Section 9: Safeguarding Children In Specific Circumstances (A-E)

1. Adoption and adoptive children
2. Animal abuse and links to children
3. Armed forces
4. Begging
5. Blood-borne viruses
6. Boarding School
7. Bullying and cyber bullying
8. Children from abroad
9. Criminal injuries compensation
10. Cross Boundaries
11. Custodial settings for children
12. Custodial settings (children visiting)
13. Disabled children
14. Domestic abuse
15. E Safety - sexual abuse of children and grooming

9.1 Adoption and adoptive children

All staff working with children should be aware that where a local authority is authorised to place a child for adoption, the local authority shares parental responsibility with the birth parents and, once the child is placed for adoption, the prospective adopters share parental responsibility with both the local authority and the birth parents.

Where there are concerns for a child's welfare

When a referral is received about the welfare of a child who is placed for adoption, the Adoption Manager responsible for the child's placement, General Manager for the area where the child lives and the General Manager (Child Placement) will be informed by Children's Social Care in addition to those who will investigate the matter. Ofsted will also be required to be informed by Children's Social Care.

Normal procedures should be followed but the following additional issues will be considered in managing the enquiries:

• There should be an element of independence in this process. This will be decided by the General Manager (Child Placement) in consultation with the Service Manager, Assessment and Safeguarding Team whose area the prospective adopters live.
• The identity of the social worker allocated to make enquiries will be considered. This may be a social worker from another team in the county or indeed from another local authority. The key factor in this decision is to ensure objectivity.
• The Adoption Manager will ensure the prospective adopter's file is made available to those making enquiries but must firstly decide if there is material in this file that cannot be disclosed. Advice about non disclosure should be taken from Legal Services with the Assistant Director, Children's Social Care determining any matters of dispute within Children's Social Care.
• The Adoption Manager will identify appropriate supports for the prospective adopters from an independent source.
• The Service Manager appointed responsible for the investigation must ensure the social worker of any other child in placement and other agencies involved are informed.
• No further placement may be made until the prospective adopters (if approved in North Yorkshire) have had a review of their approval.

The Strategy Meeting

The chair of the Strategy Meeting will be decided by the General Manager (Child Placement) in consultation with the Service Manager of the Assessment and Safeguarding Team whose area the prospective adopters live.

The Adoption Social Worker, Adoption Manager and Ofsted should be invited to be present at the meeting. Where the child is placed for adoption by another local authority or the family have been approved by another local authority/adoption agency then representatives from these agencies should be present.

The Strategy Meeting and subsequent meetings will ensure that child safety, placement stability and timely actions are core aims to complete the investigation.

The Strategy Meeting will consider in addition to issues outlined in Section 6, LSCB Procedures:

• Whether any immediate action needs to be taken to safeguard the welfare of any of the children in the home, including the prospective adopters own family.
• Subject to its being consistent with the child's welfare, the prospective adopters will be informed of the nature of the allegations. In deciding when and how this should occur, account will be taken of the views of the Police in relation to any criminal proceedings.
• In most situations the parents or anyone with parental responsibility, which includes any prospective adopters, to any of the children involved must be informed. However careful consideration is needed in how and when to inform birth family members and legal advice should be taken beforehand in the case of placement for adoption.

• When it is necessary to remove a child placed under Adoption Agencies Regulations 2005, legal advice must be sought immediately. If an application to adopt has not been lodged at court, then prospective adopters have seven days to comply with a formal Section 35 request to return the child. If an adoption application has been lodged, then an application must be made to the court for the child to be removed.

Other Local Authority Children

If the child concerned is placed in North Yorkshire but looked after by another local authority, then the other local authority must be informed immediately. North Yorkshire staff will maintain a key role in the investigation of the prospective adopters. The needs of the child remain the responsibility of the "home" authority but responsibility for the investigation remains with North Yorkshire until the "home" authority accepts responsibility.

At the end of the process the prospective adopters should receive a letter from the Service Manager responsible for the enquiry/ investigation, setting out the nature of the investigation, the outcome and any pertinent matters.

Actions Following the Completion of Child Protection Procedures

Where the child is placed for adoption, the child's Adoption Review should be brought forward. This must consider if a further assessment and any change to provision of adoption support services need to be made where the child is to remain in placement.

Where a child is not to remain in placement, a Disruption Meeting will be organised by Children's Social Care and support given to the child and the prospective adoptive family.

The Adoption Manager must ensure that a Review of Approved Prospective Adopters is held in line with Children's Social Care Adoption Procedures.

Children living in North Yorkshire who have been adopted

Where children for whom there are child protection concerns have been adopted, whether from this country or from abroad, the following points must be taken into account. These points are unlikely to be relevant to a step parent or similar non-agency adopted children but each case should be assessed with the following in mind:

• If the Adoption Order has been made recently, any adoption agency involved in making and supporting the placement should be invited, if possible to the Strategy Meeting, and certainly to subsequent meetings. Their views should be formally requested by the investigating team.

Where support being provided is only financial support, then the invitation to meetings can be waived. The adoptive family may wish to have a representative from their adoption agency to support them, which should be encouraged.

• The investigating team must be alert to the possibility of the child's experiences, prior to the placement for adoption, having been reactivated by current circumstances or displaced to the current family setting. Many children who become adopted will have experienced or witnessed neglect and/or physical or sexual abuse as well as emotional harm before becoming adopted. It is vital that a detailed awareness of the child's history is developed and taken into account during the investigation.
• Information about the child's early pre-adoption experiences can be obtained most immediately from the adoptive parent with their consent.
• Regulation 42(2) or the Adoption Agencies Regulations (2005) allows for an Adoption Agency to give access to its case records as it thinks fit to discharge its duties as an adoption agency. The safety and welfare of the child is the main duty of the adoption agency and NYCC, which will ensure that records held by NYCC, on the child, are made available in these circumstances. Legal advice may be taken where there is lack of cooperation with this request.
• The need to protect placement stability should be a priority but should never leave a child at risk.
• When assessments for an investigation are being undertaken, consideration should be given to the DCSF "Practice Guidance on the Support Needs of Adoptive Families" so that the investigating team have some awareness of the likely needs and issues which frequently confront adoptive families. Where the investigation reveals unmet adoption support needs, a referral to the Adoption Service for a full adoption support assessment should be made.

9.2 Animal abuse and links to children

Animal abuse is defined as intentional harm of animals, including wilful neglect, inflicting injury, pain, distress or the malicious killing of animals. There is increasing evidence of links between abuse of children, vulnerable adults and animals.

In addition, a child displaying intentional cruelty to animals could indicate that the child has been a victim of neglect and/or abuse themselves. In some circumstances, acts of animal cruelty may be used to control and intimidate adults and children into being silent about their own abuse.

Professionals in all agencies should be aware that if serious animal abuse occurs within a household there may be an increased likelihood of family violence and an increased risk of abuse to children within the family such that it could constitute significant harm.

Significant harm is defined as a situation where a child is suffering, or is likely to suffer, a degree of physical, sexual and/or emotional harm (through abuse or neglect) which is so harmful that there needs to be a compulsory intervention by child protection agencies into the life of the child and their family.

Professionals working with children should:

• Be observant about the care and treatment of family pets and other animals whilst carrying out assessments;
• Ensure that assessments consider the needs and the risk of harm to children and animals within the family;
• Ensure that safety planning with victims of domestic violence considers the safety of children and animals within the family;

Professionals working with animals should receive training about recognition and the referral processes to enable them to raise appropriate concerns about children.

When a referral is made to Children's Social Care the name of the RSPCA inspector should not be given to the family unless this has been agreed between the two agencies as essential for evidential reasons. The reason for this is that the RSPCA inspector may need to do repeat visits to the household to monitor an animal's welfare.

To report animal cruelty, request assistance or express a concern about animal welfare, call the RSPCA's national cruelty and advice line: 0870 5555 999.

9.3 Armed forces

Young people under 18 may be in the armed forces as recruits or trainees, or may be the dependants of a service family. The life of a service family differs in many respects from that of a family in civilian life, particularly for those stationed overseas, or on bases and garrisons in the UK. The services support the movement of the family in response to service commitments. The frequency and location of such moves make it essential that the service authorities are aware of any concerns regarding safeguarding and promoting the welfare of a child from a military family. The armed forces are fully committed to co-operating with statutory and other agencies in supporting families in this situation, and have procedures to help safeguard and promote the welfare of children

Looking after under-18s in the armed forces comes under the MoD's comprehensive welfare arrangements, which apply to all members of the armed forces. Commanding Officers are well aware of the particular welfare needs of younger recruits and trainees and are fully committed to co-operating with statutory and other agencies in safeguarding and promoting the welfare of under-18s.

