This document
has been produced by the National Centre for Policing Excellence
(NCPE) on behalf of the Association of Chief Police Officers (ACPO).
The NCPE was established by the Police Reform Act 2002. As part
of its remit the NCPE is required to develop policing doctrine,
including guidance, in consultation with ACPO, the Home Office and
the Police Service.
Guidance
produced by the NCPE should be used by chief officers to shape police
responses to ensure that victims, children and the general public
experience consistent levels of service. The implementation of all
guidance will require operational choices to be made at a local
level in order to achieve the appropriate police response.
The
priorities of the Police Service in responding to child abuse and
neglect are as follows:
-
To
protect the lives of children and ensure that in the policing
of child abuse the welfare of all children is paramount;
-
To
investigate all reports of child abuse and neglect and to protect
the rights of child victims of crime;
-
To
establish investigating child abuse and safeguarding children
as a mainstream policing activity;
-
To
take effective action against offenders so that they can be
held accountable, through the criminal justice system, while
safeguarding the welfare of the child;
-
To
adopt a proactive multi-agency approach to preventing and reducing
child abuse and neglect.
The legal
obligations, which underpin the above priorities, include the duties
within the United Nations Convention on the Rights of the Child,
the Human Rights Act 1998 and the European Convention on Human Rights
(ECHR) to protect life and to protect individuals from inhuman and
degrading treatment, as well as other legislation such as the Children
Act 1989 and the Children Act 2004.
Both the
Convention and other legislation, such as the Race Relations Act
1976 (as amended), place a clear responsibility on public authorities
to fulfil these obligations without discriminating on any grounds.
Inquiries into child deaths and homicides such as the Victoria Climbié
Inquiry Report (2003) demonstrate the necessity for all victims
of child abuse to receive the appropriate quality of service according
to their individual needs. All allegations should be properly investigated
and, where possible, offenders held accountable through the criminal
justice system, without discrimination.
Chief officers
should establish and implement policies which ensure that the police
response to child abuse and neglect fully supports and achieves
these priorities. This requires all police staff to be confident
in identifying child abuse and in responding appropriately, and
for subsequent criminal investigations to be undertaken by specialist
investigators. In achieving these priorities and fulfilling these
obligations, partnership working with both criminal justice agencies
and other statutory and voluntary sector services is essential.
The Bichard Inquiry Report (2004) established the importance of
managing intelligence, information and information systems relating
to child abuse, and the appropriate sharing of information and intelligence.
The purpose
of this guidance is to provide the Police Service with clear information
about investigating child abuse and neglect, and safeguarding children.
It provides operational and tactical advice to all staff to ensure
that child abuse investigation is not perceived as something different
from the investigation of other forms of serious crime. Management
issues are summarised at the end of each section. The guidance is
structured to follow the pattern of reporting, responding to and
investigating child abuse. It also contains specific advice about
the role of Child Abuse Investigation Unit (CAIU) officers and their
supervisors. The term Child Abuse Investigation Unit (CAIU) has
been used in this guidance because it reflects the fact that the
officers in these units are investigating serious crime. The guidance
provides an outline of multi-agency responsibilities in protecting
children and gives a reference section describing the roles and
responsibilities of each agency.
This guidance
should be read in conjunction with Working Together to Safeguard
Children (1999), What To Do If You’re Worried A Child Is Being
Abused (2003) and Safeguarding Children: Working Together for Positive
Outcomes (2004). The Framework for the Assessment of Children in
Need and their Families (2000) provides comprehensive guidance to
agencies for carrying out assessments of children and their families.
For
chief officers the following strategic issues emerge from the guidance:
-
Implementing
a comprehensive force policy that incorporates the Guidance
on Investigating Child Abuse and Safeguarding Children and which
works alongside associated policies;
-
Ensuring
that the investigation of crime against children is as important
as the investigation of any other form of serious crime and
eradicating any suggestion that the investigation of child abuse
is of a lower status than other forms of policing;
-
Developing
information systems which support information sharing both within
the Police Service and with other agencies;
-
Focusing
on police responsibility for the investigation of child abuse
and fulfilling its role in the criminal justice system to ensure
that offenders are held to account;
-
Ensuring
that the training needs of staff are met through the adoption
of the forthcoming Centrex Modular Training Programme for Child
Abuse Investigation and Safeguarding Children and other relevant
national and local training initiatives;
-
Ensuring
the effective supervision of all aspects of policing child abuse.
Please note
that at the time of publishing this guidance, the full provisions
of the Children Act 2004 have not been implemented. Where relevant,
reference is made to both the current and proposed structural arrangements
for safeguarding children. For example the Area Child Protection
Committee (ACPC) and its successor the Local Safeguarding Children
Board (LSCB) is referred to as ACPC/LSCB.
Section
1
DEFINITIONS,
IDENTIFICATION AND ASSOCIATED INVESTIGATIONS
This section outlines the ways in which child abuse and neglect
and concerns about children come to the attention of the police.
It includes information about general reports made through the command
and control system, those made directly to the Child Abuse Investigation
Unit (CAIU) or through intelligence systems. This section also links
other associated investigations to child abuse. It is relevant for
all police officers and police staff who may receive a report of
an incident involving a child, or who deal with situations which
may indicate concerns about a child.
1.1
DEFINITION OF CHILD ABUSE
For further information
on defining child abuse, see Working Together to Safeguard Children
and What To Do If You’re Worried A Child Is Being Abused and
Safeguarding Children: Working
Together for Positive Outcomes.
In this
section a number of terms are defined in order to provide a comprehensive
understanding of the meaning of the terms child abuse and neglect.
In the context of this document, the term child abuse includes neglect.
1.1.1
A CHILD
A child is defined by
section 105 Children Act 1989, as any person under the age of 18
years.
1.1.2
ABUSE AND NEGLECT
Somebody may abuse or
neglect a child by inflicting harm or by failing to act to prevent
harm. Children may be abused in a family or in an institutional
or community setting. This can be by those known to them or, more
rarely, by a stranger.
1.1.3
PHYSICAL ABUSE
Physical abuse may involve
hitting, shaking, throwing, poisoning, burning or scalding, drowning,
suffocating, or otherwise causing physical harm to a child. Physical
harm may also be caused when a parent or carer fabricates or induces
illness, or deliberately causes ill health to a child in their care.
1.1.4
EMOTIONAL ABUSE
Emotional abuse is the
persistent emotional ill-treatment of a child which causes severe
and persistent adverse effects on the child’s emotional development.
It may involve conveying to a child that they are worthless or unloved,
inadequate, or valued only in so far as they meet the needs of another
person. It may, as in some cases of domestic violence, involve causing
children to feel frightened or in danger and includes the exploitation
or corruption of children. It may feature age or developmentally
inappropriate expectations being imposed on children. Some level
of emotional abuse is involved in all types of ill-treatment of
children, although it may occur alone.
1.1.5
SEXUAL ABUSE
Sexual abuse involves
forcing or enticing a child or young person to take part in sexual
activities whether or not the child is aware of what is happening.
It may involve physical contact including penetrative or non-penetrative
acts. It may include non-contact activities, such as involving children
in looking at child abuse, or involving them in the production of
such images, watching sexual activities, or encouraging children
to behave in sexually inappropriate ways.
Myths, stereotypes,
assumptions about particular cultures and fear of being accused
of racism should not divert officers from noting and acting upon
signs of child neglect or ill-treatment. No cultural or religious
heritage takes precedence over standards of childcare embodied in
law.
1.1.6
NEGLECT
Neglect
is the persistent failure to meet a child’s basic physical
and/or psychological needs, likely to result in the serious impairment
of the child’s health or development. Neglect may be committed
by a parent or other person legally liable to maintain a child (including
the legal guardian). Any of these persons shall be deemed to have
neglected the child in a manner likely to cause injury to the child’s
health if they have failed to provide adequate food, clothing, medical
aid or lodging, or if having been unable to provide such food, clothing,
medical aid or lodging, they have failed to take steps to procure
any of these things. Neglect also includes failing to protect a
child from physical harm or danger, the failure to ensure access
to appropriate medical care or treatment and the neglect of, or
unresponsiveness to, a child’s basic emotional needs.
For criminal
neglect, there must be evidence that it was ‘wilful’,
which in this context means deliberate or reckless. Although there
is no definable threshold for when a minor neglectful act becomes
a criminal offence, each single incident must be examined in the
context of other acts or omissions and the possibility of a criminal
offence should be considered. There will be occasions when the issue
is one of poor parenting and/or lack of knowledge of the carer rather
than a deliberate and wilful act.
The decision
to record wilful neglect as a crime should be made in the light
of all available evidence and other information. If on the balance
of probabilities it is more likely than not that the incident is
the result of a criminal act, then a crime should be recorded, in
accordance with the National Crime Recording Standards (NCRS). Where
the report is not initially recorded as a crime (because it does
not meet the NCRS criteria for recording) an auditable incident
report should be registered. For further information, see ACPO (2001)
National Crime Recording Standards. Where a prosecution does not
result from the investigation, any records and other information
should be retained since these may assist any future investigation
and provide evidence to support any future prosecution.
1.1.7
SIGNIFICANT HARM
The Children Act 1989
introduced the concept of significant harm in order to assess the
need for compulsory intervention in family life in the best interests
of children. Under section 47 of the Children Act 1989 the local
authority has a duty to make enquiries, or prompt enquiries to be
made, where it has reasonable cause to suspect that a child is suffering
or is likely to suffer significant harm. The enquiries should enable
the local authority to decide whether they should take action to
safeguard the child and promote the child’s welfare.
There are
no absolute legally or medically defined criteria on which to rely
when judging what constitutes significant harm, although Working
Together to Safeguard Children contains more detailed guidance about
establishing significant harm. Sometimes a single traumatic event
may constitute significant harm, eg, a violent assault, suffocation
or poisoning. However, significant harm is more often a compilation
of events which together constitute significant harm, but which
alone may appear unimportant. Some children live in family and social
circumstances where their health and development are neglected.
For these children, it is the corrosiveness of long-term emotional,
physical or sexual abuse that causes impairment to the extent of
constituting significant harm.
Section
120 of the Adoption and Children Act 2002 (which is yet to be implemented)
amends section 31 of the Children Act 1989 to include the following
in the definition of harm: ‘impairment suffered from seeing
or hearing the ill-treatment of another’, eg, witnessing domestic
violence. Although section 31 relates specifically to court orders,
the extended definition should be applied throughout the Children
Act 1989, including the definition of harm, as a matter of consistency.
For information about risk factors in child abuse cases, see 3.16
Risk identification.
The contact
which all police officers have with members of the public provide
them with opportunities to identify concerns about children and
trigger the appropriate multi-agency response to ensure their protection.
1.1.8
CHILD IN NEED
Where significant harm
or the likelihood of it is not apparent, the local authority may
still have a duty under section 17 of the Children Act 1989 to safeguard
and promote the welfare of children within their area who are in
need by providing a range and level of services. Although the police
do not have a formal role in providing services to children in need,
if a police officer suspects that a child is in need, details of
that child should be sent as a notification to the CAIU. The child
should also be referred to social services to ensure that action
is taken to safeguard the child.
Suspected
or actual child abuse can come to police attention from a number
of sources including victims, witnesses, health services, social
services or education professionals, anonymous reporters or by police
officers identifying concerns about children through routine contact
with the public. These reports will usually refer to ongoing concerns
for children and occasionally there will be emergency calls reporting
a violent incident in progress.
The investigation
begins with the receipt of a report of child abuse. Officers and
police staff should establish as much detail as possible to support
a thorough investigation. A victim or witness making a report of
child abuse may not identify it as such. This requires that officers
and police staff ask relevant questions to identify reports clearly
as child abuse. When an emergency call relates to an incident in
which the suspect has left the scene, a description should be circulated
and every effort made to locate them.
All reports
of child abuse should be recorded in compliance with the ACPO (2001)
National Crime Recording Standards. For more information on National
Crime Recording Standards.
All children
have a right to protection from all forms of violence and exploitation
and to expect that the police will protect and help them. All police
officers have a duty to identify, and refer to social services,
children and families who may require access to the wide range of
services and support which are available to prevent problems from
developing into abuse.
Where there
is a risk that a child is suffering or is likely to suffer significant
harm, or if there are other concerns for the welfare of a child,
it is the responsibility of the police to refer details of the child
to social services.
Concerns
about the safety of a child may arise from circumstances not explicitly
reported as child abuse and from reports relating to other matters.
In the following
types of investigation there are likely to be child abuse issues.
They should be fully investigated to ensure the welfare of the child
and a notification should be sent to the CAIU and, where appropriate,
a referral made to social services. For more information about notifications,
see 3.19 Notification to the Child Abuse Investigation Unit.
1.3.1
ABUSE, BULLYING OR OFFENDING BY CHILDREN
When children are reported
to be abusing others or offending in other ways, for example, abusing
drugs or alcohol, this should be recognised as a possible indicator
that they are or have been a victim of child abuse. For further
information, see Working Together to Safeguard Children.
Both victims
and child perpetrators of bullying should be recognised respectively
as actual and possible victims of child abuse. All schools should
have policies for dealing with bullying that are intended to resolve
the matter without recourse to legal remedies. This does not preclude
a criminal investigation where criminal offences are an issue. In
such cases, investigating officers should make contact with the
school where further evidence may be available from previous allegations.
Bullying of all kinds should be taken seriously by the police and
investigated with sensitivity for the victim. Children are citizens
who have the same rights as adults to the protection offered by
the criminal law and the expert services of the police.
Checklist
1: Requesting information when taking an initial report of child
abuse
Those
taking an initial report of child abuse should establish the following:
- Identity
and contact details of the person reporting and the capacity in
which they are reporting, eg, neighbour, teacher;
- Nature
of the incident or concern;
- Location
of the incident;
- Location
and identity of the child victim;
- Location
and identity of any suspect;
- Whether
the parties are injured;
- Severity
of any injury and whether medical assistance is required;
- Whether
any other children are present and whether they are safe;
- Location
of other parties (other children and witnesses);
- Whether
any weapons have been used;
- Identities
and details of parties involved, including names (correctly spelt),
sex, dates of birth, home address, telephone numbers;
- Whether
any person present appears drunk or has taken drugs;
- Whether
there is any history of social services involvement;
- Description
of the suspect, if applicable;
- Whether
any court orders apply;
- Whether
there are any special needs, for example, disability or communication
issues;
- Details
of the demeanour of the caller, victim, suspect and witnesses;
- A ‘first
account’ of what the caller says has occurred (recording
it verbatim);
- Details
of the child’s school and general practitioner (GP) if known.
Any concerns
for the welfare of a child should be notified to the CAIU for consideration
of a referral being made to social services. The force should ensure
that information about concerns for the welfare of any child offender
is also communicated to the local Youth Offending Team (YOT). For
further information about YOTs, see 9 Roles and responsibilities
of other agencies.
1.3.2
ANIMAL ABUSE
Where
animal abuse has occurred in a household there is an increased likelihood
that other violence has taken place and that children are at risk
of harm. Animal abuse may also be used by the perpetrator to prevent
victims of abuse from reporting to the police or other agencies.
A child perpetrating cruelty to animals may also indicate that the
child has suffered abuse and/or may be at risk of perpetrating abuse
in the future. For further information, see National Society for
the Prevention of Cruelty to Children (NSPCC) Understanding the
Links: Child Abuse, Animal Abuse and Domestic Violence: Information
for Professionals:
1.3.3
CHILDREN ABUSED BY PROSTITUTION OR SEXUAL EXPLOITATION
Children
involved in prostitution and other forms of commercial sexual exploitation
should be seen primarily as the victims of abuse. The principal
law enforcement effort should be against abusers and those who coerce
children into prostitution and other forms of sexual exploitation.
Officers
should recognise situations in which children are being sexually
exploited or are at risk of sexual exploitation. Such situations
may become apparent to officers carrying out unrelated investigations
or executing search warrants for other matters, for example, drugs.
Research shows that children abused by prostitution or sexual exploitation
are often hidden from public view. Where such a child is discovered
through other police operations, measures should be taken to protect
the child. A notification should be made to the CAIU and every effort
should be made to preserve evidence which could lead to a prosecution
for offences linked to abusing children. Any such child should be
treated as a child in need or a child who may be suffering or is
likely to suffer significant harm. A child identified as being involved
in prostitution or sexual exploitation should be the subject of
a multi-disciplinary strategy discussion to assess how best to ensure
their safety. Officers should also consider the possibility that
a child may have been trafficked in order to sexually exploit them.
Such cases should be dealt with according to the principles and
processes set out in Working Together to Safeguard Children and
Safeguarding Children Involved in Prostitution: Supplementary Guidance
to Working Together (2000) and Department of Health (2001) National
Plan for Safeguarding Children from Commercial Sexual Exploitation.
1.3.4
CHILDREN AND FAMILIES WHO GO MISSING
Child
abuse may be indicated when a child is reported as missing or when
a family or child misses significant appointments, eg, with health
care professionals, and is suspected of having moved out of the
local area without notice. Children who go missing may be at risk
while missing and may have run away to escape abuse. When missing
children are returned, enquiries should be made to discover the
reasons for their disappearance. These enquiries can result in further
concerns about the child. Missing children may also be victims of
child abuse in households where domestic violence exists and this
possibility should be included within any domestic violence investigation.
For further information, see ACPO (2004) Guidance on Investigating
Domestic Violence, Working Together to Safeguard Children and Department
of Health (2002) Children Missing from Care and from Home: Good
Practice Guidance.
1.3.5
CHILD ABDUCTION (INCLUDING PARENTAL ABDUCTION)
This guidance
does not include information about stranger abduction. It is a criminal
offence under the Child Abduction Act 1984 for a person connected
with a child under the age of 16 to take or send that child out
of the UK without the appropriate consent. It is also an offence
under the Act for a person not connected with the child, without
lawful authority or reasonable excuse, to take or detain a child
under the age of 16, or to remove or keep that child from lawful
control. A complaint relating to parental abduction may be reported
directly to the police or through a solicitor. Police should take
immediate action with an ‘all ports’ alert where there
is a real and imminent danger of abduction within the next 24 hours.
For further information, see the manual produced by the National
Ports Office, Child Abduction – a Practical Guide for Police
Officers, which sets out the law and procedures for dealing with
allegations of parental abduction and action to be taken to prevent
the removal of a child from the UK. For further information on immediate
police action, see 3.15 Immediate action in cases of suspected parental
abduction.
1.3.6
CHILD HOMICIDES
Child
homicides should be investigated in accordance with the ACPO (2000)
Murder Investigation Manual (see also 1.3.18 Sudden and unexpected
death of an infant). The investigation of homicide is specialised
and forces should have local policies. The CAIU should either investigate
child homicides or their advice should be sought by the senior investigating
officer (SIO). Investigating officers should make use of the specialist
knowledge and contacts with other agencies that the CAIU has and,
where appropriate, specialist domestic violence officers and coordinators.
Investigators should also seek information from relevant partner
agencies to establish whether there have been previously recorded
concerns about children. The Centralised Analytical Team Collating
Homicide Expertise Management (CATCHEM) database is held at the
NCPE. It holds data on offenders and offences relating to child
homicide and provides a support system for investigating officers.
Section
5 of the Domestic Violence Crime and Victims Act 2004 (expected
to be implemented in April 2005) has introduced a new offence of
causing or allowing the death of a child or vulnerable adult. This
offence could be relevant when two or more carers are responsible
for the death of a child but there is insufficient evidence to prosecute
either one of them.
Child homicides
committed by family members, which perpetrators claim are an attempt
to ‘restore honour’ to a family group, are sometimes
referred to as ‘honour killings’. Officers should note
that use of this term can be misleading as concepts of honour and
other cultural issues are not a defence to homicide or assault.
However, an understanding of the context of the crime will assist
in identifying lines of enquiry. All homicides should be investigated
in accordance with the ACPO (2000) Murder Investigation Manual.
1.3.7
CHILD ABUSE IMAGES AND INTERNET PAEDOPHILIA
For further
information on child abuse images on the internet, see ACPO (forthcoming)
Practice Advice on Investigating Abusive Images of Children on the
Internet. If a report is based on offensive or unlawful communication
between the child and another person, via the internet, the caller
should be advised not to go online or use the computer until it
has been examined for evidence collection. For further information,
see the ACPO (2003) Good Practice Guide for Computer Based Electronic
Evidence. Every police force has nominated a member of staff as
the central point of contact for enquiries regarding the investigation
of online child abuse. A list of force contacts and any further
advice is available from the Paedophile On Line Investigation Team
at the National Crime Squad. See also 1.3.12 Grooming and 3.12 Special
considerations where a computer is involved in the allegations.
1.3.8
DOMESTIC VIOLENCE AND DOMESTIC HOMICIDE
Research
shows that there are significant links between child abuse and domestic
violence. Where one type of abuse exists the other is also likely
to be present. Children who witness domestic violence are exposed
to harm and may also be the victims of direct abuse, see 1.1.7 Significant
harm for details of the definition of harm. Failure to identify
and fully investigate domestic violence could result in failure
to protect the safety and well-being of both child and adult victims.
Officers should be vigilant to indicators of child abuse that may
come to the attention of the police through domestic violence investigations.
When investigating domestic violence cases, officers should also
be alert to concerns for children, including evidence of direct
abuse or neglect and harm suffered by a child who witnesses abuse.
If an adult victim of domestic violence is pregnant, then safeguarding
issues may exist in relation to the unborn child. If a child is
normally resident at an address where there is suspected domestic
violence or a victim of domestic violence is pregnant, officers
should make a notification to the CAIU. The CAIU can then assess
risk of harm and consider referral and information sharing with
other agencies, eg, social services or health services, such as
the midwifery service. Referrals to social services should be made
in accordance with local policy. Also, see 7.2.2 Referrals to social
services. The ACPO (2004) Guidance on Investigating Domestic Violence
provides details of actions to follow if officers suspect domestic
violence against an adult victim.
1.3.9
FABRICATED OR INDUCED ILLNESS
The phenomenon
of parents and carers inflicting harm upon children in their care
by fabricating or inducing illness, and subsequently bringing this
to the attention of medical practitioners for unnecessary investigation
and treatment, is well documented. There are examples of such harm
being inflicted while the child is under medical supervision, including
interference with intravenous lines, suffocation and deliberate
poisoning.
In rare
cases investigations using covert video surveillance have been used.
The safety and health of the child (both long and short-term) is
the overriding factor in the planning and implementation of covert
video surveillance. In such circumstances the decision to use covert
techniques should be taken at a strategy discussion and the police
should take full responsibility for carrying out covert surveillance
operations. Officers planning surveillance in cases of suspected
fabricated or induced illness should seek advice from the National
Centre for Policing Excellence (NCPE) Operations Helpdesk and consult
the confidential document, Suggested Good Practice for the Use of
Covert Surveillance Equipment in a Hospital, which can be obtained
from the Helpdesk. Any use of covert surveillance should be carried
out in accordance with the ACPO (2004) Manual of Surveillance Standards
and the ACPO (2004) Policy for Covert Monitoring Posts, both of
which are held by the National Specialist Law Enforcement Centre
(NSLEC). For more information, see Department of Health (2002) Safeguarding
Children in Whom Illness is Induced or Fabricated by Carers with
Parenting Responsibilities, Supplementary Guidance to Working Together
to Safeguard Children and All Wales ACPC Protocol (2004) Safeguarding
Children in Whom Illness is Fabricated or Induced.
1.3.10
FEMALE GENITAL MUTILATION
Female genital mutilation
(FGM) is the term used to refer to the removal of part or all of
the female genitalia for cultural or other non-therapeutic reasons.
This is extremely painful and has serious consequences for physical
and mental health. It can also result in death. FGM is reportedly
practised in twenty-eight African countries and in parts of the
Middle and Far East. It is typically performed on girls aged between
4 and 13, but can be performed on newborn infants or on young women
prior to marriage or pregnancy. It is not a religious practice and
leaders of all major religions have condemned the practice as unnecessary
and harmful.
Any such
procedure on a woman or girl is unlawful under the Female Genital
Mutilation Act 2003. It is also an offence under the Act for UK
nationals or permanent UK residents to carry out FGM abroad, or
to aid, abet, counsel or procure the carrying out of FGM abroad,
even in countries where the practice is legal. The Act excludes
surgical operations that are necessary for a girl’s physical
or mental health and operations carried out in connection with childbirth.
In assessing a girl’s mental health no account is taken of
any belief that the operation is needed as a matter of custom or
ritual.
Offences
of FGM should be investigated in accordance with Working Together
to Safeguard Children and this guidance. FGM may differ from other
forms of child abuse. For example, despite the severe health consequences,
parents and others who have this done to their children may genuinely
believe that it is in the child’s best interest to conform
to their prevailing custom. They may believe it makes the child
socially acceptable and may not intend it as an act of abuse. There
may be female siblings of any child found to be mutilated who may
also have been mutilated or who may be at risk of FGM.
FGM is usually
practised in the country of origin of the child’s family.
Suspicions may arise in a number of ways that a child is being prepared
for FGM to take place abroad. These include knowing that the family
belongs to a community in which FGM is practiced and are making
preparations for the child to take a holiday, arranging vaccinations
or planning absence from school, and the child may talk about a
‘special procedure’ taking place.
Indicators
that FGM may have already occurred include:
- Prolonged
absence from school with noticeable behaviour change on return;
- Long
periods away from classes or other normal activities, possibly
with bladder or menstrual problems;
- Midwives
and obstetricians may become aware that FGM has been practised
on an older woman and this may prompt concerns for children in
the same family.
Where a
child appears to be in immediate danger of mutilation and the parent
or carer cannot satisfactorily guarantee that they will not proceed
with it, officers should consider the use of police protection powers.
If there is sufficient time, a strategy discussion should take place
during which the use of an emergency protection order or prohibited
steps order should be considered. For further details of these orders,
see 7 Multi-Agency working. If a child has already undergone FGM,
a strategy discussion should be held to assess the implications
for the child and the coordination of the criminal investigation.
Arrangements, which include medical and therapeutic assessments,
should be made to safeguard the child. Particular attention should
be paid to the potential risk to other female children in the same
family.
It is likely
that communities in which FGM is practised reside throughout England
and Wales. All police forces should ensure that arrangements for
information sharing about FGM are included in the ACPC/LSCB procedures.
Officers should not be reluctant to investigate alleged offences
of FGM for fear of being accused of racism. For further information,
see Home Office Circular (10/2004) The Female Genital Mutilation
Act 2003.
1.3.11
FORCED MARRIAGE
A forced
marriage is a marriage conducted without the full and free consent
of both parties. It should not be confused with an arranged marriage,
which has the consent of both parties. Children (female and male)
can be subjected to forced marriages both in this country and abroad.
