CYP who display sexualised behaviour and harmful sexual behaviour

01 IntroductionIt is recognised that sexual exploration and experimentation are a normal part ofchildhood development and as such these procedures recognise that some childrendo engage in age-appropriate behaviours as part of natural childhood sexualdevelopment; such sexual activity is essentially information gathering characterised bymutuality and consent and it is not intended that such behaviours fall within the remitof these procedures. For further guidance on healthy, concerning/problematic orharmful sexual behaviours please refer to Appendix 1, Brook Traffic Light Tool (as at19/3/12) which must always be read in conjunction with their up to date guidance(http://www.brook.org.uk/traffic-lights)Work with children and young people who abuse others, including those who sexuallyabuse/offend, should recognise that such children are likely to have considerableneeds themselves, and that they may pose a significant risk of harm to other children.Evidence suggests that children who abuse others may have suffered considerabledisruption in their lives, been exposed to violence within the family, may havewitnessed or been subject to physical or sexual abuse, have problems in theireducational development and may have committed other offences. Such children andyoung people are likely to be children in need, and some will, in addition, besuffering, or at risk of suffering, significant harm, and may themselves be in need ofprotection. Children and young people who abuse others should be held responsiblefor their abusive behaviour, while being identified and responded to in a way thatmeets their needs as well as protecting others. (Working Together to SafeguardChildren 2010, page 248, 11.47)The purpose of these procedures is to provide a clear operational framework inrespect of children and young people who display harmful sexual behaviour and theiralleged victims. It is important to note that professionals need to remain aware of thenegative effect of labelling children and young people as young sex offenders’ or‘young abusers.’ The use of ‘children or young people who display harmful sexualbehaviour’ is considered to be more appropriate as this terminology acknowledgesthat their development as a child or young person is the first and foremostconsideration and that they are displaying or enacting behaviour(s) that need to beappropriately addressed to work towards change.The primary objective of all work with children and young people who display harmfulsexual behaviour must be the protection of the victim and the prevention of areoccurrence of the harmful sexual behaviour. It is therefore essential for there to be acoordinated, multi-disciplinary response in accordance with statutory guidance andthese procedures.02 PrinciplesThe following is a guide to key principles that should underpin work withchildren/young people who display harmful sexual behaviour:3

• To ensure that all children/young people under the age of 18 years who displayharmful sexual behaviour towards other children or adults are identified andreported by professionals within the multi-agency network.• The needs of children/young people who display harmful sexual behaviourshould be considered separately from the needs of their victims. Theconsequences for the victim should be considered just as seriously as when theabuse is perpetrated by an adult• A holistic child-centered assessment (Framework for the Assessment ofChildren in Need, 2000) should be completed for each child / young person anda multi-agency response coordinated to address individual need and any riskfactors. The reason why young people display harmful sexual behaviour ismulti-faceted and needs to be explored further. In all cases child protectionenquiries under section 47 (Children Act 1989) will need to be consideredirrespective of whether abuse is inter-familiar.• Effective inter-agency information-sharing is central to these arrangements.03 DefinitionThe definition of harmful sexual behaviour by children / young people is the same asfor adults who sexually abuse and is often characterised by a lack of true consent, thepresence of power imbalance and exploitation.“Sexual abuse involves forcing or enticing a child or young person to take part insexual activities, not necessarily involving a high level of violence, whether or not thechild is aware of what is happening. The activities may involve physical contact,including assault by penetration (e.g. rape, or oral sex) or non penetrative acts suchas masturbation, kissing, rubbing and touching outside of clothing, They may alsoinclude non-contact activities, such as involving children in looking at, or in theproduction of, sexual online images, watching sexual activities, or encouragingchildren to behave in sexually inappropriate ways, or grooming a child in preparationfor abuse (including via the internet). Sexual abuse is not solely perpetrated by adultmales. Women can also commit acts of sexual abuse, as can other children”.(Working Together to Safeguard Children 2010 page 38 1.35)The boundary between what is harmful and what is normal childhood sexualexploration/experimentation can be blurred. Appendices 1 & 2 offer guidance forprofessionals making an initial judgement.Abusive sexual activity is characterised by behaviour that involves coercion, verbal orphysical threats together with secrecy and where an individual child or young personrelies on an unequal power base due to such variables as; age difference,understanding or physical size. The issues of equality, true consent and coercion arekey factors within the assessment of whether a child or young person’s behaviour isproblematic or harmful and should be placed within the context of the incident(s) thathave occurred (see Appendix 2).4