Children who are care leavers (from the local authority care system) who have joined the armed forces have unrestricted access to local authority social care workers.

Social work services are available within the forces, as follows.

• In the Royal Navy (RN) this is provided by the Naval Personal and Family Service (NPFS) and the Royal Marines Welfare Service;
• In the army this is provided by the Army Welfare Service (AWS);
• In the Royal Air Force by the Soldiers' Sailors' and Airmen's Families Association-Forces Help (SSAFA-FH).

When service families or civilians working with the armed forces are based overseas, the responsibility for safeguarding and promoting the welfare of their children is vested with the MoD, who fund the British Forces Social Work Service (Overseas).

Movement of Children between the United Kingdom and Overseas

Children's Social Care should ensure that SSAFA-FH, the British Forces Social Work Service (Overseas), or the NPFS for RN families is made aware of any service child who is the subject of a child protection plan and whose family is about to move overseas. In the interests of the child, SSAFA-FH, the British Forces Social Work Service (Overseas) or NPFS can confirm that appropriate resources exist in the proposed location to meet identified needs. Full documentation should be provided and forwarded to the relevant overseas command.

All referrals should be made to the Director of Social Work, HQ SSAFA-FH or Area Officer, NPFS (East) as appropriate, at the addresses given in Appendix Five.

Comprehensive reciprocal arrangements exist for the referral of child protection cases to appropriate UK authorities, relating to the temporary or permanent relocation of such children to the UK from overseas.

Enquiries about Children of Ex-service Families

Where a LA believes that a child who is the subject of current child protection processes is from an ex-service family, NPFS, AWS or SSAFA-FH can be contacted to establish whether there is existing information that might help with enquiries.

9.4 Begging

An adult begging for money may have a child with them whose role is to evoke public sympathy.  A child may also beg alone or appear to be doing so.

Consideration of the needs of the child should include their age, the degree of adult supervision, time of day etc.

Where a Police Officer is made aware of such activity s/he should:

• Deal with the offence of begging;
• Establish the identity and address of any involved child;
• Refer the child to Children's Social Care.

Children's Social Care is expected to act on this referral by way of:

• Undertaking an Initial Assessment and giving advice to the parent/carer about the inappropriate use of children for begging and the risks involved or;
• Applying child protection procedures the information indicates the child is at risk of significant harm.

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

9.5 Blood-borne viruses

A child exposed to blood-borne viruses, can be at risk of significant harm. 

Recognition of abuse and neglect.

The main child protection issues likely to arise with blood-borne viruses are:

• When a mother who is known to be HIV positive refuses to accept treatment for herself in pregnancy and / or for the baby following delivery;
• When a mother who is known to be HIV positive insists on breastfeeding her baby against medical advice (breastfeeding currently nearly doubles the risk of transmission from mother to child in the UK);
• Where a child is thought to have a blood-borne disease and their parents refuse to agree to medical testing and / or treatment;
• Where a child is on the appropriate treatment, but medication is given inconsistently or stopped altogether and there is a danger of resistance developing;
• Where a child has been sexually abused and the abuser is thought to be infected with a blood-borne disease (in these cases, HIV testing should be considered);
• Where a child has been exposed to contaminated needles and syringes.

Responding to the risks

In circumstances where children and parents share concerns about blood borne viruses such as hepatitis and HIV, the reasons should be sensitively explored. If a child's concerns arise because they have suffered abuse, they may need time to make a full disclosure. Counselling should be provided as appropriate to anyone deciding whether or not to be tested for blood-borne viruses such as HIV.

Where a professional is concerned that a child may have been placed at risk of HIV or hepatitis B, an informed decision must be made about whether to raise this with the child or parent/s.

Post Exposure Prophylactic treatment (PEP) may be available to children who have been exposed to HIV or hepatitis B (e.g. through a needlestick injury or sexual assault). This treatment minimises the risk of infection. However, treatment needs to commence within hours of a child being placed at risk. Professionals should seek urgent specialist advice about treatment.

Testing and treatment

It takes approximately three months for antibodies to develop when someone has been infected with HIV, with differing periods for other blood borne viruses. The appropriate test will usually show whether antibodies have developed.

A child aged 18 months and over who has been infected with HIV will have developed their own antibodies. Under that age, specialist tests (known as PCR) can identify whether the child is infected in their own right. In almost all cases, the child's positive result will also identify the mother as being infected.

For other blood-borne viruses, different testing may apply

When a test for a blood-borne virus is being considered, advice should be sought from local paediatricians with specialist knowledge. In the case of sexually active adolescents, it may be appropriate to involve the local genitourinary clinic. Full information must be given to individuals / families before testing (paying particular regard to their first language), and examinations should be carried out with due consideration of the needs of a potentially traumatised child.

Authorisation for consent to testing is the same as for any form of medical treatment. Particular care should be given to whether a child under 16 is Gillick competent.

The testing of any abuser requires their consent.

Where the views of the parents conflict with the child's health needs, the welfare of the child is paramount. Parents' views should be considered fully and every effort made to work in partnership. However, if the child is considered likely to suffer significant harm, advice should be sought about legal action.

Confidentiality

Agencies have a duty to ensure the confidentiality of all parties. However, they also have a duty to safeguard and promote the welfare of children.

Exceptionally, information may be shared with other agencies if:

• The disclosure of information would be in the best interests of the child or protect an individual at risk of infection;
• The professionals / agencies receiving the information are aware of its confidential nature and be able to maintain the confidence.

The child or family's wishes with regard to confidentiality may only be overruled if:

• The child is at risk of significant harm if a disclosure is not made;
• There is a legal requirement for information to be disclosed;
• There is an ongoing police investigation, which makes disclosure important in order to prevent others being put at risk. In these circumstances, legal advice should be sought.

If it is considered necessary to go against the wishes of the child or parents, the worker must:

• Consult with their manager;
• Provide the child and / or family with a full written explanation of the reason for overruling their wishes.

Sometimes an abuser may be known to be HIV positive or to be suffering from, or a carrier of, hepatitis B or hepatitis C. If the welfare of the child could benefit, it may be appropriate to consider sharing this information even if the abuser will not give consent.

In the above circumstances, professionals must seek specialist and legal advice without initially revealing the person concerned. If the final decision is to reveal the person's status, this should be recorded in the child's case record and a full written explanation should be given to the abuser, explaining what is to be shared and why.

Advice, support and guidance

Professionals in all agencies should contact local paediatric family clinics, local authority HIV liaison officers, the genitourinary clinic or lead officers within their own agencies for specialist advice and support. See also Children in Need and Blood borne Viruses: HIV and Hepatitis (DoH, 2004).

Agencies should ensure there is a named legal advisor for blood borne viruses.

9.6 Boarding school

A child in boarding school is vulnerable to physical, sexual or emotional abuse and / or neglect. If there are lapses in the care provided for them, the child can suffer to such a degree that it constitutes significant harm.

Good quality care

The welfare and safety of children living in boarding school should be promoted and provided for at a minimum, in line with the relevant National Minimum Standards (www.ofsted.gov.uk).

All commissioners and providers of services for children living in boarding schools are responsible for ensuring that the children are safeguarded.

Commissioner contracts and provider procedures should be comprehensive and unambiguous in setting out the responsibilities and processes for safeguarding and promoting children's welfare. Local Safeguarding Children Boards should monitor the welfare of children living in boarding schools.

The standards for children living in boarding school include that:

Children feel valued and respected and their self-esteem is promoted;

• There is an openness on the part of the boarding school to the external world and external scrutiny, including contact with families and the wider community;
• Boarding school staff are trained in all aspects of safeguarding children, are alert to children's vulnerabilities and risks of harm, and knowledgeable about how to implement safeguarding children procedures;
• Children who live in boarding schools are listened to and their views and concerns responded to;
• Children have ready access to a trusted adult outside the boarding school setting (e.g. a family member, the child's social worker, independent visitor, children's advocate). Children should be made aware of the help they could receive from independent advocacy services, external mentors, and ChildLine;
• Boarding school staff recognise the importance of ascertaining the wishes and feelings of children and understand how individual children communicate by verbal or non-verbal means;
• There are clear procedures for referring safeguarding concerns about a child to the relevant Children's Social Care service;
• In relation to complaints:
• Complaints procedures should be clear, effective, user friendly and readily accessible to children and young people, including those with disabilities and those for whom English is not their preferred language;
• Procedures should address all expressions of concern, including formal complaints. Systems that do not promote open communication about ‘minor' complaints will not be responsive to major ones, and a pattern of ‘minor' complaints may indicate more deeply seated problems in management and culture which need to be addressed;
• Records of complaints should be kept by providers of children's services (e.g. there should be a complaints register in every boarding school which records all representations including complaints, the action taken to address them, and the outcomes);
• Children should be genuinely able to raise concerns and make suggestions for changes and improvements, which are taken seriously.
• Bullying is effectively countered;
• Recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers;
• There is effective supervision and support, which extends to temporary staff and volunteers;
• The boarding school's contractor staff are effectively checked and supervised when on site or in contact with children;
• Clear procedures and support systems are in place for dealing with expressions of concern by boarding school staff about other staff or carers;
• Organisations should have a code of conduct instructing boarding school staff on their duty to their employer and their professional obligation to raise legitimate concerns about the conduct of colleagues or managers. There should be a guarantee that procedures can be invoked in ways which do not prejudice the ‘whistle-blower's' own position and prospects;
• There is respect for diversity and sensitivity to race, culture, religion, gender, sexuality and disability;
• Boarding school staff are alert to the risks of harm to children in the external environment from people prepared to exploit the additional vulnerability of children living in boarding schools.

