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4.3 Children who Abuse Others

SCOPE OF THIS CHAPTER

Work with children and young people who abuse others – including those who sexually abuse/offend – 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. 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. Such children and young people are likely to be children in need, and some will in addition be suffering or at risk of significant harm, and may themselves be in need of protection.

Children and young people who abuse others should be held responsible for their abusive behaviour, whilst being identified and responded to in a way which meets their needs as well as protecting others.

Paragraph 11.33, Working Together, 2006


Contents

  1. Key Principles
  2. Definitions
  3. Referral and Initial Assessment
  4. Strategy Discussions
  5. Section 47 Enquiries and Core Assessment in Relation to Alleged Abusing Child
  6. Decisions About the Alleged Abusing Child
  7. Criminal Proceedings

    Flowchart - Illustrating Section 47 and Family Support Pathways


1. Key Principles

1.1

Three key principles should underpin all work with children who abuse others:

  • There should be a coordinated approach between agencies;
  • The needs of such children should be considered separately from the needs of their victims;
  • An holistic assessment should be carried out, appreciating that these children may have considerable unmet developmental needs as well as specific needs arising from their behaviour;


2. Definitions


2.1 Sexual Abuse
2.1.1 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.
2.1.2 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. 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.
2.1.3 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.
2.1.4 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 experimentation, but may cause significant upset, confusion, physical injury etc. It may also be that the child is acting out behaviour which may derive from other sexual situations which the child has been exposed to.
2.1.5 Abusive sexual activity is characterised by behaviour involving coercion, threats, aggression together with secrecy or where one participant relies on an unequal powerbase.


2.2 Physical Abuse
2.2.1 In deciding whether an incident of physical assault should be dealt with as a child protection matter relevant considerations include the seriousness of the harm, the intention behind the assault and the difference in power between the victim and perpetrator (e.g. size, age, ability, development etc.) Fighting between peers of equal standing would not therefore normally be subject to referral.
2.2.2 Bullying may be defined as deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for those bullied to defend themselves. It can take many forms but the main types are physical, verbal and emotional. The harm caused can frequently be underestimated. It can cause distress to the extent that it affects the victim’s health and development and in extreme cases causes them significant harm (including self-harm). In extreme cases there may be times when the threshold for a Section 47 Enquiry is reached. To help prevent such situations arising, all settings in which children are provided with services or are living away from home must therefore have in place rigorous anti-bullying policies. See Bullying Guidance.


3. Referral and Initial Assessment

3.1 Anyone who has a concern that a child might be displaying inappropriate sexualised behaviour should refer their concerns to Children’s Social Work Services in accordance with the Referrals Procedure.
3.2 Children’s Social Work Services will discuss the concerns with the referrer and, based on an Initial Assessment, decide whether it is necessary to hold a Strategy Discussion.
3.3 If uncertainty exists about the need for a referral, consultation with Children’s Social Work Services and/or the Child Protection and Review Unit is recommended.
3.4

Separate enquiries and investigations will be pursued in respect of the victim and the alleged abuser.

Enquiries and assessment in respect of the victim will proceed as set out in Section 6 of these procedures and allegations of peer abuse will be taken as seriously as allegations of abuse perpetrated by an adult. 

A Section 47 Enquiry will only be pursued in respect of the perpetrator child/young person when s/he is personally suffering or at risk of Significant Harm.

A social worker from Children’s Social Work Services will carry out an Initial Assessment under the Assessment Framework in respect of the child displaying inappropriate sexualised behaviour. Where relevant, this will be in conjunction with the Youth Offending Team (YOT) and those co-ordinating assessments should seek consultation as necessary from the Sexually Inappropriate Behaviours (SIBs) Virtual Team via YOT or Children’s Social Work Services. (See Contact Details Appendix for addresses and telephone numbers.)

Please also see the Flowchart at the end of the chapter showing the different pathways that might be followed.
3.5 A different social worker will be allocated to the victim and to the child with the alleged abusive behaviour even if they live in the same household, to ensure that both their needs are fully assessed.
3.6 The Police will always consult with Children’s Social Work Services regarding cases that come to their notice in order to ensure that there is an assessment of the victim’s needs and that in all cases, there is an assessment of the perpetrator child’s needs. 