Consent IssuesPlease note that if a young person is under the age of 13 years old, under theSexual Offences Act 2003 they cannot legally consent to any form of sexualactivity. Therefore a child protection referral is required in all such cases.Action in relation to 13, 14 and 15 year oldsThe Sexual Offences Act 2003 reinforces that, whilst mutually agreed,non-exploitative sexual activity between teenagers does take place andthat often no harm comes from it, the age of consent should still remainat 16. This acknowledges that this group of young people is stillvulnerable, even when they do not view themselves as such.An assessment should take place of the young person’s competency to give consentand of the nature of the relationship. Consider any differences of age, maturity, levelof development, functioning and experience and also the awareness of the potentialconsequences of their actions. For further information and guidance please go toSSCB or Stoke-on-Trent Safeguarding Children Board procedures (see Appendix 5for links and contact details) and consider the guidance in the Policy‘Working with Sexually Active Young People under 16’) (under review April 2012)A child protection referral or referral to the police is not mandatory in all cases ofsexual activity involving a child under the age of 16 years of age, but an assessment(including whether the children are Gillick competent using Fraser guidelines) in linewith these procedures must be undertaken by the professionals making thesedecisions04 RecognitionIt should be recognised that disclosure of sexually inappropriate or harmful behaviourby a child can be extremely distressing not only for the children/young peopleinvolved, but also for parents, carers and other family members. They may react withdisbelief and minimise the situation which could escalate concerns and it is thereforeimportant that professionals help them through this process at an early stage so thatthey can support and where appropriate, protect their child.It is also important to remember that not all children/young people displayingsexualised or harmful sexual behaviour have been sexually abused themselves. Theymay however have been living in an environment with few or inappropriate boundariesor been exposed to information or sexual activity which is beyond their natural level ofdevelopment and understanding. Hence in general the younger the child displayingsexualised/sexually harmful behaviour the higher the likelihood of that child havingbeen sexually abused or living in a sexualised environment. (Wilkinson and Carson,2002).5

Harmful sexual behaviour may also include children who exhibit a range of sexuallyproblematic behaviour such as indecent exposure, obscene telephone calls, fetishism,downloading child abuse images from the internet or exhibit harmful behaviour againstother children, masturbating in public and non contact behaviour via informationtechnology.Sexual exploitation is not covered by these procedures. (For more information onworking with ‘Sexual Exploitation of young people’ see procedures on the LSCBwebsites – Appendix 5). See Procedure SOT D1405 ProcedureWhere there is suspicion or an allegation of a child or young person having beenharmed in a sexual way by another child or young person, it should be referredimmediately to the children’s social care referral team in the local authority where thechild lives. Both the victim and the child who has allegedly displayed the harmfulsexual behaviour will need to be referred for assessment - see Appendix 5 for detailsof Staffordshire and Stoke-on-Trent contact details.The police are generally the first point of contact when an allegation of sexual harmhas been made and it is critical for them to always consult with the First ResponseTeam (Staffordshire) or Stoke-on-Trent Children & Young People’s Services Adviceand Referral Team (ART) regarding cases that come to their attention in order toensure that there is an appropriate assessment of the victims needs and of the allegedperpetrator’s needs, including any risk factors within and outside the family home (seeAppendix 5 for contact details).On receipt of a referral an initial strategy discussion must occur between Children’sSocial Care Services, the Police and Health professionals to share information anddetermine whether the threshold for section 47 enquiry (Children Act 1989) has beenreached. The Police should be involved in the decision making process even if thechild is under ten years old and below the age of criminal prosecution as they may, forexample, have information about the child’s family which is relevant to the enquiries.Where the decision is reached within the strategy discussion that the allegedbehaviour does not meet the threshold criteria for significant harm, the details of thereferral and reasons for this decision must be clearly recorded. The outcome shouldalso be appropriately shared with any professionals involved; if the referrer is notprofessional, only limited information can be shared in accordance with inter-agencyinformation sharing arrangements. The need for further assessment and supportservices to either child / young person should still be considered within a multi-agencyframework.An Initial Assessment will normally be undertaken by Children’s Services. Theexception to this is if it is apparent from the outset that behaviours are within the scopeof healthy, age-appropriate development; at this stage the First Response Team orStoke ART may offer advice, refer the caller to other universal service provision,advise that an assessment under the Common Assessment Framework (CAF) beinitiated, or conclude that no further action is required.6