9.7 Bullying and cyber bullying

Bullying is deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for the victims to defend themselves.

The damage inflicted by bullying is often underestimated. It can cause considerable distress to children, to the extent that it affects their health and development and can be a source of significant harm, including self-harm and suicide.

Bullying can include emotional and / or physical harm to such a degree that it constitutes significant harm.

The main types of bullying are:

• Physical abuse (e.g. hitting, kicking, stabbing and setting alight), including filming with mobile telephones and theft (commonly of mobile telephones);
• Verbal or mobile phone / online (internet) message abuse (e.g. racist, sexist or homophobic name-calling or threats) - this type of non-physical bullying may include sexual harassment;

• Mobile phone or online (internet) visual image abuse - these can include real or manipulated images;
• Emotional abuse (e.g. isolating an individual from the group or emotional blackmail).

Cyber bullying

This procedure links to the work of the LSCB E Safety Task Group and the implementation of the LSCB E Safety Strategy (See Procedures S9.15) and E Safety guidance on the LSCB website.

As mobile phone and internet technology becomes increasingly common, so has the misuse of the technology to bully. Current research in this area indicates that cyber bullying is a feature in many young people's lives. One study carried out by the Anti-Bullying Alliance found 22% of young people reported being the target of cyber bullying.

Some features of cyber bullying are different from other forms of bullying:

• 24/7 and the invasion of home and personal space;
• The audience can be large and reached rapidly;
• The worry of content resurfacing can make it difficult for targets to move on;
• People who cyber bully may attempt to remain anonymous;
• The profile of the bully and target - it can take place between peers, between generations, involve teachers as targets and bystanders become accessories to bullying by passing on images;
• Some instances are known to be unintentional (something sent as a joke can be deeply upsetting) and there is a lack of awareness of the consequences

Many cyber bullying incidents can themselves act as evidence - it is important then to know how to respond.

Preventing cyberbullying

There is no single solution to the problem of cyberbullying. There are however five key areas for agencies that work with children and young people to address to put in place an effective prevention plan:

• Understanding and talking about cyberbullying;
• Updating policies and procedures;
• Clarify reporting of incidents and support those who report;
• Promote the positive use of technology;
• Evaluate the impact of prevention activities - e.g. young people and parent/carer satisfaction surveys

Response to cyberbullying incidents

Key steps to manage incidents are for the agency (with parents and young people) to:

a. Support the person being bullied by:

• advising them to keep relevant evidence;
• help them prevent it happening again ( e.g, change of contact details);
• advise them not to retaliate or return the message;
• assess what information is in the public domain

b. Take action to contain the incident when content has been circulated by:

• Asking those responsible to remove the content;
• Keeping a record of the bullying as evidence if needed;
• Reporting to the host ( e.g., the social networking site) to get the content taken down (see E Safety Guidance for contacts)
• Use measures to confiscate phones that are used to cyber bully (for schools);
• Contact the police in cases of illegal content

c. Work with the bully

For staff working with young people factors to consider in the work they undertake with the young person who has bullied should include the impact on the victim, the way the material was circulated as well as the content, the motivation of the bully (whether the incident was unintentional or retaliation for behaviour by others).

E Safety "10 Top Tips for Children and Young People"

1. Treat your password like your toothbrush - keep it to yourself
2. Only give your mobile number or personal website address to trusted friends
3. Block the bully - learn to block or report someone who is behaving badly
4. Save the evidence - learn how to keep records of offending text messages, pictures or online conversations
5. Don't retaliate or reply
6. Check your profile and make sure it doesn't include any personal information
7. Always respect others - be careful what you say online and what images you send
8. Think before you send - whatever you send can be made public very quickly and could stay online forever
9. Look out for your friends - and do something if you think they are at risk
10. Tell your parent, carer or a teacher if something or someone makes you feel uncomfortable or worried

"E Safety 10 Top Tips " for People who work with Children

1. Do you have a person social networking site? If you do, check it now- is it set to private? If it isn't, change it now
2. Never share your personal website details with any child or young person you meet through this centre, no matter how old they are
3. If a child or young person has already accessed your personal website, inform your line manager now
4. Never use your personal digital camera or mobile phone to take photographs on trips or outings
5. Never store photographs of children and young people in your care or from this centre on your personal computer or laptop,
6. Do not give your personal contact details, whether e mail address or mobile phone numbers, to any child or young person in your care or from this centre
7. Never use your personal mobile phone to contact or text a child or young person from this centre
8. Only use equipment such as mobile phones or laptops provided by the Council to communicate with children and young people for professional reasons and in accordance with your premises policies
9. Make sure you know and fully understand the Acceptable Use Policy in this centre
10. Do not assume `It could never happen to me'

"E Safety 10 Top Tips" for Teachers & Schools

1. Update the school's Anti-Bullying policy to include cyber bullying
2. Ensure that you know what the school's Acceptable Use Policy is
3. Publicise the school's Anti-Bullying and Acceptable Use policies widely so that pupils and their parents and carers are aware of them
4. Provide and publicise different ways of reporting incidents of Cyber Bullying
5. Keep good records of and take all incidents of Cyber Bullying seriously
6. Explore ways of using technology with pupils to support self esteem, assertiveness, participation and to develop friendships
7. Do not give your personal contact details, e mail address or mobile phone numbers, to children and young people
8. Do not use the internet, including social networking sites, or mobile phones, i.e. text messaging, to send personal messages to any child or young person
9. Only use equipment such as mobile phones provided by your school to communicate with children and young people for professional reasons and in accordance with school policies
10. Set your personal websites to private so that the children and young people you teach are unable to access private information about you.

Further Information

The following external websites provide further information and guidance. They are regularly updated.

• www.ceop.co.uk (for parents/carers and adults)
• www.iwf.org.uk (for reporting illegal images and content)
• www.thinkuknow.co.uk (for all children and young people and their parents/carers. It also links with the CEOP (Child Exploitation and On-Line Protection Centre).
• www.netsmartzkids.org (for ages 5-17)
• www.kidsmart.org.uk (all under 11)
• www.phonebrian.org.uk (for year 5 - year 8)
• www.bbc.co.uk/cbbc/help/safesurfing (for year 3/4)
• www.hectorsworld.com (for year 1 and 2 and is part of the thinkuknow website)
• www.teachernet.gov.uk (for schools and settings)
• www.dcsf.gov.uk (for adults)
• www.digizen.gov.uk (for adults)
• www.becta.org.uk (advice for settings to update policies)

9.8 Children from abroad

Assessment

This procedure links with Private Fostering (LSCB Procedures, Section 9.40).

Practitioners should never lose sight of the fact that children and young people from abroad are children first, which may be forgotten in the face of legal and cultural complexities.

Assessing the needs of these children and young people is only possible if their legal status, background experiences and culture are understood, including the culture shock of arrival in this country.

Practitioners should be prepared to actively seek out information from other sources and should ensure they do not ‘interrogate' the child or young person.

Children or young people who arrive to be with carers who are not their parents and children or young people who are unaccompanied should be assessed as a matter of urgency, as they may be very geographically mobile and as a result their vulnerabilities may be greater.

In any assessment or enquiries by Children's Social Care, there is always to be separate discussion with the child or young person, in a setting where, as far as possible, s/he can talk freely and in their first language.  This will always entail the services of an Interpreter (not a family member or friend) where English is not the child's first language. See Working with Interpreters (Section 9.60 LSCB Procedures)

Children and Young People Living with their Parents

Whatever the status of a child or family in relation to immigration legislation, there are responsibilities to children and young people in terms of their health, education, welfare and safety.  Any practitioner coming into contact with a family from overseas should satisfy themselves that contact has been made with appropriate health and education services for the children or young people. If not, appropriate referrals are to be made.  As professionals continue to be involved with families, the children and young people should be seen and their views sought.

Irrespective of a child or family's immigration status, if it appears at any point that a child or young person is in need, or at risk of significant harm, local arrangements for referrals to Children's Social Care are to be followed without delay.

