View Working Together View Working Together

4.2 Safeguarding Children and Young People from Sexual Exploitation

SCOPE OF THIS CHAPTER

This chapter sets out the procedure to be followed to ensure the safety and well-being of children and young people who it is suspected have been/ are at risk of being sexually exploited.

Further information can be found in the government guidance 'Safeguarding Children and Young People from Sexual Exploitation' which was issued in June 2009. The government guidance requires agencies to work together to:

  • Develop local prevention strategies;
  • Identify those at risk of sexual exploitation;
  • Take action to safeguard and promote the welfare of particular children and young people who may be sexually exploited; and
  • Take action against those intent on abusing and exploiting children and young people in this way.

OTHER RELEVANT CHAPTERS

AMENDMENT

This procedure has been re-written and was launched in October 2011. It should be read in its entirety.


Contents

  1. Introduction
  2. Definition
  3. The Nature of Sexual Exploitation
  4. Key Principles
  5. Where Children and Young People Might be Targeted
  6. The Legal Age of Consent
  7. Trafficking
  8. Identification of Child Sexual Exploitation
  9. Risk Assessment Framework
  10. Initial Professional Response
  11. Information Sharing
  12. Category 1
  13. Categories 2 and 3: Multi-agency Sexual Exploitation (MASE) Meetings and Safeguarding and Support Plans
  14. Multi-Agency Sexual Exploitation (MASE) Meetings
  15. Child Protection Conferences
  16. Role of Local Authority Children's Social Care
  17. Children in Care
  18. Role of the Police
  19. Role of Youth, Leisure and Community Services
  20. Role of Education
  21. Role of Health
  22. Role of Youth, Leisure, Voluntary and Community Groups
  23. Responding to Perpetrators

    Appendix 1: Risk Assessment Framework for Children Abused through Sexual Exploitation

    Appendix 2: Risk Assessment Framework Diagrams

    Appendix 3: Multi-agency Sexual Exploitation Meeting Initial Agenda

    Appendix 4: Multi-agency Sexual Exploitation Meeting Review Agenda

    Appendix 5: Information Sharing Tool

    Appendix 6: Identifying Offences Committed

    Appendix 7: Civil Orders

    Appendix 8: Child Abduction Orders Standard Letter


1. Introduction

1.1 The sexual exploitation of children and young people has been identified throughout the UK, in both rural and urban areas, and in all parts of the world.  It affects boys and young men as well as girls and young women.  Increasingly victims are identified under 16 years of age, across all cultures.  Many children and young people are exploited in the community, although the behaviours associated with exploitation may bring them into care and a significant number of children/young people are targeted whilst being looked after by Local Authority children's social care.
1.2

The sexual exploitation of children/young people is a form of child sexual abuse which includes some combination of:

  • Pull factors: children/young people exchanging sex for attention, accommodation, food, gifts or drugs;
  • Push factors: children/young people escaping from situations where their needs are neglected and there is exposure to unsafe individuals;
  • Control, brain washing, violence and threats of violence by those exploiting the children/young people.
1.3 Sexually exploited children/young people also suffer Physical Abuse and Emotional Abuse and, often, Neglect. See also Definition and Impact of Abuse Procedure.
1.4 Boys and girls may be drawn into sexual exploitation by peers who are already involved. Girls in particular are frequently coerced into sexual exploitation by an older man, posing as and viewed by them as their boyfriend. The girl is physically and emotionally dependent upon him, which may be reinforced by the use of alcohol and drugs. Over time, access to friends and family becomes curtailed and the child becomes alienated from the agencies which may be able to identify and interrupt the abuse.
1.5 Sexually exploited children/ young people are rarely visible on the streets, and grooming children for abuse in the community and via the internet has contributed to the invisibility of the sexual exploitation of children and young people (see also Child Abuse and Technology Procedure).
1.6 Action to safeguard and promote the welfare of children and young people who are sexually exploited should be child-centred and focus on the child's needs. Those working with children and young people should engage with them and their families throughout the process. The particular needs and sensitivities of girls and boys, children with a physical disability or learning disabilities, those from ethnic minority communities, or those for who English is not their preferred language, should be reflected in the provision of services. The wishes and feelings of children and young people as well as the concerns of parents or carers should be sought and taken into account in reaching any decisions about the provision of services which affect them. Professionals should be aware that children and young people do not always acknowledge what may be an exploitative and abusive situation.
1.7 Action to tackle sexual exploitation should be proactive, focusing on prevention, early identification and intervention, as well as on disrupting activity and prosecuting perpetrators. It is important for cases to be managed so that interventions to safeguard children and young people also support the gathering of evidence to increase the chance of successful criminal prosecutions of their perpetrators, thereby safeguarding potential future victims.
1.8 Child sexual exploitation sometimes includes the "movement" of children/young people between houses/premises, hotels, locations, towns or cities. When concerns for such movement arise, there should be consideration of "Internal/Domestic Trafficking".  See also Safeguarding Children and Young People who may have been Trafficked Procedure.


2. Definition

2.1

Solihull LSCB has adopted the following definition of sexual exploitation taken from statutory guidance:

"Sexual exploitation of children and young people under 18 involves exploitative situations, contexts and relationships where young people (or a third person or persons) receive 'something' (e.g. food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of them performing, and/or another or others performing on them, sexual activities. Child sexual exploitation can occur through the use of technology without the child's immediate recognition; for example being persuaded to post sexual images on the Internet/mobile phones without immediate payment or gain. In all cases, those exploiting the child/young person have power over them by virtue of their age, gender, intellect, physical strength and/or economic or other resources. Violence, coercion and intimidation are common, involvement in exploitative relationships being characterised in the main by the child or young person's limited availability of choice resulting from their social/economic and/or emotional vulnerability."
2.2

Sexual exploitation is child abuse which can take a number of forms*:

  • Situations where children and young people are exploited by family members;
  • The involvement of children and young people in sexually exploitative relationships with older men or peers;
  • The informal exchange of sex for favours, money, drugs, accommodation or other commodities;
  • More 'formal' forms of sexual exploitation;
  • Organised abuse; and
  • Trafficking.

*Meeting the needs of sexually exploited young people in London, Harper and Scott, 2005
2.3

Barnardos** have identified the following models of child sexual exploitation:

Abuse Model 1

Inappropriate relationships:

Usually involves just one abuser who has inappropriate power - physical, emotional or financial - or control over a young person.  The young person may believe they have a genuine friendship or loving relationship with their abuser.

Abuse Model 2

Boyfriend:

Abuser grooms victim by striking up a normal relationship with them, giving them gifts and meeting in cafes/ fast food outlets or shopping centres.  A seemingly consensual sexual relationships develops but later turns abusive.  Victims are required to attend parties and sleep with multiple men and threatened with violence if they try to seek help.  They may also be required to introduce their friends as new victims.