In forced marriages, family members or spouses may perpetrate abuse,
either by forcing the victim into the marriage or by abusing them
after the marriage. The abuse may be committed by any family member
(male or female) and may or may not include the other party to the
forced marriage. Officers investigating forced marriages should
not engage in community mediation and should identify suitable local
advocacy groups to support victims. For further information, see
Home Office, Foreign and Commonwealth Office and ACPO (2002) Dealing
with Cases of Forced Marriage: Guidelines for Police.
1.3.12
GROOMING
Grooming is the process
of reducing the resistance of a child or their parent or carer to
abuse. This may be achieved through increasing a child’s or
parent’s or carer’s fear of what might happen should
they report the abuse as well as inducing them to believe that the
abuse is acceptable. Grooming may be achieved through personal contact
with the child or the parent or carer or through other means of
communication such as the internet. The Sexual Offences Act 2003
has introduced specific criminal offences that relate to the practice
of grooming and the making of arrangements to commit a child sex
offence. Also, see 3.16 Risk identification.
1.3.13
HISTORIC CHILD ABUSE ALLEGATIONS
Allegations of child abuse
are sometimes made by adults and children a long time after the
abuse has occurred. There are many reasons for an allegation not
being made at the time including fear of reprisals, the degree of
control exercised by the abuser, shame or fear that the allegation
may not be believed. The allegation may be triggered by the person
becoming aware that the abuser is being investigated for a similar
matter or their suspicions that the abuse is continuing against
other children.
Officers
investigating historic child abuse allegations, which are not related
to an institutional setting, should apply the same principles detailed
in the ACPO (2002) Senior Investigating Officer’s Handbook
for the Investigation of Historic Institutional Child Abuse. In
particular, care should be taken to ensure the credibility of a
victim by complying with the handbook’s advice regarding keeping
accurate and timed records of any dialogue with the victim, and
ensuring that approaches to other potential witnesses or victims
are properly managed. See also 1.3.14 Institutional abuse and abuse
of children living away from home and 1.3.15 Organised, complex
or multiple abuse.
1.3.14
INSTITUTIONAL ABUSE AND ABUSE OF CHILDREN LIVING AWAY FROM HOME
Children living away from
home, including foster care, residential care, private fostering,
health settings, residential schools, prisons, young offender institutions
and secure units may be particularly vulnerable to child abuse.
For further information, see Working Together to Safeguard Children
and the ACPO (2002) Senior Investigating Officer’s Handbook
for the Investigation of Historical Institutional Child Abuse.
The Historical
Institutional Child Abuse Database is administered by the Serious
Crime Analysis Section (SCAS) at the NCPE. Police forces can submit
names of suspects and minimal information (including last known
address). This name is then searched across the database to see
if they have been the subject of investigation elsewhere. If so
both police forces are contacted and encouraged to contact each
other to share information or intelligence on that person. If that
person has not been the subject of an enquiry in the past then their
details are entered onto the database to be included in future searches.
Individuals entered onto the database have to be under investigation
but not necessarily charged or convicted of a crime. The database
only retains details of people who have been subject to an enquiry
and contains no information about suspected offences or details
of alleged victims.
1.3.15
ORGANISED, COMPLEX OR MULTIPLE ABUSE
Organised,
complex or multiple abuse occurs as part of a network of abuse across
a family or community and within residential homes or schools. Organised
abuse is defined in Working Together to Safeguard Children and Home
Office and Department of Health (2002) Complex Child Abuse Investigations:
Inter-Agency Issues as:
‘Abuse
involving one or more abuser and a number of related or non related
abused children or young people. The abusers concerned may be acting
in concert to abuse children, sometimes acting in isolation, or
may be using an institutional framework or position of authority
to recruit children for abuse.’
The investigation
of organised abuse is time-consuming and requires specialist skills
from both police and social services. It may also require the assistance
of the NSPCC Specialist Investigation Service, particularly in cases
that involve allegations relating to members of staff from social
services or foster carers, see 9 Roles and responsibilities of other
agencies. For further information, see Home Office and Department
of Health (2002) Complex Child Abuse Investigations: Inter-Agency
Issues. It may also be necessary to consult the NSPCC (2003) NSPCC
Specialist Investigation Service Joint Working Protocol Between
the NSPCC, Police (ACPO) and the Association of Directors of Social
Services (ADSS).
1.3.16
RACIAL HARASSMENT
Children
from black and minority ethnic groups (and their parents) are likely
to have experienced harassment, racial discrimination and institutional
racism. Officers should consider the use of translation or interpretation
services when working with children and families whose preferred
language is not English. For further information, see Working Together
to Safeguard Children.
1.3.17
SEXUAL ABUSE TOURISM
Some sex offenders will
travel abroad to abuse children. In some cases abusers may take
children with them, prearrange access to victims or travel to locations
where they will have ready access to children who are exploited
through the sex industry. Particular countries are attractive as
destinations for abusers due to a low age of consent, tolerance
of sex with children, inadequate legislation, poorly resourced law
enforcement and an established sex industry that includes the exploitation
of children. Other factors influencing travel to specific destinations
include choosing countries where poverty leaves children vulnerable
to exploitation or where children are less physically developed
for their age and appear to be younger. Foreign nationals, not restricted
by British monitoring, may also travel to this country for the purposes
of sexually abusing children.
1.3.18
SUDDEN AND UNEXPECTED DEATH OF AN INFANT
All sudden
and unexpected infant deaths (SUDI) should be investigated in accordance
with the ACPO (2002) Guidelines on Infant Death and relevant local
or national multi-agency protocols. Police action should balance
consideration for the bereaved family with the need to investigate
a potential crime. Sudden and unexpected infant deaths can be reported
to the police after a child dies at home or after a child has been
found unexpectedly ill at home and dies soon afterwards in hospital.
For further information, see Royal College of Pathologists and Royal
College of Paediatrics and Child Health (2004) Sudden Unexpected
Death in Infancy: A Multi- Agency Protocol for Care and Investigation
and All Wales Best Practice Multi-Agency Guidelines for the Management
of Sudden Unexpected Deaths Infants and Children (2004).
1.3.19
TRAFFICKING
People
trafficking is the practice of transporting people into, out of
or within the UK in order to exploit them using deception, intimidation
or coercion. Forms of child exploitation associated with the trafficking
of children include:
- Bonded
labour or servitude;
- Commercial
sexual exploitation;
- Facilitation
of benefit fraud;
- Trade
in human body parts;
- Religious
practices.
Trafficking
is often accompanied by violence or threats of violence against
the victim and their family. For that reason, officers should be
alert to the possibility that victims may not fully cooperate with
an investigation for fear of reprisals. Offenders may also attempt
to abduct or coerce the child while the investigation is ongoing
and while the child is being cared for by the local authority. For
further information, see the ACPO (2005) Practice Advice on the
Use of Immigration Powers Against Crime.
1.3.20
RAPE, SEXUAL ACTIVITY AND PREGNANCY OF A CHILD
Allegations
of sexual activity with a child should be investigated as potential
child abuse even when the child claims to be consenting. The pregnancy
of a child under 16 years of age could provide evidence in a criminal
investigation. In addition to specific offences relating to rape
and sexual activity with a child under the Sexual Offences Act 2003,
it is an arrestable offence under section 2 of the Child Abduction
Act 1984 for a person acting without lawful authority or excuse
to take an unmarried girl under the age of 16 from the possession
of her parent or guardian against his or her will. Where a child
claims to be consenting to sex, a discussion should take place between
the police and social services to ensure that all relevant information
is shared and an informed decision is made about any risk of harm
and how to proceed in the best interests of the child. A child’s
right to a private life and the claim by the child to be consenting
to sex does not affect the duties on agencies to consider the possibility
that a child may be suffering harm and to take appropriate action
to protect the child and any other children at risk of harm. Officers
should consider that there is a correlation between those convicted
of unlawful sexual activity with or rape of, a child and convictions
for other serious sexual offences, particularly when the child was
under the age of 13 at the time of the rape. For more information
about investigating such offences, see 4.9.3 Covert surveillance.
Police may
become aware of child abuse cases through contact made by a representative
from another agency, eg, social services, education or health sector,
or the NSPCC. This information may be received as a documented or
verbal referral, or where another agency is providing information
as part of the child protection process, such as a child protection
conference. Working Together to Safeguard Children states that whenever
social services (or the NSPCC if relevant) encounters or has a case
referred to it which constitutes, or may constitute, a criminal
offence against a child, it should always inform the police at the
earliest opportunity to enable both agencies to consider jointly
how to proceed in the best interests of the child. For further information,
see 7 Multi-Agency working.
When the
police receive a referral from another agency it should be recorded
and subjected to a consistent decision making and risk assessment
process according to local protocols. The process of managing, recording
and assessing referrals and other information relating to child
abuse should be intrusively supervised and audited by an officer
of inspector rank or above.
Other agencies
may have IT based information, referral and tracking systems to
assist in the analysis of information regarding child abuse.
Police IT
systems should have the capability to record information from partner
agencies, decisions made and subsequent action taken, thereby facilitating
an audit process. If the referral indicates that a crime has been
committed, according to ACPO (2002) National Crime Recording Standards,
supervisors should ensure that the incident is investigated and
a crime report is completed. Incidents not identified as a crime
should be retained in police records in the event of any future
concerns for a child, criminal investigations or requests for information
by other agencies. For further information about referrals from
other agencies, see 7 Multi-Agency working.
Any officer
or member of police staff taking details of ongoing child abuse
concerns from an individual should establish the immediate safety
of the alleged victim(s) and seek the information outlined in 1.2
Reporting.
When an
individual wishes to remain anonymous, report takers should attempt
to establish the capacity in which they are calling (for example,
neighbour, acquaintance or health professional), and ask the reason
why they wish to remain anonymous and record this. Report takers
should encourage the caller to call back with any further information
and, where possible, should offer a single point of contact within
the CAIU. Where appropriate attempts should be made to trace anonymous
reporters, using telephone tracing or other methods. Any information
should be sent as a notification to the CAIU and entered into force
intelligence systems.
IDENTIFYING
INFORMATION AND INTELLIGENCE ABOUT CHILD ABUSE
Child abuse often involves
patterns of behaviour and an accumulation of individually minor
abuses that can constitute significant harm. An officer may be presented
with an apparently minor issue which does not in itself cause concern
but which is actually part of a pattern of abuse. It is also possible
that concerns about children that appear to be unconnected are actually
part of a pattern of abuse by either the same offender or different
but connected offenders. Concerns about one child may also lead
to concerns about other children with whom the suspect has contact.
Identifying such patterns depends on careful, accurate and coordinated
record-keeping by the police and other agencies. It also requires
officers to be vigilant to potential child abuse in all areas of
their work.
Criminal
investigations relating to child abuse are the responsibility of
the police. The local authority is responsible for assessments of
children in need under the Children Act 1989 and enquiries relating
to children who are suffering or likely to suffer significant harm.
All information
and intelligence relating to child abuse, including that from other
agencies, should be held centrally within a police force and be
managed by a CAIU supervisor. In consultation with intelligence
officers and analysts, information and intelligence should be examined
regularly to identify patterns and concentrations of behaviour.
Any recent or new information or intelligence should lead to further
assessment. This assessment may require that a particular child
abuse issue is included in patrol officer briefings, or that a particular
suspect or group of suspects are made the subject of target profiling.
Intelligence
relating to child abuse should be captured, assessed, retained and
managed in accordance with relevant national and local guidance.
Failure to record and use such intelligence could significantly
reduce the effectiveness of the police response and endanger children.
The
CAIU should use intelligence and information relating to child abuse
in the following ways:
- To identify
children at risk of harm;
- To identify
risk factors associated with victims and suspects;
- To identify
and target persistent offenders;
- To identify
and target groups of offenders;
- As a
potential indicator of further information on local and national
computer systems;
- To make
links with other investigations, including those relating to child
abuse, domestic violence and missing persons;
- To monitor
the accuracy of child abuse intelligence data;
- For
dissemination to police personnel;
- To produce
statistical information;
- For
information sharing purposes with partner agencies.MANAGEMENT
ISSUES:
- Linking
internal police IT systems and linking with information systems
held by other agencies to ensure the appropriate availability
of information to investigate child abuse and safeguard children,
including making connections between child abuse and other related
issues such as domestic violence (1A);
- Auditing
all connected policing policies to ensure the incorporation of
issues relating to child abuse and safeguarding children (1B);
- Identifying
working links between staff who conduct child abuse investigations
and related investigations such as domestic violence (1C);
- Developing
systems which ensure that notifications, referrals and reports
of concern for children are recorded centrally, subjected to a
consistent decision making and risk assessment process and supervised
by a senior officer (1D);
- Developing
systems to ensure that all concerns for the welfare of children
and safeguarding issues are notified to the CAIU (1E);
- Providing
police officers and police staff with training to ensure that
staff ask relevant questions at the reporting stage and during
the initial investigation to enable them to identify child abuse
(1F).
Section
2
DEPLOYMENT
This section
provides guidance for staff working in police communication rooms
and front desk staff in police stations. It also outlines the information
that should be recorded by report takers and considerations regarding
the deployment of police officers to child abuse incidents. Supervisors
of communication rooms and of front desk staff will also find this
section useful.
2.1
SAFETY ISSUES
The call taker must prioritise
the safety of the caller, victim and any other potential victims,
and give safety or other advice as required. They should:
- Keep
the caller on the line (any background noise from an emergency
call or other taperecorded calls to communications centres could
be used as evidence as well as allowing monitoring of the incident);
- If the
suspect has left the scene, advise the caller to lock and secure
their premises and return to the telephone (where relevant, a
full description of the suspect should be taken and circulated
to officers in the area, eg, in reports of domestic violence incidents);
- Where
the caller is a child, only ask sufficient questions to gain essential
information for the deployment of officers.
2.2
CONFIRMATION OF INFORMATION IN EMERGENCY CALLS
Full details
of the incident and all parties involved should be recorded and
flagged on the incident log in line with local policy. Protection
of children is the duty of the police. Concerns for the safety of
officers attending an incident should not preclude deployment to
assure the protection of a child.
Checklist
2: Information gathering
Call
takers should seek, record and disseminate the following information:
- Location
and identity of the caller;
- Identity
and details of the victim and any other children including names
(correctly spelt), sex, dates of birth, home addresses, telephone
numbers and whether they are safe;
- Identity
of other parties involved including the suspect;
- Location
of the incident;
- Location
of the suspect and victim;
- Whether
anyone is injured and location and nature of injuries;
- Severity
of any injuries and whether medical assistance is required;
- Whether
any weapons have been used;
- Whether
any weapons are available to the suspect;
- Whether
communication or language issues exist and whether officers will
require an interpreter in a particular language;
- Whether
there are any special needs, for example, disability;
- Description
of the suspect;
- Whether
any court orders apply;
- ‘First
account’ of what the caller says has occurred (recording
it verbatim);
- Details
of school and general practitioner if known;
- Details
of the demeanour of the caller, victim, suspect and others present,
and background noise (including shouting and words spoken);
- Details
of attempts made to trace anonymous callers, eg, telephone tracing.
Checklist
3: Deployment
After
despatching officers to the scene, call takers should undertake
the following:
- Ensure
that an ambulance is en route if required;
- Ensure
that support (‘back up’) is available for the officer
attending the incident if necessary;
- Inform
the caller that officers have been despatched;
- Make
checks of IT and/or paper-based systems for previous reported
incidents, especially those involving children, eg, Police National
Computer (PNC), bail conditions, civil injunctions, court orders
relating to child contact, child protection intelligence systems;
- Make
checks of the child protection register, in accordance with local
protocols and, if necessary, by direct contact with the relevant
social services department;
- Inform
the officer(s) of the following:
-
Whether those children present or others who normally reside
at the address are on the child protection register,
-
Any relevant history of domestic violence or child abuse (eg,
injunctions or child contact restrictions),
-
A description of the suspect, where necessary,
-
That supervisors are aware of the incident in accordance with
local policy,
-
Other factors that may affect the police response such as
potential communication difficulties arising from language
or disability;
- Inform
the caller when officers have arrived at the scene so that they
can be safely admitted to the premises.
2.3
PRESERVATION OF EVIDENCE IN EMERGENCY CALLS
As soon
as the call taker has established that the victim is safe, they
should give the caller basic advice about preserving the crime scene
until the police arrive. This should include:
- Not
moving anything (and not allowing others to do so);
- Not
cleaning up or tidying the house;
- Not
washing or taking a shower;
- Not
changing clothing;
- Not
allowing children, relatives, neighbours or animals to enter areas
where the reported incident took place.
2.4
RESOURCE DEPLOYMENT
When despatching officers
to an incident where child abuse is suspected, the call taker or
control room staff should ensure that sufficient information is
made available to those attending.
2.5
REPORTS OF SUDDEN AND UNEXPECTED DEATH OF AN INFANT
Where
a report is received of the sudden and unexpected death of an infant,
the call taker should be aware of the effect their responses may
have on a bereaved parent or carer. Call takers should undertake
the following actions in addition to those outlined in Checklist
3:
- Request
urgent medical assistance;
- Arrange
for a detective officer of at least inspector rank to attend the
scene to take charge of the investigation, in accordance with
local policy;
- If a
detective officer of at least inspector rank is not immediately
available despatch officers to the scene, taking into account
the impact of this on a bereaved family and where possible sending
non-uniformed officers in an unmarked police car. For further
information, see 1.3.18 Sudden and unexpected death of an infant.
MANAGEMENT
ISSUES:
Developing
policies that indicate how frequently supervisors should monitor
child abuse related calls to ensure that adequate resources are
deployed and that callers are dealt with appropriately (2A);
- Monitoring
the accuracy of call grading according to local call grading policies
(2B);
- Monitoring
child abuse incidents to ensure that they are flagged correctly
at call handling stage (2C);
- Ensuring
that the child protection register and other relevant information
and intelligence is available to control room staff (2D);
- Providing
training to police staff taking child abuse reports (2E).
SECTION
3
FAST
TRACK ACTION
This section
provides information which is relevant to officers responsible for
fast track actions or first response to a report of child abuse.
3.1
DUTY TO PROTECT CHILDREN
The Human
Rights Act 1998 places positive obligations on police officers to
take reasonable action, within their powers, to safeguard the rights
of children. These include the right to life (Article 2, ECHR),
right not to be subjected to torture or inhuman or degrading treatment
(Article 3, ECHR) and the right to private and family life (Article
8, ECHR). Failure to exercise police powers relating to protecting
children, investigation and/or arrest may leave a victim at risk
from further offences and expose the police force to the possibility
of legal challenge. The UK has undertaken to protect the fundamental
human rights of children by signing a number of international instruments
including the United Nations Convention on the Rights of the Child
(ratified by the UK Government in 1991) which is based on the premise
that children (all human beings below the age of 18) are born with
fundamental freedoms and the inherent rights of all human beings.
The requirement
for action in child abuse cases creates obligations at every stage
of the police response. These obligations extend from initial deployment
and the response of the first officer on the scene, throughout the
whole process of investigation and include the multi-agency process
for the protection and care of children. A thorough investigation
should be completed in all cases where child abuse is reported,
even when a victim statement is not available. Officers should also
ensure that their actions and decision making (including cases where
actions are considered unnecessary or disproportionate) are recorded
in detail.
3.2
REPORTS OF ANY INCIDENT THAT PROMPTS CONCERNS FOR CHILDREN
Officers
attending any incident should be prepared to identify issues that
affect the safety and welfare of children. This is especially relevant
in dealing with incidents where violence has occurred, eg, domestic
violence, but may also apply in less obvious circumstances such
as reports of antisocial behaviour or neighbour nuisance. The consideration
of the welfare of children is also particularly important when dealing
with incidents in settings where children may reasonably be found,
such as residential areas, recreation grounds and school premises.
Officers should consider whether the incident is one in a series
of related incidents, not all of which may have been previously
reported.
In
all incidents on private premises, officers should be alert to indicators
that children may be present. Obvious examples may be the presence
of:
- Toys,
games, bicycles or other play equipment;
- Tapes,
videos or CDs intended for children;
- Children’s
clothing, nappies, wipes, towels or bibs;
- High
chairs or foodstuffs intended for children;
- Car
seats, pushchairs or play pens.
Officers
should be able to identify children who may have been harmed physically
or emotionally or who may be at risk of harm, even when dealing
with matters that appear to be unrelated to child abuse.
Officers
should focus efforts from the outset of a child abuse investigation
on gathering alternative evidence in order to charge a suspect and
build a prosecution case that does not rely entirely on the victim’s
statement.
Every child
has a right to equal access to services which provide them with
protection irrespective of their ethnic background and each child
should be treated as an individual with particular needs. Issues
of race and culture and the fear of being accused of racism should
not prevent officers from taking action to protect children.
3.3
POWERS OF ENTRY
Whenever
concern has been expressed about a child, officers should take steps
to see the child with the intention of establishing the child’s
welfare. This should be with the consent of the parent or carer
where possible. Officers may be confronted with circumstances where
it will be necessary to enter premises in order to ensure the protection
of a child, for example, where a parent or carer refuses permission
to see the child and there is concern for the child.
The powers
listed below provide a legal background against which powers of
entry could be exercised. If an offence is reasonably suspected
or there is a reasonable suspicion of harm to a child, an officer
should be acting legally in obtaining entry. It may be that refusal
to allow entry by a parent or carer arouses suspicion that a child
has been harmed and indicates an intention to conceal that harm.
The exercise of powers of entry in order to protect children and
respond to suspicions of child abuse should generally be considered
reasonable within the Human Rights Act 1998. Officers should record
in their pocket notebook their reasons for taking action, eg, explaining
why they considered the exercise of powers of entry to be legal,
necessary and proportionate.
Checklist
4: Powers of entry
- Under
section 17(1)(b) of the Police and Criminal Evidence Act (PACE)
1984, a constable may enter and search any premises for the purpose
of arresting a person for an arrestable offence which will include
assaults occasioning actual or grievous bodily harm and sexual
assault;
- Under
section 17(1)(e) of PACE, a constable may also enter and search
premises for the purpose of saving life or limb or preventing
serious damage to property (in the exercise of police protection
powers if entry to premises is refused, this section may give
adequate powers);
- Under
Common Law a constable has the power to enter premises to prevent
or deal with a Breach of the Peace;
- Under
section 48 of the Children Act 1989, a warrant may be obtained
to search for children who may be in need of emergency protection;
- A record
of all searches should be made in accordance with PACE and PACE
Codes of Practice.
3.4
ESTABLISHING THE WELFARE OF THE CHILD
The priority
in all investigations is the welfare of the child. This requires
an immediate assessment of the need for first aid or other medical
assistance such as an ambulance. In order to fulfil duties to protect
children, officers should establish the welfare of any child present.
3.4.1
SEEING AND SPEAKING TO THE CHILD
Where
there is a possibility of harm or risk of harm to a child, every
effort should be made to see and speak to the child concerned and
to establish that they are unharmed and not at future risk of harm.
This should also apply to any other children present or who normally
reside at the premises. A record should be made of the content of
the conversation, the timing, setting and people present.
Officers
making decisions about a child should listen to them and take the
child’s views into account. Attention should be paid to what
the child says and does not say, how they look and how they behave.
There is
no legal requirement for a parent or other adult to be present,
or to give consent for an officer to talk to a child in order to
establish their welfare. In cases where the officer suspects that
an adult present has had some involvement in abuse, a request should
be made to speak to the child separately. Officers should consider
whether an adult’s refusal to allow access to speak to a child
separately increases suspicion of risk of harm. In cases where entry
to premises, or any part, is refused, officers should consider whether
it is appropriate for the purposes of ‘saving life and limb’
to exercise their powers to enter and search premises under section
17 of PACE. If an adult refuses access to speak to a child a record
should be made of the officer’s request and the adult’s
response. Where it becomes clear that one of the parents or carers
had no involvement in the abuse, it is good practice to seek that
parent’s cooperation.
For practical
and evidential purposes, and to provide reassurance to the child,
it may be helpful to both the officer and child to have an adult
supporter present while the officer establishes the child’s
welfare. Where this is an option, the officer should be satisfied
that the presence of the supporter will not adversely delay speaking
to the child, and will not inhibit the child from speaking freely
due to the adult’s possible involvement in any offences or
the adult’s close association with a potential suspect.
The possibility
of a future prosecution should not inhibit an officer from basic
communication with a child to determine their welfare. Care should
be taken, however, to ensure that speaking to the child is confined
to establishing the child’s safety, asking for the minimum
amount of information and using open questions to enable the child
to give a brief account of anything that has occurred (eg, identify
any offences, suspect(s) and scene and any information to preserve
evidence).
As soon
as the welfare of the child has been established or the officer
has determined that the child is at risk of harm or has been harmed,
the conversation should be brought to a close so that it does not
constitute an interview. If an interview is conducted, this should
be in accordance with the principles of Achieving Best Evidence
In Criminal Proceedings: Guidance for Vulnerable or Intimidated
Witnesses, Including Children (2002).
3.4.2
OBSERVING AND RECORDING THE CHILD’S CONDITION
Officers
should use observation to determine the physical and emotional condition
of the child. The nature of the observation and child’s condition
should be recorded for the purposes of any future investigation,
child protection proceedings or other notifications of concern for
a child. If child safety concerns exist and cooperation with police
enquiries is refused by a parent or carer this should not prevent
further enquiries taking place to establish the child’s welfare.
Officers should communicate with a child in a way that is appropriate
to their age, understanding and communication preference. Conversations
with the child should be conducted in a way that minimises distress
to them and maximises the likelihood that they will provide accurate
and complete information. Officers should avoid leading and suggestive
questions.
3.4.3
SAFEGUARDING THE CHILD’S WELFARE
Where an officer has assessed
that a child has been harmed or is at risk of harm, they should
decide how to place the child out of danger, see 3.16 Risk identification.
In some cases it may be sufficient to secure a child’s immediate
safety by a parent or carer taking action to remove an alleged perpetrator
or by the alleged perpetrator agreeing to leave the home. Where
necessary officers should use powers of arrest, see 3.7 Arrest strategies,
and police protection powers, see 3.8 Police protection. The use
of police protection powers is an emergency measure used to remove
a child who would otherwise be likely to be at risk of significant
harm, see 1.1 Definition of child abuse.
There is
no power to remove a child or to enforce other arrangements where
the child is not considered to be at risk of significant harm. There
may be occasions where the child, although not at risk of such harm,
is nevertheless considered to be in need of care or control, eg,
where the parent or carer is taken ill or is under arrest and the
child has nobody with legal responsibility to care for them. In
such circumstances the child should be consulted if possible and
social services should be involved.
