license conditions.

The referrer will complete a referral form ( LSCB Practice Guidance, Domestic Abuse) and send to the Chairperson of the MARAC for their area. The referrer should complete as much detail as they are able, including agencies that should be invited to attend the MARAC.

The MARAC administrator will schedule the MARAC meeting and send invitations to agencies. It is noted that in some areas there are pre-scheduled MARAC dates for meetings, the MARAC Administrator will notify agencies when this is case.

The chairperson will aim to give 7 days notice of the meeting from when the referral was received. Emergency meetings can be convened at short notice following consultation with the relevant agencies.

The referring agency will inform the victim that a MARAC is taking place and discuss with them how their views may be presented to the meeting. The referring agency will feedback outcomes of the MARAC to the victim if they are involved in the case. If not the meeting will agree the agency representative best placed to feedback the outcomes to the victim.

Reviews MARAC meetings will be arranged on a case by case basis although the intention is to reduce these meetings to a minimum.

Repeats to MARACs are held in line with Government Guidelines and are a repeat if within the 12 month period from the first meeting there is another incident and meets the MARAC criteria using the Risk Identification Checklist.

12.2.4 Structure of Meetings

Chairperson

The MARAC meetings will comprise the Domestic Abuse Coordinator, the Chairperson (if not the Domestic Abuse Coordinator), the MARAC administrator (if not the Domestic Abuse Coordinator).

Membership

The MARAC will contain representatives from the following agencies:

North Yorkshire Police
Children's Social Care
Independent Domestic Violence Advisor
Victim Support Services
Specialist Domestic Abuse Services
Making Safe Workers
Health
Probation Service
Education
Children and Family Court Advisory Support Services
Mental Health Services

The above list is not exhaustive. Consideration will also be given to requesting additional professional support as appropriate to MARAC needs.

Role of Victims

Whilst in most cases MARACs will not have victims attending in person, this need not necessarily be the case. Where a victim wishes to attend and participate in the process, a request should be made to the Chairperson beforehand. Additional time will need to be allocated to a MARAC where the victim is to attend.

Agency Reports

Basic demographic information including any pseudonyms used and whether there are any children and any agencies currently working with the family;
Information on key risk indicators;
Any relevant history of domestic violence or other associated behaviour (child abuse, sexual assault, assault on public service staff) by the perpetrator;
Any criminal damage or other criminal activity associated with domestic violence

Agenda

The referring agency will share the concerns and risk for calling a MARAC
The agency supporting the victim will share the victims views.
Agencies will share their information.
Risk will be assessed, identifying what needs to change to ensure safety;
Recommendations will be made based on this assessment of risk;
An Action Plan will be agreed to take forward the recommendations - Actions should be linked to desired outcomes, timescales and the lead agency for each.

Actions will be set by agencies present at the MARAC. The Chair will contact those agencies that cannot attend but whom the MARAC felt could best undertake a given action within 24 hours of the MARAC to ascertain if this is appropriate.

Record of the Meeting

A proforma is used to record meetings. The record will outline what information is to be kept confidential from the victim and others. The record will be circulated to agencies within 14 working days.

Record of the Action Plan

The Action Plan will be circulated to agencies within 3 working days. It will be shared where agreed in the meeting with the victim and a copy made for them.

12.3 Complex Abuse

To be read in conjunction with Section 10, LSCB Procedures, Managing allegations of harm by staff and volunteers.

Complex (organised or multiple) abuse may be defined as abuse involving one or more abusers and a number of children. It does not necessarily relate to both multiple abusers and multiple potential victims.

The abusers concerned may be acting in concert to abuse a child/ren. One or more adults may be involved and they 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;
The production of child abuse images or abuse of children through sexual abuse and / or 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;
Adults seeking to contact children via electronic means such as internet or mobile telephones.

12.3.1 General Principles

Each complex abuse investigation requires thorough planning, good interagency working, and attention to the welfare needs of the child/ren who have been harmed.

Recommendation 22 of the Waterhouse Inquiry Report: Lost in Care emphasised the need for improved practice by Children's Social Care and Police forces involved in major investigations regarding:

Safeguarding and preservation of Police records of major investigations, including statements and the policy file;
The safeguarding and preservation of Children's Social Care files;
Access by the Police to Children's Social Care files;
The supply of information about alleged and suspected abusers by the Police following an investigation;
The sharing of information generally for criminal investigation and child protection purposes.

