PROTECTING CHILDREN -A SHARED RESPONSIBILITY: Guidance on Inter-Agency Co-operation

PART 6: SPECIAL CIRCUMSTANCES

Introduction

6.1 There will be some situations which require special consideration by agencies responsible for child protection. This guidance describes some approaches to these. The advice outlined in this section should complement the general principles described in the rest of the guidance.

Children living away from home

6.2 Local authorities and other agencies, who provide care and accommodation for children in residential placements, schools, foster care, or in other forms of accommodation, should ensure guidance and procedures are in place to respond to allegations of abuse concerning children living away from home. These should set out the separate processes which may be initiated in response to such allegations, namely:

inter-agency child protection procedures any criminal investigation the local authority’s disciplinary procedures the local authority’s statutory complaints procedure review of approval for carers or registration and inspection of establishments

Any or all of these processes may occur concurrently or sequentially, but the need to ensure the protection and welfare of any child, or children, should be the paramount consideration. Child protection procedures and the conduct of any criminal investigation will take precedence over disciplinary or other internal local authority or agency procedures. Where allegations involve a number of children or staff, the local authority and police should consider the need to conduct inquiries into multiple or organised abuse as set out in paragraphs 5.14 to 5.20.

6.3 When an allegation is made concerning abuse of a child in a local authority placement, the local authority must initiate local inter-agency child protection procedures. If an allegation of abuse concerns an employee, or employees, the local authority should consider the need for precautionary suspension and whether to begin disciplinary procedures. The local authority should also consider temporary withdrawal of approval from a carer alleged to have abused a child. Local authorities should always consult the police before interviewing a staff member or carer alleged to have abused a child. All agencies have a duty of care towards their employees. They should treat any employee or approved carer alleged to have abused children in their care with consideration pending the outcome of any inquiries, and ensure that they have adequate information and access to representation in any disciplinary or review process. Such procedures should include, as far as is practicable, an element of independence from the local authority or other agency. Action by the local authority as an employer should, however, avoid pre-empting or prejudicing child protection inquiries or a criminal investigation.

6.4 If a child resident in an independent or voluntary sector placement, including an independent school, alleges abuse, the head of the establishment should inform the local authority in which the establishment is located and, if different, the placing authority. If allegations of abuse concern a child who is placed outside his or her home authority area, the responsibility to make inquiries rests with the local authority in which the child is located. The two local authorities should liaise and agree the most suitable arrangements for investigating allegations, with proper consultation with the police and other relevant agencies. Where more than one child has made allegations about a staff member or members, the host authority should normally undertake any joint investigation with the police, to avoid a large number of placing authorities investigating allegations. Inter-agency child protection procedures should take precedence over the requirements of the independent or voluntary organisation’s disciplinary or other internal procedures.

6.5 Agencies may, from time to time, come into contact with adults who allege that they were abused as children in care establishments. Such allegations may become the subject of a criminal investigation. Local authorities and other agencies which originally provided care should respond sensitively to the needs of the adults concerned by providing information and counselling where requested.

Abuse by children or young people

6.6 All agencies must ensure that sexually abusive behaviour, when identified in children or young people, is taken seriously and referred to either the social work service, the Reporter or the police. When abuse of a child is alleged to have been carried out by another child or young person, inquiries should be carried out under inter-agency child protection procedures and should consider the needs and welfare of the child victim and the child perpetrator separately. Any young person alleged to have abused a child should be referred to the Reporter to assess the need for compulsory measures of supervision.

6.7 When inquiries into any incident of abuse by a young person are complete the local authority should arrange a case conference, separately from any conference held about his or her child victim, to discuss his or her needs, any risk he or she may continue to pose to other children and young people, and any risk to the young perpetrator from other adults. This should address:

information about the perpetrator of abuse the family and household composition, and social history details of the abusive behaviour and relevant information about the child victim including age and gender the child or young person’s level of understanding and acceptance of the abuse the need for compulsory measures of supervision the potential impact of criminal prosecution or a Children’s Hearing (noting that the Sheriff may refer young people found guilty in a criminal Court to a Children’s Hearing for disposal) whether the perpetrator may have also been abused in the past or currently the child’s or young person’s need for services and support to address their offending behaviour if the child or young person is themselves at risk of abuse or harm, whether there is a need for his or her name to be placed on the Child Protection Register and an inter-agency child protection plan drawn up