In circumstances
where the police have initiated action to safeguard a child, the
identification of a suitable means of temporary care is the responsibility
of social services under section 46 of the Children Act 1989. However,
the police have an important role in providing sufficient information
to assist in that decision. Where the use of temporary alternative
arrangements to parental or other lawful care is considered, any
temporary carer and any residents at their address should be seen,
their identity verified and details of residence in other police
force areas obtained.
Checks should
be made of the temporary carer and any residents at their address
in the host force and any other police force areas where they have
lived. These checks should include Police National Computer (PNC),
the local sex offenders register, Violent and Sex Offenders Register
(ViSOR) and any other relevant information and intelligence sources.
Checks of the relevant child protection register should be made
in respect of the particular child and any other children in the
care of the proposed carer. Such checks should be made even when
the alternative carer is one nominated by the usual parent or carer.
An auditable record of all checks should be maintained. This should
include details of all sources checked against and the result of
such checks.
Where
there is a risk to the life of a child or a likelihood of serious
immediate harm, the police should act quickly to secure the immediate
safety of the child.
Checklist
5: Recording the child’s condition
Officers
should record the following:
- Child’s
name, sex and date of birth;
- Name
of the person(s) with parental responsibility and primary carer(s);
- Who
was present when the child was spoken to;
- Questions
asked of the child;
- Child’s
responses;
- Description
of the child’s physical appearance including injuries, clothing
and state of cleanliness;
- Any
action the officer took to observe the child’s physical
condition while noting that the examination prevented full observation
of the child’s body and therefore any injury subsequently
discovered but not accounted for in the officer’s record,
can be explained;
- Description
of the child’s demeanour;
- Description
of the child’s surroundings, including the condition of
the home.
In all cases,
a notification that the child has come to police notice should be
sent as soon as practicable to the local CAIU in accordance with
local procedures so that a referral may be made, see 3.19 Notification
to the Child Abuse Investigation Unit.
3.5
USE OF INTERPRETERS
Officers
should not use family members, in particular children, to interpret
unless as a last resort and then only to establish facts that might
secure the immediate safety of all parties. Where a member of the
family or member of the public interprets at the scene, their details
should be recorded.
In preference
to using a child or family member, officers should consider using
a telephone interpreting service. The use of such a service should
be limited to preliminary enquiries. Similar considerations apply
when communicating with children who have a disability that renders
communication difficult.
For further
information about the use of interpreters and communicating with
people who have a disability that impairs communication, see Trials
Issues Group (2002) Revised Agreement On The Arrangements For The
Attendance Of Interpreters In Investigations And Proceedings Within
The Criminal Justice System.
3.6
OTHER ACTIONS ON ARRIVAL AT THE SCENE
Having established the
welfare of the child, officers should ensure the completion of a
full initial investigation and the preservation of any evidence.
Checklist
6: Other actions on arrival at the scene
To
facilitate an initial investigation and to preserve any evidence,
officers should:
- Confirm
the identity of the suspect, (if they are no longer at the scene
circulate a full description via the radio system);
- Establish
who is or was at the scene;
- Request
intelligence checks on the suspect and household, including PNC,
sex offenders register, Violent and Sex Offenders Register (ViSOR),
child protection register, warrants, bail conditions and civil
orders, if not already done;
- Make
accurate records of everything said by all parties, including
any ‘significant statements’ made by the suspect;
- Record
the demeanour of the child, suspect and any other witnesses;
- Consider
using a video camera to record evidence or arranging for a crime
scene investigator (CSI) to do so;
- Obtain
an overview of what has occurred, this should take account of
the established risk factors associated with child abuse, see
3.16 Risk identification.
3.7
ARREST STRATEGIES
If the
initial investigation indicates an offence with a power of arrest,
the officer should use that power, if necessary, to prevent further
offences. The following considerations should be taken into account
when planning the arrest of a suspect:
- Current
location or address of the suspect, for example, whether the suspect
has access to the victim;
- Suspect’s
occupation, for example, whether the suspect has access to children;
- Suspect’s
contact with other children and especially any continuing risks
that this may present;
- Preservation
of evidence (a particular consideration is preserving evidence
which may be electronically stored, for example, on mobile phones
or computers);
- Timing
and location of the arrest, ensuring that action is proportionate
to the need to protect children and to safeguard the rights of
the suspect, particularly with regard to their home, work and
family life;
- Consulting
with other agencies, such as social services, to ensure that the
arrest safeguards the welfare of the victim and other children.
Where an
arrest is made the victim or the parent or carer should be asked
for details of how they may be contacted in the event of the suspect
being released from custody. They should also be asked to provide
information which could assist the custody officer in decisions
relating to bail conditions, eg, details of the child’s school,
child care providers or leisure facilities.
3.8
POLICE PROTECTION
For more
details about police protection powers and section 46 of the Children
Act 1989, see Home Office Circular (44/2003) The Duties and Powers
of the Police Under the Children Act 1989.
Police protection
is an emergency power which enables any police officer to protect
a child who is believed to be at risk of significant harm. Section
46 of the Children Act 1989 empowers an officer to remove a child
to suitable accommodation or prevent the removal of a child from
a safe place. When these powers are exercised the child is considered
to be in police protection. Police protection does not give the
police parental responsibility and, for example, does not give the
police the ability to consent on behalf of the child to a forensic
medical examination. No child may be kept in police protection for
more than 72 hours.
Before exercising
police powers of protection, wherever possible, an officer should
seek advice from the CAIU. Where it is not possible for an officer
to seek advice from the CAIU before exercising police powers of
protection, the CAIU should be informed as soon as possible after
those powers have been exercised.
Decisions
relating to police protection are the responsibility of the police,
but where possible, decision making should include discussions with
social services or any other agencies as appropriate, eg, the NSPCC.
Where the police need to act immediately to protect a child, a strategy
discussion should take place as soon as possible after such action
to plan the next steps. Where applicable a referral to social services
should be made concerning a child who has been taken into police
protection.
Police protection
powers should only be used when necessary and wherever possible
the decision to remove a child from a parent or carer should be
made by a court. For example, an application for an emergency protection
order (EPO) could be used in preference to the exercise of police
protection powers. Such an order can include an ‘exclusion
requirement’ which specifies certain people who should be
excluded from living where the child is resident. For further details,
see 7.8 Court orders available for the protection of children.
When considering
the necessity for emergency action, officers should consider whether
action is required to safeguard other children in the same household,
in the household of an alleged perpetrator, or elsewhere. The nature
of the abuse should be a key determining factor, eg, if it is known
that a child’s life is in danger then immediate action ought
to be taken.
Where a
person with parental responsibility is suspected of abusing a child
who has been taken into police protection, a risk assessment should
be made to consider the safety of the child before the person is
informed that the child is in police protection. For example, officers
may consider not disclosing the location of the child. While there
should not be unreasonable delay in informing the person with parental
responsibility, the welfare of the child is paramount and such action
may be justified by the need to prevent coercion or contamination
of the interview or other evidence.
3.8.1
SUITABLE ACCOMMODATION
Suitable accommodation
usually means local authority accommodation, a registered children’s
home or foster care, but not a police station. It also includes
ensuring that a child remains in hospital. A child should only be
brought to the police station in exceptional circumstances, such
as a lack of immediately available local authority accommodation.
This should be for a short period only. If it is necessary for a
child under police protection to stay with relatives or other appropriate
carers, they and any residents at their address should be seen,
their identity verified and details of residence in any other police
force areas obtained. Checks should be made of the proposed carers
and residents at their address. These checks should include PNC,
sex offenders register, child protection register, ViSOR and any
other relevant information and intelligence sources. Similar checks
should be conducted within every police force area in which the
proposed carer and residents at their address have resided. All
police forces should have systems in place to meet these obligations
in making checks and responding to requests from other forces. Social
services should also make checks of proposed carers and residents
against local authority held records in any areas that they have
resided in.
Police forces
should have contingency arrangements for children brought to police
stations so that a suitable, physically safe and comfortable room
is identified at every police premises where children could be taken.
The room should have access to suitable play materials, food, drink,
toilet, washroom and nappy changing facilities. Police forces, in
collaboration with the local authority, should consider the employment
of an ‘on call’ child minder so that any children brought
to police premises are looked after by a suitably qualified person.
3.8.2
ROLES OF THE INVESTIGATING OFFICER AND THE DESIGNATED OFFICER
In accordance
with Home Office Circular (44/2003) The Duties and Powers of the
Police Under the Children Act 1989 the investigating officer is
the officer who first takes the child into police protection and
undertakes the initial enquiries.
The
investigating officer should:
- See
the child in order to assess his or her individual circumstances;
- Communicate
with the child and keep them informed, taking into account their
wishes as part of the decision making process and whenever possible
acting on them;
- Explain
to the child who they are, what their role is, what they have
done and propose to do, what is going to happen next, and who
else is involved in looking at the case and supporting the child;
Police protection powers should only be used in exceptional circumstances
where there is insufficient time to seek an emergency protection
order (EPO) or for reasons relating to the immediate safety of
the child. Refer to Achieving Best Evidence if it becomes necessary
to interview the child as a possible victim of crime, but not
be inhibited from basic communication with the child;
- Inform
the local authority, within whose area the child was found, of
the action taken and proposed in respect of the child, and the
reasons for taking it;
- Inform
the local authority, within whose area the child is ordinarily
resident, of the place the child is being accommodated;
- Inform
the child’s parents, anyone with parental responsibility
for the child, and any other person with whom the child was living
immediately prior to being taken into police protection, of the
steps taken with respect to the child, the reasons for taking
them and any further steps that may be taken.
In accordance
with Home Office Circular (44/2003) The Duties and Powers of the
Police Under the Children Act 1989 the designated officer is the
officer of at least inspector rank, who takes an independent oversight
of the circumstances under which the child was taken into police
protection, ie, is not personally involved as an investigator or
connected with the child in any other way.
The
designated officer should:
- Visit
the child where he or she is staying to check their immediate
welfare and consider the suitability of that environment;
- Review
the grounds for police protection to determine whether the power
should remain in force;
- Complete
a police protection form;
- Provide
a notification to the CAIU if not already provided by the investigating
officer;
- Keep
a record of any handover to another designated officer, for example,
on shift changes.
3.9
PARENTAL RESPONSIBILITY
Parental
responsibility under section 3 of the Children Act 1989 means all
rights, duties, powers, responsibilities and authority which by
law a parent has in relation to their child and his or her property.
Parental responsibility is held by the following:
- Natural
mother;
- Natural
father if married to the natural mother at the time of the birth
or if he subsequently marries the mother;
- Natural
father if he has a written agreement with the mother;
- A person
having parental responsibility through a court order;
- An unmarried
father if he acts with the mother to have his name recorded on
the child’s birth registration certificate (only in the
case of children born after 1 December 2003).
Officers
conducting an investigation should consider the legal status of
those responsible for a child to ensure that the child is protected
from harm.
To
establish parental responsibility, officers should determine:
- Legal
status of all parents;
- Whether
the child is looked after by the local authority;
- Whether
any court orders are in force that may affect parental responsibility,
eg, court orders relating to child contact.
The consent
of the child and in some cases, the parent’s consent should
be established prior to any interview taking place. The relevant
medical professional is responsible for establishing consent for
a medical examination, see 4.6 Forensic medical examinations. Police
protection does not give the police parental responsibility.
3.10
NON-INTIMATE AND INTIMATE SAMPLES AND PRESERVATION OF EVIDENCE
Scientific
corroboration in investigations of child abuse could be a primary
source of evidence accepted by a court. Appropriate consents should
be sought by the doctor before examining the child.
Officers
should attempt to safeguard evidence prior to a forensic medical
examination by asking victims or their parent or carer to prevent
the child from:
- Drinking
or eating;
- Washing;
- Smoking;
- Going
to the toilet;
- Removing
clothing.
There may
be exceptional circumstances where the above safeguards have not
been or could not be complied with, or there may be undue delay
in arranging a forensic examination. In such circumstances officers
may need to consider the following actions and explain the reason
for them to the victim and the parent or carer as appropriate.
a) Oral
sex – if oral sex has taken place a mouth swab should be
taken as soon as possible. This is a non-intimate sample and therefore
could be taken by an officer with an early evidence kit.
b) Penetrative
sex and/or ejaculation in the vicinity of the genitalia or anus
– the victim should be advised not to wash or change underwear
prior to a forensic medical examination. In such circumstances
the timing of any examination should be as soon as practicable.
A timed record should be made of what advice has been given.
c) Clothing
– if clothing has been changed or discarded following the
offence these items should be recovered and packaged as appropriate.
If circumstances require the removal of clothing prior to examination
and suspect material on the head or hair may be disturbed by removing
garments over the head, officers should ensure that the victim
stands on a piece of paper so that evidence is not lost. Earrings
and other jewellery may also be a useful source of forensic evidence.
Any items should be packaged separately to avoid cross-contamination.
d) Drug
assisted sexual assault – blood and urine samples should
be obtained as soon as possible. Officers should use equipment
included in early evidence kits when available. If not available
a clean cup can be used to collect a urine sample.
Officers
should make a full record of the reason for any pre-examination
actions as detailed above and should inform the forensic physician
of these.
3.11
SCENE PROTECTION
Protection of the scene
of crime should be a consideration in all cases, including those
where there is a time lapse between the report and the alleged offence.
Checklist
7: Protecting the scene
The
initial protection of the scene should be achieved by taking the
following action:
- Secure,
preserve and control the scene to limit any access until sufficient
information is available to make an informed assessment of the
situation;
- Remove
people and animals from the identified areas of activity, and
where practicable from the whole area;
- Establish
physical secondary scene parameters – potentially the whole
of the premises;
- Note
that the suspect(s) should also be treated as a scene, and other
persons at the premises may also be scenes;
- Note
that the suspect’s actions following the incident may create
further sites of forensic interest;
- Dependent
upon the severity of the incident, consider erecting cordons and
appointing a loggist, to record persons entering and leaving.
The extent of an enquiry can always be scaled down. If the initial
actions taken to preserve the scene do not comply with preservation
protocols they may compromise the investigation;
- Consider
any potential areas of contamination that could affect the integrity
of evidential material;
- Request
that a CSI attends or record the reasons why one was not requested
or did not attend;
- Establish
a work base in a safe area of the premises;
- Ensure
the scene is photographed or videoed, where necessary, as soon
as possible;
- Note
that the victim is the primary scene and should be treated as
such. The first concern of the officer should be the child’s
safety, state of mind and their ability to cope with forensic
requests (this is dependent upon the age of the child concerned,
their understanding and the nature of the alleged incident).
3.12
SPECIAL CONSIDERATIONS WHERE A COMPUTER IS INVOLVED IN THE ALLEGATIONS
In cases
where the use of a computer is involved in the allegations or is
discovered in the possession of a suspect who may have used it as
part of their offending, it should be treated as a crime scene.
For example, in sexual abuse allegations officers should consider
the possibility that computers have been used as part of the offending
including involvement in grooming, contact with other offenders
and the use of child abuse images, see 1.3.7 Child abuse images
and internet paedophilia.
Specialist
advice should be sought without delay to preserve any evidence that
may be available.
It should
also be sought with regard to handling, storage and submission considerations.
While awaiting such advice officers should ensure that plugs attached
to computers are removed from the electrical socket and any other
equipment capable of storing an image is seized, eg, mobile telephone,
digital camera. Officers should also ensure that the computer is
not touched by the suspect or any person associated with the suspect.
Each police
force has a dedicated Hi-Tech Crime Unit (HTCU) with technically
trained officers. In any case where one of these officers cannot
be contacted, the Duty Desk Officer available 0800-1830 weekdays
may be contacted at the National Hi-Tech Crime Unit based at the
National Crime Intelligence Service (NCIS). Outside these hours
a Duty Inspector can be contacted via the NCIS Reserve Desk.
3.13
SPECIAL CONSIDERATIONS WHERE DRUG OR SALT INDUCED POISONING IS SUSPECTED
Where
the investigating officer suspects that salt or drug induced poisoning
is the cause of apparent illness, this should be brought to the
attention of an examining physician. A request should be made for
appropriate blood, hair and urine samples to be obtained for forensic
analysis and hospital use. Some toxins are present in body fluids
for only a limited time following administration. The investigating
officer should therefore identify and seize any material that contains
body fluids from the child, such as traces of blood, vomit, urine
or faeces. Feeding bottles and other equipment associated with feeding
the child should also be seized for examination and where available,
samples of any left–over food. Advice should be obtained from
a CSI as to the correct storage, packaging and submission of any
items seized.
3.14
IMMEDIATE ACTIONS IN CASES OF SUDDEN AND UNEXPECTED DEATH OF AN
INFANT
For further information
about the investigation of sudden infant deaths, see ACPO (2002)
Guidelines on Infant Death. Where possible the first officer responding
to the sudden and unexpected death of an infant should be a detective
officer of at least inspector rank. When this is not possible, the
first response officer should arrange for such an officer to attend
the scene to take charge of the investigation.
When attending
the sudden and unexpected death of an infant, officers should maintain
a sympathetic approach to the bereaved family, regardless of the
cause of the child’s death.
Officers
should take into account the fact that the bereaved parents or carers
are likely to be in a state of shock and possibly confused. However,
they should note the response to the child’s death, eg, remoteness,
indifference to the death or disposal of articles. For further information,
see 1.3.18 Sudden and unexpected death of an infant. Further details
about investigating sudden and unexpected infant deaths can be found
in 4 Investigation development.
Checklist
8: Immediate actions in cases of sudden and unexpected death of
an infant
The
first response officer should undertake the following tasks:
- Request
urgent medical assistance, if not already done;
- If the
first response officer is not a detective officer of at least
inspector rank, arrangements should be made for such an officer
to attend the scene to take charge of the investigation, if not
already done;
- Record
information about emergency services that have attended the scene
and details of any conversations that took place;
- Record
details of the child’s condition, eg, position, any vomit,
blood from the nose or mouth, colour, tone, consciousness, any
signs of movement or breathing;
- Record
the surrounding circumstances of the discovery of the child, eg,
who was present when the child was found, how the child was found
and who alerted the emergency services;
- Record
the condition of the child’s surroundings;
- Record
the response of the parent or carer;
- Explain
to the parent or carer that the police need to take actions to
determine the cause of the child’s death, such as asking
particular questions and possibly examining some items from the
house.
3.15
IMMEDIATE ACTIONS IN CASES OF SUSPECTED PARENTAL ABDUCTION
The first officer taking
a report of suspected parental abduction should establish whether
abduction has occurred or if there is a real and imminent danger
of abduction. Where abduction has occurred or there is a real and
imminent danger of abduction, officers should comply with local
policy. Where a real and imminent danger of abduction is not present,
officers should comply with local procedures to ensure that an accurate
record of the incident is made and stored for future reference.
Notification should be made to the CAIU from where intelligence
should be disseminated to the police force in which the child ordinarily
resides. For further information, see National Ports Office (undated)
Child Abduction: A Practical Guide for Police Officers and 1.3.5
Child abduction (including parental abduction).
Checklist
9: Immediate actions in cases of suspected parental abduction
The
first response officer should undertake the following tasks:
- Establish
whether the child is still with the complainant or when the child
was last seen;
- Establish
why the complainant believes that the child may have been abducted,
eg, a history of abduction or threats or attempts by the potential
abductor;
- Current
marital status of the complainant and potential abductor and whether
any court proceedings are pending;
- Details
of any child contact arrangements including disputes, court orders
and arrangements for supervised and unsupervised contact;
- Obtain
any records on the family and potential abductor held by the police
or other agencies;
- Obtain
full details of the potential abductor including name, address,
date of birth, employment status and employer, description with
a photograph if available, car description and registration number;
- Details
of the potential abductor’s connections abroad, eg, have
they ever been or intend to be temporarily or permanently domiciled
abroad, ties to the UK and any other country;
- Establish
whether there are any financial, family, medical or legal reasons
for the potential abductor to leave the UK;
- Record
details of any other sources from which the potential abductor’s
intentions may be learnt;
- Establish
whether the child has their own passport and where the passport
is;
- Obtain
a full description of the child, including name, age, date of
birth, sex, nationality, appearance and clothing, a photograph
if available, and the mother’s maiden name;
- Ascertain
the likely mode of transport, port and date or time of travel
if known;
- Comply
with local procedures to ensure immediate circulation for the
purpose of an all ports warning;
- Make
immediate contact with the police force responsible for the port
of embarkation with a view to recovering the child and arresting
the suspect;
- Obtain
a written statement from the complainant;
- Consider
whether there are any grounds to believe that the allegation may
be
3.16
RISK IDENTIFICATION
Officers
attending incidents where children are present should identify any
risk factors in order to determine the actions required to safeguard
the children. Details of these risk factors should be included in
the officer’s notification to the CAIU. All information available
at that point in time should be recorded, together with any decisions
made relating to the safety of the child.
Although
officers should seek advice from the CAIU they should be confident
to take action when they have identified urgent concerns for a child’s
safety, see 3.8 Police protection.
Established
risk factors
The following
factors should be considered when determining whether a child is
the victim of abuse and whether they are at risk of further harm.
They are organised as they apply to the circumstances of the child
and the behaviour and circumstances of the suspect. It is not an
exhaustive list and these factors are not listed in order of priority.
One factor alone based on an officer’s professional judgment
may be enough to alert an officer to a case that requires urgent
action.(a) Circumstances of the child
1.
Physical injury
This includes injuries
to a child such as broken limbs, burns, visible marks, particularly
if the injuries are not compatible with any explanation offered.
Officers should enquire as to whether such assaults have been repeated,
the method of assault(s) and whether a weapon was used.
2.
Repeated presentation at hospital with unknown illnesses
Any suspicion or allegation
of fabricated or induced illness arising from or necessitating hospitalisation
must be investigated. Officers should take into account repeated
use of health care services and single uses of different medical
services.
3.
Young age
Pre-verbal children and
pre-mobile children are especially vulnerable to abuse, as are children
who are not yet old enough to attend school or pre-school groups.
4.
Disability
Children with disabilities
are more vulnerable to abuse for a number of reasons, eg, as they
may receive intimate personal care, have a higher dependency on
carers, have fewer outside contacts and may be less able to complain
about abuse due to communication difficulties. Where the child’s
disability is such that they have experienced little external social
interaction, there is potential that any abuse has become normalised
and the child may not realise that what they have experienced is
wrong. Where necessary, officers should seek advice from social
services which should have information on every disabled child in
their area.
5.
Self-harm or threats or attempts to commit suicide
Self-harm or threats or attempts to commit suicide by a child should
be regarded as an indication of possible abuse both of the child
involved and of siblings or other children under the same care.
There is no scientific formula for the identification of risk of
harm and assessment of the safety of a child. Officers should consider
all the circumstances when making decisions and carrying out an
investigation.
6.
Evidence of sexual activity
This includes inappropriate
sexualised behaviour, teenage pregnancy or accessing contraception
or abortion, sexually transmitted disease or involvement in sexual
exploitation through prostitution or the sex industry.
7.
Social isolation and vulnerability
Research has shown that children who are in families who are socially
isolated and do not have access to community resources are at a
higher risk of abuse. Other issues that may indicate particular
vulnerability include lack of basic amenities such as heating, lighting,
indoor sanitation, water, cooking facilities and over crowded accommodation.
Children living away from home may be more vulnerable to abuse.(b)
Behaviour and circumstances of the suspect
1.
History of violent or sexual offending by the suspect
A child
living with a parent or carer or other adult who has a history of
violent or sexual offending, whether convicted or not, is at high
risk of suffering harm. There is a link between those convicted
of sexual activity with, or rape of, a child and convictions for
other serious sexual offences, particularly when the child was under
the age of 13 at the time of the rape.
2.
Child abuse by the suspect
This includes
any history of contact with social services and when there are children
connected to the suspect, who are, or have been on the child protection
register.
3.
Domestic violence by the suspect
In households
where domestic violence takes place there is a risk of harm to children
through direct abuse and by witnessing the abuse of others. Officers
should not rely on the presence of another person to protect a child,
and should consider whether that person has the capacity or ability
to protect.
4.
Abuse of animals by the suspect
Research
has established links between child abuse and abuse of household
pets. Any suspicion of animal abuse should prompt further enquiries
into the welfare of children who frequent premises in the control
or occupation of the perpetrator.
5.
Grooming by the suspect
Abusers
often prime and control their victims through a process known as
grooming which can occur over a short period or a number of years.
This process has the purpose of securing the cooperation of the
victim and the parent or carer. It is also carried out in order
to reduce the risk of discovery or disclosure by creating an atmosphere
of normality and acceptance, and/or fear. Victims are sometimes
groomed to introduce further victims to the process of grooming
and abuse. Evidence of grooming may be suggested by the suspect
contacting children through various channels, including youth groups,
familial ties, internet chat rooms and children’s interest
and associated websites. A suspect may also target single parents
with children, eg, through lonely hearts columns. Also, see 1.3.12
Grooming.
6.
Failure to provide medical care for a child
Failure
to provide medical care for a child when it is required can indicate
wilful neglect. Removing a child from medical treatment and failure
to keep appointments with health care professionals may also indicate
a risk of harm to the child.
7.
Failure to take responsibility for previous abuse
A failure
to accept responsibility for abuse or acknowledge that there are
problems,
8.
Threats or attempts to commit suicide or to self-harm
Self-harm
or the threatened or attempted suicide of a parent or carer should
prompt further investigation into the welfare of any children in
their care. Close attention should be paid to child contact arrangements
where parents are separated, particularly where there is a history
of self-harm or threats or attempts to commit suicide by a perpetrator
of domestic violence. A suicidal suspect with a history of perpetrating
domestic violence or child abuse should also be considered as potentially
homicidal and a risk to their former or current partner and children.
9.
Misuse of illegal or prescription drugs and/or alcohol
Alcohol
or drugs misuse may affect the ability to care for a child and impact
directly on the health of an unborn child. There is also a risk
of harm to young children from accessible alcohol, drugs or drugs
paraphernalia. Some children may require particular care such as
medication or tube feeding which if wrongly provided or forgotten
by someone influenced by alcohol or drugs, could be fatal.
10.
History of mental illness
Having a
mental illness does not in itself indicate any heightened risk but
when considered with other factors may do so. The impact on risk
to the child will depend on the type and severity of the mental
illness.
3.17
ACTION IN URGENT OR SERIOUS CASES
All allegations of child
abuse are potentially serious, but cases should be identified as
particularly urgent or serious when an allegation involves:
- Serious
physical injury (the judgement as to what is serious should include
consideration of the child’s age and any mental or physical
impairment);
- Near
death of a child due to physical abuse;
- A child
rendered unconscious through physical abuse;
- Serious
sexual offence (the judgement as to what is serious should include
consideration of the child’s age and any mental or physical
impairment);
- Serious
or chronic neglect (the judgement as to what is serious should
include consideration of the child’s age and any mental
or physical impairment); Any officer identifying an urgent or
serious case should inform their supervisor of the details without
delay.
