Briefing Note for Dundee Protocol - Child Protection in Angus

13 Pages·2012·0.08 MB·English

ANGUS CHILD PROTECTION COMMITTEE

working together
to protect children
in Angus

UNDERAGE SEXUAL ACTIVITY
INTER AGENCY PROTOCOL

August 2012
Underage Sexual Activity Protocol

The National Context

Under age sexual activity and child protection

National Guidance requires that Local Child Protection Committees should have
protocols for staff that:

 set out guiding principles on practice;
 ensure practitioners are familiar with the criteria set out in the Scottish
Government guidance, Under-age Sexual Activity: Meeting the Needs of
Children and Young People and Identifying Child Protection Concerns; and
 provide guidance for practitioners as to what they can/should do on the basis
of their assessment.

It is recognised that Increasing numbers of young people are engaging in a range of
sexual activity before the age of 16. The reasons behind this behaviour vary
considerably. In some cases, the activity will be wholly consensual; in others it will
happen in response to peer pressure or as the result of abuse or exploitation. Young
people who are sexually active will, therefore, have differing needs, and therefore
services and practitioners must provide a range of responses. National guidance
provided by the Scottish Government covers the legal issues and advises
practitioners how they can strike a balance between assuring the freedom of young
people to make decisions and protecting them from activity which could give rise to
immediate harm and/or longer-term adverse consequences.

The law is clear that society does not encourage sexual intercourse in young people
under 16. However, it does not follow that every case presents child protection
concerns and it is important that a proportionate response is made. If there are no
child protection concerns, there may still be needs to be addressed either on a single
agency or multi-agency basis.

However, National Guidance specifies that child protection measures must be
instigated:

 if the child is, or is believed to be, sexually active and is 12 or under;
 if the young person is currently 13 or over but sexual activity took place when
they were 12 or under; and
 where the “other person” involved is in a position of trust in relation to the
young person.

When a practitioner becomes aware that a young person is sexually active or is likely
to become sexually active, they should undertake an assessment of risks and needs
so that the appropriate response can be provided. The practitioner has a duty of care
to ensure that the young person's health and emotional needs are addressed and to
assess whether the sexual activity is of an abusive or exploitative nature. This
process may not always be straightforward, so it will require sensitive handling and
the use of professional judgement.
August 2012
Range of responses

Depending on the outcome of the assessment process, there are several courses of
action that could be taken. However, in all situations the consideration of the five
GIRFEC questions should form the basis of the response:

 What is getting in the way of this child’s or young person's well-being?
 Do I have all the information I need to help this child and young person?
 What can I now do to help this child and young person?
 What can my agency do to help this child and young person?
 What additional help, if any, may be needed from others?

The level of response will depend on how practitioners assess the level of risk to the
young person. National guidance provides indicators of potential risks (Appendix 1).
The response, and level of information shared, will be different depending on whether
there is a child protection concern or whether there are other concerns for the
well-being of the young person. However, the overriding principle should be that
the rights to confidentiality of children and young people should be respected
unless there is a child protection concern.

August 2012
Angus Protocol:

The Angus Protocol produced under the auspices of the Angus Child Protection
Committee will put in place local multi-agency arrangements for responding to
concerns regarding the sexual activity of young people which are consistent with the
principles of National guidance and take proper account of relevant legislation.

The Purpose of the Angus Protocol is to ensure that local practice:

 Is consistent with National Guidance and legislation;

 Takes account of the principles of GIRFEC;

 Allows for early identification and provision of support to those young people
who require it;

 Gives consideration to the particular needs and circumstances of the young
people concerned;

 Supports agency staff in their assessment and response to such cases;

 Allows for, and encourages, appropriate, proportionate and consistent
decision-making in such circumstances;

 Ensures that clear processes are in place at local level to ensure that
appropriate action to meet the needs of the child and young person;

 Is attentive to the issues of confidentiality and information-sharing;

 Helps to ensure that where significant risk to children or young people is
identified there is a clear route to achieving the necessary agency
interventions.

The Angus Protocol provides:

 Flow charts (Appendix 2) for
 Automatic sharing of concerns
 Young person who might be at risk of harm aged 13-16 years
 Young person not at risk of harm

 A list of local resources and services available to young people who are
sexually active (Appendix 3)

 Agencies who have risk assessment tools (Appendix 4)

 Links to other local protocols on related matters such as protection of
vulnerable persons, sexual exploitation and child trafficking.

August 2012
This Protocol was compiled by a multi-agency Short Life Working Group

Dr Joy Mires (Chair) Designated Doctor Child Protection NHS Tayside
Isla Barton Sexual Health Service, NHS Tayside
Mark Freedman Action for children
Caroline McLean Co-ordinator (Corner), NHS Tayside
Tracey Stewart Dundee City Council Education Department
Alison Myles Cair Scotland
Carrie Ballantine Cair Scotland
Fiona McGrath Young person link worker (Corner) NHS Tayside
Kirsty Howell Cair Scotland
Racheal Burn Children's Reporter, Dundee City Council
DI Gary Ogilvie Tayside Police
Brian Stevenson Resource Manager, Dundee City Council
Mangeet Gill The Corner

August 2012
Appendix 1

INDICATORS OF POTENTIAL RISKS

If a professional feels that there are concerns around the young person’s sexual
behaviour, the indicators set out below can help the practitioners decide on the
appropriate response and whether information needs to be shared. What follows is a
non-exhaustive list of some of the typical factors that may indicate a child protection
concern and help practitioners determine risk and need. It is not intended to be used
as a checklist but forms the basis of a risk assessment: depending on the specific
situation, not all of the areas identified will require exploration.