6.8 Perpetrators who are themselves children or young people, will need help, and, in particular, access to specialist assessment and services, such as personal change programmes and counselling to reduce the likelihood that they will continue to abuse children as they mature. If, following abuse of another child, the child or young person can no longer live at home, the social work service, in consultation with other relevant agencies, should consider arrangements for his or her accommodation and education, and arrangements for supervision pending a comprehensive assessment. A child psychiatrist, or clinical psychologist, may contribute to a multi-disciplinary assessment which should assess risk, identify the child’s needs and, taking into account the child’s age and stage of development, his or her likely response to personal change programmes to tackle offending behaviour.

6.9 When a comprehensive assessment has been undertaken, the case conference should be reconvened to review the plan in light of the information obtained and to co-ordinate plans for care and any work on personal change programmes. In order to harness a child or young person’s commitment to a personal change programme, agencies may need to seek a legal mandate, for example a Court may attach a condition of attendance at a programme to a probation order, or a Children’s Hearing may make attendance a condition of a supervision requirement.

Child abuse outwith the family

6.10 Most victims of child abuse know their abuser; abusers might be a member of the extended family, a neighbour, a family friend. Recognition, investigation, assessment and planning in cases of abuse perpetrated by a familiar adult share many features of cases of abuse within a family. The impact of abuse on the child and the family is likely to reflect the relationship between the child and the abuser, as well as the nature of the abuse. The abuser may have a close relationship with the child and the family; there might be the possibility of collusion in the abuse by members of the family; the abuser might have had continuous and unsupervised access to the child, and other children within the family. Inquiries into allegations of abuse of a child by an adult outwith their immediate family should be made under local inter-agency child protection procedures. These should always involve consultation between police and the social work service, and may often involve a joint investigation.

6.11 Where a child is abused by a person unknown to the child and family the police may require to take immediate action to secure evidence, to enable speedy investigation and early arrest of the alleged abuser. The police should consider with the social work service whether a joint investigation would be appropriate and, where necessary, the social work service should undertake assessment and/or convene a case conference to consider whether other children in the family may be at risk or whether the family needs further services or support to keep the child safe, and what form this should take. Agencies should consider whether any continuing risk factors such as those noted at paragraph 6.10 apply and should remain alert to emotional and behavioural problems which child abuse by a stranger may cause. Skilled family counselling services may be needed to help the family deal with trauma.

6.12 Following completion of inquiries the police will submit a report simultaneously to the Procurator Fiscal and to the Reporter. If the Reporter does not convene a Children’s Hearing he or she may refer the child to the social work service for support on a voluntary basis if the family wish help. If lack of parental supervision has been a contributory factor in abuse of a child by a stranger, agencies should provide advice and help the family to safeguard their child’s welfare in future. Where an alleged abuser has been identified workers should remain alert to the possibility that he may be in contact with other children who could be in need of protection.

Children on international visits

6.13 Children may also be subjected to abuse while visiting countries and communities abroad. Useful advice is contained in the publication "Protecting Children in the Context of International Visits", copies of which have been made available to local authorities’ education departments and social work services. Further copies may be obtained from the City of Edinburgh Council Publications Unit, George IV Bridge, Edinburgh, EH1 1UQ.

KEY MESSAGES Some groups of children are particularly vulnerable, or have additional needs and agencies should consider their circumstances with special care. These include children affected by disability, children from minority ethnic groups or who do not have English as a first language, and children living away from home in residential or other settings. Local authorities and other agencies, who provide care and accommodation for children in residential placements, schools, foster care, or in other forms of accommodation, should ensure guidance and procedures are in place to respond to allegations of abuse concerning children living away from home. The investigation of such allegations should include, as far as is practicable, an element of independence from the local authority or other agency. When abuse of a child is alleged to have been carried out by another child or young person, inquiries should be made under inter-agency child protection procedures. The needs and welfare of the child victim and the child perpetrator should be considered separately. Where a child is abused by a person unknown to the child and family the police may require to take immediate action to secure evidence, to enable speedy investigation and early arrest of the alleged abuser. Nevertheless, skilled family counselling services may be needed to help the family deal with trauma.