Abuse Model 3

Organised exploitation and trafficking:

Victims are trafficked through criminal networks - often between towns and cities - and forced or coerced into sex with multiple men.  They may also be used to recruit new victims.  This serious organised activity can involve the buying and selling of young people.

**Puppet on a String: The urgent need to cut children free from sexual exploitation, Barnardos 2011

2.4 Many children and young people are groomed into sexually exploitative relationships but other forms of entry exist. Some young people are engaged in informal economies that incorporate the exchange of sex for rewards such as drugs, alcohol, money or gifts. Others exchange sex for accommodation or money as a result of homelessness and experiences of poverty. Some young people have been bullied and threatened into sexual activities by peers or gangs; this is then used against them as a form of extortion and to keep them compliant.


3. The Nature of Sexual Exploitation

3.1 Sexual exploitation can take many forms from seemingly "consensual" relationship where sex is exchanged for attention, affection, accommodation or gifts, to serious organised crime and child trafficking. What marks out exploitation is an imbalance of power within the relationship. The perpetrator always holds some kind of power over the victim, increasing the dependence of the victim as the exploitative relationship develops.
3.2 Sexual exploitation involves varying degrees of coercion, intimidation or enticement, including unwanted pressure from their peers to have sex, sexual bullying (including cyber bullying), and grooming for sexual activity. Technology can also play a part in sexual abuse, for example, through its use to record abuse and share it with other like-minded individuals or as a medium to access children and young people in order to groom them.


4. Key Principles

4.1

The principles underpinning Solihull Local Safeguarding Children Board's multi-agency response to the sexual exploitation of children and young people are:

  • Sexual exploitation includes sexual, physical and emotional abuse, and, in some cases, neglect;
  • Children and young people do not make informed choices to enter or remain in sexual exploitation, but do so due to coercion, enticement, manipulation or desperation;
  • Young people under 16 cannot legally consent to sexual activity: sexual activity with children under the age of 13 is statutory rape;
  • Sexually exploited children and young people should be treated as victims of abuse, not as offenders;
  • Many sexually exploited young people have difficulty distinguishing between their own choices about sex and sexuality, and the sexual activities they are coerced into. This potential confusion should be handled with care and sensitivity by professionals;
  • The primary law enforcement effort must be made against the coercers and adults who sexually exploit young people. In some cases young people themselves may exploit other young people, and in these cases law enforcement action may also be necessary.


5. Where Children and Young People Might be Targeted

5.1 The perpetrators of sexual exploitation are often well organised and use sophisticated tactics. They are known to target areas where children and young people might gather without much adult supervision, such as shopping centres, cafes, takeaways, sports centres, cinemas, bus or train stations, local parks, playgrounds and taxi ranks, or sites on the Internet used by children and young people. Schools, children's homes and foster homes may also be targeted by perpetrators. The process of grooming may also be visible in adult venues such as pubs and clubs. In some cases, perpetrators are known to use younger men, women, boys or girls to build initial relationships and introduce them to others in the perpetrator networks.
5.2 However, young people can also be sexually exploited by informal and unorganised groups of people. Children and young people, who are themselves the victims of exploitation, may introduce other young people to their abusers. This may not be a deliberate attempt to groom others into sexual exploitation, but rather a way of ensuring that their abuser's attention is deflected away from themselves.


6. The Legal Age of Consent

6.1 The fact that a young person is 16 or 17 years old and has reached the legal age of being able to consent to sex should not be taken as a sign that they are no longer at risk of sexual exploitation. These young people are still defined as children under the Children Act 1989 and 2004 respectively. They can still suffer Significant Harm as a result of sexual exploitation and their right to support and protection from harm should not be ignored or de-prioritised by services because they are over the age of 16, or are no longer in mainstream education or training.
6.2 Young people under 18, especially girls, can be located in brothels and massage parlours and they may hold fake identification. Where a young person is found in this situation, steps should be taken to establish the validity of their ID and assess their age, and services should always consider what action is necessary in accordance with these procedures.
6.3 Guidance on identifying and responding to case of harm arising from under age sexual activity can be found in the Multi Agency Protocol for Identifying and Responding to Cases of Harm arising from Under Age Sexual Activity.


7. Trafficking

7.1 There are two different types of trafficking of children and young people for the purposes of sexual exploitation. Firstly, there is trafficking from abroad into the United Kingdom (see Safeguarding Children and Young People who may have been Trafficked Procedure for further information). The second category is internal trafficking, where children and young people are moved from one place to another in the UK for the purposes of sexual exploitation. This may be from one street to a neighbouring street, from one area of a town or city to another area, or across county borders. It is not the distance that is relevant in the definition of internal trafficking, but the movement of a child or young person for the purpose of sexual exploitation.
7.2 Some victims who have been trafficked from abroad may be particularly vulnerable, and there are often barriers to them seeking help and reporting a crime. There is therefore an onus on front-line agencies to identify potential victims and help them access services. Further guidance can be found in the section: Safeguarding Children and Young People who may have been Trafficked Procedure. Front line professionals should refer individuals who they think may have been trafficked to designated 'Competent Authorities' who will work with partners to make an assessment. These are based within the United Kingdom Human Trafficking Centre (UKHTC) and the United Kingdom Border Agency (UKBA).


8. Identification of Child Sexual Exploitation

8.1 The earlier that sexual exploitation, or a risk of sexual exploitation, can be identified, the more likely it is that harm to a child or young person can be minimised or prevented. Practitioners, therefore, should be aware of the indicators of sexual exploitation as detailed below at paragraph 8.5. It should not be read as a definitive list and the indicators should not be taken, in themselves, as proof of involvement or predictive of future involvement.  Practitioners should also be mindful that the tactics of those who target and sexually exploit children and young people are becoming more sophisticated all the time and so workers should be mindful that the indicators below are based on current knowledge about perpetrator behaviour.  They are intended as a guide, which could be included in a wider assessment of the child or young person's needs and circumstances. In effective practice, the facts for each child or young person should be considered separately.
8.2 Children and young people who are at risk of sexual exploitation or who are being sexually exploited may display highly complex and challenging behaviours.  They may appear abusive and anti-social and may become involved in exploitative activities towards others. These behaviours may mean that professionals can experience difficulty in recognising their vulnerability and responding to it. However, it is also important to recognise that some children/young people who are being sexually exploited do not exhibit any external signs of this abuse.
8.3 An unsubstantiated allegation that a child or young person has established associations, or who may be on the periphery of sexual exploitation should be considered carefully. None of the following indicators, whether singly or in combination, should be viewed as conclusive proof of involvement in sexual exploitation, but a combination of them may be taken as suggestive of the possibility.
8.4 Careful consideration should be given to whether sexual relationships which are presented as consensual by children or young people actually are, or whether exploitation is taking place. Professionals should be alert to the ways in which perpetrators can operate, especially where there is a large age-gap between the individuals involved. Please refer to Multi Agency Protocol for Identifying and Responding to Cases of Harm arising from Under Age Sexual Activity.
8.5