As in any
other case of concern for a child, the officer should send a notification
to the CAIU. Urgent action taken prior to notification to the CAIU
or referral to social services should be relayed to the CAIU and
social services both verbally and in writing at the earliest opportunity.
This should include a full description of any action taken and the
reasons for it. Officers providing a fast track or first response
should include details of their actions at the scene in their notification
to the CAIU. For further information on notifications to the CAIU,
see 3.19 Notification to the Child Abuse Investigation Unit.
3.18
SINGLE POINT OF CONTACT
Responsibility
for a child abuse investigation should, where possible, rest with
a named officer. This person should remain as the investigating
officer in the case and the single point of contact for the child
and family throughout the case. The single point of contact and
any changes should be recorded and explained to the child, social
services and other affected individuals as soon as possible. For
example, the point of contact may change when a CAIU investigator
takes responsibility for the case from the first response officer.
3.19
NOTIFICATION TO THE CHILD ABUSE INVESTIGATION UNIT
In the
context of this guidance, a notification is an internal police communication
identifying any concern for a child. The term notification may also
be used to describe concerns for a child which are reported to the
police by an agency or an individual. Officers should notify all
cases which cause concern about a child to the CAIU. The notification
should be in writing.
Checklist
10: Minimum information the CAIU require for notification
The
following information should be included in a notification to the
CAIU:
- Name
of the officer making the notification and their contact details;
- Name
and sex of the child (and any previous names);
- Date
of birth of the child;
- Current
address and previous addresses of the child;
- Mother’s
name, date of birth and address, cohabitee name and date of birth;
- Father’s
name, date of birth and address, cohabitee name and date of birth;
- Name,
date of birth and address of any other person with parental responsibility;
- Details
of other children in the household including name, sex and date
of birth;
- Name,
date of birth and address of the suspect;
- Nature
of concern;
- Identified
risk factors;
- Copies
of relevant pocket notebook entries;
- Name
and contact details of the child’s GP and, if applicable,
health visitor and school;
- Details
of actions taken by police or other agencies (if known) and the
reason for them;
- Results
of any database and intelligence checks which relate to the child
and any individuals in the family or those involved in the described
circumstances;
- Results
of checks including the child protection register, PNC, ViSOR,
sex offenders register, local databases, Young Offenders Index,
Missing Person Index, force intelligence systems, force control
room records for any crimes and other incidents recorded in respect
of relevant addresses and individuals.
When a referral
is made to social services, information contained within the notification
should be included. Notification or referral information must be
accurate, factual, relevant, necessary and proportionate for the
purpose for which it is passed. For further details of the CAIU
role, see 6 Child Abuse Investigation Units.
Where an
officer has concerns about a child which are likely to lead to a
referral to social services, they should discuss those concerns
with the family and, where possible, obtain their agreement to making
such a referral to social services. Note, however, that this should
only be done where it will not increase the risk to the child.
3.20
CROSS BORDER INVESTIGATIONS
Practical
considerations arise where the victim resides in a different policing
area to that in which the offence(s) was committed. Subject to the
overriding principle that the welfare of the child is paramount,
chief officers are responsible for the investigation of offences
committed within their area. Whenever such circumstances arise,
reference should be made to Home Office Circular (36/2002) The Investigation
of Child Sexual Abuse: Lead Responsibility for Investigating Cases
Which Transcend Force Boundaries:
At
an early stage, agreement should be reached between those forces
involved as to the following:
- Identity
of the owning police force, ie, the force assuming responsibility
for managing any investigation;
- Extent
of assistance that may be provided by the remaining forces concerned;
- Consistent
interview strategy which takes account of the differing mediums
for recording interviews that exist within forces.
- Establishing
systems for monitoring practice and supervision in the first response
to child abuse incidents and reports which raise concerns about
children, including the use of police protection powers (3A);
- Establishing
systems to monitor the timeliness of notifications to the CAIU
and the nature of the information which is included (3B);
- Providing
all officers and police staff with information which allows them
to identify risk factors in child abuse cases (3C);
- Providing
training to ensure that officers can identify concerns about children’s
welfare (3D).
SECTION
4
INVESTIGATION
DEVELOPMENT
This section
provides guidance for investigation development in child abuse cases.
It will also be useful to officers carrying out child abuse investigations
and crime scene investigators.
4.1
POLICE RESPONSIBILITY FOR CRIMINAL INVESTIGATION
Where a decision has been
made by the police and social services in a strategy discussion,
see 7.3 Strategy discussions, that it is in the best interests of
the child to carry out a full criminal investigation, the police
are responsible for carrying out that investigation, including the
evidential interview with the victim. Social services has lead responsibility
for the welfare of the child under the Children Act 1989. There
may be less serious cases where, after discussion, it is agreed
that the best interests of the child are served by a social services
led assessment, rather than a full criminal investigation, see 7.2
Communication between agencies.
It may be
appropriate for a social worker to accompany a police officer during
some stages of the criminal investigation, such as an evidential
interview, but the investigation remains the exclusive responsibility
of the police. The decision as to whether to conduct a joint interview
or joint visit should be determined by what is in the best interests
of the child. Enquiries should be undertaken in such a way as to
minimise distress to the child and to ensure that families are treated
sympathetically and with respect. Distress can be minimised, for
example, by limiting the number of occasions that the child has
to relate an account of what has happened to them or reducing the
frequency of agency visits to the child’s home.
Investigating
officers should consult local ACPC/LSCB protocols about how enquiries
relating to children suffering or likely to suffer significant harm
(under section 47 of the Children Act 1989) and associated criminal
investigations should be conducted and the circumstances in which
joint enquiries are necessary and/or appropriate.
4.2
MANAGING THE INVESTIGATION
An effective investigation
will require the development of the following, as applicable, in
accordance with national and local protocols:
- Policy
file – see ACPO Crime Committee (2002) Revised Guidelines
for the Use of Policy Files;
- Disclosure
plan;
- Search
plan;
- Surveillance
plan;
- Victim
care plan;
- Witness
management plan;
- Forensic
management plan;
- Suspect
management plan.
The
management of the investigation should be consistent with any plan
agreed at the strategy discussion.
4.3
LINES OF ENQUIRY
When concern
about the welfare of a child has been expressed, investigating officers
should explore the background and history to ascertain whether there
is a pattern of abuse against one child or several children, or
whether evidence suggests a single incident against one child.
Investigations
should relate to the child about whom concern has been expressed
and any other children of the family. Information obtained should
be used in any multi-agency child protection responses and any police
action, including producing prosecution files. Investigating officers
have an obligation to record any material that may be relevant to
the investigation.
In cases
of crimes against children, supervisory officers should, from the
outset, take an active role in ensuring that a thorough investigation
is carried out. Police officers are responsible for conducting the
criminal investigation elements in a case of suspected injury or
harm to a child, and will be held to account for the quality of
that investigation.
Checklist
11: Lines of enquiry
Officers
should follow these potential lines of enquiry:
- Suspect
identity checks including names used and previous addresses;
- History
of previous reports;
- Child
protection register;
- Police
intelligence systems;
- Records
relating to the suspect held by social services and other agencies,
eg, List 99 and the Protection of Children Act list;
- Child
contact arrangements and disputes, including any court orders;
- Social
services involvement in the family;
- History
of the family, eg, information relating to children who have left
home;
- Any
circumstances in which a child has lived away from home;
- Structure
of the family, including step-family relationships, previous and
current partners of the parents or carers, any other children
related to the suspect;
- History
of domestic violence;
- Existence
of civil injunctions or other legal proceedings (eg, divorce);
- Medical
information that may constitute evidence, such as failure to attend
medical appointments or developmental checks, repeated presentation
of children with unexplained injuries, obtainable from GPs, health
visitors, midwives, hospital Accident and Emergency Department
(A&E), dentist, and hospital records;
- Child
developmental issues including emotional and behavioural difficulties;
- Evidence
of sexual activity by a child including use of contraception,
abortion, pregnancy, sexually transmitted diseases, abuse through
prostitution or sexual exploitation;
- Evidence
of grooming by a suspect including contact with children through
working with them or applying for jobs with children, paying children
for casual work, frequenting places where children congregate,
contacting a child through using a mobile phone, internet chat
rooms and taking photographs of children;
- Evidence
of travel for the purposes of abusing children;
- Evidence
of the suspect’s access to computers at work and home and
use of the internet to abuse children;
- Evidence
of previous conduct by a suspect which could provide similar fact
evidence;
- Parenting
style including neglect, failure to seek medical care, physical
chastisement and verbal, psychological and emotional abuse;
- Evidence
of alcohol or substance misuse, or mental health problems of the
parent or carer;
- Records
by any agency or police force of requests for information by the
suspect, eg, PNC records or requests under the Freedom of Information
Act 2000;
- Significant
events in a family including accidents, illness, death of a family
member;
- Poor
presentation and self-care skills within the family;
- Family’s
social integration and access to community resources including
social support of relatives, neighbours and friends, and more
formal networks such as the support of institutions;
- Evidence
held by other agencies such as health care professionals, social
services, Probation Service, Prison Service, housing services
and youth workers;
- School
records including teachers’ notes and any matters coming
to the attention of the school nurse, school health service or
education welfare officer;
- Any
circumstances in which an extra-familial suspect has gained the
confidence of the child and/or parents or carers (this may include
electronic communications);
- Friends
and associates in whom the victim may have confided or who may
have witnessed an offence or significant event, or who themselves
may have been groomed or subjected to abuse by the same suspect;
- Witnesses
to uncharacteristic behaviour by the victim which are linked to
abuse such as withdrawal, violence or explicit sexual behaviour;
- Potential
witnesses to abuse including neighbours, friends or family.
Officers
should consider these lines of enquiry from the outset and should
develop them further against gaps in the evidence and use them to
prove or disprove critical factors in the case.
4.4.
LINES OF ENQUIRY IN CASES OF NEGLECT
In many
cases of neglect, it may be initially unclear whether any offence
has been committed. A search of relevant premises, medical examinations
and interviews with suspects, children and witnesses should all
be considered to show the circumstances in which a child is cared
for and to prove that any neglect was wilful, see 1.1.6 Neglect.
Where there
are two carers the possibility of arresting both should be considered.
This allows scrutiny of each interview without intervening collusion.
If it is not possible to prove which carer was responsible for the
neglect, consideration should be given to the possibility that any
carers were acting together, for example, where one may have inflicted
harm and the other failed to prevent it or failed to seek medical
assistance.
Checklist
12: Lines of enquiry in cases of neglect
Officers
should follow these potential lines of enquiry in addition to those
in Checklist 11:
Lines
of enquiry:
- A house
search should focus on evidence of the following:
-
Hazards such as bare electric wires, unguarded heating appliances,
broken windows, damaged or unguarded stairs, needles, broken
toilets, animal or human faeces, all of which may render lodging
inadequate,
-
Hazards in the garden or nearby,
-
Kitchens revealing inadequate or unhygienic provision for
food, water, cleaning cloths or household cleaning,
-
Bathrooms revealing inadequate or unhygienic provision for
sewage and cleaning,
-
Medication or poisons which are accessible to children,
-
Bedrooms revealing inadequate or unhygienic sleeping arrangements,
-
Concealed food, locks on the outside of doors, inappropriate
electrical appliances and quality of heating,
-
Weapons or implements that may match marks found on children,
-
Inadequate storage or inappropriate accessibility of medicines,
dangerous drugs, drugs paraphernalia, pornography or sex aids,
-
General observations of the home circumstances dependent on
the particular age and needs of the child or children in question,
including inadequate play materials or toys;
- Reactions
of children when spoken to and the interaction between children
and parents or carers;
- Financial
means of the suspect which may assist in proving that neglect
was wilful and as potential rebuttal evidence should finance be
advanced as part of the defence or in mitigation;
- Medical
examination and expert evidence as to the health, condition, physical
and mental development of the child, eg, dental examination to
prove the condition of a child’s teeth and oral hygiene;
- Statements
from neighbours, school teachers and staff from other agencies
which may demonstrate the persistence of neglect such as inadequate
clothing, hunger and falling asleep at school;
- Any
appeals made by the child to a carer for respite or treatment
and their responses to the child;
- Position
and relationship of the carer to the child, including their respective
ages;
- Whether
the carers have been responsible for other children and their
experience of caring for children, eg, feeding, nappy changing,
sleeping habits and behaviour;
- Where
relevant, any difficulties at birth or immediately after birth
for mother, father, other carer or baby;
- Carer’s
understanding of any medical condition of the child;
- Any
advice or instructions given by medical staff at birth or after;
- Carer’s
observations of the other parent’s or carer’s handling
of the child;
- What
impact the arrival of the child had on the carer’s circumstances
and relationship;
- What
support was available and was received;
- Particular
circumstances of the discovery of the problem including:
-
Any medical condition or agency intervention,
-
Where the child was located,
-
Description of the setting,
-
Last time the child was seen,
-
Condition of the child,
-
Details of when the child last presented as expected,
-
Actions and behaviours of both the suspect and partner before,
during and after events;
- Details
of who had care of the child at any relevant times;
- Details
of who else had access to the child;
- Whether
the carer can identify any hazards or inadequate care arrangements
(eg, lack of food, hygiene or accessible hazards such as open
fires or medicines in the home) and is aware of why these present
a risk of harm to the child.
4.5
LINES OF ENQUIRY IN CASES OF SUDDEN AND UNEXPECTED DEATH OF AN INFANT
For further
information about the investigation of sudden infant deaths, see
ACPO (2002) Guidelines on Infant Death. Investigating officers should
consider interviewing carers separately to avoid the possibility
of each contaminating the other’s version of events. Where
the officer is not from the CAIU they should involve the unit at
an early stage of the investigation, particularly if there are siblings
or other children in the family who may be at risk or may be a useful
source of information. In accordance with local policy, the investigating
officer should consider arranging for a Family Liaison Officer (FLO)
to attend the scene and brief them accordingly. See 1.3.18 Sudden
and unexpected death of an infant for further details.
Checklist
13: Lines of enquiry in cases of sudden and unexpected death of
an infant
The relevant
lines of enquiry will depend upon the age of the child but the minimum
information collected during the early stages of the investigation
should include details of the following:
- Person(s)
who saw the child last and the time;
- Any
action taken prior to the arrival of the emergency services and
who contacted the emergency services;
- Child’s
last feed, including time, food given and by whom, eg, whether
the child was breast or bottle fed;
- Who
put the child to bed and where they were sleeping, eg, in the
same room or bed as the parent or carer, in a cot, the sleeping
position of the child;
- Who
found the child and who else was in the house at the time;
- Child’s
condition when found, eg, their colouring, breathing, level of
consciousness;
- Temperature
of the room where the child was found and details of clothing
or wrapping on the child, eg, whether bedding was tucked in, whether
an electric blanket was used, how the room and house were heated;
- Whether
an infant intercom was in place;
- Who
was with the child in the 24 hours before the death;
- Child’s
behaviour and health 72 hours prior to death;
- Whether
parents, carers or other members of the house smoke and whether
there are any restrictions on smoking in the house;
- Details
of any previous child deaths or acute life threatening events
in that or the extended family;
- Details
of parents’ or carers’ previous relationships where
they have had children and significant events in the lives of
the children;
- Details
of the child’s birth, eg, method of delivery, whether they
were born prematurely and the birth weight, details of any special
treatment required for the child and whether the child was discharged
from hospital with their mother;
- Details
of the child’s health (and any other siblings) since birth,
eg, whether they have seen a doctor or been admitted to a hospital
or clinic or received medical checks, including dates of appointments,
history of injections and any details of unsuitable feeding;
- Details
of advice received by parents from health care professionals with
regard to the prevention of sudden infant death;
- Contents
of the child health record detailing medical checks, examinations
and development which is given to every parent and is also known
as the ‘red book’;
- Details
of family members such as siblings and foster children, including
history of illness and standards of care given by the parents;
- Any
records of the family on PNC, force intelligence systems, crime
recording systems, command and control records, domestic violence
logs and child protection register;
- Any
records of the children, parents or carers held by social services.
4.6
FORENSIC MEDICAL EXAMINATIONS
4.6.1
CONSENT FOR THE FORENSIC MEDICAL EXAMINATION
A forensic medical examination may only be carried out with consent
of the child, if they have the capacity to give consent, or with
consent from the parent, carer or person with parental responsibility.
If there is no one with parental responsibility available or they
refuse consent then the local authority may apply for an emergency
protection order and child assessment order. For further information
about court orders available, see Working Together to Safeguard
Children and 7 Multi-Agency working.
In any case
in which a forensic medical examination is carried out under a court
order, any officer arranging the examination should ask to see a
copy of the order before the examination.
The order
can contain details regarding the place and time of an examination,
the person(s) to be present, the person(s) to conduct the examination,
and the person(s) or authorities to whom the results should be given.
It is the
forensic physician (or medical care professional) who should be
satisfied that consent has been obtained. Officers should, however,
consider the issue of consent to examination at an early stage of
an investigation, particularly where the parent or carer is a suspect.
In such circumstances, a contingency plan for parental non-consent
should be agreed with social services.
The investigating
officer should ensure that a timed record is maintained of all decisions
and procedures undertaken in securing consent for the examination
of a child. This should be included as part of a formal record of
the examination.
4.6.2
TIMING OF THE FORENSIC EXAMINATION
Forensic medical examinations
should be undertaken at the earliest opportunity and the child should
be accompanied by an officer from the CAIU. The timing of an examination
should be determined by the circumstances of a particular case.
The welfare of the child may dictate the need for medical treatment
without delay. In these circumstances the procedures to gather and
preserve evidence may be carried out at the same time. Timing may
also be affected by the deterioration of potential evidence such
as body fluids or by healing processes. It should be noted that
it is possible for body fluids such as semen to be recovered up
to seven days after an assault and this may also prompt the need
for an early examination if the abuse is disclosed near to this
time limit.
Consideration
should be given to the most favourable circumstances in which to
conduct an examination in terms of the child’s needs and the
effective use of resources. An examination conducted while the child
is affected by drugs or alcohol, is tired or otherwise unsettled
may not provide the most useful outcomes in terms of forensic recovery
or satisfactory disclosure of information. Similarly, the ideal
conditions in which the paediatrician or physician may be able to
conduct an examination are likely to be during normal working hours.
The investigating
officer should discuss with the forensic physician or paediatrician
whether it might be more appropriate to conduct a victim interview
prior to the forensic medical examination. The advantage of such
a procedure is that it may suggest additional opportunities for
evidence collection and prevent the possibility of a further examination
to check on any disclosures made during interview. Carrying out
the interview first should prevent the child having to repeat the
disclosure to the examining doctor. This in turn assists the doctor
in assessing the medical needs of the child, and providing information
about what evidence may need to be collected in terms of forensic
samples. Any such decision should be balanced with the potential
risks of the loss or cross-contamination of forensic material.
When it
is decided that the examination should take place before the interview,
the examining physician or paediatrician will need to speak to the
child so that the required samples can be collected and the scope
of the examination determined. Officers should refrain from inhibiting
such conversation on the grounds that it might damage the integrity
of any later interview with the child because it is important that
the forensic medical examination is conducted thoroughly.
It is in
the interests of the child to ensure, if possible, that further
examinations are not necessary. The conversation should be recorded
by the examining physician or paediatrician in their witness statement.
Cases of
abuse in which the victim does not require urgent medical attention
allow for a medical examination to be carefully planned. The purpose
of any forensic medical examination in such cases is to assess the
medical needs of the child and record any evidence relevant to the
case. This may include examining scar tissue and other trauma which
can be interpreted to support an allegation of assault, indecency
or neglect.
4.6.3
ROLE OF THE EXAMINING DOCTOR
Guidance
from the Royal College of Paediatrics and Child Health and Association
of Police Surgeons (2002) Guidance on Paediatric Forensic Examinations
in Relation to Possible Child Sexual Abuse states that for the purposes
of examinations in relation to alleged child sexual abuse, a child
is one under the age of 16 years. Those aged 16-18 years can be
routinely examined without the involvement of a paediatrician.
The examination
of a child under 16 years should be conducted by a paediatrician
trained in forensic skills or failing this, by a paediatrician accompanied
by a forensic physician. When a child is admitted to hospital with
a suspected non-accidental injury, any member of paediatric staff
may carry out the examination to ensure immediate treatment. There
should be early consultation with the police in order to avoid delay
in the collection of evidence. A trained paediatrician will also
be able to advise on the management of post-coital contraception,
the screening and diagnosis of sexually transmitted disease and
other infections to which the child may be at risk as a result of
the assault.
In cases
of non sexual assault or neglect of a child, it is good practice
to have a medical examination conducted by a paediatrician. There
may be rare occasions, however, where such an examination could
be conducted by a forensic physician alone, for example, where the
injury amounts to a welt, cut, bruise or other uncomplicated trauma,
especially where the victim is over 16 years of age. This is a matter
of judgement in the particular circumstances of a case and such
judgement should include the wider and continuing responsibilities
of paediatricians that may arise in respect of the child’s
welfare. Any decision should not be influenced by the availability
or non availability of particular expertise and every effort should
be made to ensure that examinations are conducted by a physician
qualified in the required field.
The initial
assessment or examination of a child may indicate that further examination
by a specialist is necessary, for example an orthopaedic specialist
if bones are broken. The requirement for specific paediatric expertise
should be considered when planning an examination.
4.6.4
PLANNING AND RECORDING THE FORENSIC MEDICAL EXAMINATION
Planning
the forensic medical examination should form part of the initial
strategy discussion, and it may be appropriate for social services
to assist in the arrangements since this may assist in their assessment
of the needs of the child. For more information, see 7 Multi-Agency
working.
The investigating
officer should meet with the paediatrician or forensic physician
prior to an examination to discuss the purpose of the examination.
As the forensic medical examination is part of the criminal investigation,
the investigating officer or an officer acting in support of the
investigating officer should remain present or near to the place
where it is being undertaken.
INVESTIGATION
DEVELOPMENT
To assist
in the examination and to avoid trauma to the victim by requiring
them to repeat information already given, the investigating officer
should provide the forensic physician with the account that the
victim has provided to the police. All of the information provided
to the forensic physician should be recorded for future reference.
Information
gained during a forensic medical examination should be considered
when making welfare arrangements for the child. Whenever a forensic
medical examination is conducted, the following information should
be documented by the investigating officer:
- Location
of the medical examination and who was present;
- Location
where any samples for analysis have been stored and the reference
numbers;
- Outcomes
of any strategy discussion prior to or arising from the forensic
medical examination;
- If and
where any sensitive images have been recorded;
- Notes
made by the paediatrician or forensic physician (possibly recorded
as sensitive material in prosecution files).
The forensic
paediatrician or the forensic physician should provide a written
statement after any forensic medical examination, which outlines
the findings of the examination and expresses their opinion. Contemporaneous
notes of any spontaneous comments by the child concerning the circumstances
leading to the examination should be made available to the CPS.
Where it is considered that such notes should be treated as sensitive
material, reasons should be included in the prosecution file.
In cases
where bite marks may be relevant advice should be sought from a
forensic odontologist regarding the interpretation and proper photography
of such marks.
Officers
should ensure that they use all evidential opportunities presented
by forensic medical examinations.
4.7
PHYSICAL EVIDENCE
4.7.1
FORENSIC SCIENCE
In most
incidents of child abuse it is likely that, at some point, legitimate
access to the victim or their home has been gained by a suspect,
and that the suspect may be living with, or has lived with, the
victim as a parent or carer, relative or visitor. This presents
different issues from those where the suspect is unidentified or
has no legitimate access to the scene. In cases where the suspect
has had legitimate access, it will not usually be sufficient to
identify the suspect as being present at the scene from forensic
evidence. The forensic investigation should consider the sequence
of events as explained by each party, looking at the scene in that
context. This means testing whether the information from the scene
corroborates the sequence of events supplied by the suspect as well
as the victims and witnesses. This principle may also apply to scenes
of previous incidents.
Areas
of significant evidence which could assist the investigator and
the CSI to interpret the scene include:
-
Blood pattern distribution
Although the presence
of blood at the scene may provide corroboration of physical assault,
pattern and distribution analysis can often establish the possible
pattern of events. For example, finding marks attributable to
blood soaked hair coming into contact with fixtures and fittings
may corroborate stated incident details. Similarly the size of
a small blood droplet may assist in establishing the height at
which a victim was bleeding, therefore assisting in the re-structuring
of events. Where cleaning has taken place, stained tissues, cloths,
contaminated taps, plugs and other materials may provide further
evidence of assault and evidence of the suspect’s state
of mind.
-
Fingerprints
While
finger or palm marks cannot be aged, the location of recovered
material may assist in establishing the suspect’s actions
at the scene. The situation of marks may assist compilation of
incident details, particularly if located in uncommon areas and
positions. The CSI should record the exact situation and position
of ridge detail. The position and context of these marks could
be critical to the corroboration of a victim’s account.
Officers should discuss the likely areas of search with the CSI.
-
Clothing and bedding
Tears
and damage to clothing may assist in the corroboration of accounts.
Fibre transference between the victim and suspect may be pertinent,
and the seizure of clothing bearing evidence of assault or attack
may also assist enquiries. Blood distribution on clothing may
further assist in clarifying the pattern of events. Clothing damaged
or contaminated during an attack may be discarded or put aside
for cleaning purposes. A search of items such as clothes baskets,
washing baskets and other areas where clothes can be hidden may
prove useful. Bedding, including mattresses may also be a useful
source of evidence. Seminal fluid can remain for months or years
provided the item has been kept dry and not washed.
-
Footwear impressions
Shoe
marks are sometimes recoverable from personal effects and the
victim’s body. Suspect footwear may contain debris resulting
from victim assault. Bruises should be subjected to careful study
as it is not uncommon to recover impressions from shoes or other
articles in bruising.
-
Medication and feeding materials
A child’s
medication and feeding materials including bottles may be a useful
source of evidence, particularly in a case of suspected fabricated
and induced illness.
-
DNA
Even
when the presence and identity of the suspect is not in dispute,
the presence of a suspect’s DNA at the scene may prove significant
when subject to interpretation. For example, DNA samples recovered
‘on top’ of a crime scene or otherwise linked to the
crime data can be interpreted as providing evidence of presence
at the scene which does not precede the event in question.
DNA may also be linked with items associated with the specific
incident. For example, a bottle used in an assault may identify
the drinker(s). Similarly a recently deposited cigarette stub
used to burn a victim may identify the smoker. This type of information
may help to establish some factual element to conflicting circumstantial
accounts.
Wherever possible articles should be submitted to the forensic
laboratory for examination, but it can be more cost effective
to request a CSI to attend the scene, particularly if it is a
large area. In a child abuse case, when the identity of the suspect
is not in question, officers should not assume that DNA evidence
should not be collected. Officers
should consider the collection of DNA samples from all suspects
on arrest or charge. Such evidence could link the suspect to other
offences against children and adults.