However, all agencies (such as health, education, NSPCC and probation) who may be asked to contribute to complex abuse investigations need to ensure that issues in this section are addressed. Information in this section is also relevant to registration authorities where continuing registration might be affected by the investigation.

Cases of organised abuse are often highly complex because of the number of children involved, the serious nature of the allegations of abuse, the need for therapeutic input and the complex and time consuming nature of any consequent legal proceedings.

Such cases usually require the formation of dedicated teams of professionals from the Police and Children's Social Care or NSPCC for the purpose of the investigation.

Where professionals are implicated as suspected perpetrators of abuse, it is imperative that their line managers are not represented in either the strategic management group or the investigation team. An early mapping exercise to determine the scale of the investigation should help to identify such individuals.

It is recognised that those who commit sex offences against children often operate across geographical and operational boundaries and the procedure takes into account the involvement of more than one local authority.

Where an allegation involves a post holder who has a specified role within these procedures, the referrals 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.

Subsequent information generated throughout the investigation should only be shared on a 'need to know' basis.

These procedures must be implemented in conjunction with Section 10: Managing Allegations against Staff.

The protection of any children identified as being at risk of harm remains paramount, but the sharing of information and confidentiality issues should be treated with due consideration for the alleged offender. Agencies should take appropriate practicable steps to minimise the potential disruption and damage to the alleged offender's private and professional life caused by a protracted investigation, taking place in many cases many years after the alleged offence was committed. Where allegations are subsequently found to be ungrounded, or it can be proven that false or malicious allegations have been made, the needs of the alleged offender should be treated with sensitivity.

12.3.2 Relationships between the Police, Children's Social Care and the Crown Prosecution Service

Complex abuse investigations should be undertaken as a joint operation involving the Police and Children's Social Care with the Crown Prosecution Service (CPS) being involved at an early stage, as appropriate. In many cases there will be value in involving an independent child protection agency such as NSPCC.

The CPS is independent of the Police and should not be involved in operational decisions about the conduct of an investigation. However, the CPS can provide advice about the evidential or legal implications of issues arising during an investigation, and early involvement in this regard can inform decisions made by the investigation team. It is important that there is continuous advice and interaction between each agency throughout the investigation and any resulting prosecution.

Investigation teams should have visible support from the top ranks in the Police and Children's Social Care and other agencies throughout the inquiry. It is for each agency to determine their representative. These individuals must be empowered with full decision making authority (e.g. in the allocation of resources).

12.3.3 Relationships with LSCB's

An investigation of organised abuse will be carried out under the auspices of the Local Safeguarding Children Board, which should be kept informed of its progress. It should be the role of the strategic management group to liaise regularly with the LSCB. However, the LSCB Manager should not take any direct role in the management of the inquiry.

12.3.4 Setting up and investigation: Strategy Meeting

The strategy meeting must:

Assess the information known to date;
Decide what further information is required at this stage;
Arrange for the gathering of all relevant information;
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 a plan for the investigation to be presented to the management and resources strategy group, including resource implications;
Consider any immediate protective action required.

The strategy meeting may include the referrer, if appropriate, a legal adviser and anyone else relevant to the meeting.

Having considered and discussed the information, those persons must, if in their view the suspicion gives reasonable cause to suspect complex abuse, pass the information on to the Director of NYCC Children's and Young People's Service.

12.3.4 Professionals who need to be informed

The Director of Children's Services must inform the LSCB Chair, NYCC Chief Executive, the press office and senior managers of relevant agencies (e.g. nominated safeguarding children advisers and child protection advisers).

12.3.5 The Strategic Management Group (SMG)

To ensure a co-ordinated response, a SMG meeting chaired by the Police must be convened (or rarely Children's Social Care) within five working days of the receipt of the referral. The SMG must act as a steering group and formulate policy and procedure. It must also be a primary responsibility of this group to ensure that the welfare of children is paramount at all times.

The membership of the group must comprise senior staff who are able to commit resources, and should have the following core membership which should remain constant throughout the investigation (although there may be a need to add other personnel as the investigation progresses):

Assistant Director Children's Social Care;
Police senior investigating officer
Children's Social Care General Manager;

The group may also include the following members as necessary:

LSCB legal adviser;
Senior health representative (e.g. Designated Nurse and / or Designated Doctor for Safeguarding Children);
Press officer/s;
Other individuals and agencies as appropriate (e.g. Probation, NSPCC, voluntary organisations).