The child and young person

Is the child under the age of 13 or did the sexual activity take place when the young
person was under 13?

Did the young person understand the sexual behaviour they were involved in?

Did the young person agree to the sexual behaviour at the time?

Did the young person’s own behaviour – e.g. use of alcohol or other substances –
place them in a position where their ability to make an informed choice about the
sexual activity was compromised?

Was the young person able to give informed consent? (e.g. mental health issues,
learning disability or any other condition that would heighten the young person’s
vulnerability)

The relationship

Was there a coercing power or any other relevant imbalance present in the
relationship? (e.g. differences in size, age, material wealth and/or psychological,
social, intellectual and physical development – in addition, gender, race and levels of
sexual knowledge can be used to exert power). It should not automatically be
assumed that power imbalances do not exist for two young people similar in age or of
the same sex.

Were manipulation, bribery, threats, aggression and/or coercion, involved? (e.g. was
the young person isolated from their peer group or was the young person given
alcohol or other substances as a dis-inhibitor etc.)

The other person

Did the other person use ‘grooming’ methods to gain the trust and friendship of the
young person? (e.g. by indulging or coercing the young person with gifts, treats,
money etc; by befriending the young person’s family; by developing a relationship
with the young person via the internet.)

Did the other person attempt to secure secrecy beyond what would be considered
usual in teenage sexual activity?

August 2012
Was the other person known by the practitioner to be or have been involved in
concerning behaviour towards other children and young people?

Was the other person in a position of trust?

Other factors

Was the young person, male or female, frequenting places used for prostitution?

Is there evidence of the young person being involved in sexual exploitation or the
making of pornography?

Was the young man frequenting places where men have sex with men in
circumstances where additional dangers, e.g. physical assault, might arise?

Is there evidence of the young person being moved to/assisted to travel to other
geographical area to take part in sexual activity? (either within Scotland, the UK or
abroad)

Were there other concerning factors in the young person’s life which may increase
their vulnerability? (e.g. homelessness)

Did the young person deny, minimise or accept the concerns held by practitioners?

August 2012
Appendix 2

Underage Sexual Activity - Flowchart 1 - Automatic Sharing of Concerns

Undertake Risk A ssessment

You must share concerns in the following cases

 If the child is under 13 years

 If young person > 13 years but sexual activity

took place when 12 years or under

 Evidence of pornography, exploitation or

trafficking(internal or cross border)

 If ‘other person’ is in a position of trust

 Young person at risk of immediate harm

 High Concerns regarding risk of harm

Inform Line

Manager

Where appropriate

Seek permission of child and young

person to share concern

Permission to share given – Agreement to share not given –
Contact: Public Protection Unit Contact Public Protection Unit
Bellevue House Bellevue House
Tel: [phone] Tel: [phone]
An IRD (Initial Referral An IRD (Initial Referral Discussion)
Discussion) will be arranged will be arranged

Document in child / young
Inform child / young person of course
persons file as per agency
of action
guidance

Follow up referral in writing as per
agency guidance

 If you feel a child protection order (CPO) is required contact PPU/Social Work and Health,
Child Protection Team immediately
Underage Sexual Activity - Flowchart 2 - Young Person might be at Risk of Harm
Aged 13-16years

Undertake Risk Assessment as
per agency Tool

Concerned young person’s behaviour and / or

relationship could be putting then at risk of harm

Seek guidance from your line manager and decide

whether further action needed

Document in young p ersons file as per agency
gu idance

No further action
 Follow flow chart 3 If still concerned
 Inform young person about the
need to speak to other
practitioners.
 Seek young persons consent if
possible

 Share appropriate information

with other practitioners

 If required seek advice from

other services and agencies to

assist decision making

Young person is at risk of

Young person not at risk of harm

harm

Follow flow chart 1
Share concerns with police if
concerns about young persons

sexual partner
Underage Sexual Activity
Flowchart 3 – Young Pers on Not at Risk of Harm

Undertake Risk Assessment as per agency

tool

Sexual behaviour is consensu al and is not abusive or
exploitive – advice can be soug ht from your line manager

Document in young person’s file as per agency guidance

Upho ld con fidentia lity rights of the young person
No concerns Some concerns about young
person’s behaviour e.g.
 Use of drugs/alcohol.
 Environment where
they seek sexual
contact.
If qualified, provide If not qualified, sign Provide Seek permission to
advice/treatment as post young person advice/treatment refer young person
required to appropriate local within own agency if to appropriate
services (list appropriate. clinical or support
attached). services. If no
permission given
then signpost to
appropriate service
(list attached)