-
Signs of a disturbance or neglect
Disturbance
or damage to the scene could verify a sequence of events or negate
an account. Neglect can also be inferred from a description of
the scene which could assist the CSI in identifying evidence.
-
Injuries
The
victim is a crime scene and should be dealt with in that way.
Injuries may be less apparent in cases of long-term neglect and
officers should be alert to the possibility of injuries indicating
a pattern of abuse over a long period of time. Any interpretation
of injuries should come directly from the forensic physician carrying
out the medical examination.
-
Weapons
These may not conform
to usual descriptions and may be ordinary domestic items. The
configuration of marks, abrasions and bruises may offer comparison
with items associated with the assault. Debris from household
items used as weapons may remain in wounds, thereby providing
a physical fit to damaged articles at the crime scene.Considerations
in cases of sudden and unexpected death of an infant Prior to
the decision to treat the scene of a sudden and unexpected infant
death as a crime scene, where no loss of or contamination of potential
evidence is likely to result, the scene should be visited within
24 hours by the investigating officer. Any decisions made and
the grounds for them should be the subject of a timed record.
This is particularly relevant to those cases where there are no
grounds to suspect an unnatural cause of death but the cause is
uncertain. Where there are grounds to suspect unnatural death,
this should prompt a full investigation in accordance with the
ACPO (2000) Murder Investigation Manual and ACPO (2002) Guidelines
on Infant Death.
Investigators
should consider arranging for the seizure of bedding, mattresses
and clothing if these are reasonably considered to be potential
sources of forensic value. The child’s nappy and clothing
should remain on them and arrangements made for them to be examined
by the pathologist as appropriate. Other items which may be of
forensic value include the child’s used bottles, cups, food
and any medication which has been administered
.Investigators
should consider the psychological and emotional effect of such
actions on the bereaved parents or carers and explain that the
examination of items may help to discover the cause of the child’s
death. Items should be returned as soon as possible after the
coroner’s verdict or the conclusion of the investigation,
trial or appeal process. Before returning any items, the parents
should be asked if they actually want them back. If articles have
been kept for a while police should ensure that they are presentable
and that any official labels or wrappings are removed before return.
The articles should be returned in an appropriate and presentable
container. For further information, see 1.3.18 Sudden and unexpected
death of an infant.
4.7.2
PHOTOGRAPHIC AND VIDEO EVIDENCE
Photographic
and video evidence should be gathered wherever possible in child
abuse investigations. Expert photography can be of great value to
the investigation and in court proceedings. Photographs can also
be used in suspect interviews. For example, in neglect cases, video
evidence can provide a record of inadequate food, clothing or home
conditions and this can be used throughout the child protection
process and in a prosecution.
Still images
can be matched to video recordings of the more general scene. Whenever
hospital images recorded for internal damage prognosis (X-rays)
have been taken, officers should consider their value as a potential
source of evidence. Officers should be aware that photographic evidence
identifying individuals, including that attached to case files,
is subject to data protection legislation and should only be shared
with other agencies when necessary and in accordance with local
information sharing protocols.
Use
of X-ray and similar techniques
Identifying fractures
and bone injuries in infants and babies is particularly difficult
and it is not always possible for medical staff to give clear and
unambiguous answers. It is particularly difficult, for example,
to detect recent fractures to the ribs. The use of X-ray and similar
techniques should form part of the investigation strategy. A paediatric
radiologist should carry out any interpretation of children’s
X-rays and provide a written statement of their opinion in the case.
In any case where the consequences are likely to result in the removal
of a child from a parent or carer, or an arrest, a consultant paediatric
radiologist at a specialist centre should be asked to interpret
the X-rays. For further information, see ACPO (2004) Radiology in
Child Abuse Investigations: A Good Practice Guide for Investigating
Officers.
Checklist
14: Use of photographic evidence
Officers
using photographic evidence techniques should:
- Ensure
that a suitably trained forensic physician documents and records
injuries, rather than relying exclusively on photographic evidence.
- Be aware
that photographing a child may cause distress, particularly in
cases where photographing and videoing has been part of the abuse.
The reaction of the child to being photographed may itself form
part of the evidence and should be recorded as appropriate;
- Photograph
all injuries – bite injuries should be photographed as soon
as possible;
- Photograph
or video record all damage and disruption at the scene (including,
signs of neglect, damaged clothing and toys) and any other details
that will assist in corroborating the victim or witness accounts,
or proving the offence(s);
- Use
CSI photographs whenever possible in child abuse cases, irrespective
of whether Polaroid or digital photographs have been taken;
- Consider
using specialist ultraviolet photography which can be used to
show nonvisible historic bruising;
- Record
video footage of crime scenes when appropriate;
- Make
arrangements for the victim to be re-photographed when injuries
may be more apparent;
- Take
particular care when photographing darker skin tones as bruising
can be more difficult to see;
- Use
photographs, particularly instant, proactively to assist in the
investigative interview;
- Provide
custody officers with photographs to assist them with decision
making particularly in respect of police bail;
- Attach
any photographs to the file of evidence for the Crown Prosecution
Service (CPS).Checklist 15: Video evidence gathering
Officers
using video evidence should:
- Make
arrangements for the scene to be filmed as soon as possible with
the minimum of disturbance;
- Use
a trained evidence gatherer;
- Leave
each room in situ and film in accordance with a pre-determined
route;
- Clearly
identify and film particular hazards;
- Provide
adequate lighting;
- Provide
a verbal factual commentary to assist the court without expressing
any opinion;
- Refer
to tapes in statements made by the filming officer and ensure
that tapes are exhibited. For further information on the audit
process for using digital photography, see Home Office (2002)
Capture and preservation of evidential images from digital still
and video recordings:
- The
consent of the victim or parent or carer should be obtained before
any photographs are taken. This should be recorded on pre-prepared
forms, in an officer’s pocket book or within a victim’s
statement;
- Investigating
officers should ensure that victims are able to decide the location
that they would like the photographs to be taken at, if a choice
is available;
- A victim
and parent or carer should be informed that photographic evidence
obtained could be used as evidence in any subsequent child protection,
criminal or civil proceedings, eg, relating to child contact.
4.7.3
USING TAPES OF EMERGENCY AND OTHER CALLS TO THE POLICE
Tapes
of emergency and other calls to the police can provide a useful
source of evidence to support the prosecution of child abuse cases.
In particular, investigating officers should examine tapes to identify
the following:
- Identity
of the caller, if they have remained anonymous;
- Demeanour
of the caller;
- Background
noise including unsolicited comments from witnesses, suspects
and victims;
- Any
first description of the incident as provided by a witness or
victim.
Officers
should follow local guidelines for the storage and retention of
tapes of emergency and other calls and they should be included as
part of the prosecution file sent to the CPS, where relevant. PACE
directs how such evidence must be presented to be admissible in
the judicial process. Police forces should ensure that any guidance
given to call takers on operating procedures in child abuse cases
is also made available to the judicial process.
4.8
VICTIM EVIDENCE
4.8.1
INTERVIEWS OF CHILDREN AND SPECIAL MEASURES
All those involved in interviewing child victims should be familiar
with and trained in the application of the guidance in Achieving
Best Evidence. It is the responsibility of the investigating officer
to decide whether the circumstances of the case require an early
special measures meeting with the CPS. For further details, see
Home Office, CPS and ACPO (2001) Early Special Measures Meetings
between the Police and CPS and Meetings between the CPS and Vulnerable
or Intimidated Witnesses: Practice Guidance.
An interview
with a child should take place after a strategy discussion with
social services. The interview should not, however, be delayed solely
for the purposes of a strategy discussion if it is not in the best
interests of the child.
Where a
core assessment has taken place using the Framework for the Assessment
of Children in Need and their Families (2000), this will provide
considerable information about the child and their parent or carer.
The interviewing team may therefore have access to detailed information
about the child which can be used when planning and conducting the
interview.
Consent
to an interview
Where possible the child’s
parent or carer should be involved in the decision to interview
a child.
Exceptionally
a child may need to be interviewed without the knowledge of their
parent or carer. Relevant circumstances include the possibility
that a child would be threatened or coerced into silence or where
there is a strong likelihood that important evidence would be destroyed.
A child can request that a parent not be involved if they have the
capacity to make that decision, although officers should not give
guarantees that a parent will not be made aware of the allegation.
The response to a child’s request depends on a number of factors
including their age, mental and emotional maturity, intelligence
and comprehension. Attempts to gain consent or decisions not to
seek consent from the parent or carer should be recorded.Special
measures Under the provisions of the Youth Justice and Criminal
Evidence Act 1999, special measures apply to any child under 17
years who is giving evidence in cases involving sexual offences,
violence, abduction or neglect. The preferred measure should be
that they are video interviewed unless the child objects or there
are insurmountable difficulties which prevent the recording, eg,
when the child has been the victim of abuse involving video recording
or photography. When a child is giving evidence in any other cases,
the decision whether or not to video record should take into account
the following:
- Needs
and circumstances of the child, eg, age, development, impairments,
degree of trauma experienced, whether the child is now in a safe
environment;
- Whether
the measure is likely to maximise the quality of that particular
child’s evidence;
- Type
and severity of the offence;
- Circumstances
of the offence, eg, relationship of the child to the suspect;
- Child’s
state of mind, eg, likely distress and/or shock;
- Possibilities
of actual or perceived intimidation and recrimination.
Video recorded
interviews can be used as part of the evidence in criminal proceedings.
They can also be used in child protection processes and any subsequent
civil childcare proceedings or in disciplinary proceedings against
adult carers in institutional settings. For details about the conduct
and supervision of video interviews, see Achieving Best Evidence.
An early
decision should be taken on the most useful way to proceed in each
case taking account of all the circumstances of the case, including
the particular needs of the victim and the availability and suitability
of various special measures. Officers should consider whether the
criminal investigation and the needs of the child would be better
served by obtaining a written statement rather than a video-taped
interview. This may be particularly relevant if the child is older,
or there is a possibility that the alleged abuse involved the use
of video-taping. Some children may find it helpful to be able to
write things down. Research has shown that giving children the choice
of whether or not to avail themselves of technology in giving evidence
can be as important as the technology itself.
Officers
should also consider any consent issues that may arise when interviewing
and where appropriate make contingency plans with social services.
Irrespective of the medium used, the degree of preparation and planning
for the interview must be of the same standard. Decisions concerning
the interviewing process should be made with reference to Home Office,
CPS and ACPO (2001). Early Special Measures Meetings between the
Police and CPS, and Meetings between CPS and Vulnerable or Intimidated
Witnesses: Practice Guidance.
Children
should be informed, consulted and involved in any matter affecting
them, according to their age and understanding.
INVESTIGATION
DEVELOPMENT
Planning the victim interviewWhen
planning interviews with children, officers should take into account
the following factors relating to the child as they could affect
the structure, style, duration and pace of the interview:
- Age;
- Sex
and sexuality;
- Race,
culture, ethnicity and first language;
- Religion;
- Any
physical and/or learning impairments;
- Any
specialist health and/or mental health needs;
- Cognitive
abilities, eg, memory, attention;
- Linguistic
abilities, eg, how well they understand spoken language, (how
well they use it);
- Current
emotional state and range of behaviours;
- Family
members or carers and the nature of the relationships (including
foster or residential carers);
- Overall
sexual education, knowledge and experiences;
- Types
of discipline used with the child (eg, smacking or withholding
privileges);
- Bathing,
toileting and bedtime routines;
- Sleeping
arrangements;
- Eating
and drinking requirements;
- Any
significant stress recently experienced by the child and/or family,
eg, bereavement, sickness, domestic violence, job loss, moving
house or divorce;
- Child’s
views and opinions.
Planning
for the interview should include consideration of the following:
- Full
details of the current incident including evidence to support
the alleged offence;
- Details
of witnesses present during the incident;
- Nature
and seriousness of the victim’s injuries (physical and emotional);
- Points
to prove;
- Details
of family members;
- History
of the relationship and any incidents;
- Reference
to previous incidents;
- Whether
a weapon was used (how and what type);
- Details
of any threats made.
When considering
which subjects are to be covered during interview, the aims and
objectives of the interview should be clear. Questioning should
be built around the aims and objectives in order to identify further
lines of enquiry and to assist in the planning for the suspect interview.
Officers
should record the reasons for the interviewing strategy agreed and
preserve this record for possible use in any subsequent legal proceedings.
Officers should ensure that information gained from the victim and
witness interviews is included in any child protection processes.
An interviewer
may decide that the needs of the child and of the criminal justice
system are best served by an assessment of the child prior to the
interview. For further details, see 7 Multi-Agency working.
Research
has shown that the views and opinions of children have been ignored
or marginalised in the interview planning process. Depending on
their age and understanding children should be consulted and their
views and opinions taken into account when planning and preparing
for an interview.
Before
conducting the victim interview the interviewing officer should
ensure the following:
- The
interview meets the required standards as set out in Achieving
Best Evidence and the ACPO (1996) National Investigative Interviewing
Guidance;
- Provision
has been made for the use of suitable interpreters or intermediaries
for the interview, as required;
- Proper
explanation is given to the child and their parent or carer of
the roles of the social worker, police officer and any other members
of the investigating team;
- The
child’s understanding is monitored throughout the investigation;
- Provision
has been made for a victim personal statement to be video recorded.
4.8.2
IDENTIFICATION PARADES AND FACIAL COMPOSITION WITH CHILD VICTIMS
Where
a child is required to identify a suspect or collaborate with police
artists or facial composite operators, that process should be video
recorded as part of the evidence. It may also be useful to include
facial composite operators in the planning process for the victim
interview. For more detailed guidance on identification parades
with vulnerable witnesses, see Achieving Best Evidence.
4.8.3
VICTIM PERSONAL STATEMENTS
Details
of the Victim Personal Statement Scheme can be found in Home Office
Circular(35/2001) Victim Personal Statements. When the impact of
child abuse is introduced as evidence in court it can have a significant
effect on the sentencing powers of the court. A child abuse investigation
may include a victim personal statement from a child victim or parent
or carer (which may be referred to as a Hobstaff statement). It
may be necessary to take a statement from the victim and parent
or carer in order to establish a full picture of the impact of the
abuse. A victim personal statement should be given in the same format
as the original statement, ie, where the evidential statement is
video recorded, the victim personal statement should also be video
recorded.
The victim
personal statement should include details of the impact of abuse
on the child including physical, emotional and psychological effects,
and also financial, lifestyle and living arrangements. The victim,
parent or carer should be able to express their concerns regarding
bail or the fear of intimidation by or on behalf of the defendant.
They should also be given the opportunity to state whether they
want information, for example, about the progress of the case.
The statement
may include hearsay and other evidence in order to inform the court
as fully as possible about the impact of the abuse. The opinions
of the victim or the victim’s parent or carer as to the level
of sentence are not relevant. In any video interview with a child,
consideration should be given in the planning stage to including
a section for the victim personal statement, as outlined in Achieving
Best Evidence.
4.8.4
WITHDRAWAL STATEMENTS
An officer
from the CAIU should take any withdrawal statement from a child
victim. If a withdrawal statement is taken with care it may still
be used as evidence in current or future criminal proceedings, as
evidence in the child protection process or within the family court
system, eg, in a child contact dispute.
Where there
is suspicion that a child is being pressured or coerced to make
a withdrawal statement, efforts should be made to speak to the child
separately from the person(s) suspected of coercion. Coercion to
withdraw a statement may also be grounds to remove a child to a
place of safety, see 3.8 Police protection. In such cases officers
should also consider investigating relevant connected offences,
eg, intimidating a witness or harassment.
INVESTIGATION
DEVELOPMENT
Withdrawal statements
should be forwarded to the CPS and accompanied by a report from
the officer taking the statement. The report should detail their
observations about the reasons for the victim’s withdrawal
of their statement and their views about whether the case should
proceed.
4.9
POLICE EVIDENCE
4.9.1
DEBRIEFING THE FIRST OFFICER AT THE SCENE
The first
officer at the scene is a witness and the investigating officer
should, if a case warrants it, interview the officer and in other
cases take a full statement. This interview should be recorded where
appropriate. Supervisors should ensure that the welfare of these
officers is fully considered prior to and after the interview whenever
the nature of the investigation is likely to be distressing.
Interviews
should cover the officer’s initial appraisal of:
- The
victim’s injuries and reactions and those of any other children
in the house;
- Their
observations of the scene;
- Identification
of risk factors;
- Unsolicited
comments made by the suspect;
- Any
first description of the incident as provided by a witness or
victim;
- Significant
statements made by the suspect;
- Actions
taken by the officer at the scene and afterwards, and reasons
for that action, eg, any exercise of police protection powers
or referral to social services.
Where relevant
all of the above issues should be included in the officer’s
evidence and presented within their statement.
4.9.2
ENQUIRIES WITH OTHER POTENTIAL WITNESSES
The possibility of enquiries
with potential witnesses and house-to-house enquiries should be
identified early in the investigation. Examples include family members,
neighbours, shopkeepers, visitors and friends. Where other witnesses
are children, see 4.8.1 Interviews of children and special measures.
Checklist
16: Taking comprehensive withdrawal statements
A
withdrawal statement should contain the following information:
- Details
of the person(s) present when the statement is taken;
- Confirmation
that the original statement given to the police was true (if the
account given in the original statement has to be amended, an
explanation for this should be included);
- Whether
the victim has been put under pressure to withdraw;
- Nature
of the original allegation (if not fully covered in a previous
statement);
- Victim’s
reasons for withdrawing the allegation;
- With
whom they have discussed the case – particularly anyone
who has advised them or their parent or carer (a solicitor, for
example);
- Impact
on the child’s life if the case is continued.
Reasons
for the withdrawal of a statement, such as fears of court appearance
or intimidation by the suspect, should result in discussions with
the CPS to explore the options available to protect vulnerable witnesses,
including special measures.
House-to-house
enquiries may also be appropriate when obtaining general evidence
relating to a particular suspect and family. Careful questioning
may result in information about things said by the child, avoidance
behaviour by the child; observations about things heard and seen,
and the behaviour of the suspect towards the child. Although some
of the evidence may be inadmissible, sometimes it has the capacity
to rebut the suspect’s account and can assist the investigation
by confirming suspicions. Such evidence may also be important in
child protection proceedings and family or civil proceedings such
as child contact disputes or applications for civil injunctions.
In a child
abuse investigation house-to-house enquiries may require slightly
different planning as the defined area for the operation may only
include the immediate neighbours of the victim. Alternatively they
may include residents close to schools, parks or other places where
related incidents have, or may have occurred.
Officers
should consider the following:
- Sensitivity
of the enquiry may require that questioning techniques are adopted
to establish what the neighbour saw or heard, without disclosing
the exact nature of the alleged offence or incident;
- It may
be appropriate to use a standard questionnaire to elicit information;
- Questionnaires
should use open questions to allow interviewees to describe previous
incidents and provide further evidence;
- Questions
should be constructed to relate to general issues about the family
and/or other children who may be at risk through contact with
the suspect, eg, parenting style and use of discipline.
4.9.3
COVERT SURVEILLANCE
In exceptional circumstances,
officers may need to consider the possibility of using intrusive
surveillance in order to investigate certain allegations of child
abuse such as suspected fabricated or induced illness, see 1.3.9
Fabricated or induced illness. Officers planning surveillance in
cases of suspected fabricated or induced illness should seek advice
from the NCPE Operations Helpdesk and consult the confidential document,
Suggested Good Practice for the Use of Covert Surveillance Equipment
in a Hospital, which can be obtained from the Helpdesk. Another
example where intrusive surveillance may be considered is where
there is an allegation of rape of a child under 13 years and it
is not possible to prevent contact between the victim and suspect,
and it is suspected that abuse is continuing. The Surveillance Commissioner
has made it clear that in such a case the consent of the victim
is immaterial. The right of a child to privacy and claims to have
consented to sexual abuse should not play a significant part in
the decision to use intrusive surveillance in order to prevent or
detect an offence, although evidence obtained should be treated
with sensitivity. Surveillance may be used to prove that a child
is visiting or being visited by the suspect in cases where this
is denied. The priority should be the protection of a child from
abuse and intrusive surveillance should only be used as a last resort
to prevent further abuse. While monitoring the activity recorded
by intrusive surveillance, officers should recognise the importance
of intervening as soon as possible in order to protect the child.
Any covert surveillance will be subject to the Regulation of Investigatory
Powers Act 2000 (RIPA).
4.9.4
SPECIALIST POLICE DEPARTMENTS
Evidence can be held about
actual abuse and/or the impact on a child by a number of specialist
police departments, multi-agency teams or officers including:
- Domestic
violence officers;
- Youth
Offending Teams (YOT);
- Police
in schools;
- Community
beat officers;
- Officers
with responsibility for missing person enquiries.
Arrangements
should exist whereby all information and intelligence about children
at risk is collated centrally within a police force and cross referenced
with other appropriate information and intelligence, including that
relating to domestic violence, young offenders and missing persons.
4.10
SEEKING EVIDENCE FROM OTHER AGENCIES
Records held by other
agencies, particularly social services or the NSPCC may reveal previous
reports or incidents, evidence of the existence of abuse or evidence
of the impact of the abuse that will assist the prosecution case.
Enquiries with other agencies should take place in accordance with
Working Together to Safeguard Children and any other national and
local multiagency protocols and service level agreements. For example,
applications for disclosure of records held on a child or family
by social services should be made at management level in accordance
with local protocols. Any request for information should be sufficiently
detailed to allow social services or another agency to determine
whether disclosure of the information is necessary and in the best
interests of the child, and is relevant and proportionate to the
matter under investigation.
Any child
abuse investigation should include enquiries with the local authority
where the child lives and also where the child lived previously.
Investigators should also consider making enquiries about other
children with whom the suspect has had contact. Enquiries should
include any other names used by the child or family. Where appropriate
officers should consult relevant local protocols.
Officers
should note that partner agencies may, on occasions, be better placed
to obtain evidence from victims. It is however, the police who are
responsible for criminal investigations relating to child abuse,
including the evidential interview with a child victim.
Officers
should obtain full information about a victim’s child care
providers, schools and any youth services which they may have had
contact with. Where possible, contact should be made with the individual
who leads on child protection matters in a particular establishment.
Relevant information may also be obtained from other police officers
such as those based in schools.
When investigating
child abuse, officers should have the confidence and be prepared
to question the views of professionals in other agencies, including
doctors, no matter how eminent those professionals appear to be.
The roles
and responsibilities of some of the following agencies and service
providers are summarised in 9 Roles and responsibilities of other
agencies:
- Armed
services;
- Children
and Family Court Advisory and Support Service (CAFCASS);
- ChildLine;
- Connexions;
- Health
sector including health trusts and strategic health authorities,
accident and emergency (A&E) staff, ambulance service staff,
child and adolescent mental health services, dental practitioners,
general practitioners, genito-urinary medicine service staff,
health visitors, midwives, obstetric and gynaecological staff,
occupational therapists, paediatric staff, physiotherapists, pregnancy
advisory services, school nurses, sexual health services, speech
and language therapists and any other health care professionals
with whom the child has had contact;
- Housing
providers;
- Local
authorities, particularly social services and education services;
- NSPCC;
- Prison
Service;
- Probation
Service;
- Schools;
- Sure
Start and children’s centres;
- Voluntary
sector providers of services for children including child contact
centres, outreach and child advocacy services (eg, services affiliated
to Women’s Aid Federation England);
- Victim
Support and the Witness Service;
- Youth
services;
- Any
other agency involved in the ACPC/LSCB.MANAGEMENT ISSUES:
- Ensuring
that child abuse investigations focus on all sources of evidence
not just the victim’s statement (4A);
- Through
the ACPC/LSCB, developing guidance for all agencies in dealing
with child witnesses so that the integrity of their evidence is
preserved and the welfare of the child is not compromised (4B);
- Ensuring
officers conduct early assessments to determine whether victims
require special measures (4C);
- Providing
training for officers undertaking child abuse investigations to
equip them with the knowledge and confidence to question the views
of other professionals including doctors (4D);
- Through
the ACPC/LSCB, supporting the training of sufficient medical practitioners
and paediatricians to meet the recommendations of the Royal College
of Paediatrics and Child Health and Association of Police Surgeons
in respect of forensic medical examinations of children (4E);
- Providing
information and equipment to other agencies to improve the collection
of evidence (4F);
- Ensuring
the existence of appropriate information sharing protocols with
local agencies with reference to the Protocol between the Crown
Prosecution Service, Police and Local Authorities on the exchange
of information in the Investigation and prosecution of child abuse
cases (2003) (4G).
SECTION
5
POST-ARREST
AND SUSPECT MANAGEMENTThis
section is relevant to arresting officers, investigating officers,
custody officers and CAIU staff. It provides guidance on police
action after an arrest has been made in a child abuse case. Some
information will also be relevant in circumstances when an arrest
has not been made but an investigation is ongoing.
5.1
SUSPECT INTERVIEWS
Supervisors should ensure
that all officers conducting suspect interviews are appropriately
trained in accordance with the ACPO (1996) National Investigative
Interviewing Guidance and comply fully with PACE. Dependent on the
seriousness or complexity of the alleged offence(s), supervisors
should consider appointing a trained interview coordinator to assist
in the investigation. For detailed information about police responsibilities
relating to disclosure, see CPS (2004) Joint Operational Instructions
for the Disclosure of Unused Materials:
Principles
of conducting a suspect interview(a) Interviewing in accordance
with the principles of investigative interviewing and the PEACE
model. (b) Understanding the legal requirements and points to prove,
or defences of an offence, are key elements in achieving interview
aims and objectives.
The seven
principles of investigative interviewing are listed below, along
with special considerations for child abuse cases and details of
the stance an interviewer should adopt.
1.
The role of investigative interviewing is to obtain accurate and
reliable information from suspects, witnesses and victims in order
to discover the truth about matters under police investigation.
In addition to obtaining
a first account from a child abuse suspect, the following areas
should be considered when planning lines of questioning:
- Circumstances
leading up to the alleged offence;
- Motive
when committing the alleged offence;
- Character
of the suspect;
- Previous
child abuse by the suspect;
- General
relationships with children and child contact arrangements, if
applicable;
- Nature
of other relationships, past and present, including history of
abuse and controlling behaviour on the part of the suspect (eg,
domestic violence);
- Relationship
with other family members, family structure and functioning;
- Any
circumstances in which children of the family have lived away
from home;
- Contact
with external support agencies;
- Parenting
style, where applicable;
- Self
care and care of other family members, where applicable;
- Significant
family events, such as deaths and illnesses;
- Issues
relating to grooming such as membership of children’s organisations
and fostering of interests in children’s websites;
- Other
abuse towards strangers and acquaintances;
- Any
drug or alcohol misuse issues.