First Meeting of the Strategic Management Group

The initial meeting of the strategic management group must involve senior managers who have the authority to take decisions on the allocation of resources. A protocol for information sharing should be formulated and a clear media strategy agreed. It is most important to involve other agencies at this early stage so that senior managers can identify the need for, and arrange the provision of and allocate appropriate resources to, any support services identified. These may include community and specialist health services (e.g. psychiatric services, counselling services and sexual health services), although the specific services required will be dependent on the nature of the investigation. For example, adult medical and psychiatric services may be required, or the involvement of prison or probation services may be necessary where potential abusers and / or victims are under the supervision of those agencies.

Establish Terms of Reference

At the first meeting of the strategic management group, the terms of reference must be agreed and minuted. At all subsequent meetings held in accordance with this procedure minutes must be prepared fully, detailing all policy decisions and actions. All minutes must be classified restricted and all copies should be individually numbered. Copying of the minutes should only be allowed on the express authority of the Chair.

The SMG meeting must take ownership of the strategic leadership of the investigation and agree a plan that includes:

A decision on the scale of the investigation and the staff required for joint investigation group;
The consideration of any cross boundary issues and planning of appropriate liaison and sharing of resources for inter-agency working;
The identification of staff in both Children's Social Care and the Police of sufficient seniority and experience to manage the investigative process;
The agreement of the staffing of the investigation, allocation of tasks and the membership of the investigation management group (including the line management responsibilities);
Arrangements for medical staff to conduct assessments;
Arrangements for sufficient administrative staff and information technology resources to support the investigation;
The arrangement and resourcing of access to expert legal advice (e.g. in-house Police legal team, local authority legal service, early CPS advice);
Sufficient support, supervision and de-briefing of staff involved to address the impact of stress on frontline workers from any agency involved;
The availability of expert advice where necessary;
Timescales for the stages of the investigation;
The management of public relations and media interest in the case;
Child witness support, if relevant.

12.3.6 Tasks and Functions of the Strategic Management Group

The tasks and functions of the strategic management group may vary from case to case but should also normally include the following actions.

The agreement of protocols:

To govern the future handling of the investigation (e.g. on media communication and victim / witness support);
For the sharing of information, to ensure that the investigative team secures full access to records from all agencies affected by the investigation and individuals holding important information, and to commit all parties to providing the necessary help with obtaining records from any outside organisations;
To ensure staff safety in carrying out the investigation.

The SMG should develop a risk management protocol by regularly reviewing risk indicators in relation to subject children (see Appendix C of Complex Child Abuse Investigations: Inter-agency Issues (DH / Home Office, 2002) for a risk management protocol). The protocol should detail elements of a robust risk management process to be implemented for the duration of the investigative activity, and establish effective mechanisms for communication between the investigative team and Children's Social Care.

