| 1.1 | Work with children who abuse others should recognise that such children are likely to have considerable needs themselves, and also that they may pose a significant risk of harm to other children or adults. |
| 1.2 | Research evidence suggests that children who abuse others may have suffered considerable disruption in their lives, been exposed to violence within the family, may have witnessed or been subject to physical or sexual abuse, have problems in their educational development and may have committed other offences. |
| 1.3 | Such children are likely to be within the definition of a Child in Need, and some will in addition be suffering or at risk of Significant Harm and may themselves be in need of safeguarding. |
| 2.1 |
Three key principles should underpin all work with children who abuse others:
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| 3.1 | The definition of Sexual Abuse by children is the same as for sexual abuse by adults. Abusive/inappropriate behaviour is often characterised by a lack of true consent, the presence of a power imbalance and exploitation. |
| 3.2 | The boundary between what is abusive and what is part of normal childhood or youthful experimentation can be blurred. The ability of professionals to determine whether a child’s sexual behaviour is developmental, inappropriate or abusive will hinge around the related concepts of true consent, power imbalance and exploitation. |
| 3.3 | Abusive sexual activity is characterised by behaviour involving coercion, threats, aggression together with secrecy or where one participant relies on an unequal power base. This may include children who exhibit a range of sexually problematic behaviour such as indecent exposure, obscene telephone calls, fetishism, bestiality and sexual abuse against adults or children and downloading child pornography from the internet. |
| 3.4 | Developmental sexual activity encompasses those actions which are to be expected from children as they move from infancy through to adulthood, developing an understanding of their physical, emotional and behavioural relationships with each other. Such sexual activity is essentially information gathering and experimentation characterised by mutuality and consent. |
| 3.5 | Sexual behaviour can be inappropriate socially, inappropriate to development or both. It is important to consider what negative effects the behaviour has on any of the parties involved and what concerns it raises about a child. It should be recognised that the behaviour may be motivated by information seeking but may cause significant upset, confusion physical damage etc. It may also be that the behaviour is acting out which may derive from other sexual situations which the child has been exposed to. |
| 4.1 | Anyone who has a concern that a child might have been abused by another child should refer their concerns to Children’s Social Care Services in accordance with the Referrals Procedure. Allegations of peer abuse will be taken as seriously as allegations of abuse perpetrated by an adult. The Children’s Social Care Services team will discuss the concerns with the referrer and, based on an Initial Assessment, decide whether it is necessary to hold a Strategy Discussion/Meeting and pursue a Core Assessment and Section 47 Enquiry. |
| 4.2 | If uncertainty exists about the need for a referral, consultation with the Review and Child Protection Unit is recommended. |
| 4.3 | Separate enquiries and investigations will be pursued in respect of the victim and the alleged abuser. |
| 4.4 | A social worker from Children’s Social Care Services will carry out an Initial Assessment under the Assessment Framework. Where relevant, this will be in conjunction with the Youth Offending Service (YOS). |
| 4.5 | It is best practice to provide a different social worker to the victim and to the alleged perpetrator child even if they live in the same household, to ensure that both are supported through the process of the enquiry and that both their needs are fully assessed. |
| 4.6 | It should be recognised that disclosure of sexually inappropriate behaviour by a child can be extremely distressing for parents and carers. The child and their family should always be advised of their right to seek legal advice and be supported through the process. |
| 4.7 | The Police will always consult with Children’s Social Care Services regarding cases that come to their notice in order to ensure that there is an assessment of the victims needs and that in all cases, there is an assessment of the alleged perpetrator child’s needs. Each child should be referred to the Children’s Social Care Services Team responsible for their home address. |
| 4.8 | Children with sexually abusive behaviour who are returning to the community following a custodial sentence or time in secure accommodation also require consideration through this procedure. |
| 5.1 | In all cases where the suspected or alleged perpetrator is a child, Children’s Social Care Services and the Police must convene a Strategy Discussion/Meeting (usually a meeting) within the timescales set out in respect of all cases. |
| 5.2 | If the children involved are the responsibility of different local authorities, each must be represented at the Strategy Discussion/Meeting which will usually be convened and chaired by the local authority for the area in which the victim lives. |
| 5.3 | The Strategy Discussion/Meeting will need to consider the respective needs of both the victim child and the alleged perpetrator child. |
| 5.4 | Care must be taken to ensure that the appropriate professionals attend. Where the alleged perpetrator child is over the age of 10 years, a representative from the Youth Offending Service must attend. |
| 5.5 |
The Strategy Discussion must plan in detail the respective roles of those involved in the enquiries and ensure that the following objectives are met:
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| 5.6 | Section 47 Enquiries will only be pursued in respect of the alleged perpetrator child when s/he is personally suffering or at risk of Significant Harm (see Section 6, Section 47 Enquiries and Core Assessment in relation to the Alleged Perpetrator Child). |
| 5.7 | Where there is suspicion that the child who is the alleged perpetrator is also a victim of abuse, the Strategy Discussion must decide the order in which interviews with the child will take place. |
| 5.8 | When a child is aged 10 or over and is alleged to have committed an offence, the first interview must be undertaken by the Police under the provisions of the Police and Criminal Evidence Act 1984. |
| 5.9 | If a child is to be interviewed as a victim of or witness to alleged abuse under the provisions of the Achieving Best Evidence Guidance and the child admits offences, these incidents should normally be the subject of a separate interview. |
| 5.10 | In complex situations where there are a number of victims and possible alleged perpetrator, the Strategy Discussion/Meeting should appoint a Strategic Management Group to co-ordinate the overall investigation - see Complex (Organised or Multiple) Abuse Procedure. |
| 6.1 | If it appears that the alleged perpetrator child is suffering or at risk of Significant Harm, the Section 47 Enquiry and Core Assessment process will be followed. Otherwise, a Core Assessment will proceed in accordance with the Assessment Framework alone and will include an Assessment Planning Meeting to be held within 15 days of the referral. |
| 6.2 |
In assessing a child who abuses another, relevant considerations include:
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If there is a balance of probability that nothing abusive or inappropriate took place, then no further action may be required. However in cases of alleged sexual abuse, it is important to keep this separate from the issue of denial. Strength of denial by the child and/or the family should have no bearing on any decision about no further action.
If it has been established that there is a continuing risk of Significant Harm to the alleged perpetrator child, an Initial Child Protection Conference should be held. If the child becomes the subject of a Child Protection Plan, the coordination of services will continue through the Core Group, which should address the child’s inappropriate behaviour as well as the concerns, which resulted in their need for a Child Protection Plan.
A representative from the Youth Offending Service and the NSPCC Black Country Project should be invited to the Initial Child Protection Conference.
The alleged perpetrator child will not be considered as requiring a Child Protection Plan where the agencies involved judge that the child is not at continuing risk of Significant Harm because the child, parent and carer are willing and able to co-operate with professionals to ensure the child’s future safety and well being, and the risks that the child may pose are not denied by the child and family. In these circumstances an inter agency planning meeting should be held to co-ordinate the overall plan for the child including
This should take place as early as possible and should involve the Children’s Social Care Services team manager as chair, the social worker, the referring agency, school (including siblings schools), health agencies as appropriate, a representative from the NSPCC Black Country Project, the social worker coordinating work with the victim, parent/carers and the child (subject to age and level of understanding).
The decision to end the involvement of any specialist services should be made on a multi-agency basis. Factors to consider in reaching this decision include:
Where the alleged perpetrator child is not at risk of Significant Harm but is assessed as a Child In Need who needs support and services and may pose a risk to other children, an inter agency meeting must be arranged to complete the Core Assessment and any other risk assessments to fully address the child’s behaviours. This may follow the format set out above for the Assessment Planning Meeting and must involve the Police, Youth Offending Service and a representative from the NSPCC Black Country Project.
| 8.1 | When the child is over 10 years, the Police will consult other agencies including the Crown Prosecution Service to decide the most appropriate course of action within the criminal justice system. |
| 8.2 | In cases where criminal proceedings are taken against an alleged perpetrator child, the Youth Offending Service (YOS) should be added to the list of possible attendees at any meetings. Both the compilation of the YOS “ASSET” Profile and the preparation of a Core Assessment will be facilitated through this. |
| 8.3 | When a case is going through the Youth Court or the Crown Court, the YOS will provide information for the Initial Assessment and Core Assessment processes. This may include plea, bail conditions and variations between adjournments. |
| 9.1 | Where the assessment of the child or children who have been abused concludes that they may still be at risk of Significant Harm, an Initial Child Protection Conference must be convened to assess the risks and safeguard them through a Child Protection Plan if needed. |
| 9.1 | They may require services to support them through interviews in line with the Achieving Best Evidence Guidance and through any court actions that may follow. The assessments undertaken may determine that there is a need for support services under Walsall’s Child Concern Model, such as counselling services, whether the child is in need of safeguarding or a Child in Need. The child’s social worker should keep up to date by communicating with the social worker for the alleged perpetrator child to ensure that the child victim is safeguarded. |
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