Information
from the suspect interview should be used in police bail decision
making. It should also assist in the decision making of the CPS
and the courts in determining the appropriate method of protecting
any children deemed to be at risk of harm, and assessing and managing
risk.
2.
POST-ARREST AND SUSPECT MANAGEMENT.
Investigative interviewing
should be approached with an open mind. Information obtained from
the person who is being interviewed should always be tested against
what the interviewing officer already knows or what has or can be
reasonably established.
- Interviewers
should adopt an ethical and impartial approach to the suspect
interview;
- Interviewers
should seek to establish what happened in a non-judgemental way;
- If the
suspect attempts to minimise their involvement then any contradictory
facts known by the interviewer should be put to them during the
interview.
3.
When questioning anyone, a police officer should act fairly in the
circumstances of each individual case.
- Each
interview should be considered on its merits;
- Explanations
as to why incidents occurred should be sought and probed;
- Interviewers
should not allow their own value judgements to influence a set
of circumstances or explanation given but should explore the thought
processes of the suspect.
4.
The police interviewer is not bound to accept the first answer given.
Questioning is not unfair because it is merely persistent.
- If a
suspect gives an account as to why the offence happened but this
does not equate with the investigation findings, then this account
should be challenged;
- Relevant
questioning around areas needed to prove the offence should be
conducted for as long as necessary, taking into account all of
the circumstances;
- Tone
and delivery of the questions should be in a format that avoids
criticism or collusion.
5.
Even when the right to silence is exercised by a suspect the police
still have the right to put questions.
- Interviewers
have a responsibility to question the suspect thoroughly in order
to afford them the opportunity to give their account;
- A particular
area of questioning might result in the suspect deciding to waive
their right to silence;
- In order
to achieve the full impact of a potential adverse inference in
the event of a prosecution, questions should have been put to
the suspect.
6.
When conducting a suspect interview, police officers are free to
ask questions in order to establish the truth.
- In child
abuse cases there may be a history of abuse, including previously
unproven allegations which should be introduced into the interview
process;
- Questions
should always be relevant to the offence being investigated;
- Admissibility
is for the courts to decide.
7.
Vulnerable people, whether victims, witnesses or suspects, should
be treated with particular consideration at all times.
- Questioning
of suspects should not be unfair or oppressive;
- An appropriate
style should be adopted when dealing with a vulnerable person;
- Different
interpreters should be used for the suspect, victim and witnesses;
- Interpreters
used for interviews should be different from those employed during
the court proceedings;
- Arrangements
should be made for people with hearing impairments. These might
include using sign language interpreters, lip speakers, speech
to text reporters or specific interpreters for those with dual
sensory impairment. All such interviews should be video recorded.
5.2
CHARGING AND PRE-CHARGE ADVICE
Police officers should
take account of CPS (2004) The Code for Crown Prosecutors when they
are consulting with the CPS. Officers should note that all child
abuse cases will fall within the pre-charge advice scheme, even
when a guilty plea is likely.
This scheme
is currently being developed so that crown prosecutors will be available
to provide pre-charge advice to the police. When the scheme is in
full use it will mean that between locally agreed hours (typically
9am – 5pm) no defendant should be charged with an offence
which is within the scheme even where conditional bail or custody
is being sought, without reference to the duty prosecutor. Outside
these hours, officers should consult CPS Direct, which is the ‘out
of hours’ telephone advice service. Where CPS Direct is not
available and custody or conditional bail is required, the police
should decide whether a charge is appropriate.
5.3
MANAGING RISKS ASSOCIATED WITH RELEASED SUSPECTS OR DEFENDANTS
When a decision has been
made to release a suspect with or without charge, consideration
should be given to the risks posed by the suspect to the victim
and risks posed by others to the suspect. This is particularly relevant
to those occasions when the suspect is a member of the victim’s
household, a relative, friend or associate with routine access or
circumstances in which they have access to other children. Consideration
should be given to the involvement of other agencies in the risk
management process. Multi-Agency Public Protection Arrangements
(MAPPA) may be a means to coordinate resources in managing any risks
presented by suspects. See 7 Multi-Agency working for further details
of MAPPA.
Remand
and police bail
Where a suspect is charged
with an offence related to child abuse, consideration should be
given to asking the CPS to apply for a remand in custody. Prior
to a decision to allow bail, victims and their parent or carer should
be consulted (where possible). All efforts should be made to impose
effective bail conditions that protect victims, children and witnesses
from further intimidation and abuse. In this context, children include
other children who may be placed at risk of harm.
If there
is insufficient evidence to charge a suspect, consideration should
be given to releasing them under section 47(3) of PACE to enable
further enquiries to be completed. This will allow time for other
witnesses to come forward and for a more detailed investigation
to be undertaken. The Criminal Justice Act 2003 allows for bail
conditions to be imposed where a suspect is bailed to return to
a police station while pre-charge advice is being sought from the
CPS.
Checklist
17: Post-release police bail
Custody
officers should consider including the following restrictions when
imposing police bail conditions so that children and other witnesses
are given maximum protection:
-
Not contacting the victim either directly or indirectly;
-
Not going within a certain distance of the victim’s home
or school;
-
Not going within a specified distance of any school or other places
that the victim, their siblings or other children frequent such
as shopping areas, leisure and social facilities, homes of childminders,
family or friends;
-
To live at a specified address, which is not that of the victim
or any other household containing children;
-
To report to a named police station on specific days of the week
at specified times;
-
To obey curfews as applied and to require the suspect to present
themselves to a police officer during the period of the curfew
(eg, relating to school opening times).
POST-ARREST
AND SUSPECT MANAGEMENT
Any conditions imposed
should be justifiable and capable of being policed for compliance.
The reasons for the conditions should be recorded, in accordance
with local policy.
Informing
the suspect of no further action
Where it is decided that
no further action will be taken against a suspect, they should be
advised of that outcome in accordance with force policy. In particular,
suspects should be advised to retain and preserve any documents
or other evidence that supports their defence. This is necessary
as the investigation could be resumed, for example, if any fresh
evidence comes to light, or new or historic allegations are made
which are relevant to the original investigation. See 7.7 Public
protection arrangements for further information regarding managing
any risks posed by a suspect against whom a conviction is not obtained.
5.4
KEEPING THE VICTIM AND PARENT OR CARER INFORMED
Once a decision on bail
has been made and before the suspect has actually been released,
the investigating officer should contact the victim and parent or
carer. The victim and parent or carer should be updated throughout
the investigation and during the pre-trial period. In particular
they should be informed of any decision to charge and/or bail the
suspect, including details of any bail conditions. A description
of the conditions that have been placed on the suspect should be
given to the victim and carer along with what action should be taken
if the conditions are breached. Once a decision has been made to
bail a suspect, their release should not be delayed by difficulties
in contacting the victim or their representative.
In a case
where a referral is being made to social services, where possible,
this should be explained to the parent or carer and, if appropriate,
the child. Officers should promote a positive but realistic image
of social services to encourage and enable people to access the
help and advice they need. Officers should explain the role of social
services and the referral process to the victim and their parent
or carer.
5.5
PREPARING INFORMATION FOR THE CROWN PROSECUTION SERVICE
In order that the crown
prosecutor can make an informed decision about a particular case,
the police should provide as much information as possible. This
also assists in the successful prosecution of the case and can be
used in the protection of the victim and any other potential victims
when applying for a remand in custody.
In some
circumstances this information will not be readily available, but
it should be passed to the CPS as soon as possible. The CPS should
be updated of any change in circumstances.
Checklist
18: File preparation
The
CPS requires the following information:
-
All relevant victim statements (including withdrawal statements,
medical statements and transcripts of victim interviews, victim
personal statements and any statement made on behalf of the victim);
-
All relevant witness statements (including, for example, neighbours
and other children);
-
Case exhibits (including photographic evidence);
-
Audio or videotapes of victim, witness and defendant interviews;
-
Any photographic, video or CCTV evidence;
-
Relevant police records, for example, pocket notebook entries,
risk assessments recorded on forms, incident logs, custody records
and 999 tapes;
-
Crime reports and intelligence relating to previous allegations
including those against other victims, which may indicate potential
similar fact evidence;
-
Any past or current civil proceedings;
-
Any previous convictions;
-
Details of the victim’s injuries (medical, photographic
and written);
-
Description of the scene with any photographic evidence or relevant
statements including those from the first officer at the scene;
-
Whether the defendant used a weapon;
-
Whether the defendant made any threats before or has made any
since the attack;
-
Whether the defendant planned the attack;
-
Details of any other children having regular contact with the
defendant;
-
Details of any suspected grooming activity by the defendant;
-
Chances of the defendant offending again;
-
Measures taken to protect the victim from the defendant such as
exercise of police protection powers;
-
Whether the defendant, victim or witness requires an interpreter;
-
Names of any interpreters used during police interviews;
-
Any requests by the defendant, victim or witness for an interpreter
of the same sex or of a particular ethnic group, political orientation
or affiliation;
-
Whether there is a need for an early special measures meeting
with the CPS;
-
Any witness needs in connection with going to court and, where
applicable, information to support a special measures application;
-
Evidence of the suspect or defendant or their relatives or associates
contacting the victim or their family since the incident or post
charge;
-
Any relevant records or statements from other agencies;
-
Details of previous involvement of social services and any joint
agency action;
-
Details of any mental health problems, drugs and alcohol misuse
relating to any party in the case;
-
Details of the wishes and feelings of the victim and parent or
carer about going to court;
-
Details of any unused material in accordance with the Criminal
Procedure and Investigations Act 1996;
-
Details of other potential evidence or evidence currently being
processed and therefore not available as part of the file, and
when this will become available.
POST-
ARREST AND SUSPECT MANAGEMENT
5.6
PREPARING FOR A CHILD TO GIVE EVIDENCE AT COURT
5.6.1
PRE-TRIAL THERAPY FOR CHILD WITNESSES
Concern
has been expressed that witnesses, and in particular child witnesses,
have been denied therapy pending the outcome of a criminal trial
for fear that their evidence could be tainted and the prosecution
lost. This concern may conflict with the need to ensure that child
victims are able to receive, as soon as possible, effective treatment
to assist their recovery. In the context of this potential conflict,
the following matters are relevant:
-
Many child victims express the wish to see their abuser convicted
and punished;
-
There is a wider public interest in ensuring that abusers are
brought to justice to prevent further abuse;
-
All accused persons are entitled to a fair trial.
Both child
care professionals and police investigators have a mutual interest
in ensuring that child witnesses who receive therapy prior to a
criminal trial are regarded as witnesses who are able to give reliable
testimony. To ensure that this happens, Provision of Therapy for
Child Witnesses Prior to a Criminal Trial: Practice Guidance (2001)
has been produced jointly by the Home Office, the CPS and the Department
of Health. Officers should refer to locally agreed protocols and
ensure that the CPS is fully informed of any pre-trial therapy provided
to a child.
5.6.2.
PREPARING A CHILD FOR COURT
Victim Support and the
Witness Service should be engaged, independently of the investigation,
to prepare a child to give evidence at court. The NSPCC have produced
the Young Witness Pack (1998) which should be made available to
children and their parents or carers to assist in preparing children
for court. This pack contains the following three booklets:
- Let’s
Get Ready for Court – for children aged 5 to 9 years
- Tell
Me More About Court – for children aged 10 to 15 years
- Your
Child as a Witness – for parents or carers.
The booklets
should be used interactively between the child and an adult who
is not involved in the case but who is able to explain the legal
framework. Ideally Victim Support and the Witness Service should
undertake this work. They should be familiar with the basic rules
of evidence and the dangers of inadvertently contaminating or otherwise
discrediting the child’s evidence.
The NSPCC
has also produced a video entitled Giving Evidence – What’s
it Really Like designed for older children to view in the presence
of an adult.
Child victims
and witnesses can benefit from visiting the court prior to the date
of the trial so that they are familiarised with the court and court
processes. Officers should organise this with the Witness Service.
The No Witness,
No Justice programme will, in time, provide dedicated witness care
teams throughout England and Wales. This will require investigating
officers to provide an assessment of the witness’s needs,
eg, childcare, transport and other practical issues. This assessment
is usually made at the same time as any statement or interview is
provided.
5.7
MEDIA HANDLING
At the investigation stage
the investigating officer should be aware of the potential dangers
of uncontrolled or inappropriate media reporting on future criminal
proceedings. Some cases that have attracted media attention have
led the defence to suggest that the defendant is unable to have
a fair trial due to the level and nature of media reporting. There
are many legal restrictions governing what might be said to the
media during the course of criminal and/or care proceedings, and
there may be injunctions in force.
Whenever
it is apparent that a particular case has attracted the interest
of the media, advice should be sought from the force press office,
or local equivalent, and a media strategy agreed. The strategy should
involve participation from all other agencies concerned in the investigation,
particularly social services. It should ensure that agreed, consistent
statements are issued by designated spokespersons and that staff
in each agency have a clear line of referral. Victims and their
families should be protected from the potential trauma that may
be associated with media interest. Press releases should avoid identifying
victims so that they may be shielded from media attention. When
officers respond to questions posed by the media, they should be
guided by the following principles:
-
Ensure the welfare of the child, including the protection of their
identity and that of any other children;
-
Avoid further harm to children;
-
Consideration for the victim(s) and their families;
-
Respect for the professional status of each agency involved;
-
Need for the content to be informed and informative;
-
Lawfulness;
-
Potential for harm to future criminal proceedings;
-
Need for the media to receive consistent messages from all agencies
involved, including the message that abuse of children is taken
seriously;
-
Details of the support provided to victims who come forward;
-
Consideration for the alleged offender(s) and their families.
For further
information about media reporting of cases involving children, see
International Federation of Journalists (2002) Child Rights and
the Media: Putting Children in the Right: Guidelines for Journalists
and Media Professionals:
MANAGEMENT
ISSUES:
-
Supervising investigative interviewing (5A);
-
Implementing ACPO (1996) National Investigative Interviewing Strategy
(5B);
-
Ensuring that risks presented by released suspects are effectively
managed (5C);
-
Supervising the custody process (5D);
-
Implementing the pre-charge advice scheme (5E);
-
Identifying risk prior to making decisions relating to police
bail (5F);
-
Developing local systems to ensure that the victim and parent
or carer are kept informed of issues concerning the investigation
and any child protection processes (5G);
-
Developing a generic media handling strategy or protocol with
other agencies, particularly social services (5H).
SECTION
6
CHILD
ABUSE
INVESTIGATION
UNITS
This section
provides information which is specific to the role of the Child
Abuse Investigation Unit, including child abuse investigation officers
and child abuse investigation supervisors.
6.1
THE TERMS OF REFERENCE OF CHILD ABUSE INVESTIGATION UNITS (CAIU)The
term Child Abuse Investigation Unit (CAIU) refers to the variety
of groupings of police officers whose primary function is the investigation
of child abuse. Other terms include child protection investigation
unit, child protection team, child protection unit or family support
unit. Police forces have a variety of structures and terms of reference
for their CAIU and some have units that deal with a wider scope
of work than intra-familial child abuse. The most suitable term
for such a unit is at the discretion of police forces. To avoid
undermining the status and creating confusion about the nature of
child abuse investigation within the Police Service, it is recommended
that the name of such groupings reflects that they are police officers
investigating serious crime.
The CAIU
should be fully integrated into the structure of the police force
and should not be disadvantaged in terms of staff, accommodation,
equipment or resources. Particular attention should be paid within
the CAIU to managing stress in terms of the workload and the emotional
nature of the work. The responsibilities of CAIU supervisors, including
their accountability for the CAIU, should be clearly documented
in policy and job descriptions. The terms of reference of the CAIU
should be published and made available to all staff.
6.2
VETTING AND TRAINING FOR CAIU OFFICERS AND SUPERVISORS
CAIU officers and supervisors
should be subjected to a particularly high level of vetting, see
8.1 Vetting of police staff. Child abuse investigation staff, including
inspectors and sergeants should have undertaken the Centrex (2003)
Initial Crime Investigator’s Development Programme, relevant
specialist training and training in the requirements of Achieving
Best Evidence. They should also have undertaken multi-agency training
provided by the local ACPC/LSCB in order to understand the roles
of other agencies. In particular, joint training with social services
staff should ensure that the impact of investigations on the child
is minimised by the cooperation of both organisations. Officers
should be sufficiently trained to have the confidence to challenge
the views of other professionals including doctors.
6.3
INVESTIGATIVE REMIT OF THE CAIU
6.3.1
INVESTIGATION OF CRIMES RELATING TO CHILD ABUSE
It is
stated in Working Together to Safeguard Children that child abuse
investigators should take primary responsibility for investigating
child abuse cases. At a minimum this should include criminal investigations
relating to the following offences:
-
Occurring within the household (as opposed to a stranger attack);
-
Committed by a carer or family member against a child where the
victim is under 18 years of age;
-
Concerning children in care when the abuser is alleged to be the
carer or an employee of the care organisation (eg, foster carer
or children’s home employee).
A
carer includes:
-
Any person visiting the household regularly (eg, neighbours or
family friends);
-
Any person having care responsibility at the time of the alleged
offence (eg, teacher, health or youth worker, prison staff or
babysitter);
The investigation
of crime against children is as important as the investigation of
any other form of serious crime. Any suggestion that child protection
policing is of lower status than other forms of policing should
be eradicated.
CHILD
ABUSE INVESTIGATION UNITS
The CAIU should also provide
advice to investigators in child homicide cases or take responsibility
for such investigations. Information from notifications, referrals,
telephone conversations with other agencies, strategy discussions,
joint visits, planning for interviews and contact with victims is
a source of intelligence and information besides being part of any
investigation. Officers should record all information in child abuse
investigations accurately and in writing. They should also record
the timing and context of all exchanges of information with and
from other agencies. A child abuse investigator should record crimes
against children in accordance with ACPO (2001) National Crime Recording
Standards.
6.3.2
OTHER SPECIALIST INVESTIGATIONS
The wider role of the
CAIU should be to promote the work of child abuse investigation
both within and outside the Police Service. CAIU officers should
advise those responsible for investigating child homicides and sudden
and unexpected infant deaths, or take full responsibility for such
investigations. The CAIU should also provide advice in the following
investigations:
-
Homicide of an adult in the context of domestic violence;
-
Domestic violence;
-
Missing persons enquiries;
-
Investigations of crime committed by a child where welfare concerns
arise about that child;
-
Professional standards department investigations relating to police
suspected of committing offences relating to child abuse or domestic
violence;
-
Any offences against a child.
The role
of the CAIU should be to give advice about the substantive investigation
and any safeguarding issues relating to siblings or other children
affected by the investigation. For example, in the case of a sudden
and unexpected infant death, a CAIU officer should be nominated
to assist the SIO, to liaise with social services and to deal with
any other child protection issues relating to the family. This role
may also include specialist advice to other agencies who investigate
child abuse such as social services and the NSPCC.
6.4
MULTI-AGENCY WORKING BY THE CAIU
6.4.1
REFERRAL PROCESS
Referral
In the context of this
document, a referral is a communication between agencies which alerts
the agency to concern for a child. This includes a communication
from the police to social services, NSPCC, school or health care
professional and a communication from one of these agencies to the
police. This section focuses on referrals from the police to social
services. For further information, see 7.2 Communication between
agencies.
The information
contained within a referral to social services should support the
assessment of the needs of the child. A referral of a child protection
concern has no threshold and is a subjective assessment intended
to raise awareness of the need for a closer inspection of the wider
circumstances of the child. The multi-agency context in which children
are protected requires that agencies exchange information about
concerns for children. A referral is the earliest point at which
information about a concern is communicated to social services and
begins the process of deciding whether action will be taken and
by whom.
The
referral process
Any referral by the police
to social services should be made as soon as is practicable by telephone
in the first instance. A record should be made of the time, date,
content of the communication and to whom it was made. The referral
should be followed up in writing within 48 hours.
Content
of the referral
The referral should contain
the following information as a minimum:
-
Name, sex, addresses and date of birth of the child about whom
there is concern and details of any other children in the family
or household;
-
Names, sex, addresses and dates of birth of parents or carers,
or any adults in the household;
-
Nature of concern, how and why it has arisen and whether any particular
needs are apparent;
-
Details of any information held about the family by the police
including information on PNC, local intelligence systems, ViSOR,
sex offenders register, domestic violence records, CAIU records;
-
Referrer’s name, address and contact details.
Officers
should comply with local protocols for the exchange of information
between agencies, including any safeguards relating to confidential
handling of personal information.
6.4.2
INVOLVING OTHER AGENCIES IN PLANNING AN INTERVIEW WITH A CHILD
The specialist knowledge
of other agencies and the information held on particular individuals
and families should be used to plan an interview in the following
ways:
-
Medical professionals, teachers and social workers can assess
a child’s development, and any special needs that they may
have which can assist in assessing the need for special measures,
and the planning for the pace and content of any interview;
-
Other agencies can assist in planning for the different possible
outcomes of an interview and the consideration of the implications
for the welfare of the child, their family and their possible
needs;
-
Other agencies have a key role to play in the assessment of a
child prior to interview. For further details, see 7 Multi-Agency
working.
6.4.3
JOINT INVESTIGATIONS
Child abuse investigators
should work closely with social services and other agencies by sharing
relevant information relating to children’s safety or welfare.
For further information, see 7 Multi- Agency working.
Whenever
a joint investigation by the police and social services into possible
injury or harm to a child is required, an officer of at least the
rank of sergeant should be involved at the referral stage and in
any further strategy discussion. In addition, an officer of at least
the rank of inspector should have an active overview of the investigation
to ensure that they are fully informed of, satisfied with and accountable
for the way that the investigation is planned and conducted.
The police
should refer to social services details of any child that is suffering
or may be at risk of suffering significant harm. They should also
refer details of any child in need who may benefit from services
offered by social services.
CHILD
ABUSE INVESTIGATION UNITS
6.4.4
CRIME PREVENTION AND CHILD PROTECTIONThe
CAIU should engage in multi-agency initiatives which are developed
to prevent child abuse and protect children. Prevention includes
initiatives that educate the public about child abuse and provide
children with skills to increase their safety and encourage the
disclosure of abuse. Prevention also includes the avoidance of further
harm to an abused child, their siblings, friends and other children
with whom an offender may have contact, now and in the future. Crime
prevention initiatives rely on early identification of child abuse
which in turn requires that information is shared between agencies
and is managed to enable the identification of the potential risk
of harm.
6.5
ROLE OF THE CAIU SUPERVISOR
The role of the CAIU supervisor
includes both substantive responsibilities relating to the investigation
of child abuse and safeguarding children, and staff management.
Where appropriate, this demanding role can be shared between several
supervisors. It is essential that the supervisor’s own workload
does not detract from their supervisory functions. The supervisor’s
workload should be routinely monitored by their own manager.
6.5.1
ASSESSMENT OF NOTIFICATIONS, REFERRALS, REPORTS AND INTELLIGENCE
The supervisor responsible
for the CAIU performs a key role in risk assessment of incoming
notifications, referrals, reports and internal intelligence indicating
concerns for children. An alternative arrangement is for all referrals
to be managed by a central referral unit within the police force.
Such an arrangement has the advantage of ensuring consistency in
decision making and of providing resources to cope with demand.
This risk
assessment process should prioritise the attention of other agencies
by referring them to notifications, referrals, reports and other
relevant intelligence.
All information
held by the police about significant adults should be risk assessed
in terms of the impact it may have on the victim or any other child.
The information may, in isolation, not primarily focus on a particular
child, but if considered with other facts it may have an impact
on the welfare of the child.
When a notification
is received the supervisor should ensure that intelligence checks
have been conducted in respect of all individuals relevant to the
notification. These checks should apply to all individuals in a
family or those involved in the described circumstances and should
include:
-
Child protection register;
-
PNC;
-
ViSOR;
-
Sex offenders register;
-
CAIU database;
-
All local databases;
-
Missing Persons Index;
-
Young Offenders Index;
-
Force intelligence systems;
-
Force control room records for any related incidents occurring
within a specified area and at relevant addresses;
-
Crimes and other incidents recorded in respect of relevant addresses
and individuals.
Information
gathered from these checks should be recorded. Violent or sexual
offences committed against victims of any age by a child abuse suspect
will be relevant in addition to any other offences that may influence
an assessment of risk. Reference to offences listed under Schedule
1 Children and Young Persons Act 1933 or a schedule 1 offence (which
is an indication that the offence was committed against a child)
should include information relating to the circumstances of each
offence in order to determine the extent of risk presented.
The CAIU
supervisor should ensure that information received by way of notification
and referral and any other relevant information is reviewed, recorded
on the local CAIU database or index system and cross-referenced
with the files of other family members. An assessment should be
made by the CAIU supervisor as to whether this information should
be referred to partner agencies. Where a notification is filtered
out from a referral it should be recorded and filed. Any subsequent
notification would alert the CAIU to review previous notifications
and consider referral of the combined incidents to other agencies.
In some circumstances the supervisor will need to make checks with
other police force areas or other agencies.
6.5.2
MULTI-AGENCY WORKING
Further detail about the
CAIU supervisor’s role in multi-agency working can be found
in 7 Multi-Agency working. Examples of multi-agency working by the
CAIU supervisor include:
-
Supervising the process of managing referrals to and referrals
from other agencies;
-
Representing the police on ACPC/LSCB subgroups, where appropriate;
-
Advising the lead senior officer responsible for police participation
in serious case reviews;
-
Participating in the MAPPA process as appropriate, see 7.7 Public
protection arrangements.
6.5.3
SUPERVISION OF INVESTIGATIONS
The CAIU supervisor should
ensure that they are routinely involved in reviewing the progress
of all aspects of child abuse investigations, including the identification
of risk factors. For example, the CAIU supervisor or other trained
supervisor should sample, review and supervise interview tapes of
child abuse victims, witnesses and suspects in accordance with local
policy.
At a minimum
it is recommended that three interview tapes per year per officer
should be sampled. These should be those of the latest ‘closed’
cases so that any issues arising can be addressed immediately, without
interference with a particular case.
Where appropriate
to the complexity of a case or to meet the requirements of effective
supervision and staff development, remote monitoring of live interviews
should be considered.
Where remote
monitoring is conducted, the interviewee and any representative(s)
should be made aware of the fact and it should be noted in the interview
record. The use of remote monitoring should be recorded on any prosecution
file. Supervisors should be aware that any findings from remote
monitoring of live interviews could be relevant to the defence.
Supervisory reviews of completed investigations should be signed
off before they are filed. The results of any reviews may be relevant
to the officer’s personal development record, according to
force policy. In cases of child abuse supervisory officers should,
from the outset, take an active role in ensuring that a thorough
investigation is carried out.