The SMG should monitor carefully the approaches used in contacting further potential witnesses and the conduct of any subsequent interviews, and ensure that any doubts about the validity of evidence are fully addressed. The overall process for gathering corroborative and additional evidence must be subject to rigorous scrutiny by the SMG. Issues to consider might include the complex nature of the investigation, the time that may have elapsed since the alleged offences occurred and the motivation and potentially vulnerable nature of the victims / witnesses.
Establishing a policy on how agencies deal with questions of potential financial compensation for victims to clarify that members of the investigative team should not instigate any discussion of the issue and should avoid discussing it if it is raised by any victims or witnesses in the course of the investigation. Practical guidance should be given to interviewing officers in line with this policy.
Ensuring that appropriate recording takes place of material that is obtained during the course of the investigation, and also the safe and secure storage of records, through the early appointment of a disclosure officer in accordance with the Criminal Procedure and Investigations Act 1996 and the accompanying code of practice.
Agreeing a strategy to ensure that contact with the media is properly managed and co-ordinated throughout the investigation and any subsequent criminal proceedings, using a nominated press officer. This will allow frontline workers and other staff involved with the investigation to concentrate on the investigation itself.
Ensuring that careful consideration is given throughout the investigation to the health and social care needs of child victims and adult survivors and particularly those who will be acting as witnesses. As far as possible, the group will also need to ensure that any witness's ability to give evidence in criminal proceedings is not prejudiced by the provision of such assistance, and that guidance on pre-trial therapy is taken into account, in line with Section 9.39: Pre-Trial Therapy. In some circumstances, it may be appropriate to employ dedicated personnel tasked to liaise regularly with victims and / or witnesses to ensure that they are kept up-to-date with the progress of the inquiry and to ensure their wellbeing.
Securing the provision of appropriate accommodation facilities and trained interviewers for all witnesses, and to give special attention to the needs of witnesses who are children, children or vulnerable adults and any who may be subject to intimidation.
Checking with Children's Social Care representative on the SMG that, where children have been removed from their families, an appropriate placement is found for them and that their needs are being fully assessed according to the Framework for the Assessment of Children in Need and their Families. The group should also ensure that appropriate professional medical, physical and emotional support is being provided as needed, and check what other partner agencies can do to help.
Considering the need for a Serious Case Review.
Ensuring that suitable arrangements are made for the victims and their families during the course of criminal proceedings, with particular regard to post-testimony trauma experienced by many witnesses.
Considering the appropriateness in individual cases of meeting parents of children involved and relatives of adult survivors to keep them fully and consistently informed as to the steps being taken by the relevant agencies and the support available to them.
Considering whether voluntary or independent agencies which operate in establishments should be directly involved in, or have knowledge of, the strategic management of such investigations.
Keeping the establishments subject to investigation fully informed of the progress of the investigation, as well as the registration authority, Ofsted.

An individual must be designated to act as co-ordinator between the SMG and the joint investigative group identified in the plan. The responsibility of the co-ordinator is to manage the joint investigative group and prepare a report at the conclusion of the case.

The SMG must agree a schedule of dates for future meetings in order 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 joint investigation group to identify lessons learnt.

The SMG must remain in existence at least until the court or the CPS has made a decision about the alleged perpetrators.

The SMG must report in writing to the LSCB, which must consider at the first available opportunity whether a Serious Case Review should be initiated.

12.3.7 Joint Investigation Team Membership

The strategic management group should identify those people from within and outside their organisations who have the required expertise for dealing with a complex abuse investigation. This will include experience of investigating allegations of abuse, compiling profiles and understanding methods of abusers (in cases of sexual abuse), child protection processes, children's welfare, legal processes, disciplinary proceedings and working with child victims, adult survivors and their families.

This group, led by the Police should consist of experienced personnel from the Protecting Vulnerable Persons Unit and Children's Social Care.

Membership may also be drawn as necessary from the appropriate health professionals (in particular the forensic medical examiner (FME), the designated and named doctors and nurses for safeguarding children and psychiatrists), education (head teachers and class teachers), CPS, legal services, probation and victim support services.

In selecting staff to be involved in the investigation, it is essential to identify individuals in whom it is possible to place absolute trust and who display sensitivity, honesty, empathy and personal maturity. This process will require the careful checking of references and employment history. It is vital that all investigators are and can be seen to be independent from those parties who are the subject of the investigation. Members of the investigation team could include existing members of the agencies conducting the investigation (as long as such individuals do not have any connection with the matter being investigated and appropriate arrangements are made to cover their normal duties while they are working on the investigation), appropriately qualified agency staff brought in on long-term contracts for the duration of the investigation, or an outside organisation.

Police officers chosen for the investigative teams must have a good investigative background. A significant proportion of chosen officers should have experience in child protection investigative work. All Police should have the personal qualities to cope with the inherent stresses and high emotional content of child protection investigation work. Similarly, social workers chosen for investigative teams will need a depth and breadth of experience in child protection investigations with the Police and both family justice and criminal court work. Where victims or witnesses are identified as having special needs such as learning impairments or communication difficulties, more specialist staff will be required.

In selecting staff, consideration should also be given to requirements arising from the individual needs for the relevant child/ren e.g. gender, culture, race language, and where relevant, disability.

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

Consideration should be given to the employment of a trained archivist / researcher to undertake duties such as tracing of inquiry subjects. Employment of such an individual may greatly enhance the operation of an investigation given that there may be a large amount of paper-based files used as sources of information. These files will vary in age, format and quality so that for the purposes of information management, development of a specialised file system may be invaluable.