Child or young person living with an adult who is not their Parent 

If there is an indication that a child or young person has come from overseas and is in the care of an adult who is not the parent, or one whose relationship is uncertain, a referral must be made to Children's Social Care immediately.  

Such children and young people are to be assumed to be in need, unless assessment shows otherwise.   Where it is considered there may be a risk of significant harm, a Strategy Meeting is to be held within one working day, to share information and plan for the protection of the child or young person.  See Strategy Meeting (LSCB Procedures, Section 6.7).

Where assessment/child protection enquiries show that it is not safe for the child or young person to be looked after by the adult concerned, Children's Social Care are to ensure the welfare and safety of the child.  This may require Police Protection or Emergency Protection Order or other legal proceedings.

A core assessment is to be completed as quickly as possible to assist in formulating a longer term plan for the child or young person.

Where the assessment concludes that the child or young person's needs can be met by the adult in question, then legislation, regulations and procedures, to do with private fostering and care by relatives and friends, are to be followed by Children's Social Care and other agencies.

Unaccompanied Children and Young People

Children and young people who arrive in the UK alone or who are left at the point of entry by an agent are particularly vulnerable to commercial, domestic or sexual exploitation.  All such children and young people are to be referred to Children's Social Care.

Where such a child or young person is being interviewed by the Border Agency a social worker should attend as an appropriate adult. Thereafter the child or young person becomes the responsibility of Children's Social Care. 

9.9 Criminal injuries compensation

Children who are victims of offences of violence (whether committed within or outside the family) may be entitled to criminal injuries compensation, whether or not there has been a prosecution or conviction and even where there is no physical injury as in cases of sexual assault.

A claim on behalf of a child/young person under 18 years of age should normally be made by a person with parental responsibility. 

If it appears that a child may be eligible to apply for criminal injuries compensation staff should:

• Inform the person with parental responsibility of possible eligibility to criminal injuries compensation;
• Provide the person with parental responsibility with information about criminal injuries compensation;
• Support the person with parental responsibility to progress the claim on behalf of the child.

Where the local authority has parental responsibility for a child looked after the social worker should progress the claim.

Legal advice should be sought if the person who would be eligible to make the claim on behalf of the child is the abuser.

9.10 Cross Boundaries

Meaning of ‘Cross Boundaries'

These ‘Cross Boundary' procedures relate to children who are currently known to Children's Social Care, or where there is a need for involvement by Children's Social Care and, for whatever reason, the child's circumstances involve more than one Children's Social Care department or more than one police force area. 

There is no distinction between temporary or permanent moves of a child or the nature of the accommodation in which a child or family are living.

• ‘Home authority' refers to the local authority in the area where the child normally lives.
• ‘Host authority' refers to the local authority in the area where the child is currently or where the child was when abuse is alleged to have taken place.
• ‘Child known to Children's Social Care' refers to any child being considered for, or subject to, an initial or core assessment, or a child/family who are receiving services from Children's Social Care.

Case responsibility

In all situations, when a child known to Children's Social Care moves to another local authority area, case responsibility lies with the home authority Children's Social Care, until and unless a transfer of responsibility is agreed by the host authority Children's Social Care.

Child known to Children's Social Care who moves out of the local authority area

Where a child who is known to Children's Social Care moves to another local authority area, Children's Social Care in the home authority are to ensure that a referral is made to Children's Social Care in the host authority, giving all relevant information.  This should happen as soon as the home authority Children's Social Care are aware of the move.

Wherever there is a request by the home or host Children's Social Care for a meeting to discuss the transfer of the case, this request should be met.

Clarifying responsibilities

Circumstances will arise where more than one local authority Children's Social Care has responsibilities in relation to the duty to undertake child protection enquiries, such as:

• A child found in one local authority area (host authority) who is subject to a Child Protection Plan in another local authority area (home authority);
• A child looked after by Children's Social Care (home authority) and placed in another local authority area (host authority);
• A child whose family lives in one local authority (home authority) who attends a school in another local authority area (host authority);
• A child staying temporarily in a local authority area (host authority) whose family live in a different authority area (home authority);
• A child whose family moves into a local authority area (host authority) and the child/family are currently known to Children's Social Care in the previous local authority area (home authority)
• A child who lives in one authority (home authority) and there is a suspicion or allegation of abuse which occurred in another local authority area (host authority).

Where allegations arise in relation to a child's home circumstances:

• The home authority's Children's Social Care is responsible for any child protection enquiries;
• The home authority's Children's Social Care is responsible for making immediate contact, and continuing close liaison, with the host Children's Social Care;
• The home authority's Police Protecting Vulnerable Person's Unit are responsible for any investigation and for liaison with the host Police Protecting Vulnerable Person's Unit;

Where allegations arise in relation to a child's circumstances within a host authority area, for example, alleged abuse in a school or placement:

• The host Children's Social Care is responsible for any child protection enquiries;
• The host Children's Social Care is responsible for making immediate contact, and continuing close liaison, with the home Children's Social Care;
• The host Children's Social Care is responsible for undertaking any emergency action;
• The host authority area Police Protecting Vulnerable Person's Unit are responsible for any investigation and for liaison with the home authority Police Protecting Vulnerable Person's Unit;
• Once emergencies and enquiries are dealt with by the host authorities Children's Social Care, responsibility for a child will revert to the home authorities Children's Social Care, until and unless a transfer of case responsibility takes place.

The above responsibilities are to be undertaken as specified, unless the home and host authority Children's Social Care agree to a more expedient course of action, due to the needs of the child and the specific circumstances of the case.  Similarly the Police Child Abuse Investigation Unit in both areas may agree a different course of action depending on the circumstances of the case. 

Child Protection Action

When a referral about a child protection matter is made to either the home or host Children's Social Care, there must be immediate contact between both Children's Social Care.  The contact must be initiated by the Children's Social Care which has received the referral.

The two Children's Social Care departments are to agree responsibility, initially, for:

• Case management;
• Any urgent action;
• Strategy Meeting/Discussion, including who is to be involved;
• Liaison with other agencies.

Negotiation about responsibility must not cause delay in urgent situations. If agreement cannot be reached within the working day, Children's Social Care where the child currently is must take responsibility for enquiries and any necessary protective action.

Strategy Meetings must be held within timescales set by local inter-agency Child Protection/Safeguarding Procedures. Attendance at the meeting must include:

• Home authority Children's Social Care;
• Host authority Children's Social Care;
• Representatives of other agencies and authorities as agreed by both Children's Social Care;
• Police Child Abuse Investigation Unit as decided between the two Police Forces involved.

The notes of the Strategy Meeting must include decisions, actions, responsibilities, timescales and process for review.

The outcome of any child protection enquiries must be conveyed in writing to:

• The relevant Team Managers in both Children's Social Care departments;
• Other relevant agencies;
• The child (ren) where appropriate;
• Parents, carers and any others with parental responsibility.

Child subject to Child Protection Plan moving into another local authority area

This procedure links to Child Protection Conferences (LSCB Procedures, Section 7) and Implementing the Child Protection Plan (LSCB Procedures, Section 8).

Immediately the Key Worker becomes aware that a child subject to a Child Protection Plan has moved or there is a plan to move, s/he is to undertake the following, in consultation with his/her Manager.

• Consider any statutory action on the part of the home authorities Children's Social Care in response to the move;
• Notify the host authorities Children's Social Care by making an immediate verbal referral, to be followed by faxed or e mailed information;
• Ascertain contact details for the relevant team in the host Children's Social Care;
• Notify their own authority Manager/Administrator of Child Protection Plans and fax the relevant information;
• Ensure the Children's Social Care Central database (formally Child Protection Register) is notified ( Tel. 01609 774298);
• Notify Core Group members of change of circumstances;
• Contact the team manager in the host Children's Social Care to discuss plans;
• Forward, by recorded delivery, copies of the core assessment, Child Protection Plan and relevant papers from Child Protection Conference(s) to the responsible team manager in the host Children's Social Care;
• Where the child/family have moved, visit as soon as possible to verify details and establish if the child is registered with a GP, and enrolled in school and their future plans;
• Establish identity (full name/date of birth) of all significant others living in the household;
• Forward new contact details of the child and the family to the IRO Chair of the Conference and to Core Group members;
• If the move is permanent the North Yorkshire Chair of the Conference ( Independent Reviewing Officer) # should be notified of the intention to request the host Authority to arrange a transfer in conference;
• Ensure attendance at, and completion of a report for, the first Child Protection Conference to be held in the host authority area.

The home Children's Social Care Team Manager will ensure that the above tasks have been completed within timescales specified and agreed between the Team Manager and the Key Worker.