CHILD
ABUSE INVESTIGATION UNITS
6.5.4
STAFF MANAGEMENT AND WELFARE
As the
line manager for CAIU staff, the CAIU supervisor should be concerned
with the balance of work within the team, the welfare of individuals
and the quality of their work. The CAIU supervisor should ensure
that adequate opportunities are given for officers to discuss concerns
about cases which may affect their welfare. These opportunities
can be provided by meetings with the supervisor or through external
supervision such as coaching development and pastoral support, according
to local force policy. Supervisors should closely monitor the workload
of child abuse investigators. Consideration should be given to implementing
mandatory or voluntary counselling and/or welfare support for all
staff working in this field.
MANAGEMENT
ISSUES:
-
Publishing clear terms of reference for the CAIU and making them
available to all staff (6A);
-
Ensuring that CAIU officers and supervisors are sufficiently trained
in investigation, safeguarding and interviewing children, and
child abuse investigation to enable them to carry out their role
(6B);
-
Ensuring that the CAIU is sufficiently staffed and resourced to
ensure that individual workloads are not so excessive as to prevent
the thorough investigation of crimes against children and hinder
the performance of staff (6C);
-
Developing efficient processes for the risk assessment of notifications,
referrals and other intelligence about concerns for children (6D);
-
Ensuring that the workloads of supervisors and their substantive
investigation and safeguarding children responsibilities do not
impede their ability to supervise (6E).
SECTION
7
MULTI-AGENCY
WORKING
This section
provides information and guidance about the framework for multi-agency
working and is particularly relevant to CAIU supervisors and officers.
It will also be useful for officers involved in the Multi-Agency
Public Protection Arrangements (MAPPA) process and officers involved
in policing domestic violence. The framework for multi-agency working
is explained in Working Together to Safeguard Children.
7.1
AREA CHILD PROTECTION COMMITTEE/LOCAL SAFEGUARDING CHILDREN BOARD
Local multi-agency policy
on child protection matters is the responsibility of the local Area
Child Protection Committee/Local Safeguarding Children Board (ACPC/LSCB).
Each agency within a locality having responsibility for the health,
welfare and protection of children should be represented at senior
level on the ACPC/LSCB. The ACPC/LSCB is accountable to and funded
by each agency that makes up its membership and often has an independent
or rotating chair. This body is a strategic group and delegates
from all agencies, including the police should be of sufficient
seniority to commit resources of their agency to a particular policy
or course of action. Delegates from all agencies should also be
sufficiently senior to contribute to the development of strategy.
For these reasons, officers of at least the rank of superintendent
would normally hold an appropriate level of authority to represent
the police at an ACPC/LSCB. It is acknowledged, however, that such
authority is capable of delegation, provided that this does not
compromise the level of commitment and support to the ACPC/LSCB.
Similarly, it is essential that there is continuity of representation
at the ACPC/LSCB. The responsibilities and functions of the ACPC/LSCB
are set out in Working Together to Safeguard Children. Each ACPC/LSCB
is responsible for having in place a number of local protocols including
the following:
-
How enquiries under section 47 of the Children Act 1989 and associated
police investigations should be conducted and in particular, in
what circumstances enquiries under section 47 and linked criminal
investigations are necessary and/or appropriate;
-
Quick and straightforward means of resolving professional differences
of view in a specific case, eg, whether a child protection conference
should be convened;
-
Details of local child protection conference procedures, eg, quorums
or complaints processes.
The ACPC/LSCB
may devolve some of its tasks, such as monitoring working practices,
training and policy to subgroups to which experienced staff from
relevant agencies may be appointed. CAIU supervisors should participate
on such groups where appropriate. For more information about the
role of the ACPC/LSCB in multi-agency monitoring and evaluation,
see 7.10 Monitoring and evaluation.
7.2
COMMUNICATION BETWEEN AGENCIES
The majority of concerns
about children arise through routine contact with families by a
range of agencies. Initially the potential for abuse or harm to
the child may not be apparent. For the police, routine contact can
include dealing with child offenders, missing children and domestic
violence. In health settings, concern may arise when treating an
injury originally presented as accidental. In an educational setting,
concern may arise following a disclosure of abuse by a child to
a teacher. While staff within agencies, including the police, should
discuss any concerns with the family and seek their agreement to
make a referral to social services, this should only be done where
such discussion will not place a child at increased risk of harm
or jeopardise a criminal investigation.
7.2.1.
REFERRALS TO THE POLICE
Working Together to Safeguard
Children specifies that whenever social services (or the NSPCC if
relevant) encounters or has a case referred to it which constitutes
or may constitute a criminal offence against a child, they should
always inform the police at the earliest opportunity. This enables
the police and social services to share any relevant information
that they each hold and to consider how to proceed in the best interests
of the child. Where it is decided that it is in the best interests
of the child to proceed with a full criminal investigation, the
investigation is the responsibility of the police.
There will,
however, be less serious cases where, after discussion, it is agreed
that the best interests of the child are served by social services
led assessment rather than a full criminal investigation. This does
not relieve the police from their duty to investigate crime and
in every case there will be a requirement for an initial investigation.
The welfare of the child should in all cases take priority. Where
any doubt exists as to the seriousness of the case, the police should
take responsibility from the outset for any investigation necessary
to determine whether or not the case is appropriate solely to social
services investigation or if it requires further criminal investigation.
This is because in many cases it is difficult to determine how serious
or otherwise the allegations are, or to assess whether any other
children have been a victim of or are at risk of harm from the same
offender, until an initial investigation has taken place. Where
a joint decision is made that a case should result in social services
led intervention, this decision should be documented and the decision
reviewed as appropriate. Working Together to Safeguard Children
specifies that the ACPC/LSCB should have a local protocol detailing
how enquiries relating to children suffering or likely to suffer
significant harm (under section 47 of the Children Act 1989) and
associated criminal investigations should be conducted, and the
circumstances in which joint enquiries are necessary and/or appropriate.
When the
police receive a referral from another agency it should be recorded
and subjected to a consistent decision making and risk assessment
process. The process of managing, recording and assessing referrals
and other information relating to child abuse should be intrusively
supervised and audited by an officer of the rank of inspector or
above. Other agencies may have IT based information, referral and
tracking systems to assist in the analysis of information regarding
child abuse.
Police IT
systems should have the capability to record information from partner
agencies, decisions made and subsequent action taken, thereby creating
a clear audit process. If the report indicates that a crime has
been committed, according to ACPO (2001) National Crime Recording
Standards, supervisors should ensure that the incident is investigated
and a crime report is completed. Incidents not identified as a crime
should be retained in police records for use in the event of any
further investigations or future requests for information by other
agencies. In cases of serious crime against children supervisors
should, from the beginning, take an active role in ensuring that
a proper investigation is carried out.
7.2.2
REFERRALS TO SOCIAL SERVICES
All concerns about children
who are suffering or likely to suffer significant harm and concerns
about children who are in need should be passed to the appropriate
social services duty team without delay, both verbally and in writing.
The process of managing, recording and assessing referrals and other
information relating to child abuse should be supervised and audited
by an officer of the rank of inspector or above. The referral should
contain the following information as a minimum:
-
Name, sex, addresses and date of birth of the child about whom
there is concern and any other children in the family or household;
-
Names, sex, addresses and dates of birth of parents or carers,
or any adults in the household;
-
Nature of concern, how and why it has arisen and whether any particular
needs are apparent;
-
Details of any information held about the family by the police
including information on PNC, local intelligence systems, ViSOR,
sex offenders register, domestic violence records, CAIU records;
-
Referrer’s name, address and contact details.
Criminal
investigations relating to child abuse are the responsibility of
the police. The local authority is responsible for enquiries relating
to children who are suffering or likely to suffer significant harm
and assessments of children in need under the Children Act 1989.
MULTI-AGENCY
WORKING
Professionals, including
police officers, should discuss any concerns with the family and
seek their agreement to a referral to social services. This should
only be done, however, where such a discussion and agreement-seeking
will not place a child at increased risk of harm or jeopardise a
criminal investigation.
7.3
STRATEGY DISCUSSIONS
A strategy discussion
between the police, social services and other agencies, when relevant,
should take place if there is reasonable cause to suggest that a
child is suffering or likely to suffer significant harm, or is a
child in need. The purpose of the strategy discussion is to agree
whether to initiate enquiries under section 47 of the Children Act
1989, and whether to commence a core assessment and assist in the
coordination of the criminal investigation and social services action.
The initial assessment is the lead responsibility of social services
and is conducted using the Framework for the Assessment of Children
in Need and Their Families. For further details, see Working Together
to Safeguard Children and What To Do If You’re Worried A Child
Is Being Abused and Safeguarding Children: Working Together for
Positive Outcomes. During a strategy discussion information should
be shared between agencies and a plan formulated to:
- Share
other available information;
- Agree
the conduct and timing of any criminal investigation;
- Decide
whether a core assessment under section 47 of the Children Act
1989 should be initiated or continued if it has already begun;
- Initiate
a section 47 enquiry, where it is decided that there are grounds,
including decisions about;
-
How the core assessment under section 47 will be carried out
– what further information is required about the child
and family and how it should be obtained and recorded,
-
Who will carry out what actions, by when and for what purpose.
- Agree
what action is required immediately and in the short term to safeguard
the child and/or provide interim services and support. Where a
child is in hospital, this should include how to secure the safe
discharge of the child;
- Agree
the conduct and timing of any criminal investigation;
- Determine
what information about the strategy discussion will be shared
with the family, unless such information sharing may place a child
at risk of harm or jeopardise a criminal investigation;
- Determine
if legal action is required;
- Coordinate
a press strategy, if relevant.
During the
strategy discussion, police officers should discuss the basis of
any criminal investigation and any relevant processes that other
agencies might need to know about, including the timing and methods
of evidence gathering. For example, an officer should identify any
actions by agencies which may jeopardise the criminal investigation,
such as sharing particular information with a suspected offender.
In some criminal investigations it may also be useful to involve
other agencies in planning an interview with a child. For further
information, see Achieving Best Evidence.
Not all
strategy discussions require a face-to-face meeting and a telephone
call or series of calls may suffice initially. However, in complex
types of abuse or neglect a meeting is likely to be the most productive
way of discussing the child’s welfare and planning future
action. More than one strategy discussion may be necessary.
All strategy
discussions should have detailed minutes, which include a clear
and auditable process, to ensure that all participants are aware
of any risks, actions agreed for managing risks and decisions made.
A record of the discussion (sometimes referred to as the strategy
discussion record) should be circulated to those present. In a criminal
investigation, an interview with the child should not be unnecessarily
delayed solely for the purposes of a strategy discussion, unless
it is in the best interests of the child.
7.4
JOINT VISITS
The purpose of a joint
visit is to actually see the child and establish the child’s
welfare. Joint visits should be planned and the police and social
services should have defined roles. Joint visits are a useful investigative
tool and can greatly assist the risk assessment process. Such visits
are appropriate in the following circumstances:
-
If it is suspected that the child is a victim of crime;
-
Whenever there is little or no information on which to assess
whether the child is at risk of harm;
-
To assess a child’s cognitive development and ability to
provide an account during a video interview.
7.5
CHILD PROTECTION CONFERENCES
Any strategy discussion
may recommend proceeding to a child protection conference. A child
protection conference should be convened if concerns about a child
are substantiated and the child is judged to be at continuing risk
of significant harm. Working Together to Safeguard Children sets
out that a conference should be convened within fifteen working
days of the date of the strategy discussion (or the last strategy
discussion, if more than one is held).
Where a
criminal investigation has been undertaken or is ongoing CAIU staff
should attend all initial conferences and should inform the CAIU
supervisor that the conference is taking place. In those exceptional
circumstances in which an officer is unable to attend, the CAIU
supervisor should be informed of the reason for non-attendance.
This should be documented and a report of police actions, progress
of the investigation and other relevant information sent to the
chair of the conference, in accordance with ACPC/LSCB procedures.
7.5.1
THE INITIAL CHILD PROTECTION CONFERENCE
Following section 47 enquiries,
the initial child protection conference brings together family members,
the child, where appropriate, and those agencies most involved with
the child and family. A member of the CAIU should attend all initial
conferences and should inform the CAIU supervisor of the outcome.
If an officer is unable to attend, the reason for non-attendance
should be documented and a report provided to the conference.
The
purpose of the initial child protection conference is:
-
To bring together and analyse in a multi-agency setting the information
that has been obtained about the child’s health, development
and functioning, and the parents’ or carers’ capacity
to ensure the child’s safety and promote the child’s
health and development;
-
To make judgements about whether a child is at continuing risk
of significant harm, and whether a child protection plan should
be put in place and if necessary the child’s name placed
on the child protection register;
-
To decide what future action is needed to safeguard the child
and promote their welfare, to describe how that action will be
implemented and with what intended outcomes.
Social services
should coordinate a core group which will develop a child protection
plan. This is a social services responsibility and police officers
do not have a specific role in this part of the process.
The timing
of an initial child protection conference will depend on the urgency
of the case and on the time needed to obtain relevant information
about the child and family. A conference should, however, be held
within fifteen working days of the date of the strategy discussion
(or the last one, if more than one is held).
Involving
the child and family members
The involvement of family
members should be planned carefully. It may not always be possible
to involve all family members at all times in the conference, eg,
if one parent is the alleged abuser, if there is a high level of
conflict between family members or if there is a history of domestic
violence. Adults and any children who wish to make representations
to the conference may not wish to speak in front of one another.
There may be exceptional circumstances where it is necessary to
exclude one or more family members from the whole or part of a conference.
The conference
is primarily about the child, and although the presence of the family
is normally welcome, those agencies represented should be able to
share information in a safe and nonthreatening environment. ACPC/LSCB
procedures should set out criteria for excluding a parent or carer,
including the evidence required to exclude them.
A police
officer who has information to share at the conference where a suspect
may be present should contact the conference chair prior to the
conference and request that the information exchange be confidential
within the meeting. The chair will usually exclude the suspect from
the conference for this part of the proceedings. If this is not
possible the officer should submit the information in writing to
the chair and it should be recorded that the information could not
be shared with all agencies at the conference.
The decision
to exclude a parent or carer from the child protection conference
rests with the chair of the conference acting within ACPC/LSCB procedures.
If the parents are excluded or are unable or unwilling to attend
a child protection conference they should be given the opportunity
to communicate their views to the conference by another means.
Information
for the conference
Social services should
provide a written report to the conference which summarises the
information obtained in the course of the initial assessment and
section 47 enquiries. This report should be guided by the process
set out in the Framework for the Assessment of Children in Need
and Their Families. It is unlikely that a core assessment will have
been completed in time for the conference as such assessments are
expected to require a thirty-five working day maximum period for
completion according to Working Together to Safeguard Children.
Other agency
representatives attending the conference should bring details of
their involvement with the child and family. This includes information
concerning their knowledge of the child’s health and development,
the capacity of the parents or carers to safeguard the child and
promote the child’s health and development. Contributors,
including the police, should provide a written report in advance
which should be made available to those attending.
All those
providing information should take care to distinguish between fact,
observation, allegation and opinion. Police officers should ensure
that all databases are re-searched immediately prior to the conference
in order to update the conference with any new information, eg,
details of recent police visits to the family.
Actions
and decisions for the conference
The conference should
consider whether to register a child on the child protection register.
Even if a child’s name has not been placed on the register,
they may still be in need of help to promote their health and development.
Where a
child’s name is placed on the child protection register, the
act of registration itself confers no protection on a child and
should always be accompanied by a child protection plan.
It is the
responsibility of the conference to consider and make recommendations
on how agencies and the family should work together to ensure that
the child will be safeguarded from harm in the future. This should
enable agencies and the family to understand exactly what is expected
of them and what they can expect of others. The conference should
agree a date for the first child protection review conference and
under what circumstances it might be necessary to convene the conference
before that date.
7.5.2
THE CHILD PROTECTION REVIEW CONFERENCE
The first child protection
review conference should be held within three months of the initial
child protection conference. Further reviews should be held at intervals
of not more than six months for as long as the child’s name
remains on the child protection register. This is to ensure that
momentum is maintained in the process of safeguarding the registered
child. The police should check all databases immediately prior to
a review conference. If they are unable to attend the meeting they
should submit a report to update the conference about any changes
of circumstances or new information that has come to light in the
interim period. The police should be represented at all review conferences
at which the decision may be taken to place on or remove a child
from the child protection register.
The purpose
of the child protection review conference is to discuss the safety,
health and development of the child against criteria set out in
the child protection plan. The review requires as much preparation,
commitment and management as the initial child protection conference.
Every review
should consider explicitly whether the child continues to be at
risk of significant harm and needs to be safeguarded through adherence
to a formal child protection plan. If this is no longer required
then the child’s name may be removed from the child protection
register.
The police
should review all information available and a written report should
be prepared and supplied to the conference chair. This report should
update the conference about any new information and should include
views on continued registration or de-registration of the child.
In criminal
cases all documents which are records of meetings or discussions
should be retained as unused material pending potential disclosure.
7.5.3
RISK ASSESSMENTS FOR CONFERENCES AND MEETINGS
Prior to attending any
conference (whether an initial or review), PNC and other database
checks should have been completed. These checks may reveal that
the parent or carer who is attending the conference is:
-
Wanted – in which case an arrest strategy should be considered;
-
Suspected of offences that relate to the matter for which the
conference has been called and has not yet been arrested or interviewed
by the police. Where the suspect may impart evidence when discussing
issues at the conference the officer should give a caution and
record the comments made;
-
On police bail for the offences that relate to the matter for
which the conference has been called (see below).
Where a
criminal investigation is ongoing, the police representative at
the conference should request that information with regard to the
investigation is confidential. The chair of the conference should
then manage the information exchange by excluding the parents from
that part of the conference. If this is not complied with the officer
may not be able to fully share all of the information available.
A written record of police information should be handed to the chair.
The overriding consideration is the welfare of the child and any
activity must be carried out with minimum disruption to the conduct
of the conference.
Meeting
with a suspect while on bail
Interviews or meetings
between an officer and a suspect known to be on bail or a suspect
who is the subject of criminal proceedings under consideration may
only take place in accordance with force policy. The attendance
at a child protection conference of a suspect who is on bail should
be raised with the chair prior to the conference. A child protection
conference is not an interview and the discussion that takes place
is for the benefit of the child’s welfare.
An officer
attending such a conference should consider their responsibilities
as a police officer. If a suspect makes any admission of a criminal
offence during the conference, consideration should be given to
the ongoing criminal investigation and the requirement for a suspect
to be cautioned and their comments recorded.
7.6
INFORMATION SHARING
Keeping children safe
from harm requires agencies and others to share information. It
is only when information from a number of sources is shared and
is then put together that it becomes clear that a child is at risk
of harm or is suffering harm. Working Together to Safeguard Children
and What to Do if You’re Worried A Child Is Being Abused summarises
the relevant legislation and the principles behind information sharing
between agencies.
In addition
to local police and multi-agency protocols, any disclosure of personal
information to others should have regard to Common Law and legislation
including the Data Protection Act 1998 and the Human Rights Act
1998. In child protection there may be an obligation to share information,
even if the information relates to doubts and suspicions. For example,
although the Human Rights Act safeguards the right to a private
life, there are exceptions, eg, in order to protect life. ECHR Articles
2 and 3 create positive obligations to protect children and others
at risk of harm, see 3.1 Duty to protect children. A failure to
share appropriate information which could prevent a tragedy can
lead to criticism in the same way as an unjustified disclosure.
7.6.1
OBTAINING INFORMATION
At various stages of a
police investigation, information may be requested from other agencies.
Enquiries with other agencies should take place in accordance with
Working Together to Safeguard Children and any other national and
local multi-agency protocols and service level agreements. Applications
for disclosure of records held on a child or family by social services
should be made at management level in accordance with local protocols.
Any request for information should be sufficiently detailed to allow
social services or another agency to determine whether disclosure
of the information is necessary and in the best interests of the
child and is relevant and proportionate to the matter under investigation.
Checks of the local child protection register or of registers held
by other areas where a child has lived should be made in accordance
with local protocols.
7.6.2
DISCLOSING INFORMATION IN THE CHILD PROTECTION PROCESS
Police officers may need
to disclose information obtained during an investigation to strategy
discussions, child protection conferences and at other points in
the child protection process to inform decisions about the child’s
welfare. In many cases it is only when information from a range
of sources is put together that a child can be seen to be in need
or at risk of harm. One of the functions of the CAIU supervisor
is to prioritise and assess the police information provided to specialists
and partner agencies. Any relevant information should be shared
to enable child welfare concerns to be addressed. If a criminal
prosecution is pending the CPS should be consulted about any proposed
disclosure of information such as witness statements and other evidence.
Relevant information should be shared with other agencies if the
purpose is to protect a child. The assessment of what is relevant
is subjective and varies according to circumstances.
7.6.3
DISCLOSURE OF INFORMATION ABOUT THOSE WITH ACCESS TO CHILDREN
Home Office Circular (47/93)
Disclosure of Criminal Background of Those With Access to Children
provides further guidance on disclosure about those with access
to children. The Criminal Records Bureau (CRB) is responsible for
disclosing convictions, cautions and in certain cases, police intelligence
to employers and potential employers of staff in ‘notifiable
occupations’.
Annex A,
Schedule 2 of Home Office Circular (45/86) Police Reports of Convictions
and Related Information lists those occupations which require disclosure
of a new criminal conviction and in some cases a caution to an individual’s
employer. This particularly refers to offences involving violence,
indecency, dishonesty, drink or drugs as these may reflect on a
person’s suitability to continue in a profession or office.
Cautions for such offences administered to those whose positions
involve substantial access to children should also be reported.
Where the police have other information that gives serious cause
for concerns about the safety and welfare of children, the information
may be passed to the employer or professional body on the authority
of an officer of ACPO rank.
7.6.4
DISCLOSURE OF INFORMATION IN DISCIPLINARY HEARINGS FOR INDIVIDUALS
WORKING WITH CHILDREN
An employment discipline
hearing may run concurrently with the police investigation and information
held by the police may be requested to ensure the future protection
of children. Where it is proposed to supply copies of any statements
made by non-police witnesses during the course of an investigation,
the prior written consent of the maker of the statement must be
obtained (or a person with parental responsibility in the case of
children). The CPS should be consulted if a prosecution is pending.
7.6.5
DISCLOSURE IN CASES OF URGENCY
The police are responsible
for carrying out checks in emergencies, eg, when a child needs to
be placed with carers who have not been previously checked. When
such an occasion arises either during or outside working hours the
following should be considered:
-
Disclosure should be made of information which is relevant to
safeguarding children;
-
A failure to disclose relevant information to colleagues in other
agencies may put children at risk of harm.
If the enquirer
requires further non-urgent information, they must apply through
the appropriate channels with the CRB. Forces should have systems
in place for responding to requests for information falling outside
the remit of the CRB, where a concern for a child exists. A record
should be made for future reference and auditing processes and should
include the following information:
-
Details of those making the request and the circumstances in which
it was made;
-
Details of all sources checked against;
-
Results of all checks;
-
Details of the information disclosed;
-
Details of how the provisions of ECHR were complied with.
If it is
necessary for a child under police protection to stay with relatives
or other carers, their identity should be verified, details of residence
in any other police force areas obtained and basic checks made of
the proposed carers. These checks should include PNC, sex offenders
register, child protection register (in respect of any other children
in the care of the proposed carer), local intelligence systems and
ViSOR. Similar checks should be conducted within every force area
where the proposed carer has resided. Forces where the proposed
carer has lived should respond to requests from other forces. Any
other adult living in the residence should also be checked.
The purpose
of such a check is to establish the individual’s suitability
to have substantial unsupervised access to the child. Information
provided should be relevant, necessary and proportionate to the
enquiry. The police force should consider agreeing a protocol with
social services to determine the use and scope of emergency checks
which should include the following issues:
-
Circumstances in which checks will be made;
-
Arrangements for identity and address verification, by whom, and
how this should be undertaken;
-
Need to obtain details of all previous addresses occupied by the
proposed carer and who will obtain these details;
-
Extent of checks by the police in the host and other relevant
forces;
-
Extent of social services checks in the host and other relevant
social services areas;
-
Verification of the proposed residence as suitable for the child(ren)
and who will undertake this;
-
How information will be shared prior to any decision being taken
on the suitability of the carer;
-
Details of action to be taken should any inconsistency or concern
arise as a result of checks.
7.6.6
SHARING INFORMATION IN THE CIVIL COURT SYSTEM
Evidence gathered within
a criminal investigation should also be considered as evidence which
is appropriate for civil court, eg, in child contact hearings. This
ensures that safety planning for victims and any other children
can be undertaken and allows the court to make informed judgements
and assessments of risk.
In practice
this requires that officers maintain information sharing protocols
and structures for sharing information with Family Division Courts
and with CAFCASS. Information sharing with the civil court system
will often mean that police are requested to assist when a ‘finding
of fact’ is needed in a child contact or civil hearing. In
these circumstances officers should:
-
Inform parents or carers and victims of child abuse that records
of incidents (including tapes of emergency calls or other calls
to the police, withdrawal statements, interviews, photographs
and forensic medical reports) may provide evidence in civil proceedings
even where suspects are not charged or prosecuted with a criminal
offence;
-
Provide police reports detailing incidents that have come to police
attention, particularly information relating to any children normally
resident at the address and any observations made by officers
responsible for first response;
-
Provide first accounts made by the officer attending the incident,
including their view of the seriousness and the effect of the
incident upon the victim and any other children.
7.6.7
COVERT INTELLIGENCE SOURCES
Intelligence originating
from police registered or other sensitive sources cannot usually
be disclosed. If this information is relevant for the protection
of the child, the authority of a senior officer must be sought before
disclosure, in accordance with force procedures.
7.7
PUBLIC PROTECTION ARRANGEMENTS
Any investigation of child
abuse must consider the continuing risk of significant harm posed
to a specific child or children by a suspect. It may not be possible
in the course of that investigation to satisfactorily resolve all
such concerns. This is particularly relevant where a conviction
cannot be obtained.
Where an
investigation is concluded and concerns exist about risks presented
by a suspect they must be referred to broader public protection
systems that can assess and manage the risk posed by such potentially
dangerous people. Multi-Agency Public Protection Arrangements (MAPPA)
were formally established in April 2001. The arrangements require
local police, probation and prison services to establish arrangements
for the assessment and management of violent and sexual offenders.
Three categories
of offender fall within the MAPPA:
- Registered
sex offenders, that is those sexual offenders required to register
under the terms of the Sexual Offences Act 2003;
- Violent
offenders and those sexual offenders who are not required to register;
- Any
other offenders who, because of the offences committed by them
(wherever they have been committed), are considered to pose a
risk of serious harm to the public.