12.3.8 Practical Arrangements: Security, Accommodation and Communications

Administrative support, information technology and accommodation requirements must be addressed at the outset, including the storage of confidential records. A key issue in any complex abuse investigation will be ensuring the security of the investigation.

Those managing the investigation need to be aware that there may be attempts to sabotage the investigation, to destroy materials or to interfere with or intimidate staff working on the investigation. Appropriate steps should be taken to minimise these risks.

Appropriate facilities must be available for video interviews and paediatric assessment.

Certain investigations may involve an element of whistle blowing. In this context, it should be possible for individuals to approach the investigative team with confidence as to their anonymity and personal safety. A secure telephone line and discreet access to the investigation team may help staff (and the public) to come forward and ensure confidentiality. However, it should be made clear that it is not possible to give an unequivocal guarantee of confidentiality during any subsequent court proceedings.

12.3.9 Investigation Management Group

An investigation management group should be set up under the strategic management group. Meetings of this group should also be fully minuted. The senior investigating officer or their deputy should chair the investigation management group and membership should include representatives from Children's Social Care, education, health, and legal services. Other agencies should be invited to be members of the group as appropriate.

The tasks and functions of the group may vary from case to case but should normally include the following matters:

To provide a forum where professionals can meet, exchange information and devise tactics for the implementation of agreed strategy on a day to day basis to progress the investigation;
To ensure a consistent strategy for interviewing victims;
To keep the strategic management group informed of any resource shortages experienced by professionals;
To ensure a consistent and appropriate inter-agency approach to practical and emotional support for victims and their families throughout the investigation, including facilitating such services where victims fall outside of the jurisdiction of the investigating agencies;
To co-ordinate inter-agency response to families and provide consistent information;
To ensure all staff working on the investigation are given support and ensure welfare concerns are addressed;
To ensure that issues which need to be shared by other agencies not represented on the strategic management group or investigation management group are communicated to those agencies and addressed;
To ensure that all staff involved in the investigation are clear about the parameters of shared information, data protection and confidentiality between the various agencies and observe the terms of the information sharing protocol agreed by the strategic management group. It should be clear that investigators will have full access to records and individuals holding important information;
To ensure that relevant intelligence has passed between agencies and to the Police.

12.3.10 Joint Investigation Team

The joint investigation team (supervised by the investigation management is responsible for:

Planning the overall investigation, involving record checking, evidence gathering, planning and undertaking a series of interrelated interviews and surveillance if required;
Holding planning meetings for individual pieces of work (e.g. video interview of a child and / or to protect a child);
Gathering other evidence including forensic evidence, interviews with alleged abusers, witnesses and other corroborative evidence;
Communication and liaison with other agencies on a need to know basis;
Convening interagency meetings and / or child protection conferences as appropriate;
Co-ordination and timing of therapeutic services;
Regularly updating the SMG on the progress made and recommending when to close the investigation;
Consideration of arrangements for court hearings and support to children and families;
Recommendations as to the placement of children and any contact involving children and their siblings, relatives or other adults.

12.3.11 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 that one geographical area.

At the outset, the responsibility for managing the investigation lies with the Police in the area where the abuse is alleged to have occurred / where the alleged perpetrator/s are alleged to operate, who will make necessary approaches / contact with other affected areas through the SMG.

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 Children's Social Care and Police team.

The original joint investigation team should undertake the investigation on behalf of the other geographical areas. Other Children's Social Care services must consider the funding of this service covering children in its area.

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 investigative team increase to the extent that it cannot respond, then a joint investigative team in the new geographical 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 joint investigative team, there must be close working between co-ordinators and processes for full information sharing.

12.3.12 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 investigative team should consider what information is required and where it is likely to be and take immediate steps to secure it within each agency. The investigative team will also need to access a variety of records during the investigative process.

It must be recognised by those seeking to trace victims that some may be very reluctant to co-operate with any inquiry and provide information. Staff records usually prove somewhat easier to trace due to pension rights, but casual and voluntary staff can prove elusive. A vast range of documentary information will exist on residents' personal files, personnel files and general establishment records and registers. It is crucial that the location of these is quickly identified so that they can be secured. Clear protocols and procedures for investigative access to this material will need to be established and enforced.

The inquiry will need to take into account the relevant dates of service of the alleged perpetrator at the establishment to which the allegations relate and those at all other places of work throughout their entire service. The process of collating all relevant service dates, records of residents and members of staff for each establishment can be extremely difficult in practice.