The designated manager of the Children's Central Database (previously referred to as Custodian of the Child Protection Register) will ensure, within the same day of notification from the Key Worker, that their counterpart in the host authorities Children's Social Care is informed of the move, followed by a fax/email of the information. They will seek a monthly update from the Key Worker regarding progress and liaise with the host Children's Social Care if necessary.

Home Core Group Members will ensure that relevant records are sent to their counterparts in the host authority, in line with their transfer policy. They will ensure without delay that reports are provided for the Child Protection Conference to be held in the host local authority area and, wherever possible, that attendance takes place at the Conference.

Host Children's Social Care will ensure that the notification from the Key Worker in the home authority Children's Social Care is logged, where possible using a code that indicates a child subject to a Protection Plan moving in from another local authority area.  Ensure that the manager who is to take responsibility is primed and receives the referral within one working day.

Host Children's Social Care manager will ensure that a Strategy Meeting is held, in order to clarify/agree:

• Whether the child may be at risk of significant harm in the household within the host authority area;
• Whether the home Children's Social Care intends to retain case responsibility and if so, whether any services are necessary in relation to the Child Protection Plan;
• Where applicable, arrangements for the transfer of case responsibility;
• Where the home Children's Social Care retains responsibility, that full details, including contact data, are recorded on Children's Social Care database;
• Where case responsibility is to transfer to the host Children's Social Care, a Child Protection Conference is held by the host authority Children's Social Care, within 15 working days of notification of the child moving into the area;
• Children's Social Care and other involved professionals in the home authority area are invited to the Conference and that reports are requested.

Children subject to a Child Protection Plan moving on a temporary basis

The Central Children's Database should also be informed immediately (Tel 01609 774298) by Children's Social Care when children subject to a Child Protection Plan move to another area on a temporary basis. The host authority will be notified by the Central Database.

Children's Social Care must notify the Central Database when the child has returned to the NYCC area.

Children subject to a Child Protection Plan in another Local Authority moving permanently to North Yorkshire

Children who are subject to a Child Protection Plan in another Local Authority but have moved to North Yorkshire on a permanent basis will need to have a Transfer Child Protection Conference. Transfer Child Protection Conferences should be held within 15 working days of the child's move.

The Children's Social Care Service Manager should liaise with the responsible officer in the home authority to establish the circumstances of the child and confirm the permanent nature of the child's move to North Yorkshire.

If the move is deemed to be permanent and the child is subject to a Child Protection Plan in the home authority a Child Protection Conference must be convened in North Yorkshire in the usual way.

Case responsibility will remain with the home authority until the conference is held in North Yorkshire though arrangements should be made to assess the child's needs and circumstances in North Yorkshire prior to the Conference with the cooperation of the home authority.

It is essential that the home authority is invited to attend the conference and their attendance is encouraged. They should forward all relevant documents to allow full information to be shared in the meeting.

The Initial Conference will be held in the usual way and will decide whether or not the child should have a Child Protection Plan in North Yorkshire using the criteria set out in Working Together.

Children's Social Care should assume case responsibility for the child following the conference if a Child Protection Plan is made or if the child and family are to receive support via a Child In Need Plan.

The Child Protection Plan held by the home authority will cease following the North Yorkshire Conference.

Where a child is subject to legal proceedings

Wherever a child subject to legal proceedings moves, or is expected to move, to another local authority area, the local authority solicitor is to be informed immediately.

9.11 Custodial settings for children

Settings in which children may be held in custody include Young Offender Institutions (YOIs), Secure Training Centres (STCs) and secure children's homes provided by local authorities, adult prison settings or immigration detention centres.

A child in a custodial setting is vulnerable to physical, sexual or emotional abuse. If there are lapses in the care provided for him / her, the child can suffer to such a degree that it constitutes significant harm. See section 4.3.

The welfare and safety of children living in custodial settings should be promoted and provided for at a minimum, in line with the National Standards for Youth Justice Services 2004, Youth Justice Board and Home Office, in all custodial settings.

All commissioners and providers of custodial services for children are responsible for ensuring that children are safeguarded. Commissioner contracts and provider procedures should be comprehensive and unambiguous in setting out the responsibilities and processes for safeguarding and promoting children's welfare. Local Safeguarding Children Boards should monitor the welfare of children living in custodial settings. .

The standards for children living in custodial settings include that:

• Children feel valued and respected and their self-esteem is promoted;
• There is openness on the part of the custodial setting to the external world and external scrutiny, including contact with families and the wider community;
• Custodial settings and support staff are trained in all aspects of safeguarding children, are alert to children's vulnerabilities and risks of harm and are knowledgeable about how to implement safeguarding children procedures;
• Children who live in custodial settings are listened to and their views and concerns responded to;
• Children have regular access to a trusted adult from outside the custodial setting (e.g. a family member, the child's social worker, independent visitor, children's advocate). Children should be made aware of the help they could receive from independent advocacy services, external mentors, and ChildLine;
• Custodial service staff recognise the importance of ascertaining the wishes  and feelings of children and understand how individual children communicate by verbal or non-verbal means;

There are clear procedures for referring safeguarding concerns about a child to the relevant Children's Social Care service;

In relation to complaints:

• Complaints procedures should be clear, effective, user friendly and readily accessible to children and young people, including those with disabilities and those for whom English is not their preferred language;
• Procedures should address all expressions of concern, including formal complaints. Systems that do not promote open communication about ‘minor' complaints will not be responsive to major ones, and a pattern of ‘minor' complaints may indicate more deeply seated problems in management and culture which need  to be addressed;
• Records of complaints should be kept by providers of children's services (e.g. there should be a complaints register in every custodial setting which records all representations including complaints, the action taken to address them, and the outcomes);
• Children should be genuinely able to raise concerns and make suggestions for changes and improvements, which are taken seriously. See section 18. LSCBs, quality assurance and conflict resolution.
• Bullying is effectively countered - this is especially important in any institution providing accommodation and care for groups of young people;
• Recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers;
• There is effective supervision and support, which extends to temporary staff and volunteers;
• The custodial service contractor staff are effectively checked and supervised when on site or in contact with children;
• Clear procedures and support systems are in place for dealing with expressions of concern by custodial service staff about other staff or carers (see section 15. Allegations against staff);
• Organisations should have a code of conduct instructing staff on their duty to their employer and their professional obligation to raise legitimate concerns about the conduct of colleagues or managers. There should be a guarantee that procedures can be invoked in ways which do not prejudice the ‘whistle-blower's' own position and prospects;
• There is respect for diversity and sensitivity to race, culture, religion, gender, sexuality and disability;
• Custodial service staff are alert to the risks of harm to children in the external environment from people prepared to exploit the additional vulnerability of children living away from home.

Children's Social Care

Children's Social Care's duties and responsibilities extend to children who are in custody and they are obliged to investigate any concerns about the welfare of children in custodial settings as they would if the child lived in the community or a non-custodial setting. All Children's Social Care services should implement the requirements set out in Safeguarding and promoting the welfare of children and young people in custody (LA circular [2004] 26). In addition, the Prison Service has an obligation to safeguard the welfare of children in its care and to reflect the principles and spirit of the Children Act 1989.

Children's Social Care in areas where there is a young offender institution, prison, Secure Training Centre or detention and deportation centre should:

• Have agreed local protocols for referral, assessment and the provision of services to children in custody, including child protection procedures;
• Ensure that the governor of the custodial establishment is invited to be a member of the Local Safeguarding Children Board (LSCB);
• Ensure, through the LSCB, that arrangements are in place to safeguard the welfare of children in custody (e.g. liaison arrangements for undertaking s47 enquiries, holding strategy meetings / discussions and undertaking serious case reviews) and that Children's Social Care is represented on the young offender institution's safeguarding committee;
• Have local protocols in place in the event of the death of a child in custody, taking into account national guidelines from the Youth Justice Board, Department for Children, Schools and Families (formerly the DfES) and Prisons and Probation Ombudsman.

Children's Social Care should ensure they fulfil their statutory responsibilities for contact with any children placed in custody for whom they have parental responsibility.

Children remanded by criminal courts to secure accommodation are looked after children within the meaning of s22 of the Children Act 1989. Children who are already looked after may also be placed in secure children's homes with the permission of the Family Proceedings Court (S25 Children Act 1989). The responsibilities on the local authority are those set out in Part 3 of and Schedule 2 to the Children Act 1989; the local authority does not acquire parental responsibility. These responsibilities fall on the local authority where the child is ordinarily resident, not on the authority where the secure accommodation is located. The safeguarding duties are the same as those for other looked after children in terms of promoting and safeguarding the child's welfare, taking account of the child's wishes, producing and reviewing care plans and consulting with other agencies.

As with other children, in any situation in which there is reason to suspect a looked after child is suffering or is likely to suffer significant harm, child protection enquiries must be initiated.