Where a section 47 enquiry is required, a different social worker must be allocated forthe victim and for the child / young person who is suspected or alleged to haveharmed in a sexual way, even if they live in the same household, to ensure that bothare supported through the core assessment process and that their individual welfareand safety needs are being addressed.Where abuse is inter-familial or where the child / young person who are alleged tohave harmed sexually is in the same household, as other younger or more vulnerablechildren, the protection of any other potential victims must be addressed.Consideration should be given for the need to remove the young person who mayhave caused the sexual harm from the household, at least in the short term.In all cases requiring an initial assessment lateral checks must be undertaken, andinformation about the concerns shared appropriately with organisations, such asschools, so they can manage the risks that a child may pose to others. Lateral checksshould include information in regard to all the children involved. Other organisationsworking closely with children and families may need to be consulted at this stage andrisk management must be borne in mind when decisions around information sharing inthese cases are made. Staffordshire schools/education settings should seek thesupport of an Education Safeguarding Officer in regards to completion of a RiskManagement plan in relation to the child who may have demonstrated the harmfulsexual behaviour.If the threshold for undertaking a section 47 enquiry has not been met, the initialassessments completed by the social workers must indicate whether coreassessments need to be completed in relation to victims and the children who haveallegedly displayed the harmful sexual behaviour. Support needs to be offered to thechildren, young people and their families via a coordinated, multi-agency, child in needservice plan or Team around the Child (CAF framework). It is important that allinvolved professionals must be invited to the meetings in order to shareinformation and offer a coordinated, multi-agency approach that takes accountof risk to other children and young people.Where possible children and young people have a right to be consulted and involvedin all matters and decisions that affect their lives and the use of interpreter servicesshould be accessed if needed to achieve this. This right and respect extends toparents and carers and their active participation should be promoted.The NSPCC HSB Service may be able to offer a service to children living withinStaffordshire authority in regard to addressing harmful sexual behaviour displayed bya young person. Their referral criteria and contact details are specified in Appendix4.06 Strategy Discussion/MeetingWhen a child / young person is suspected or alleged to have harmed another in asexual way, the Police and Children’s Services must convene a strategy discussion or,in most cases, a strategy meeting within the required timescales. It is not alwaysapparent at the outset whether a particular behaviour is abusive and a strategymeeting is an appropriate forum in which to share concerns before reaching a7

collective way forward. The potential complexities of these concerns usually requirethat the appropriate planning takes place in the form of a meeting.When the children / young people concerned reside in differing local authorities, it isrecommended that the strategy meeting is convened and chaired by the authority inwhich the potentially harmful behaviour occurred. In most cases a combined strategymeeting will be convened to share information in respect of the alleged victim and thechild/young person who is suspected of displaying harmful sexual behaviour. Theprimary aim of any intervention should remain focussed on the protection of the victim,the protection of any other potential victims and the avoidance of repetition of theharmful sexual behaviour.Strategy meetings will be convened and chaired by Children’s Services (social care)and a record of the meeting made. It is important that appropriate representation isinvited from relevant organisations working closely with the child and family, e.g.Designated Child Protection Persons from the schools that all the children attend.The strategy discussion or meeting must plan in detail the respective roles ofparticipants at the meeting. It also must address ‘risk management measures that maybe required within individual organisations, including voluntary and faith. Thediscussion/meeting must take into account the immediate protection of all ofthe children involved and any others in contact with the child/young person whois suspected or alleged to have harmed others sexually.If at this stage no further action is required, all agencies who have been involvedshould be informed of the outcome in writing. The parents or carers of the children willalso be informed of the outcome of the meeting. Parents or carers should nothowever, receive minutes of the strategy meeting(s).07 Outcomes of Section 47 EnquiriesThe decision about initiating a child protection conference should be made followingthe outcome of the section 47 enquiry. A young person who is alleged or suspected tohave displayed harmful sexual behaviour should only be the subject of an initial childprotection conference if they are considered to be at risk of significant harm.If a child protection conference is not convened and there is an identified need forservices to address the needs of the children concerned, a service plan should bedrawn up in consultation with the young person, their parents / carers andprofessionals. The multi-agency service plan should be subject to review and includethe child's need for any work to address their harmful sexual behaviour. Appropriateconsideration should be given to maintaining care and education arrangements.Regardless of whether the process followed is through an initial child protectionconference or a multi-agency service planning meeting, it is important that childrenreceive a level of intervention appropriate to their needs and risk factors.8