4. Strategy Discussions

4.1 In complex situations where there are a number of victims and, possible perpetrators, a Strategy Meeting will be held to co-ordinate the overall investigation. This will normally, be chaired by a member of the Child Protection and Review Unit. See also Complex (Organised and Multiple) Abuse Procedure.
4.2 If the children involved are the responsibility of different local authorities, each must be involved at the Strategy Meeting which will usually be convened and chaired by the local authority for the area in which the victim lives.
4.3 In complex situations where there are a number of victims and possible perpetrators, the Strategy Meeting should appoint a Strategic Management Group to co-ordinate the overall investigation. (See Complex (Organised and Multiple) Abuse Procedure.)


5. Section 47 Enquiries and Core Assessment in Relation to the Alleged Abusing Child

5.1 The remainder of this procedure concerns the process to be followed in respect of the alleged perpetrator child/young person. Please also refer to the Flowchart showing the different pathways that might be followed.
5.2 If it appears that the child displaying inappropriate sexualised behaviour 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.
5.3 In cases of sexual abuse, the social worker/YOT worker will consult a worker trained in the GMAP Model in the SIBS Virtual Team who are committed to attending Assessment Planning Meetings and contributing to Core Assessments whenever possible and appropriate. (See Contact Details Appendix for addresses and telephone numbers.)
5.4

In assessing a child who abuses another, relevant considerations include:

  • The nature and extent of the abusive behaviours. In respect of sexual abuse there are sometimes perceived difficulties in distinguishing between normal childhood sexual development and experimentation and sexually inappropriate or aggressive behaviour. Expert professional judgement maybe required, within in the context of knowledge about normal child sexuality.
  • The context of the abusive behaviours
  • The child’s development, and family and social circumstances
  • The child’s needs for services, specifically focusing on the child’s harmful behaviour as well as other significant needs; and
  • The risks the child poses to him/herself and others, including other children in the household, extended family, school, peer group or wider social network.
  • Where there are grounds to suspect that the child has been abused.


6. Decisions About the Alleged Abusing Child

Please also see the Flowchart at the end of the chapter showing the different pathways that might be followed.


6.1 No Further Action
6.1.1 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.


6.2 Child in Need and Possible Significant Harm Present
6.2.1 If there is a continuing risk of significant harm, an Initial Child Protection Conference should be held. If the child is the subject of a Child Protection Plan, the co-ordination 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. 
6.2.2 In cases of sexual abuse a worker trained in the GMAP model should be consulted as set out in Section 5.3.


6.3 Child in Need but no Significant Harm
6.3.1

Where the child is “in need” but is not suffering or at risk of Significant Harm, the team carrying out the assessment should hold a meeting to co-ordinate the overall plan for the child including

  • Developing a written risk management plan; including educational and accommodation arrangements
  • Planning any future assessment; and
  • Coordinating services to be provided. 
6.3.2 The Lead Professional and review process should be identified at this meeting
6.3.3 This should take place as early as possible and should involve the referring agency, school (including sibling’s schools), health agencies as appropriate, the social worker co-ordinating work with the victim, parent/carers and the child (subject to age and level of understanding).
6.3.4

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:

  • The level of risk to self and others
  • If the intended outcomes of the intervention have been achieved
  • The capacity of the parents or care givers to respond appropriately to the child’s needs
  • The need for provision of ongoing support to the child/family.


7. Criminal Proceedings

7.1 When the child is 10 years or over, the police will consult other agencies before seeking a decision from the Crown Prosecution Service to decide the most appropriate course of action within the criminal justice system.
7.2 In cases where criminal proceedings are taken against an alleged abusing child, the YOT should be added to the list of possible attendees at any meetings. Both the compilation of the YOT “ASSET” Profile and the preparation of a Core Assessment will be facilitated through this.
7.3

When a case is going through the Youth Court or the Crown Court, the YOT will contribute to the Initial Assessment and Core Assessment processes. This may include plea, bail conditions and variations between adjournments.


Flowchart - Illustrating Section 47 and Family Support Pathways

Click here to view flowchart.

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