Sexual activity between children under the age of 16 is prohibited by law. Nonetheless research shows that approximately a quarter of young people are sexually active before they reach 16.
This protocol seeks to establish and denote an understanding of how agencies should respond to reported instances of sexual activity involving children. The protocol seeks to establish the appropriate balance between over-criminalising children on the one hand and leaving vulnerable children unprotected on the other hand.
Walsall Safeguarding Children Board has adopted the following criteria, identified by the Sheffield Area Child Protection Committee in 2004, to assist in determining whether the sexual relationship represents a risk to the child concerned
In order to determine whether any of the above criteria are satisfied, where anyone has reason to believe the young person may be at risk, they must first discuss this with the person in their agency who holds lead responsibility for child safeguarding issues. The agency should then seek information from all other agencies who may be involved with, or hold information about, the persons involved in the sexual activity.
It is important to note that seeking information as this stage does not constitute making a referral.
If however the young person is deemed to be at immediate and significant risk of harm, a referral should be made in accordance with the Referral Procedure.
In all cases where sexual activity involves a child under 13, information must be passed on to Children's Social Care Services, who will check whether the child is known to them, consult and share information with other partner agencies, including the police, and decide what joint action may be required.
Referral to Children's Social Care Services will not always be necessary, but will be considered in light of the information gathered from other sources, specifically whether the information thus provided, set against the criteria listed above, suggests the young person is at risk or vulnerable.
Sexual activity over the age of 16 is not a criminal offence, but young people in this age group may nonetheless be vulnerable to sexual exploitation and in need of protection through safeguarding procedures. Young people between 16 and 18 are deemed to be unable to consent if the sexual relationship is with an adult in a position of trust or a family member. In those instances information should be passed on to Children's Social Care Services who will take appropriate action in conjunction with other agencies involved with the young person. The Protocol for Joint Working with Young People At Risk of Sexual Exploitation details the processes to follow where prostitution or other forms of sexual exploitation are involved or suspected.
Agencies have a duty to explain to the young persons concerned that information will be passed onto other agencies if it becomes necessary to do so in order to offer protection to themselves or others. Any decision to pass information onto parents will be governed by considerations of the young person's age, maturity and ability to appreciate the implications of their actions, plus recognition of the parent's role in exercising responsibility for the conduct and moral guidance of their children.
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