Bibliography DOH Children Act 1989 & 2004 HMSO Working Together to Safeguard Children from Harm 2010 Staffordshire Safeguarding Children Board Procedures; www.staffsscb.org.uk Stoke-on-Trent Children Safeguarding Board DOH (2000): Framework for the Assessment of Children in Need and theirFamilies Carson, C & AIM Project (2007):An Initial Assessment & Intervention: For children under 12 years who displaysexually harmful behaviour Johnson, T.C (1999); Understanding Your Child’s Sexual Behaviour - NewHarbinger Publications. Brook Organisation - www.brook.org.uk/about-brook Wilkinson, L. & Carson, C. (2002):Guidelines for the Initial Assessment of Children under 10 years old withProblematic Sexual Behaviour – AIM Project Initial Assessment Manual.9

Appendix 1 – The following 4 pages (Traffic LightTool) must be read in conjunction with the guidanceon www.brook.org.uk/traffic-lights/guidanceThese indicators are a guide and do notreplace, but should assist the exercise ofprofessional judgement10

Appendix 2When looking at harmful sexual behaviour the following should be considered:• The immediate protection of all of the children involved and any others incontact with the child/ young person who is suspected or alleged to havesexually harmed.• Consider the attitude and response of parents or carers and their ability toprotect their own child/ren. Can they ensure appropriate supervision is in placearound other children?The Behaviour:• Did both parties agree to the sexual activity?-Even when those involved are of a similar age; the size, power, level ofassertiveness and authority of the young person alleged to have sexuallyharmed and whether they have a learning difficulty/ disability, mayinfluence the victim’s ability to give informed consent.• Is the sexual activity age appropriate?• How frequently has the behaviour occurred?• Has the type of behaviour changed over time?• Is there evidence of aggression, force, coercion or bribery?• Have the individuals tried to ensure that the behaviour remains secret?The child or young person who has displayed harmful sexual behaviour:• Have there been any previous concerns around harmful sexual behaviour orlack of sexual boundaries?• Whether the child / young person who is alleged to have sexually harmedacknowledges their behaviour or actions, minimises or denies the allegationsmade.• The likelihood or progress of any criminal prosecution.• Whether there is any evidence or grounds to believe that the child or youngperson who is suspected or alleged to have sexually harmed, has also been thevictim of abuse themselves.The Victim:• What is the age, vulnerability and impact on the victim?• Need to consider the victims needs separately.15

Appendix 3PROCEDURE FOR INTERVENTIONS FOR CHILDREN AND YOUNGPEOPLE WHO DISPLAY SEXUALLY HARMFUL BEHAVIOURInformation concerning harmful sexual behaviouror sexual offence by a child or young personAppropriate advicegiven to familyand/orprofessionalsInform relevant Children’sService Referral Team(appendix 5) or the MASH101Referral passed to areasocial work team forStrategy DiscussionStrategyMeeting/discussion re s47investigation. Differentsocial workers allocatedto victim and the childwho has allegedly harmedsexually. Protection ofvictim and other childrenmust be consideredMulti-agencymeeting – completechild in need CoreAssessment or CAFCoreAssessmentscompletedNo furtheractionIndividual agencies tocomplete appropriaterisk assessments/riskmanagement plansInitial ChildProtectionConferenceChildProtection PlanService Plan/CAF/MASTAppendix 416