12.3.13 Information Sharing

The Data Protection Act 1998 requires that personal information is obtained and processed fairly and lawfully, is only disclosed in appropriate circumstances, is accurate, relevant and not held longer than necessary; and is kept securely. The Act allows for disclosure without the consent of the subject in certain conditions, including for the prevention and detection of crime, or the apprehension or prosecution of offenders, and where failure to disclose would be likely to prejudice those objectives in a particular case.

12.3.14 Support for Victims and Witnesses

An unequivocal victim support strategy and protocol should be established at the outset. Support will be required in pre-trial, trial and post-trial periods. Minimum periods for contact should be established. It is clear from experience in previous investigations that many victims and families feel strongly that it is important that they remain in contact with the same staff throughout the investigative process.

Support during the investigation

It is recognised that recounting past abuse may be profoundly traumatic for victims. Victims must be cared for appropriately, and it is important to be sensitive to their particular needs. For example, adult survivors of childhood abuse are likely to require different kinds of counselling support, and a judgement will need to be made about the most appropriate type of counselling available locally. There should be effective collaboration with local health services and independent counselling agencies to ensure that referrals to appropriate counselling and health services (including mental health services) can be made.

The scale of the investigation often leads to a prolonged period between the complaint being made and its eventual conclusion. Victims and witnesses will often require a degree of support throughout this process, and there is potential for conflict between the Police investigative role and the provision of such support. Victims of rape and serious sexual offences may require long term support once the criminal justice process is over, and in these circumstances both pre and post-trial support should be carried out by an organisation other than the Police.

Particular problems may arise where witnesses are serving prisoners, and appropriate arrangements may need to be made in such cases (including keeping probation services informed). Police and social workers should make contact with the complainant at designated intervals in order to inform them of the current stage of the investigation. The Victim's Charter sets out the stages of the case when victims, or their representatives, must be made aware of developments. Regular contact also helps to ensure that during the interim period the whereabouts of the complainant are known. The importance of regular contact with the victim cannot be overemphasised.

The experience of previous investigations has indicated that counselling services may be placed under considerable pressure by the demands generated during the investigative process. Certain investigations will involve large numbers of victims who may be identified simultaneously. In these situations, the strain placed on counselling services is most acute. This points to the necessity of involving senior managers in the resourcing and co-ordination of work from the outset and then keeping them adequately informed throughout the process.

In large-scale complex child abuse inquiries, there may be merit in setting up dedicated helplines to be available to inquiry subjects, their families and members of the public.

Support for victims and witnesses at court

Police and social workers should be available at court to provide support to witnesses in accordance with the established operational policy, which should take account of the potential for identified Police / social work professionals to be called as witnesses.

Witnesses should be kept apart, and in some cases Police officers and victims may also need to be kept apart to avoid allegations of collusion.

Support for witnesses should be guided by the needs of the witness: the expertise of experienced Victim Support Scheme volunteers should be considered and they should be consulted about other agencies which may be better able to support particular witnesses (e.g. those with learning difficulties).

In those cases where the Police have been providing long-term support (e.g. as family liaison officers), occasionally immediately before the commencement of a trial, the defence object to continued support being given to a witness by specific Police officers (where this is longstanding). The withdrawal of trusted support is frequently traumatic for the witness and planning should take account of such a possibility, with consideration being given to support being provided by another organisation.

It is essential to consider the effect which the provision of counselling and other therapeutic services to victims and witnesses may have on the judicial process. For this reason, it is important that the Police and the CPS are made aware that therapeutic support is proposed, is being undertaken, or has been undertaken. The nature of the therapeutic support should be explained so that consideration can be given to whether or not the provision of such support is likely to impact on the criminal case.

The CPS will offer advice as requested on individual cases, on the likely effect of the therapy on the criminal process. However, the decision about whether, and if so in what form, therapeutic support should take place before a criminal trial is not a decision for the Police or the CPS. It is for those responsible for the welfare of the child, in consultation with the child's carers and, where appropriate, with the child. Where therapeutic support does take place, it is important that a record of the therapy is maintained so that it can, if appropriate, be made available in the judicial process. In all circumstances, the welfare of the child is the paramount consideration.