Sexually exploited children and young people commonly have low self-esteem and have experiences which include the following broader indicators of sexual exploitation:

  • Going missing frequently and / or from a young age;
  • Leaving home late at night/ in the middle of the night;
  • Truancy/change in school attendance;
  • Bullying in or out of school;
  • Previous and sometimes current sexual abuse, neglect and physical abuse;
  • Domestic violence within the family;
  • Family involvement in sexual exploitation, drugs or alcohol;
  • Drug and alcohol use themselves;
  • Emotional symptoms, including eating disorders, mood swings and self harm (sometimes very extreme, e.g. genital cutting);
  • Involvement in theft, shoplifting, deception etc. often organised by the person exploiting them;
  • A preoccupation with their mobile phone which could indicate  the child is being controlled (e.g. possession of multiple phones, unexplained credit, extreme distress when one is lost or not working);
  • Leaving home in response to communication received via mobile phone;
  • Having limited freedom of movement;
  • Frequenting places of concern;
  • Returning after having been missing looking well cared for;
  • Showing signs of sexual activity / abuse, including STI's, terminations and pregnancy scares;
  • Possession of money and goods (clothes, jewellery, SIM cards, mobile phone etc.) not accounted for;
  • Having an older "boyfriend" - in some cases the "boyfriend" drives them about.
  • Changes in friendship groups - is anyone being talked about in particular - have they stopped associating with old friends?
  • Secrecy - Is information being hidden?
  • In possession of hotel 'items' such as soaps, shampoos;
  • Change in appearance e.g. leaving home in clothing unusual for child;
  • Little or no acknowledgment of the risks associated with camera phones and what can happen to images.
8.6 Children and young people who are the victims of commercial sexual exploitation may come to the attention of the Police during the course of duties such as investigating drug offences or executing search warrants. They should take immediate steps to safeguard the child/young person and initiate referral in accordance with the Referrals Procedure. Consideration will need to be given to the range of offences that offenders can be charged with.
8.7 Teachers, Health Professionals, Youth Services and Outreach workers are able to identify children and young people at risk of exploitation by being alert to the risk factors identified in paragraph 8.5 above.  A young person's involvement in child sexual exploitation may also come to the attention of specialist services, drug agencies, the Youth Offending Service, school counsellors, school nurses, Housing Teams, Genito Urinary Medicine clinicians, GP's.
8.8 Staff working in residential units and foster carers should be aware that Looked After Children can be particularly vulnerable to being targeted/groomed and the location of the placement may well be known and specifically targeted by perpetrators.  Furthermore, the informal networks established by children and young people who are Looked After, particularly in residential units, can mean that information about vulnerable Looked After young people is more readily available to those who groom children and young people.
8.9

Boys and young men

Sexual exploitation is not just an issue for girls and young women, but also a reality for some boys and young men.
8.10 However, it can be more difficult to detect when boys and young men are at risk of sexual exploitation or are being sexually exploited, as they are generally harder to work with and less willing to disclose this type of information. They may also find it harder to disclose that they are being abused by other men because of issues about sexual identity.  It is important that professionals who are assessing young men do not become distracted when exploring their sexual identity and fail to notice that they may be being, or are at risk of being sexually exploited.
8.11 The indicators at paragraph 8.5 also apply to boys and young men; however some further indicators may also be relevant.  Further guidance  on the issues including specific indicators, for boys and young men can be found at paragraph 5.12 of Dcsf guidance 'Safeguarding Children and Young People from Sexual Exploitation'.


9. Risk Assessment Framework

(Pearce, J.J. with Williams, M and Galvin, C (2002) It’s someone Taking a Part of You, London: National Children’s Bureau.)

9.1 Professionals in all agencies should be alert to the possibility that a child/young person for whom they have concerns may be at risk of being sexually exploited. They should discuss their concerns with their agency's designated safeguarding adviser and they should use the list of possible indicators above as a guide to inform their assessment about the risk of harm to the child/young person.
9.2

The risk assessment framework groups indicators of risk of harm into 3 categories:

  • Category 1 (at risk): a vulnerable child who is at risk of being targeted and groomed for sexual exploitation;
  • Category 2 (medium risk): a child who is targeted for opportunistic abuse through the exchange of sex for attention, accommodation, food, gifts and drugs. The likelihood of coercion and control is significant;
  • Category 3 (high risk): a child whose sexual exploitation is habitual, often self defined and where coercion / control is implicit.

Appendix 1: Risk Assessment Framework for Children Abused through Sexual Exploitation and Appendix 2: Risk Assessment Framework Diagrams set out the risk assessment framework and should be used to inform an assessment about the risk of harm to the child/young person.
9.3

These categories also include situations where:

9.4 The framework at Appendices 1 and 2 needs to be used flexibly to take account of each child's individuality, the uniqueness of his / her circumstances and the changes that may occur for him / her over time.


10. Initial Professional Response

10.1 Professionals in all agencies should be alert to the possibility that a child they are in contact with may be being sexually exploited. The professional may already have concerns about the child e.g. that s/he is missing school, frequently missing from home, misusing substances, is depressed or self-harming etc.
10.2 The professional should discuss their concerns with their agency's designated safeguarding adviser and, together, they should use the risk assessment framework to make an initial assessment of risk of harm to the child.
10.3 In cases where a child is considered to be at risk of harm (Category 1), a plan for focused early intervention and diversion should be made to safeguard the child. Agencies should consider, in discussion with the Lead Professional for Sexually Exploited Children, the extent to which the agency is able to meet the child's needs themselves as a single agency, and how to proceed if not (see Section 14, Multi-Agency Sexual Exploitation (MASE) Meetings).
10.4 In cases where the risk is considered to be medium or high (Categories 2 and 3), the professional and/or their designated safeguarding adviser should make a referral to Children's Social Work Services in accordance with the Referrals Procedure.


11. Information Sharing

11.1 Interventions to interrupt abuse through sexual exploitation and support children to recover a healthy lifestyle are more likely to be successful if a child/young person who is at risk can be identified and information about concerns shared within a multi-agency support network, as early as possible.
11.2 Professionals are often in a position of having to develop the child's trust, or having built it up are concerned about breaking that trust through the sharing of confidential information with other agencies. These issues should be discussed with the agency's designated safeguarding children adviser, and efforts made to share information as soon as possible. See Information Sharing and Confidentiality Protocol.
11.3 A professional or agency view that a child is at risk of harm (Category 1) may be inaccurate. Sharing information about the child with other agencies may reveal the child to be at medium or high risk - and in need of immediate protection.
11.4 All professionals should maintain clear contemporaneous records of contact with the child, their concerns, all information shared and discussed (and with whom), decisions made and actions taken.