The Governors of YOIs, STCs and secure children's homes have obligations set out in PSO 4950 - Regimes for Juveniles with respect to child protection. The same measures should apply to children in other custodial settings, such as children in adult prison settings (e.g. women's establishments which have mother and baby units) or immigration detention centres.

All custodial settings which accommodate children should have internal policies and procedures to safeguard and promote the welfare of children. Accordingly, if information comes to light, from whatever source, that a young person has suffered or is at risk of suffering significant harm, the professional who receives the information or has a concern must report this immediately to the safeguards manager or equivalent nominated safeguarding children adviser, and the Governor.

The Governor must ensure an assessment is undertaken by the safeguards manager or equivalent nominated safeguarding children adviser as soon as possible (but in any case within 12 hours) and overseen by the setting's safeguards committee. Children's Social Care should be consulted for expert advice as required.

9.12 Custodial settings (children visiting)

Definition of contact

Contact with a child includes correspondence, prisoner's telephones (PinPhones) or social visits. Telephone contact will include any access to office telephones where permission has been granted. It will also include any contact with children who have been invited to visit the prison as part of a group.

When a child visits a custodial setting s/he could be at risk of significant harm through physical, sexual and / or emotional harm from the adult s/he is visiting or from others in the prison establishment. See section 4.3.

Contact requests and registers

If a prisoner wishes to apply to have child contact, the enquiring prison officer must provide an application form for the prisoner to complete. A separate request must be made for contact with each individual child.

It is possible that a request for contact could be made by a parent or from the child directly. If such a request is received, the prisoner will be informed and asked if they wish to submit a request for contact.

A register providing a record of applications must be held on file. This record will become part of the prisoner's main record and will follow the prisoner on transfer. Each prison establishment should maintain a central record indicating which prisoners are subject to restrictions due to the risk they represent to children, details of prisoners allowed child visits, or other contact and details of prisoners who have been refused child visits or other contact.

Parental support for contact

The prison establishment should ask the parent of the child whether they support contact. The Children's Social Care for the area where the child is living, should ascertain the wishes and feelings of the child during a home visit. For the visit to take place the LA children's care must also ascertain that   the person who has parental responsibility and is currently caring for the child supports the contact. In cases where the parent does not support contact, the prison establishment should inform the Children's Social Care of the parents' decision.

Looked after children

When a prison establishment contacts Children's Social Care as part of the multi-agency assessment below, it may become apparent that a child is looked after by the local authority. In such cases, the local authority's view of the appropriateness of contact must be obtained in writing. The test is always whether contact is in the child's best interest.

Multi-agency assessment

The prison establishment should undertake a multi-agency risk assessment to determine the risk to which a child may be exposed or the risk that a prisoner presents. The following agencies must be contacted to gather information before an assessment of risk can be made:

• The police in the child's home authority
• The prison establishment police liaison / intelligence officer must be provided with the details of the prisoner and the child/ren (including photographs of the child/ren);
• The police liaison / intelligence officer will then make contact with the police in the child's home authority requesting any information about the risk of harm to the child or further information about the prisoner;
• Children's Social Care in the child's home authority;
• The first approach by the prison establishment should be by letter (with a photograph of the child) to the Director of Children's Services.

Children's Social Care should undertake an assessment and provide a written report with recommendations within three weeks;

• The views of the child should be an important element of the assessment;
• The prison establishment's probation officer should be provided with the details of the prisoner's application for contact;
• Where a prisoner will be subject to licence supervision on release or has been recalled for breach of licence for the current offence. In these cases, the probation officer should contact the relevant home probation area with a request for information and comments concerning the prisoner's application for contact;
• Where the prisoner applying for contact is a young offender and is supervised. In these cases, Children's Social Care in the child's home authority must be contacted;
• Where appropriate, the NSPCC may be contacted for additional information. Some prison establishments who have developed a relationship or a partnership with the NSPCC have negotiated an arrangement where the NSPCC will search their database for information relating to the risk of harm to a child. There is no obligation for the NSPCC to do this check, but it would enhance the assessment if such an arrangement were in place.

Prison establishment operational manager's decision

When the operational manager with delegated authority is in possession of a all the available multi-agency information, an assessment should be made. It is most likely that the operational manager who carries out this function will be the Head of Resettlement or Throughcare who has responsibility for public protection. The operational manager's decision should take into account the follow factors:

• The child's needs, wishes and feelings;
• The capacity of the parent to protect the child from likely harm;
• The prisoner's risk to the public;
• The OASys or ASSET assessment;
• Static risk assessment (Thornton's Risk Matrix 2000);
• Pre -sentence report;
• Previous convictions;
• Custodial behaviour and any other documentation highlighting risk.

The operational manager should decide the level of contact that will be permitted. The level of contact should be proportionate to the risk identified, and the best interests of the child should always be the overriding principal in making these decisions. Contact restrictions should be incremental - one of the following levels of restriction will be applied:

• Level one: full restrictions apply. No contact with any child is permitted and all correspondence and telephone calls will be monitored;
• Level two: contact is only permitted via written correspondence. All correspondence and telephone calls will be monitored;
• Level three: contact is permitted via written correspondence and telephone. All correspondence and telephones calls will be monitored;
• Level four: no restrictions necessary. May have contact via correspondence, telephone, visits and family visit (if available). Routine sampling applies - reading of correspondence, listening to telephone calls, general observation in visiting area.

Monitoring

The level and frequency of monitoring will be proportionate to the risk of harm identified. Monitoring should focus on whether the prisoner is attempting to contact children inappropriately and what references about children are made in general correspondence (i.e. grooming or manipulation of a child or a parent).

Monitoring of prisoners who present a risk of harm to children in the visiting area is required to establish if appropriate contact is taking place between an offender and a child, where child visits have been permitted. Other prisoners who present a risk of harm to children and have not been permitted contact with a child must be supervised in such a way that contact is not possible.

Recorded and electronic information needs to be monitored (e.g. audio cassettes, CD Roms and video CDs) because it affords an easy disguise for inappropriate information.

Ensuring correct identification of children

It is necessary to take steps to prevent a child with whom a prisoner may have contact being substituted with another, possibly more vulnerable child. Prison staff monitoring letters and telephone calls and visiting areas need to be vigilant and prevent inappropriate contact where identified. Children entering the establishment for social visits must be identified from photographs by prison staff.

Four passport-style photographs of each child will be required from the parent. Prison staff at the establishment may take the photos where arrangements to do so are in place. The first and second photographs will be sent to the police and Children's Social Care, attached to the written request for information. Staff who are required to identify the child when entering the prison will use the third, and the fourth will be retained on file. Photographs should be returned to the parent if contact is not supported.

Photographs should be updated annually or earlier if there is a significant change in a child's appearance.

Reviewing contact decisions

Where a decision has been made to restrict contact, the decision will be reviewed when there is reason to believe that circumstances have changed. Reviews can be made at any time on the initiative of prison staff or at the request of the prisoner. It is good practice to review decisions every six months.

Reviews may take the form of a child protection conference, if the usual criteria for a conference are met. The prison establishment public protection lead is responsible for liaising with Children's Social Care with regard to arranging a child protection conference.

Any decision to change the level of contact permitted must be based on what is best for the child. The child's welfare is paramount at all times. The decision must take into account the views of the police and probation

Appeals process

All prison establishments have procedures for prisoners who wish to appeal about a decision not to permit or to restrict contact with a child. If the prisoner wishes to challenge the information held on file, the information provided by other agencies should only be disclosed to the prisoner with the agreement of the other agency.

9.13 Disabled children

Considerations

Disabled children are particularly vulnerable for a variety of reasons, including:

• Having fewer outside contacts than other children;
• Receiving intimate personal care possibly from a number of carers which may increase their exposure to abusive behaviour and make it more difficult to set and maintain physical boundaries;
• Having an impaired capacity to resist or avoid abuse;
• Being more vulnerable to abuse by their peers and especially vulnerable to bullying;
• Being inhibited about complaining due to fear of losing services.

In addition to the universal indicators of abuse and neglect the following abusive behaviours may be relevant:

• Force feeding;
• Unjustified or excessive physical restraint;
• Rough handling;
• Extreme behaviour modification including the deprivation of liquid, medication, food or clothing;
• Misuse of medication, sedation, heavy tranquillisation;
• Invasive procedures against the child's will;
• Deliberate failure to follow medically recommended regimes;
• Misapplication of programmes or regimes;
• Ill-fitting equipment e.g. callipers, sleep board which may cause injury or pain, inappropriate splinting.

In addition to increased risk factors, disabled children may have communication difficulties which make it difficult to tell others what is happening to them.  Adults, including professionals assessing their needs and caring for them may concentrate on the child's special needs and overlook signs and symptoms which may suggest that the child is being maltreated.  Often, signs indicating maltreatment may be attributed to the disability. 