Whenever possible, the allocated Children's Social Care team member or member of the Court Witness Service should be present in court when each complainant / witness is to give evidence. They should leave the court with the witness after evidence has been given and should then determine with the witness what immediate support they require. The immediate support should be provided by the social worker, the Court Witness Service member or the linked Police officer individually or jointly, or by a counsellor - whichever the witness is most comfortable with.

12.3.15 Victim Aftercare

When the case is concluded, the Police should gradually withdraw from regular contact with victims. It is impractical, and often unnecessary, to maintain the levels of contact required before a trial. Nevertheless, it is recognised that the trial process can be as traumatic to a complainant as the initial making of their complaint. Social work staff may need to remain in contact for a longer period and gradually devolve any long-term support or counselling needs to appropriate bodies.

The National Probation Service (NPS) has a statutory duty to contact the victims of those offenders sentenced to 12 months or more for a sexual or violent offence. After a plea or finding of guilt, it would normally be the responsibility of the Police to advise the victim that they are passing on the victim's contact details to the relevant probation area and give the victim the opportunity to opt out of the transfer of this information. At the same time, the Police should hand the victim a leaflet explaining the NPS's role. Within two months, the NPS would be in contact with the victim asking, among other issues, if they want information about how the prison system works and / or if they may eventually want to express a view about conditions attached to the prisoner's release. It is for the victim to decide if they wish to be involved in this procedure.

12.3.16 Staff Support

Support for members of the investigative team is the responsibility of the strategic management group. Clear arrangements should be in place from the outset for both the seconded staff and linked management. These should include debriefing for all staff on the operation.

Operational staff should never be in a position where they are investigating colleagues.

Particular caution will need to be exercised in approaching individuals who are alleged to have been perpetrators. Visits should not be made alone and protocols for staff safety and handling violence should be agreed and observed.

12.3.17 Media Handling

No agency should underestimate the level of media interest in complex abuse investigations. The main task of handling the media should be assigned to a senior manager in each agency who is in close contact with the detail of the investigation. The Senior Investigating Officer should have an operational media strategy in place from the commencement of the investigation. It is vital that all statements to the media are cleared, via the Senior Investigating Officer, at the level of the strategy management group, and that consistency is maintained throughout. Staff must have available to them a clear line of referral for media inquiries in order to ensure that statements are only issued by designated spokespeople. Individual agencies should not express independent views as to the conduct of the investigation.

It is essential that victims and their families are protected from the potential trauma that may be associated with media interest in their cases. All press releases should avoid identifying victims so that they may be shielded from media attention unless and until they need to attend court.

The Senior Investigating Officer must be made aware of all pre-sentence communications to ensure that the integrity of the prosecution is maintained.

12.3.18 Closure and Review of Investigation : Exit Strategy

Where closing a case, the following tasks should be completed as appropriate:

Obtain final list of indictments (Protection of Children Act 1999);
Inform Force Intelligence Bureau for risk assessments and actions under the Sex Offenders Act 1997;
Inform all complainants / witnesses of the result of the case;
Inform all relevant agencies of the result of the case;
Agree procedure for dealing with victims who identify themselves at a later date and / or victims who remember things after the event;
Consider the need to offer continuing support to child victims and their families who have been in contact with the investigation;
Consider the need to maintain contact with witnesses, giving particular consideration to child witnesses who have given evidence in court proceedings, and ensure provision of counselling where appropriate;
If an offender is sentenced to one year or more, provide details of victims to the probation service and hand out copies of information leaflet to victims;
Subject to any directions by the court, return exhibits 35 days after conviction or, if the defendant appeals, at the conclusion of any appeal.

Cases where the alleged perpetrator cannot be traced should only be closed on the authority of the Senior Investigating Officer, in consultation with a senior representative from the Children's Social Care department.
The same authority is required for the disposal of cases where the alleged perpetrator has been traced but the CPS has decided not to proceed on the grounds of insufficient evidence or public interest.

All agencies should review the investigation once it is completed. The review should highlight any policies, procedures or discipline processes which need changing for the various agencies. The LSCB may already have conducted a serious case review (although in some cases this may not be completed until the conclusion of court proceedings). It is good practice to conclude all major investigations with an overview report highlighting the prime activities and findings of the inquiry wit recommendations for future inter-agency learning. This may lead to both inter-agency and individual agency action plans.

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