12. Category 1

12.1 Category 1: a professional, together with their agency's designated safeguarding adviser, should consider whether the agency can provide focused early intervention and diversion to meet the child's needs as a single agency, and how to proceed if not.
12.2 If a single agency cannot meet the child's needs, they should call a meeting or discussion of the network of agencies currently in contact with the child/young person (network meeting/ discussion).  In cases where there are ongoing indications that a child is at risk of being groomed for abuse through sexual exploitation, professionals in any of the agencies may, after consultation with their agency's designated safeguarding adviser, call a meeting. The aim of the meeting / discussion should be to develop a diversion plan to enable the child/young person to protect themselves, to recognise and avoid risky behaviours and people and to engage in positive activities and relationships.
12.3 Network meetings / discussions should be attended by / involve agencies currently providing services for the child/young person - e.g. the child's school and/or Education Welfare Officer, health services as appropriate (school nurse, sexual health professional, GP), Lead Professional for Sexually Exploited Children and any other agency which is in a position to contribute significantly to the development of a diversion plan for the child/young person.
12.4 Where appropriate, the child and their family should be made aware of the concerns, engaged in developing the diversion plan and involved in all subsequent network meetings to review the plan. However, engaging the child and family and alerting them to the risks should be approached with a high level of sensitivity to avoid compounding risks or furthering alienation. There are circumstances where a child's parent/carer may not be invited to attend a network meeting - these are set out in paragraph 14.3 below.
12.5 The meeting / discussion should be recorded and the diversion plan should be recorded using the LINCS meeting action plan template. Click here to access the Action Plate Template. The diversion plan should be shared with relevant professionals in the child's professional network.  The diversion plan should be reviewed within a timeframe that is commensurate with the child's needs or no later than 3 months after the initial meeting and again a record of the review made.  Click here to access the Template for Recording a Review of the Action Plan.


13. Categories 2 and 3: Multi-agency Sexual Exploitation (MASE) Meetings and Safeguarding and Support Plans

13.1 In cases where a child/young person is considered to be at high or medium risk of sexual exploitation, this assessment should be reached by the professional in consultation with their agency's designated safeguarding adviser. The professional and/or the designated adviser should make a referral to their Children's Social Work Services in line with the Referrals Procedure.
13.2

As in all cases of suspected abuse and neglect, Children's Social Work Services will respond in one of three ways and will advise the referrer of the outcome of the referral:

  • An Initial Assessment will be undertaken to identify the child's level of risk and need for service provision;
  • The Initial Assessment may identify the child to be at risk of Significant Harm and in need of protection. This will necessitate a Section 47 Enquiry and a Core Assessment of need; or
  • Where no concerns are identified that require a social work service, there will be no further action. In these cases, Children's Social Work Services will advise the referrer verbally and in writing as to why the agency is to take this position.
13.3 In cases where the Initial Assessment by Children's Social Work Services confirms that a child is at risk of Significant Harm, they must convene a multi-agency sexual exploitation (MASE) meeting or equivalent, in order to determine whether child protection enquiries should be made in line with the Section 47 and Core Assessment Procedure.
13.4

The minimum threshold for Section 47 Enquiries is:

  • An immediate risk of Significant Harm;
  • Concern that abuse through prostitution/ sexual exploitation is being actively encouraged by a parent/ carer;
  • Concern that a related or unrelated adult, in a position of trust or responsibility to the child, is organising or encouraging abuse through prostitution.
13.5 The younger the child the more likely it is that child protection procedures will be appropriate.  However, the vulnerability of older children must not be dismissed.
13.6 As with all referrals child protection procedures should be initiated at any point that it is recognised that the threshold has been met.


14. Multi-Agency Sexual Exploitation (MASE) Meetings

14.1 MASE meetings should be chaired by a Children's Social Work Services manager. The Chair should always inform the Lead Professional for Sexually Exploited Children, that a meeting is taking place. Appendix 3: Multi-agency Sexual Exploitation Meeting Initial Agenda provides a format for the agenda and minutes of these meetings.
14.2

Attendance at the meeting should include:

  • The referrer, if a professional;
  • Education and health services (sections 21 and 22 give more specific information for education and health);
  • Social worker;
  • Lead Professional for sexually exploited children;
  • Any other relevant person (e.g. fostering link worker, residential key worker / manager, YOS worker, voluntary agency worker, GP); and
  • Police.
14.3 Attendance at the meeting of the child and their family should only be considered if attendance will not compromise the child's safety or the progress of an investigation. The final decision should be taken by the Children's Social Work Services manager for the child's case. This decision should be clearly recorded on the child's case file.
14.4

Criteria for deciding whether or not to invite the child and their family include:

  • The child's age and level of maturity, taking into account learning difficulties;
  • The child's perception and interpretation of their involvement including how this will impact on what information they could share with perpetrator(s);
  • Patterns and frequency of any behaviour causing concern;
  • Identity and role of adults involved;
  • Nature of sexual activity, who is controlling the sexual activity, where it is taking place;
  • Impact of attendance on any police investigation;
  • Likely reaction of parents/carers;
  • Likely reaction of child/ young person.
14.5

The purpose of the meeting should be to:

  • Share and clarify information;
  • Establish exact nature of concerns;
  • Establish risk for any other children, including siblings;
  • Share information pertaining to a suspected perpetrator with police, i.e. car registration, nickname/ alias, descriptions, tattoos, premises/locations etc (see Appendix 5: Information Sharing Tool for template to record such information);
  • Consider the likelihood of prosecution of relevant adults;
  • Agree on action and make recommendations to address the concern;
  • Develop a safeguarding and support plan for the child and parent/carer;
  • Work towards a recovery strategy; and
  • Identify the factors to be taken into account (these will include the indicators in the Risk Assessment Framework).
14.6

The outcome of meeting may be that:

  • There is no need to proceed further at this point;
  • There is a need to invoke child protection procedures (see paragraph 13.4);
  • There is a possibility of criminal action against an adult;
  • Coordinated multi-agency support via a safeguarding and support plan is required to divert the child from involvement in sexual exploitation;
  • There is insufficient information at this stage, but concerns remain, and further assessment is required to clarify them;
  • A referral to a project / organisation should be made;
  • There is justification for criminal action against the child;
14.7 If a decision is made during the MASE meeting that a Section 47 Enquiry should be initiated, then the status of the meeting should change to that of a Strategy Discussion.
14.8 Where ongoing work is required, a Lead Professional will be identified at the meeting.  This will usually be a social worker (see paragraph 16.9 for further information). 
14.9 The MASE meeting should be minuted, the safeguarding and support plan must specify who is responsible for undertaking the work, and a copy of the minutes should be sent to the lead professional for sexually exploited children. The ICS template for a Child's Plan should be used to record the safeguarding and support plan.  Unless no further action is agreed, or child protection procedures are invoked, a date for a review meeting should be agreed, to take place in a timeframe that is commensurate with child's needs or no later than three months after the initial meeting. Appendix 4: Multi-agency Sexual Exploitation Meeting Review Agenda provides a format for the agenda of these meetings. If the child/young person or their parent/carer has not been present, the meeting must consider what information to give at this point, and who should undertake this. Parents/carers should usually be notified of concerns regarding their children, and what action is being considered to address these.
14.10

Plans should also consider:

  • The risks to other children in the household or placement;
  • Whether the child should remain at home or in their present placement; and
  • The feasibility of controlling the child's movements, and the likely effects of doing so;
  • Parents/carers being asked to record suspicions and take positive action to minimise the child's involvement in exploitation.
14.11 As with all child sexual abuse, child sexual exploitation involves varying degrees of coercion, reward, secrecy and fear, which means that interventions to support and rehabilitate children may need to be long-term, and safeguarding and support plans should be progressed at the child's pace.


15. Child Protection Conferences

15.1 If at the end of a Section 47 Enquiry, it is felt that there is a continuing risk of Significant Harm a Child Protection Conference should be held as set out in the Initial Child Protection Conferences Procedure.
15.2

The Child Protection Conference must develop a plan to enable the child or young person to recognise risky behaviours and people and engage in positive activities and relationships. The plan should consider:

  • The risk to other children in the household or placement;
  • Whether the child should remain at home or in their current placement;
  • The feasibility of controlling the child's movements and the likely effects of doing so;
  • Parents / carers being asked to record suspicions and take positive action to minimise the child's involvement in exploitation.


16. Role of Children's Social Work Services

16.1 Children's Social Work Services hold the lead responsibility for responding to children abused through or at risk of sexual exploitation. However, decisions on what action to take, other than emergency action, or diversion planning as a response to a child being at risk (Category 1), should only be taken following discussion within a multi-agency sexual exploitation (MASE) meeting.
16.2 On receipt of a referral, Children's Social Work Services must consider whether the child is at immediate risk of Significant Harm, and if so, child protection procedures should be invoked, in line with Section 13, Categories 2 and 3: Multi-agency Sexual Exploitation (MASE) Meetings and Safeguarding and Support Plans. Whenever possible, a discussion should be held with lead professional for sexually exploited children but action should not be delayed if s/he is not available. The lead professional should be invited to any Child Protection Conferences.
16.3 If child protection procedures are not considered appropriate, the social worker, in discussion with their team manager and/or the lead professional for sexually exploited children, will identify the category of risk of harm to the child.
16.4 Solihull MBC will collect information to monitor prevalence, activity patterns and effectiveness of interventions for children who are sexually abused, including sexually exploited, in their area. The lead professional for sexually exploited children should be responsible for this.  The LSCB has agreed a minimum dataset to monitor child sexual exploitation in the area.
16.5 The lead professional for sexually exploited children or duty manager should advise on the diversion plan for Category 1 cases and the lead professional for sexually exploited children should contribute to MASE meetings for Category 2 and 3 cases.
16.6 Following a MASE meeting, if there is sufficient information to confirm concerns, the case will require allocation in a Children in Need / Family Support Team to progress the child's safeguarding and support plan.
16.7 When a case is already allocated, concerns may be identified by another professional or by the child's social worker. The risk of harm to the child needs to be assessed in the light of the new information, a discussion held with the relevant team manager and lead professional for sexually exploited children.  If the child is considered at risk Category 1, a diversion plan should be integrated into the existing child's plan.  Cases assessed as medium or high risk should be progressed as set out at paragraph 13.3 onwards.
16.8 The outcome of the assessment should be discussed within a MASE meeting (see Appendix 3: Multi-agency Sexual Exploitation Meeting Initial Agenda for outline agenda), and a safeguarding and support plan put in place.   The components of the safeguarding and support plan should be integrated into the existing child's plan.  Whenever possible, the child and their parent/carer should be invited to this meeting. However, family attendance must be carefully assessed (according to the criteria outlined in paragraph 14.3 and only agreed if attendance will not compromise the child's safety or the progress of the investigation. The final decision should be taken by the Children Social Work Services manager. This decision should be clearly recorded on the child's case file.
16.9 Implementing an effective safeguarding and support plan for a child may require professionals to be extremely persistent in continuing to offer support and services. It may be that a non-LA children's social care professional may best be able to provide a direct service. Nevertheless, the case should remain allocated to a social worker whilst a safeguarding and support plan is in place, in order to act as a point of contact for the child, family and professionals and to co-ordinate the plans.
16.10

Resources which may be appropriate as part of the safeguarding and support plan include:

  • Use of accommodation;
  • Application to court for a Care Order or Supervision Order;
  • Provision of counselling and health services;
  • Provision of advice, support and mentoring;
  • Opportunity to access leisure, education, employment and housing;
  • Direct provision of family support service; and/or
  • In extreme circumstances, application for a for a Secure Accommodation Order.


17. Children in Care

17.1.1 When a referral is received regarding a child in care, the allocated social worker must inform their team manager and the lead professional for sexually exploited children.
17.1.2

A MASE meeting should be considered, in accordance with these procedures. Where a MASE meeting is convened, the Child's Independent Reviewing Officer should be invited to attend. In addition, the following factors should be taken into account:

  • The risks to other children in the placement;
  • Whether the child should remain in their present placement; and
  • The feasibility of controlling the child's movements, and the likely effects of doing so.
17.1.3 As in paragraphs 16.8 and 16.9 above, a safeguarding and support plan should be drawn up, which will form part of the overall Care Plan for the child.  The plan will continue to be reviewed by the Looked After Review process.
17.1.4 The MASE meeting should consider the appropriateness and method of informing the child's parents. If children are Accommodated, parent/s must be informed of all significant matters. When a child is subject to a Care Order, generally their parent/s should be informed of such a significant matter. A decision not to inform the parent/s should be recorded on file.
17.1.5 The child's social worker and the carer/s should put in place a written strategy which balances the need for assertive action and the need to not unduly increase the likelihood of the child running away in response to the action being taken, and possibly placing themselves at even greater risk. Any consideration of restriction of liberty or confiscation of property needs to be agreed by the team or service manager responsible for the child's case.
17.1.6 Active work should be undertaken with the child to address issues of their self-esteem, relationships, sexuality, sexual relationships and health.
17.1.7 Whether or not the child is moved from their placement, the other children in the placement should be monitored to identify whether they are also at risk of harm from, or are in some way supporting, the sexual exploitation.
17.1.8