A professional who has a concern for a disabled child must consider:

• The child's communication needs and how she/he will communicate effectively with the child;
• What information in relation to the child's disability and special needs the professional requires in order to assess risk of abuse;
• What resources the professional requires in order to undertake an informed assessment;
• Any specialist advice the professional needs.

As disabled children are considered to be children in need under Section 17, Children Act they are likley to be the subject of multi agency Child in Need meetings. These meetings will be held in line the with Children's Social Care policy. Additionally some disabled children may also be subject to Child Care Reviews, for example where they receive substantial short break care. In all these cases those professionals assessing the concern and those who are responsible for coordinating and delivering the Child's Plan must work closely together to ensure that the child's needs are effectively met in a holistic way.

Strategy Meeting concerning a Disabled Child

Where a Strategy Meeting/Discussion is about a child with disabilities, there must be involvement by key professionals who know the child well, including those who have a comprehensive understanding of the child's disability, method of communication, and any associated medical condition (which may account for bruising in some cases).

Section 47 Enquiries with a Disabled Child

The initial assumption must always be that a child with a disability is capable of responding and making a statement if his/her particular needs are met.

There must be adequate preparation for an interview, which is to include:

• Planning the venue for the interview in consultation with the child if possible or someone close;
• Ensuring that a venue is physically accessible to the child;
• Ascertaining if the child has the words or a non-verbal method of describing body parts (props such as dolls or other visual images may be appropriate in some cases);
• Planning on the basis that the interview is to take place at the child's pace which may be much slower than with a non-disabled child and may require more than one interview.

9.14 Domestic Abuse

Practice guidance has been issued through the LSCB regarding domestic abuse and may be found on the NYSCB website: Good Practice section. The guidance gives detailed explanation about how to use the Barnados risk assessment tool in Appendix 7.

Meaning of Domestic Abuse

‘Any violent or abusive behaviour, such as physical assault, sexual abuse, rape, threats and intimidation, humiliating and controlling behaviour, withholding of finances, deprivation, isolation, belittling and constantly criticising, which is used by one person to control and dominate another with whom they have, or have had, an intimate relationship.'

Domestic abuse affects all sections of society, regardless of age, gender, wealth, sexuality and geography. However, it is mainly women who suffer. Domestic abuse can be an important indicator of a child in need or at risk of harm, either of actual physical, sexual and/or emotional abuse from perpetrators or by exposure to the abuse.

Responses to Concerns about Domestic Abuse

Any agency/professional may be the first point of contact for an adult who is suffering from domestic abuse, for example, Accident and Emergency staff, General Practitioners, Teachers, Health Visitors, Police.  Practitioners should:

• Be proactive in creating conditions in which the victim can speak privately to a professional without fear of recriminations by the alleged perpetrator;<
• Be clear with the victims that the perpetrator does not have the right to abuse them;
• Offer information privately to victims about sources of advice and support and how to access them:
• Refer on to other agencies who can help, if s/he wishes this;
• Clarify with the victim how safe contact can be made in future by agencies;
• Record accurately any information about domestic abuse, including information given by victims and observations of injuries, and of the behaviour of victims or perpetrators.

Regarding a particular incident, attention should be paid to: 

• Where the children were;
• Whether they were directly involved and/or aware of the incident;
• Whether any weapons were used or threatened to be used;
• Whether the victim or children were prevented from leaving the house;
• Whether there is damage to the home or belongings;
• Whether pets have been harmed.

Where a practitioner believes that a referral to Children's Social Care is indicated, this should be discussed with the victim and every effort made to seek agreement.  It is not necessary to have the consent of a parent in order to make a referral to Children's Social Care if the practitioner has reasonable cause to believe that the child is at risk of significant harm. See Information Sharing, Confidentiality and Consent (Section 3, LSCB Procedures).

Referral to Children's Social Care

The Children Act 1989 says that a child is in need if:

• He or she is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him/her of services or;
• His/her health or development is likely to be significantly impaired, or further impaired, without the provision for him/her of such services or;
• S/he is disabled.

The Act also says that where there is reasonable cause to suspect that a child is suffering, or likely to suffer, significant harm, Children's Social Care are to make enquiries in order to decide if any action needs to be taken to safeguard or promote the child's welfare.  It gives the meaning of ‘harm' as ill-treatment, which includes physical or sexual or emotional abuse or impairment of health and development.

A legislative change brought by the Adoption and Children Act 2002 extends the meaning of ‘harm' to include the harm that children suffer by "seeing or hearing the ill treatment of another".

This puts obligations on all practitioners, when considering the needs of a child and the risk of significant harm, to consider the impact of hearing or witnessing domestic abuse on the child's emotional and psychological well being. 

Where a practitioner considers that there is a child who is in need or at risk of significant harm, through domestic abuse, a referral should be made to Children's Social Care.

A Serious Case Review in North Yorkshire recommended that the third referral of a child to Children's Social Care would as a minimum trigger an Initial Assessment of that child. This should be considered alongside the Assessment Tool in Appendix 7.

Children's Social Care Response

Children's Social Care and other agencies are to work in line with the inter-agency guidance ‘Framework for Assessment of Children and their Families' (DOH 2000) and the guidance in ‘Working Together to Safeguard Children' (DOH 2006) taking account also of the legislative change in the Adoption and Children Act (2002) as referred to above.

On this basis, it is to be determined whether the child and family are in need of support services and/or whether the child is in need of protection. 

Throughout, It should always be considered by all involved, whether a child living with domestic abuse has crossed the threshold from being a child in need of services to promote her/his welfare, to a child who is likely to be at risk of significant harm.

Consideration must be given about how to make initial contact without putting the child and the adult victim at further risk of abuse.  The referrer should be asked for any information they have about safe methods of contact. 

Checks should be made to ascertain whether the perpetrator is already engaged with any statutory or voluntary agencies, such as the National Probation Service.

Consideration should be given to liaising with any local specialist domestic abuse project to check whether they already know any family members and to explore the value of joint work or a referral to that project.

Assessment of Risk (Use of Assessment Tool in Appendix 7)

Assessment of risk to the children, including an unborn child, must be undertaken and continued, from the point of receiving the referral.

Children must be given the opportunity to communicate about their experience of living with domestic abuse. 

In assessing the risk posed by the perpetrator, it is important to recognise that research consistently demonstrates that, even in a therapeutic setting, denial and minimisation are frequent hallmarks of men who have been domestically violent.  Further, that significant disparities invariably exist between the reports of these men and those of third parties, especially their victims.

In assessing and managing risk to the child, particular attention should be paid to the following factors:

The Adults

• A build up of incidents or concerns;
• Severe abuse or severe impact;
• The perpetrator has been violent in previous relationships;
• Substance misuse, including alcohol, by the perpetrator;
• Adult mental health issues;
• A perpetrator who is reportedly obsessively jealous or controlling;
• Whether the perpetrator has ever grabbed the victim by the throat or attempted choking;
• Use of weapons;
• Sexual as well as physical assault;
  • Where the woman is pregnant;
  • Where an animal has been harmed;
  • Where the victim has just left;
  • Where the victim is planning to leave.

The Child - physical risk

• The child has been hurt or injured through the domestic abuse, whether or not deliberately;
• The child is restricted in mobility and/or communication due to age or disability;
• The child intervenes in the domestic abuse;
• The child is unborn. 

Child - sexual abuse

• The woman has been sexually abused, as part of the domestic abuse.

Child - emotional abuse and/or neglect

• The child's basic needs are not being met.

Managing Risk

Children's views and wishes about their safety and welfare should be listened to and taken into account as far as possible.

Consideration should be given to removing the perpetrator from the family home as an initial means of managing the risk. The perpetrator should be given the opportunity to access any available local services which will help to address the use of abuse in the longer term.  It is possible for the family courts to grant exclusion orders (injunctions) to assist in removing a perpetrator.

Workers should attempt to work with the victim on issues of safety and empowerment for themselves and the children, and on placing the responsibility for the domestic abuse on the perpetrator.  This may mean helping the parent and children to escape, although this may not be an option, for a variety of reasons.

Working with the victim on empowerment should never override the paramount requirement to protect the children and ensure their welfare.  It may become necessary to go against the wishes of the victim, for example, by invoking child protection procedures or taking legal action.  It should be made clear that this action is based on an assessment of the children's needs and that the non-abusing adult is not being blamed for the threat posed by the perpetrator of the abuse.

Applying Child Protection Procedures

Based on the information available and assessment, it may be decided that it is not necessary to apply child protection procedures. Alternatively, these may be applied at the point of referral or at a later point in the assessment process.