Introduction & OverviewOfHarmful Sexualised Behaviour Service, NSPCC Service Centre,Carole House,213 Basford Park Road, Newcastle – Under – Lyme, ST5 0PGThe Harmful Sexual Behaviour (HSB) Service, based at NSPCC Service Centre,Carole House, Stoke-on-Trent offers individual assessment and treatment of HSB toyoung males, between the ages of 12 – 18 years.Young males, who are referred to the NSPCC Service Centre, will be assessed bypractitioners from the HSB Service using the AIM 2 Assessment. The AIM 2assessment is designed to assist in the assessment of young males of mainstreameducational ability, aged between 12 and 18 years, who are known to have presentedproblematic sexual behaviour or where harmful sexual behaviour has occurred. Theprocess of assessment is focused on the four domains of; development, family,environment and sexual and non-sexual harmful behaviours.The assessment focuses on issues which are evidentially linked to the risk of harmfulsexual behaviours, as well as considering factors such as lack of empathy and qualityof relationships which are shown to have impact on the likelihood of further HSB. Aswell as working with the young person, practitioners will work with parents/carers inorder to establish a cleared understanding of the young person, their background,significant experiences which may contribute to the behaviours which attributed totheir referral to the NSPCC.Following AIM 2 assessment practitioners will provide the young person and theirparents/carers with a report which covers all the aspects of the assessment, alongwith consideration of need with regards to the treatment programme provided by theNSPCC.For young people considered in need of the treatment programme, will be offeredbetween 26 – 30sessions. The HSB treatment programme has two broad aims. Thefirst aim is to help young males develop strategies so that they do not sexually harmothers and are able to have healthy sexual relationships in the future. Secondly, thetreatment will help young people deal positively with problems and enhance their selfesteem.The treatment will enable young people to build constructive behaviour. Focusing onstrengths rather than apportioning blame, the treatment sessions draw togetherclinically established approaches and address the young person’s thoughts, feelingsand behaviours.17

Young people not considered as in need of treatment intervention, following the AIM 2assessment can occasionally be provided with some individual sessions focused onspecific issues which may require additional support. Intervention with young peoplereferred to the HSB service seeks to help young people understand and move on fromnegative experiences, which they may have encountered during their life.The HSB team works closely with key agencies including Children and Familiesservices, Education, Police and Youth Offending Services, in order to ensure that amulti-agency approach is in place whilst working with this group of young people andtheir families/carers .Referrals to the HSB service can be made by contacting the NSPCC Service Centre.Young people considered as appropriate referrals to the HSB service are as follows;• Boys and young men (aged 12 –18) who have displayed harmful sexualbehaviour• Boys and young men who do not have a diagnosed learning disability• Boys and young men who may have a diagnosed learning difficulty, butwhose levels of comprehension enables them to manage written workwhich would be considered to be within the remit of ‘main stream’education.• Referrals are taken from all Children’s Service Teams, Youth Offendingand Educational Provisions within the Staffordshire and Stoke-on-Trentareas, where the young person meets the above criteria.Contact Details:NSPCC Service Centre,Carole House,213 Basford Park Road,Newcastle – Under – Lyme,ST5 0PGTel: 0844 892 027318

Appendix 5Contact detailsChild living in Stoke-on-Trent Local Authority:ART (Advise and Referral Team)Children & Young People’s Services Vulnerable Children and Corporate ParentingSwann HouseBoothen RoadStoke on TrentST4 4SYTel. 01782 235100Fax. 01782 235457Emergency Duty Team (EDT) (outside office hours) - 01782 2342340Stoke-on-Trent Safeguarding Children Board Procedures:www.safeguardingchildren.stoke.gov.ukChild living in Staffordshire Local AuthorityFirst Response TeamMulti Agency Safeguarding Hub (MASH)Lindum HouseStoneStaffordshireST15 0SDTel. 0800 1313 126Emergency Duty Team (outside office hours) – 0845 6042886Fax 01785 854223e-mail firstr@staffordshire.gov.ukStaffordshire Safeguarding Children Board:www.staffsscb.org.ukStaffordshire Police – Staffordshire and Stoke-on-TrentTel. 101 and ask for M.A.S.H. (Multi-agency safeguarding hub)Alternative phone number for Police (April 2012) 0300 123 4455 but this willreplaced by the 101 number in due course.be19