If the child is in a residential unit, the staff should be asked to take positive action to clarify and record suspicions and minimise the child's involvement in sexual exploitation. If suspicions are confirmed, the following steps should be taken:

  • Treating the child as a victim of exploitation, not a criminal;
  • Ensuring that all relevant information is recorded in the child's Care Plan and file - concerning adults and identifying information (e.g. appearance, cars etc, telephone activity, the child's patterns of going missing etc) - together with decisions and clear directions for action.
  • Making every effort to dissuade the child from leaving to engage in sexual exploitation by talking to them, involving them in alternative activities, and ensuring they have the resources to attend, including escorting where necessary;
  • Offering advice about appropriate clothing;
  • Ensuring that the child is aware of the legal issues involved, including advice that staff cannot safeguard money which is reasonably suspected to have been gained through sexual exploitation. When staff do acquire such money, they must retain it and seek legal advice;
  • Monitoring telephone calls and letters by preventing the child from receiving some incoming calls, being present when phone calls are made, confiscating a mobile phone which is being used inappropriately, opening some letters in the presence of the child and withholding letters if necessary; reasons for intercepting letters and calls should be included in the Care Plan;
  • Monitoring callers to the home, or adults collecting children by car. This may involve turning visitors away, supervising contact, passing information direct to the police, or monitoring any suspicious activity in the vicinity of the home and informing the police;
  • Where the child leaves, staff need to decide whether to follow them and continue to encourage them to return;
  • If they will not return, staff should follow the missing from Safeguarding Children and Young People who go Missing from Local Authority Care Procedure;
  • Liaising with outreach agencies, so they can look out for a child who has gone missing;
  • Offering sensitive and welcoming responses to children returning home.
17.1.9 If the child is in foster care, the fostering link worker and foster carer will be invited to attend the MASE meeting where it will be explored what steps could reasonably be taken by the foster carer to minimise the child's involvement in sexual exploitation. Consideration will also be given to a review of the child's placement plan.
17.1.10 The child's behaviour and attitude may be extremely challenging, and carers and staff will require ongoing support, advice and training in knowing how to respond. These needs must be considered and resources identified, either by the manager of the residential unit or the fostering link worker.

17.2

Involvement of groups of children in care
17.2.1 Where there is knowledge or strong suspicion that children are involved in sexual exploitation together, or are being controlled by the same person, particularly when that person is a child, there will need to be additional planning, including consideration of the use of child protection procedures and/or Complex (Organised or Multiple) Abuse Procedure.
17.2.2 If a Strategy Meeting is not appropriate; a MASE meeting should be convened, as above.  This will need to ensure that there are no inconsistencies between individual children's Care Plans. Where the placement is in the area of another authority, or children from other authorities are involved, that authority's duty manager must be contacted, to discuss which authority is to take overall responsibility for convening the meeting and co-ordinating the response.

17.3

Leaving care / aftercare
17.3.1 The same procedures as above should be followed in cases where young people in the 16+ team are considered to be at medium or high risk of abuse through sexual exploitation.
17.3.2 The leaving care plan for any young person where there are concerns about sexual exploitation should specifically identify their vulnerability to sexual exploitation, and address the factors known to impede successful recovery from sexual exploitation (e.g. homelessness, poverty, lack of educational and employment opportunities and lack of supportive social contacts).


18. Role of the Police

18.1 Sections 47 to 51 of the Sexual Offences Act 2003 deal with the exploitation of children, whether through prostitution or pornography. The Act creates a number of offences that apply to both types of exploitation - see Appendix 6: Identifying Offences Committed for list of offences that may be committed.
18.2 The priority for the police is the investigation and prosecution of offenders who have been involved in abusing the child through sexual exploitation. This role should be undertaken in accordance with the principle of multi-agency co-operation to safeguard children/young people.
18.3 Police may become aware of children being involved in sexual exploitation through normal police work on the streets and in other criminal investigations.
18.4 The initial police response to the discovery of a child who is being, or is at immediate risk of being abused through sexual exploitation, must be to remove them from the source of harm and ensure that any necessary evidence is secured. This action must be followed by referral to Children's Social Work Services in line with the Referrals Procedure - see also paragraph 13.1.
18.5 If there are suspicions that a child is a victim of sexual exploitation, but there is no immediate or direct evidence, the police officer noting the concern should refer to the Public Protection Unit (PPU) using form WC392.  The PPU will risk assess the form and share the information with Children's Social Work Services in accordance with these procedures. If a crime has been committed, the matter will be allocated to an appropriately trained officer to investigate. West Midlands Police assessment framework for child sexual exploitation is compatible and consistent with the assessment framework adopted by Solihull LSCB as set out at Appendix 1: Risk Assessment Framework for Children Abused through Sexual Exploitation and Appendix 2: Risk Assessment Framework Diagrams.
18.6

Criminal action in respect of the child victim should be avoided wherever possible. Such action should not be instigated until the matter has been discussed within a multi-agency sexual exploitation (MASE) meeting, when it is established that all attempts at diversion have failed. Particular attention should be paid to the following:

  • The age and vulnerability of the child;
  • The return to sexual exploitation must be considered genuinely voluntary, with no evidence of physical, mental or emotional coercion; and
  • The child has been told, and understands, that criminal proceedings may take place, and the implications of this for them now and in the future. If the matter reaches the point of referral to the Youth Offending Service, this provides a further opportunity for positive intervention.
18.7 All interviews with the child as an actual or potential victim should be conducted, as far as possible, in accordance with Achieving Best Evidence. However, flexibility needs to be applied, as it may take a number of interviews before the child is able to make, or complete a statement.
18.8 If the child has made a statement and/or is a potential witness, the police should consider protection arrangements for the victim and their family based on the risk assessment of persons involved.  Witness support should be considered as early as possible.


19. Role of Youth, Leisure and Community Services

19.1 The role of youth, leisure and community services staff in relation to children/young people abused through sexual exploitation is in the prevention, recognition and referral stages.
19.2 Where staff, such as play workers, leisure centre workers or librarians, have immediate concerns (medium or high risk, Categories 2 and 3 using the Risk Assessment Framework; see Section 3, The Nature of Sexual Exploitation) they should, together with their agency's designated safeguarding adviser, make a referral to Children's Social Work Services. Where the concerns are not immediate or are unclear, staff should discuss the case with their designated safeguarding advisor.
19.3 In the case of street activity being noted, including within parks, staff should contact the local police.