Child protection procedures are to be applied if there is reasonable cause to suspect that a child is at risk of significant harm.

Note also that the MARAC (Multi Agency Risk Assessment Conference) is being used in North Yorkshire to plan for the safety of victims of abuse whether or not they have children. Information is available in Section 12.2, LSCB Procedures.

9.15 E Safety

Scope of the procedure

As technology develops, the internet can be accessed through various devises including mobile phones, text messaging, mobile camera phones as well as computers and games consoles. As a result, the internet has become a significant tool in the distribution of indecent photographs and videos of children and young people.

Internet chat rooms, forums and bulletin boards are used as a means of contacting children with a view to grooming them for inappropriate or abusive relationships which may include requests to make or transmit pornographic images of themselves or to perform sexual acts live in front of a web cam.

Contacts made initially in a chat room are likely to be carried on via email, instant messaging services, mobile phone and text messaging. There is a growing cause for concern about the exposure of children to inappropriate material via interactive communication technology e.g., adult pornography and extreme forms of obscene material.

There is some evidence that people found in possession of indecent photographs or film/videos of children may now or in the future be involved directly in child abuse themselves. When someone is considered to have placed or accessed such material on the internet, the police should consider the potential for the individual to be involved in the active abuse of children.

In particular the individual's access to children should be established within their family, their employment and in other settings such as voluntary work with children.

It should be born in mind that any indecent, obscene image of a child has by its nature, involved a person, who in creating that image has been party to abusing that child.

Grooming - Sexual Offences Act 2003

Section 15 of the Sexual Offences Act 2003 makes it an offence for a person aged 18 or over to meet intentionally, or to travel with the intention of meeting a child under 16 in any part of the world, if he has met or communicated with that child on at least two earlier occasions, and intends to commit a "relevant offence" against that child either at the time of the meeting or on a subsequent occasion. An offence is not committed if the adult reasonably believes the child to be 16 or over.

The section is intended to cover situations where an adult establishes contact with a child through for example, communications on the internet and gains the child's trust and confidence so that he can arrange to meet the child for the purpose of committing a "relevant offence" against the child.

The course of conduct prior to the meeting that triggers the offence may have an explicitly sexual content, such as the adult entering into conversations with the child about sexual acts he wants to engage him/her in when they meet, or sending images of adult pornography.  However, the prior meetings or communication need not have an explicitly sexual content and could for example simply be the adult giving swimming lessons or meeting him/her incidentally through a friend.

The offence will be complete either when, following the earlier communications the adult meets the child or travels to meet the child with the intent to commit a relevant offence against the child.  The intended offence does not have to take place.

The evidence of the adults intent to commit an offence may be drawn from the communications between the adult and the child before the meeting or may be drawn from other circumstances, for example if the adult travels to the meeting with ropes, condoms and lubricants.

Subsection (2) (a) provides that adult's previous meetings or communications with the child can have taken place in or across any part of the world.  This would cover emailing the child from abroad, speaking on the telephone abroad, or meeting the child abroad.  The travel to the meeting itself must at least partly take place in England or Wales or Northern Ireland.

Agency policies and procedure re indecent images of a child

All member LSCB organisations should have a clear set of policies and procedures in place, backed up with guidance and training, addressing the issue of employees accessing illegal child pornography. Managers have a clear understanding of what procedure to follow should they be informed that one of their staff members is suspected of accessing such images on a works computer.

It is a criminal act under Section 1 of the Protection of Children Act 1978 for any person to make and distribute indecent images of children. These are arrestable offences.

Immediate action and referral

Upon receipt of information concerning a person suspected of this kind of activity, the agency should notify the police immediately. No downloading or distribution of any images should be completed, either internally or externally within the organisation, as this will leave these individuals responsible open to criminal investigation.

The computer should be left and not used by anyone, allowing this to be seized for forensic examination by the police. The details of all persons having access to the computer should be made available to allow a clear evidence trail to be established.

Procedures for Police Officers

Police Officers involved in a case involving abusive images of children (including making or taking images, or distribution or possession) or a case of grooming/sexual abuse of a child, must without delay:

• Ascertain whether there are children or young people in the family/household of the suspect;
• Ascertain whether the suspect has access to other children or young people, such as through work or voluntary activities.

In the following circumstances, Police Officers are to refer to Police Protecting Vulnerable Persons Unit (PVP) immediately, in order that protection and welfare issues can be addressed for the children or young people involved.

• There is an identified child or young person who has been the subject of abusive images;
• There is an identified child or young person who has been groomed/sexually abused;
• There is a child or young person in the family/household of the suspect;
• There are children or young people, outside the family/household, to whom the suspect has significant access;
• The suspect is a child or young person under the age of 18.

Police Protecting Vulnerable Persons Unit are to follow the inter-agency procedures below.

Where a Child/Young Person is subject of Abusive Images

In all cases, wherever a child or young person is identified as having been the subject of one or more abusive images (whether or not this relates to the Internet):

• The child or young person is to be referred to Children's Social Care;
• The referral is to be classed as requiring a child protection response;
• A Strategy Meeting is to be held;
• Child protection (Section 47) enquiries and core assessment are to be undertaken by Children's Social Care;
• A Police investigation should be considered;
• The child or young person should be offered counselling/therapeutic services. (If counselling/therapeutic services are to proceed, they must adhere to the guidance in ‘Provision of Therapy for Child Witnesses Prior to a Criminal Trial' (Home Office 2001). See Pre-Trial Therapy (Section 9.40, LSCB Procedures).

Where Child/Young Person subject to Grooming/Sexual Abuse

Concerning any particular child, the grooming may come to light at a very early stage or it may have reached the point where the child or young person has met the suspect and been sexually abused.

PVP Police Officers must:

• Refer any child or young person who has been sexually abused, or where there appear to be protection needs, to Social Services;
• Consider the welfare needs of the child or young person and whether a referral is needed to Children's Social Care for support services.

Children's Social Care are to apply child protection procedures where necessary.

Child in the Family/Household of Suspect

Wherever there is a child or young person in the family or household of a person suspected of involvement in abusive images of children or of grooming/sexually abusing a child: 

• The child or young person is to be referred to Children's Social Care;
• The referral is to be classed as requiring a child protection response;
• A Strategy Meeting is to be held;
• Child protection (Section 47) enquiries and core assessment are to be undertaken.

Where computers have been seized and extensive forensic work is to be undertaken, it will not always be possible for the Police to work within normal timescales for investigations.  This may affect the timescales expected of Children's Social Care for undertaking child protection enquiries and assessment, in which case, Children's Social Care should record the reasons for delay.

Other Children to whom the Suspect has Access

Protective action is to be taken wherever a person suspected of involvement in abusive images of children or the grooming/sexual abuse of a child or young person, is found to have significant access to other children, for example through work or voluntary activities.

Planning should take place between a Senior Manager in Children's Social Care and the Detective Chief Inspector/Detective Inspector for Police PVP. Legal advice should be sought, where necessary, in relation to matters of disclosure. 

Suspect Employed by LSCB Agency

Where the suspect is employed by, or a volunteer or foster carer, for an LSCB agency, the procedures to be followed are given in Section 10, LSCB Procedures.

Suspected Abuse by Young Person

Where a young person under the age of 18 is suspected of involvement in perpetrating abuse through abusive images or of grooming/sexual abuse, a referral about this young person is to be made to Children's Social Care.

Thereafter the procedures for "Sexual abuse by Children and Young People" Section 9.49 are to be followed.

Secure Storage of Material

The professionals involved should reach an expedited agreement as to the arrangements for the secure storage and preservation of the material.

In appropriate cases consideration should be given as to the need to seek judicial guidance on the handling of any images or other material to ensure no inadvertent commission of criminal offences.

The Strategy Meeting

Issues to consider include:

• Is the child at immediate risk of significant harm e.g., the child in the image or a child in the household?;
• Are there other children visiting the household?
• Is the child about to meet the person contacting them?
• Is the adult having contact with a child with children in their workplace?
• Is the adult involved in voluntary work, youth work and other activity where they have trust?
• What is the timescale for a forensic investigation of any computer equipment?
• If the person is to be investigated, how should their contact with children be managed in the meantime?
• Should other procedures, such as Section 10, Managing Allegations of Abuse by Staff be triggered?
• Is the parent or any other carer able to protect the child? What support networks do they have?
• What are the implications of the likely delay in criminal investigations?

Where the enquiries have revealed that there are children about whom there are concerns of continuing risk of significant harm, and Initial Child Protection Conference will be convened within 15 working days.

Where there are no children identified as at risk of continuing significant harm in relation to the adult, the police will continue with the investigations to establish the identity of the child/ren in the images.

Refer to Bullying and Cyber bullying, LSCB Procedures, Section 9.7 for E Safety tips.

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