20. Role of Education

20.1

Prevention
20.1.1 Staff in schools, further education colleges and other education establishments are uniquely placed to recognise and refer children/young people who are abused through sexual exploitation. They are also in a position to help children to avoid being sexually exploited and to support abused children to recover.
20.1.2 Personal, Health and Social Education (PHSE) programmes can help children make informed and healthy choices about issues such as sexual activity, grooming techniques, drug use and keeping themselves safe.

20.2

Recognition and referral
20.2.1 School staff should be alert and competent to identify and act upon concerns that a child is at risk of or experiencing abuse through sexual exploitation.
20.2.2 The DMS for safeguarding children in each school should monitor information to identify when more than one child in the school or community may be being targeted for sexual exploitation.
20.2.3 Education welfare officers, in their assessment and ongoing work with children/young people and their families and liaison with school staff, can identify children who are being or are at risk of being abused through sexual exploitation. Where the child is already known to an Education Welfare Officer, s/he would also be expected to attend the multi-agency sexual exploitation (MASE) meetings and contribute to developing the child's safeguarding and support plan.
20.2.4 Where school staff have immediate concerns (medium or high risk, Categories 2 and 3 using the Risk Assessment Framework; see Section 3, The Nature of Sexual Exploitation) they should, together with the DMS, make a referral to Children's Social Work Services.  Where the concerns are not immediate or are unclear, staff should discuss the case with the DMS.
20.2.5 The DMS will be expected to attend any MASE meetings.

20.3

Connexions Service
20.3.1 As with teachers, Connexions Personal Advisers are in a good position to identify children/young people who are being, or are at risk of being abused through sexual exploitation. Personal Advisers should be alert and competent to identify and act upon concerns that a child is at risk of or experiencing abuse through sexual exploitation; and should consult their designated safeguarding adviser and refer to children's social care where their assessment is that that the child/young person falls into the medium or high risk categories of the assessment framework.


21. Role of Health

21.1

Government guidance on children involved in sexual exploitation, notes:

"Because of the universal nature of most health provision, health professionals may often be the first to be aware that a child may be involved, or be at risk of becoming involved, in sexual exploitation. Children involved in sexual exploitation are likely to need a range of services, including advice and counselling for harm minimisation, health promotion, advice on sexually transmitted diseases and HIV".
Guidance on Children Involved in Prostitution (HO/DfES 2000)
21.2 Health professionals should be alert and competent to identify and act upon concerns that a child is at risk of or experiencing abuse through sexual exploitation. They have a crucial role in providing support for the physical and mental health of these children/young people.
21.3 The named or designated professional for safeguarding children in each health service trust should ensure arrangements are in place to monitor information to identify when more than one child in the community may be being targeted for sexual exploitation.
21.4 Where health professionals have immediate concerns (medium or high risk, Categories 2 and 3 using the Risk Assessment Framework; Section 3, The Nature of Sexual Exploitation) they and/or designated/named professional should make a referral to Children's Social Work Services in accordance with the Referrals Procedure - see also paragraph 13.1 of these procedures. Where the concerns are not immediate or are unclear, staff should discuss the case with the designated/ named professional.
21.5 Health staff should offer and/or continue to provide health education, counselling, sexual health and medical intervention to the child/young person as an appropriate part of early intervention.  Solihull LSCB's Multi Agency Protocol for Identifying and Responding to Cases of Harm arising from Under Age Sexual Activity provides specific guidance in relation to sharing information about children for whom a professional has concerns.
21.6

Health professionals who may be invited to attend MASE meetings include:

  • All current health professionals involved with the child, including school nurses, nurses working with children in care, GP's, practice nurses, health workers involved with outreach clinics, sexual health and family planning resources;
  • Any previously involved health professionals (recent past) who would have a useful contribution to make to the meeting (i.e. most recent health reports and knowledge of child while at school);
  • Health professionals involved in any screening or medicals involving the child who is the subject of the meeting; or
  • When no other health person is involved, current or past, the Trust's designated or named professional should attend in an advisory capacity.


22. Role of voluntary and community groups

22.1

Support services
22.1.1

Government guidelines on young people involved in sexual exploitation emphasise the importance of a multi-agency approach, which includes voluntary and community groups / agencies:

'The child may seek to avoid statutory services. They are more likely to respond to informal contact, for example, with health outreach workers, or local non-statutory agencies. The primary concern of all those involved must be the welfare of the child, and decisions on the sharing of concerns about a child's safety must form part of local protocols between police, LA children's social care, health and education authorities and non-statutory agencies'.
Guidance on Children Involved in Prostitution (HO/DfES 2000)

22.1.2

There is a wide range of specialist (drug misuse, homelessness, counselling and advice) and other voluntary and community agencies / groups (youth clubs, sport/drama groups, faith groups etc) who may be well placed to identify children/young people who are at risk of or are experiencing abuse through sexual exploitation; because:

  • Voluntary and community sector agencies often have a close relationship with their local communities;
  • Voluntary and community sector agencies can develop relationships of trust with the children/young people and maintain a link to the child if they become 'lost' to statutory services;
  • Outreach agencies are often the first point of contact for children/young people in risk situations;
  • Specialist voluntary agencies often have the opportunity to provide vital health / harm minimisation / risk reduction support.
22.1.3 It is essential that voluntary and community groups / agencies operate as multi-agency network partners in order to provide children/young people with access to the widest possible range of intervention and support services.

22.2

Recognition and referral
22.2.1 Professionals and volunteers in voluntary and community groups / agencies should be alert and competent to identify and act upon concerns that a child is at risk of or experiencing abuse through sexual exploitation. They are well placed to receive and verify information about sexual abuse and exploitation of children in the local community.
22.2.2 Each voluntary and community group or agency should have a designated safeguarding adviser.
22.2.3 Where a professional or volunteer in a voluntary or community group/ agency has immediate concerns (medium or high risk, Categories 2 and 3 using the Risk Assessment Framework; Section 3, The Nature of Sexual Exploitation) they should, together with their designated adviser, make a referral to LA children social care in accordance with paragraph 13.1 of these procedures. Where the concerns are not immediate or are unclear, staff should discuss the case with their agency's designated safeguarding children adviser.


23. Responding to Perpetrators

23.1 Identifying perpetrators, disrupting their activities and prosecuting them must be a key part of work to safeguard children and young people from sexual exploitation. While the police and criminal justice agencies lead on this aspect of work, the support of other partners is vital, for example in recording information and gathering and preserving evidence.
 

Disruption
23.2 Disrupting perpetrator behaviour is an important part of work to tackle the sexual exploitation of children. Whilst there should always be an investigation aimed at prosecution, a disruption plan targeting suspected perpetrators can also be extremely beneficial. A disruption plan might involve a number of activities, ranging from observation of an individual's activities to the use of a range of civil orders such as sexual offence prevention orders, risk of sexual harm orders, antisocial behaviour orders, restraining orders and child abduction notices.  Further details of civil orders can be found at Appendix 7: Civil Orders.
23.3 The Child Abduction Act 1984 Section 2 states that an offence is committed by taking or detaining a child under 16, so as to keep the child from the lawful control of someone who has or is entitled to have, the lawful control of the child. An offence may be committed if a child goes willingly with an abductor as a result of an inducement. A child's parent or carer can make a statement to the police stating that they do not give permission for the child to be with a particular adult. A letter may then be sent to the abductor from West Midlands Police.
23.4 A template for a letter that can be used under The Child Abduction Act 1984 Section 2 can be found at Appendix 8: Child Abduction Orders Standard Letter.
23.5 The Licensing Act 2003 can be used to prevent children and young people from gaining access to adult venues such as pubs and clubs where they may be particularly vulnerable to grooming.
 

Prosecution
23.6 Perpetrators of sexual exploitation may commit one or more of a range of offences, some of which are more specifically linked to the abuse than others. Police and other agencies should bear in mind the full range of offences that may be relevant.
 

Working Together
23.7 The Sexual Offences Act 2003 also includes offences which specifically tackle the use of children under the age of 18 in the sex industry. These offences are - paying for the sexual services of a child; causing or inciting child prostitution or pornography; controlling a child prostitute or child involved in pornography; and arranging or facilitating child prostitution or pornography.
23.8 The responsibility to take action under the criminal law against coercers and abusers lies with the police. In pursuing the arrest and prosecution of these offenders, they may call upon the assistance of any statutory or voluntary agencies involved.
23.9 If the young person is the victim of a criminal offence, the most serious charges that the evidence will support should always be used. The police and prosecutors should consider using all the appropriate offences for any particular situation.
23.10 The criminal investigation will seek to assemble evidence that will support charges to reflect the full extent of the abuse by using appropriately trained police staff to ensure that the gathering of evidence and the welfare of the young person are both given appropriate emphasis.
23.11 All agencies involved with the young person should be meticulous in their note keeping and should document carefully any information which could assist in the bringing of charges against those exploiting the young person. This may take the pressure off the young person to be the principal witness against a perpetrator.
23.12 If the prosecution of a perpetrator requires the evidence of the young person, attention must be paid to her/his safety, including the possible need to move her/him, and to the confidentiality of information. This may require the close co-operation of the police, witness support, children's social care and other agencies.
 

Information Sharing
23.13 Working Together to Safeguard Children 2010 acknowledges the strong links that have been identified between different forms of sexual exploitation; running away from home, gang activity, child trafficking, substance misuse and internet/mobile phone grooming and abuse. Professional responsibility is to safeguard children, therefore, in addition to assessing and responding to the needs of individual children, broader responsibilities include deterrence and disruption of those who wish to exploit.
23.14 Perpetrators may act in isolation or within organised groups and information from victims is rare, therefore, the need to 'work together' in the sharing and exchange of information is crucial.
23.15 Following recent police 'operations' West Midlands Police have developed an information sharing tool (see Appendix 5: Information Sharing Tool). Due to the nature of information often being anecdotal or unsubstantiated, such sharing must be done with sensitivity to data protection, confidentiality and human rights. However, it is often small seemingly innocuous pieces of information that come together to identify those who present risk.
23.16 In using the 'information sharing' tool, practitioners or others must deliver the record of information to the Public Protection Unit (PPU).
23.17 The information recorded will be assessed by the PPU and filtered through police intelligence where appropriate.


Appendix 1: Risk Assessment Framework for Children Abused through Sexual Exploitation

Click here to Risk Assessment Framework


Appendix 2: Risk Assessment Framework Diagrams

Click here to view diagrams


Appendix 3: Multi-agency Sexual Exploitation Meeting Initial Agenda

Click here to view agenda


Appendix 4: Multi-agency Sexual Exploitation Meeting Review Agenda

Click here to view review agenda


Appendix 5: Information Sharing Tool

Click here to view Information Sharing Tool


Appendix 6: Identifying Offences Committed

The Sexual Offences Act 2003 includes three broad categories of specific sexual offences against children:

  • Offences against children under the age of 13 (sections 5-8 of the Sexual Offences Act 2003) - sexual activity with a child under the age of 13 is an offence regardless of consent or the defendant's belief as to the child's age. The offences are rape, assault by penetration, sexual assault and causing or inciting a child under 13 to engage in sexual activity. The offences carry a maximum sentence of life imprisonment or 14 years' imprisonment, depending on which offence applies;
  • Offences against children under the age of 16 (sections 9-15 of the Sexual Offences Act 2003) - these offences apply regardless of whether the child consented to the sexual activity but, unlike with the offences relating to children under 13, an offence is not committed if the defendant reasonably believed that the victim was 16 or over. The offences are: sexual activity with a child, causing or inciting a child to engage in sexual activity, engaging in sexual activity in the presence of a child, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, and meeting a child following sexual grooming (under section 15 an offence is committed if an adult communicates with a child on at least two previous occasions, and then meets the child, arranges to meet the child or (the adult or child) travels for such a meeting, where the adult intends to commit a sexual offence). These offences carry a maximum sentence of 10 years' or 14 years' imprisonment, depending on which offence applies. Where the offender is below the age of 18, the maximum sentence is 5 years' imprisonment. If any of these offences is committed against a child under 13, the defendant's belief as to the age of the child is irrelevant;
  • Offences against children under the age of 18 - there are a number of sexual offences in the 2003 Act that apply to all children under the age of 18. These include sexual offences where there is abuse of a position of trust (sections 16-24) and familial child sex offences (sections 25-29).

In respect of all children aged 13 or over, the general non-consensual offences in sections 1- 4 of the 2003 Act are also relevant. These are rape, assault by penetration, sexual assault and causing a person to engage in sexual activity without consent. These offences all require that the victim did not consent to the sexual activity and the defendant did not reasonably believe that the victim consented.

The Sexual Offences Act 2003 also provides for offences specifically to tackle the use of children in the sex industry, where a child is under 18 (sections 47-50). These offences are paying for sexual services of a child, causing or inciting child prostitution or pornography, controlling a child prostitute or a child involved in pornography and arranging or facilitating child prostitution or pornography.

Sections 57-59 of the 2003 Act provide for offences relating to trafficking for sexual exploitation. These offences may be particularly pertinent for cases of sexual exploitation. This is often overlooked, however, it is applicable to cases of people who are trafficked within the UK as well as those who may be trafficked into or out of the UK for sexual exploitation.

In terms of international trafficking, immigration offences such as facilitation can also be brought against the perpetrator.


Appendix 7: Civil Orders

Click here to view Civil Orders


Appendix 8: Child Abduction Orders Standard Letter

Click here to view letter

End