The CAIU
supervisor should be familiar with local arrangements for bringing
public protection concerns to the attention of the appropriate internal
authority, eg, the manager of a force public protection unit or
the senior officer representative for MAPPA.
Where continuing
concerns exist about the risks posed by a suspect, the officer in
the case or the key social worker should ascertain whether the suspect
has any convictions for sexual or violent offences that would bring
them within the remit of the MAPPA.
Where such
convictions do exist the matter should be brought to the attention
of the CAIU supervisor with a view to making formal referral of
the offender to the MAPPA. When such a referral is made, as a minimum,
it must be supported by a summary of the recent investigation and
the continuing concerns. Depending on the level and nature of risk
posed by the offender, the officer in the case or key social worker
may be invited to subsequent risk management meetings.
Where the
CAIU supervisor or line manager does not consider the matter is
suitable for referral to the MAPPA, a record should be made of the
reasons why.
Where concerns
exist but it is ascertained that the alleged perpetrator has no
convictions of either a violent or sexual nature the matter should
be brought to the attention of the CAIU supervisor with a view to
determining what action is appropriate. Such people are referred
to as potentially dangerous persons (PDPs). The statutory duties
of the police and social services to prevent further serious harm
and to protect children allow action to be taken to reduce the harm
posed by PDPs. For higher risk PDPs, some areas of England and Wales
use the framework of the MAPPA to involve relevant agencies and
to coordinate risk management plans.
It should
be noted that relevant information held by a Multi-Agency Public
Protection Panel (MAPPP) about risks to children may be shared appropriately
with concerned agencies, including the police. However, this does
not extend to sharing details of how any risk is to be managed or
other sensitive information, eg, that may relate to victims or covert
operations. For more detailed guidance on MAPPA, see Home Office,
ACPO and National Probation Service (2003) MAPPA Guidance.
7.8
COURT ORDERS AVAILABLE FOR THE PROTECTION OF CHILDREN
Social services are empowered
to obtain a number of court orders to support their work. Police
officers should understand the meaning of each order for the purposes
of engaging in multiagency work. They may also be required to enforce
a particular order.
7.8.1
CARE ORDER
A local authority or other
authorised body (but not the police) may apply for a care order
which places the child in the care of the local authority. When
court proceedings to decide upon a care order are adjourned, the
court may make an interim care order. This specifies the period
for which it is in force but may not last longer than eight weeks.
The court may make an exclusion requirement and may attach a power
for the police to arrest any person suspected of being in breach
of it. Officers should check the terms and timescale of any power
of arrest.
7.8.2
CONTACT ORDER
This order requires the
person with whom the child is living to allow the child to visit
or to stay with the person named in the order, or otherwise allow
for that person and the child to have contact with each other. Normally
such orders expire when the child attains the age of 16 years.
7.8.3
CHILD ASSESSMENT ORDER
The local authority and
other authorised bodies (but not the police) may apply for a child
assessment order. This directs the person who is in a position to
produce the child to comply with the directions of the court to
ensure that a medical examination, psychiatric assessment or other
assessment of the child takes place. If the child is of sufficient
understanding to make an informed decision he or she is entitled
to refuse to undergo any assessment.
7.8.4
EMERGENCY PROTECTION ORDER
An emergency protection
order (EPO) allows a child to be placed into the temporary care
of the local authority. It has effect for a maximum of eight days
(or for a shorter period if the court requires). Anyone, including
police officers, may apply for an EPO and an application should
be made in preference to using police protection powers wherever
possible. Before the court may grant the application it must be
satisfied that the child is likely to suffer significant harm if
not removed to accommodation provided by the applicant or if the
child does not remain in the place where he or she is being accommodated.
An EPO may also be made if enquiries under section 47 of the Children
Act 1989 are being frustrated by access to the child being unreasonably
refused to a person authorised to seek access, and the applicant
has reasonable cause to believe that access is needed as a matter
of urgency. Where a police officer considers making such an application,
it should be made following consultation with social services.
7.8.5
EXCLUSION ORDER OR EXCLUSION REQUIREMENT
The care order and EPO
may, subject to conditions, specify certain people who should be
excluded from living where the child is resident. This is known
as an exclusion order or exclusion requirement. The court may attach
a power for the police to arrest anyone suspected to be in breach
of an exclusion requirement.
7.8.6
PROHIBITED STEPS ORDER
This order prohibits certain
steps being taken without the consent of the court. These steps
could ordinarily be taken by a parent in meeting their parental
responsibilities to the child. The order applies to any person,
not just the parents. Normally such orders expire when the child
attains the age of 16 years. Such orders are useful in preventing
offences such as planned FGM by a parent or carer.
7.8.7
RECOVERY ORDER
This order authorises
the recovery of a child in a variety of circumstances including
where a child is in police protection. The order can require a person
who has information about a child’s whereabouts to disclose
that information to a police officer or an officer of the court.
It can also authorise entry to a particular premises to search for
a child, using reasonable force if necessary.
7.8.8
RESIDENCE ORDER
The court may make an
order which determines the place of residence of a child and with
whom the child is to live. Such orders usually expire when the child
attains the age of 16 years.
7.8.9
SPECIFIC ISSUE ORDER
This order gives directions
for determining a specific question which has arisen or which may
arise in connection with any aspect of parental responsibility for
a child. In effect, the order attempts to reduce the number of occasions
when the court needs to be referred to by anticipating and setting
out the means by which a particular question may be answered. These
orders usually expire when the child attains the age of 16 years.
They are also useful in preventing offences such as planned FGM
by a parent or carer.
7.8.10
SUPERVISION ORDER
A local authority or other
authorised body (but not the police) may apply for a supervision
order which places the child under the supervision of a probation
officer, or in some circumstances the local authority. Where court
proceedings to decide upon such an order are adjourned, the court
may make an interim supervision order which will specify the period
for which it is in force. It may not, however, last longer than
eight weeks.
7.8.11
UNDERTAKINGS
Where the court has power
to make an exclusion requirement to an EPO, it may accept an undertaking
from the relevant person. There is no power of arrest in respect
of any breach of the undertaking but it can be enforced as if it
were an order of the court.
7.9
SERIOUS CASE REVIEWS AND INTERNAL MANAGEMENT REVIEWS
7.9.1
SERIOUS CASE REVIEWSSerious
case reviews should be conducted when a child dies and abuse or
neglect are known or suspected to be a factor in the death. Reviews
should also be considered when a child sustains life threatening
injury, serious and permanent impairment of health and development,
or has been subjected to serious sexual abuse and the case causes
concerns about inter-agency working to protect children. Working
Together to Safeguard Children provides guidance on the setting
up, timing, conduct and management of serious case reviews.
The purpose
of serious case reviews is to identify lessons to be learned from
cases about how local agencies should work together to safeguard
children, actions to take in response to the review and what is
expected to change as a result. The purpose of the review is to
not to decide how a child died or who is culpable, but to improve
multi-agency working and protect children.
The Department
for Education and Skills is responsible for identifying and disseminating
common themes and trends across review reports and acting on lessons
for policy and practice. It also commissions regular overview reports.
According
to Working Together to Safeguard Children where there is a related
criminal investigation and prosecution, any proposals for a serious
case review should be agreed with the police and the CPS to ensure
that the review does not prejudice any criminal proceedings.
The senior
officer responsible for serious case reviews should attend the initial
meeting of the ACPC/LSCB or the serious case review panel. If this
is not possible another senior manager (ideally a detective chief
inspector who is independent of the case) should be nominated to
attend. The senior officer may wish to be accompanied by a specialist
manager with detailed knowledge to assist the process, eg, a CAIU
supervisor and/or the officer conducting the internal management
review.
7.9.2
INTERNAL MANAGEMENT REVIEW
An internal management
review of the police involvement with the child and family should
begin as soon as a decision is taken to proceed with a serious case
review, or sooner if a case gives rise to concerns within the individual
police force. A review requires objective criticism of child protection
procedures and is intended to be an independent process without
the participation of those involved in the case. Those conducting
an internal review should not have been directly involved with the
child or family, or have managed those who were involved with the
family. The purpose of such a review is to look openly and critically
at individual and organisational practice to identify the potential
for change. The format of internal management reviews is described
in Working Together to Safeguard Children.
A senior
manager of the police force should be informed whenever a review
may be called for. That person should then be the senior officer
responsible within the force for commissioning the review, and should
also be responsible for ensuring that recommendations are acted
upon. When the review report is completed there should be a process
for feedback and debriefing of staff involved.
The ACPC/LSCB
should commission an overview report which collates and analyses
the findings of the various reports from agencies and others. It
should also make recommendations for future action. Following the
publication of an overview report there may need to be a follow-up
feedback session if the ACPC/LSCB raises new issues for the police
and/or individual members of staff.
Efforts
should be made to encourage staff to participate honestly and openly
in the internal review process and not be inhibited by disciplinary
issues. Serious case reviews are not part of any disciplinary process,
but information that emerges may indicate a need for disciplinary
action or further enquiries. Reviews may also be conducted concurrently
with disciplinary action.
Where appropriate,
internal management reviews should be conducted to include regular
communication with professional standards departments. Findings
from the review should be incorporated into the staff development
and action planning process.
7.10
MONITORING AND EVALUATION
7.10.1
ROLE OF THE AREA CHILD PROTECTION COMMITTEE (ACPC) / LOCAL SAFEGUARDING
CHILDREN BOARD (LSCB)Monitoring
and evaluation play an important role in ensuring that targets are
met in the work of the ACPC/LSCB. For targets to be monitored clear
performance criteria need to be set. Once these criteria are agreed
performance can be evaluated against the shared targets. The ACPC/LSCB
can also play an important role in facilitating service level agreements
and institutional audits.
7.10.2
LOCAL CRIMINAL JUSTICE BOARDS
Local criminal justice
boards replaced all Area Criminal Justice Strategy Committees, Trial
Issues Groups, Chief Officers’ Groups and any existing Criminal
Justice Boards. These boards can be used to monitor criminal justice
responses to child abuse within agencies that have key responsibilities
and targets. They are responsible and accountable for, local delivery
of criminal justice system objectives, including improvement in
the delivery of justice, the service provided to victims and witnesses,
and securing public confidence.
7.10.3
SERVICE LEVEL AGREEMENTS
Service level agreement
(SLA) is a term sometimes used interchangeably with the term contract.
In multi-agency working, SLAs can be negotiated agreements or exchanges
in terms of the type and quality of service that each agency should
expect from the other. They can be used to refer to agreements by
voluntary sector agencies to provide a service in return for funding
from statutory agencies, or between statutory agencies for the provision
of a service in return for a service. SLAs and agency compliance
with them should be monitored regularly and targets (including timescales)
should be assessed and amended according to performance. The ACPC/LSCB
can play a crucial role in this process.
7.10.4
AGENCY OR INSTITUTIONAL AUDITS
Agency or institutional
audits can be used to evaluate the services provided by each agency
and to examine barriers that victims may experience with one particular
service or a multi-agency service. The ACPC/LSCB can coordinate
the audit process.
Participating
agencies should:
-
Set clear terms of reference for the audit;
-
Agree how the process should be carried out;
-
Consult practitioners working within participating agencies;
-
Consult with service users and non-users.MANAGEMENT ISSUES:
-
Establishing systems for the joint monitoring by the police and
social services of referrals and the timeliness of referrals (7A);
-
Agreeing protocols between the police and other agencies for the
exchange of child related information, including use of the Government
Protective Marking Scheme, issues of third party disclosure, joint
monitoring and routine audits (7B);
-
Through the ACPC/LSCB, police participation in joint monitoring
of attendance at child protection conferences and reviews (7C);
-
Ensuring that satisfactory arrangements are established within
the police force and other relevant agencies for the management
of potentially dangerous persons (PDPs) (7D);
-
Implementing any recommendations for the police arising from serious
case reviews and internal management reviews (7E).
SECTION
8
MANAGING
POLICE OFFICERS, STAFF AND INFORMATION SYSTEMSThis
section gives guidance on the management and supervision issues
of particular significance in child abuse investigations. It is
relevant to all police managers, particularly CAIU supervisors and
their managers.
8.1
VETTING OF POLICE STAFF
Staff working in the CAIU
should be subject to a particularly high level of vetting and this
process should be described in any adverts for posts. This vetting
should include enquiries into the following:
-
Any complaints or professional standards investigations;
-
Any occupational health issues;
-
Existing civil orders including any child contact restrictions;
-
Records held of children on the child protection register who
are related to the applicant.
The NSPCC
Specialist Investigation Service can undertake independent risk
assessments of individuals following allegations of child abuse
which have been investigated but have not led to criminal charge
or conviction. For further information, see NSPCC (2003) NSPCC Specialist
Investigation Service Joint Working Protocol Between the NSPCC,
Police (ACPO) and the Association of Directors of Social Services
(ADSS).
8.2
POLICE PERPETRATORS OF CHILD ABUSE AND DOMESTIC VIOLENCE
The CAIU should provide
advice to the police force professional standards department when
an internal investigation relates to allegations of child abuse
by a police officer. This should also include any allegations of
domestic violence which may involve children. Reference should be
made to the ACPO (2004) Policy on Police Officers who Commit Domestic
Violence Related Criminal Offences. A communications system should
exist whereby police officers notify their force of any domestic
violence related civil injunctions and/or orders made under the
Children Act 1989 which deny contact or only permit contact under
supervision, or a Prohibited Steps Order and any breaches of such
orders.
A child
abused by a member of the Police Service may be reluctant to make
any disclosures to a police officer. In such circumstances the NSPCC
Specialist Investigation Service can provide useful support to the
investigation, particularly in relation to conducting interviews
with the child.
8.3
MANAGEMENT OF CHILD ABUSE INVESTIGATIONS, CHILD ABUSE OR CHILD PROTECTION
DATABASES AND RELATED INTELLIGENCE
Processes should be in
place to ensure the routine involvement of supervisors in:
- Reviewing
the progress of child abuse investigations;
- The
management of child abuse-related intelligence including child
abuse or child protection databases.
These processes
should be auditable and form part of the performance management
cycle.
8.4
USE OF THE NATIONAL INTELLIGENCE MODEL
Information about child
abuse can come from a variety of sources. This information is usually
managed by the CAIU. CAIU staff should be alert to the intelligence
opportunities such as those available through police sources, information
from the public and from other agencies. Analysis of such information
by the CAIU in consultation with intelligence officers and analysts
can lead to conversion into intelligence which, through the application
of the National Intelligence Model (NIM), can result in the use
of tactics which will reduce or remove any threats. Analysis should
also contribute towards the risk assessment process. This is of
particular importance when assessing the risks posed by registered
sex offenders, persistent dangerous offenders and groups of linked
offenders. Intelligence relating to alleged child abuse should be
applied using the NIM through levels one, two and three to provide
information for strategic and tactical assessment.
MANAGING
POLICE OFFICERS, STAFF AND INFORMATION SYSTEMS
Analysis should include
making decisions about strategies for the prevention of abuse and
methods of enforcement. Analysis can also determine gaps in knowledge
which can be reported as intelligence requirements and communicated
to staff so that they may search for information when engaged in
daily duties, eg, attending incidents and visiting schools. Similarly,
a target profile can be used to identify particular individuals
and groups who are suspected or identified as a threat to children.
Intelligence, when used properly, should enable resources to be
targeted at identified offenders (both individuals and linked groups)
and locations, eg, a school or children’s home, to prevent
child abuse or drive effective investigations of child abuse.
8.5
PERFORMANCE MANAGEMENT
Effective performance
management in child protection cases enables the optimum use of
resources, the identification of trends, good and poor performance,
and gaps in the service. It also provides a structure for ownership
and accountability. Performance in connection with both child abuse
investigations by specialists and other police staff should be an
integral part of the overall performance management regime. Managers
should be identified to take responsibility for performance of investigations
into child abuse, which should be monitored and reviewed at force
and divisional levels. To enable the measurement of performance
in this area, forces should be able to distinguish between crimes
committed against children and offences against adults.
Performance
management in child protection should be explored through joint
performance indicators developed through the ACPC/LSCB. A performance
regime should be developed in force to address internal activity,
outputs and outcomes from the police perspective. Examples of potential
performance measurements include:
Activity
-
Internal notifications;
-
Notifications resulting in referrals;
-
Referrals received from agencies;
-
Referrals to social services;
-
Police (sole and joint agency) investigations resulting from notifications
or referrals;
-
Social services (sole agency) investigations resulting from notifications
or referrals;
-
Strategy meetings attended;
-
Number and percentage of initial and review child protection conferences
attended and pre-conference checks completed;
-
Use of police protection powers;
-
Time spent by children in police protection before release to
social services or a carer;
-
Arrests for offences against children;
-
Policy compliance data.Output
-
Detections;
-
Case tracking and attrition;
-
Joint performance monitoring (with the CPS).Outcome
-
Court results;
-
Overall crime and detection rate for offences against children;
-
Repeat victimisation rates;
-
Child homicide statistics;
-
Child abuse crime statistics and detections;
-
Feedback from other agencies involved in child protection.
-
Ensuring compliance with the Human Rights Act 1998, Race Relations
Act 1976 (as amended) and other anti-discrimination legislation
(8A);
-
Ensuring that effective arrangements to monitor and control the
workloads of staff and supervisors are established (8B);
-
Ensuring that counselling for staff is accessible and that staff
are encouraged to seek support (8C);
-
Ensuring that child protection concerns are addressed where police
officers are alleged perpetrators of child abuse or domestic violence
(8D);
-
Establishing explicit links between child protection and the intelligence/public
protection functions (8E);
-
Establishing a clear relationship between protecting children,
public protection, the management of registered sex offenders
and the NIM (8F);
-
Clarifying roles and responsibilities of other agencies (8G).
SECTION
9
ROLES
AND RESPONSIBILITIES OF OTHER AGENCIESThis
section outlines the main roles and responsibilities of statutory
agencies and the voluntary sector in child protection, particularly
those organisations that are relevant to the police. Working Together
to Safeguard Children provides more detail of the roles and responsibilities
of a range of agencies.
9.1
ARMED SERVICES
The armed services have
their own specialist welfare support provision. In the Royal Navy
and the Royal Marines it is the Naval Personnel and Family Service
(NPFS) and Royal Marines Welfare (RMW). In the Army it is the Army
Welfare Service (AWS) and for the Royal Air Force it is the Social
Work Service RAF (UK) (SWS RAF UK). These welfare services in the
UK have no statutory powers but work closely with local authorities
and other relevant agencies including the police to safeguard children.
The welfare services should attend the ACPC/LSCB to ensure that
children in military communities receive the same level of support
as those in civilian communities. When service families are based
overseas, the responsibility for safeguarding and promoting the
welfare of children is vested in the Ministry of Defence Police
and the British Forces Social Work Service delivered by the Soldiers’,
Sailors’ and Airmen’s Families Association (SSAFA).
For more details, see Working Together to Safeguard Children.
9.2
CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICE
The Children and Family
Court Advisory and Support Service (CAFCASS) is independent of the
courts, social services, education and health authorities and all
similar agencies. CAFCASS deals with family proceedings where the
welfare of children is or may be in question. Its function is to:
-
Safeguard and promote the welfare of the child;
-
Give advice to the court about any application made to it in such
proceedings;
-
Make provision for children to be represented in such proceedings;
-
Provide information, advice and support for children and their
families.
The
main types of cases in which the courts ask CAFCASS to help are
when:
-
Parents are separating or divorcing and have not reached agreement
about arrangements for their children;
-
Social services have become involved and children may be removed
from their parents’ care for their safety;
-
Children could be adopted.
Children
and family reporters
Children and family reporters
become involved in cases when parents who are divorcing or separating
have not been able to reach agreement about arrangements for their
children. Sometimes agreement can be reached without having to involve
the court any further but if not the children and family reporter
writes a report for the court.Children’s guardian
A children’s
guardian (formerly known as a Guardian Ad Litem) is appointed when
the court requires an independent view of what has been happening
and what should happen in the child’s life. A children’s
guardian will usually be appointed in certain court proceedings
under the Children Act 1989. They are also involved in adoption
proceedings. Children’s guardians are appointed by the court
from the local CAFCASS office and are not employees of the local
authority.
9.3
CHILDLINE
ChildLine is a free UK
wide 24-hour helpline for children in distress or danger. It is
staffed by trained volunteer counsellors and supervised by a team
of professional supervisors and managers. Children call ChildLine
about a wide range of problems, but the most common problems are
abuse (both sexual and physical), bullying, serious family tensions,
worries about friends’ welfare and teenage pregnancy. ChildLine
also provides an outreach service to schools and youth groups.
ROLES
AND RESPONSIBILITIES OF OTHER AGENCIES
9.4
CONNEXIONSConnexions
is the government’s support service in England for all young
people aged 13 to 19. The service provides integrated advice, guidance
and access to personal development opportunities for this group
and helps to make a smooth transition to adulthood and working life.
It brings together all the services and support that young people
need during their teenage years. Practical help is offered in choosing
the right courses and careers, including access to broader personal
development through activities like sport, performing arts and volunteering
activities. It also provides help and advice on drug abuse, sexual
health and homelessness. All young people have access to a personal
adviser. For some young people this may be just for careers advice,
for others it may involve more in-depth support to help identify
barriers to learning and find solutions brokering access to more
specialised support.
9.5
CROWN PROSECUTION SERVICE
The CPS makes decisions
about whether to prosecute a case. The CPS is responsible for the
way in which the case is handled. This is in consultation with the
police, but ultimately the decision is that of the CPS. Many CPS
areas have protocols and local service level agreements with the
police. The Code for Crown Prosecutors provides guidance on how
crown prosecutors should make decisions on whether to prosecute
or not.
It is the
role of the CPS to consider the evidence and provide the police
with advice as to whether to charge. If a decision is made to discontinue
the case or substantially alter the charge, the CPS are responsible
for communicating the decision and the reason for it directly to
the victim and, if applicable the parent or carer. For further information
on the functions of the CPS and to download a copy of The Code for
Crown Prosecutors, see: www.cps.gov.uk/victims_witnesses/code.html
9.6
HEALTH SERVICES
Health trusts and strategic
health authoritiesThe strategic health authority should take the
overall health lead for safeguarding children. It is a requirement
that every health authority should appoint a designated doctor and
nurse to have responsibility across the health authority area for
child protection.
Each health
trust should have a nurse and doctor nominated for child protection
matters. The so-called ‘named nurse’ or ‘nurse
advisor’ and ‘named doctor’ are responsible for
managing the relationship between the health trust and other agencies
where there are child protection concerns. They are a useful point
of contact during an investigation. It is possible that in some
localities the designated and named doctor and nurse roles are performed
by the same people.
In most
police child abuse investigations, officers are advised to identify
and make initial contact with the named nurse at health trust level.
The named nurse is able to assist in obtaining information, medical
records, contact names and making appointments with nursing and
other staff. The named doctor is the appropriate contact to arrange
appointments with physicians.
Where the
investigation covers several health trusts, where there is difficulty
in obtaining information or the investigation is likely to assume
a high profile, officers are advised to make contact with the designated
nurse at the level of the strategic health authority.
Investigating
officers should consider seeking information from the following
sources:
-
Accident and emergency staff;
-
Ambulance service staff;
-
Child and adolescent mental health services;
-
Clinical psychologists;
-
Dental practitioners;
-
General practitioners;
-
Genito-urinary medicine service staff;
-
Health visitors (who provide a universal service focused on health
promotion);
-
Midwives (who are involved with parents from the confirmation
of pregnancy until after the baby’s birth);
-
Obstetric and gynaecological staff;
-
Occupational therapists;
-
Paediatric staff;
-
Physiotherapists;
-
Pregnancy advisory services;
-
Private health care staff;
-
School nurses (who have regular contact with school age children);
-
Sexual health services;
-
Speech and language therapists;
-
Any other relevant health care professionals.
9.7
HOUSING PROVIDERS
Housing providers such
as housing authorities and private landlords can play an important
role in safeguarding children in respect of identifying concerns
for children, referral and the subsequent management of risk. Housing
authorities also have an important part to play in the management
of the risk posed by dangerous offenders, including those who are
assessed as presenting a risk, whether sexual or otherwise, to children.
Suitable housing can contribute to the ability of the police and
others to manage the risk such individuals pose. For more details,
see Working Together to Safeguard Children.
9.8
LOCAL AUTHORITIES
Local authorities in consultation
with a wide range of other agencies, have a duty to plan services
for children in need and to publish those plans. The local authority
should also take the lead responsibility for the establishment and
effective functioning of the ACPC/LSCB – the interagency forum
which acts as a focal point for local cooperation to safeguard children.
Social
services
Local authorities, through
social services, have a duty to safeguard and promote the welfare
of children in need (under section 17 of the Children Act 1989)
and make enquiries if they have reason to suspect that a child in
their area is suffering or is likely to suffer significant harm.
They will then decide whether action is necessary to safeguard or
promote the child’s welfare (under section 47 of the Children
Act 1989). Social services are responsible for leading the assessment
of such children according to the Framework for the Assessment of
Children in Need and Their Families and for deciding whether a child
is in need, and how their needs should be addressed, eg, through
the provision of services. Social services are the principal point
of contact for children about whom there are welfare concerns. They
have lead responsibility for strategy discussions and conferences.
For further information, see Working Together to Safeguard Children.
The Protection
of Children Act 1999 List, is a list of people who are considered
to be unsuitable to work with children. Both this list and List
99 can be accessed by authorised social services employees. For
more information about List 99, see 9.12 Schools and Education Establishments.
9.9
PROBATION SERVICEThe
National Probation Service (NPS) has a statutory duty to supervise
offenders effectively in order to reduce offending and protect the
public. In the execution of that duty probation officers maintain
contact with, or supervise, a number of men and (to a lesser extent)
women who have convictions for offences against children. The service
also works with offenders who have children who may be in need and
those whose convictions relate to domestic violence.
The Probation
Service, the Prison Service and the Police Service all work closely
to manage offenders on their release from prison and when they are
in the community. Arrangements in each probation and police area
ensure that specialist Multi-Agency Public Protection Panels (MAPPPs)
carefully and regularly assess individual offenders and exchange
and use information to combine supervision and surveillance. The
NPS also work with the victims of serious sexual and violent offenders
to ensure that they have a voice in decisions made about the release
of these offenders.
9.10
NATIONAL SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN
The National Society for
the Prevention of Cruelty to Children (NSPCC) is an authorised agency
within the Children Act 1989 and as such fully participates in the
work of the local ACPC/LSCB.
The NSPCC
has a Specialist Investigation Service which works collaboratively
with social services and the police in the investigation of complex
forms of organised, institutional and professional abuse. The Specialist
Investigation Service can be used, for example, when social services
or the police cannot investigate a matter because their ability
to do so is compromised or there is likely to be a conflict of interest
for them in doing so, such as allegations against agency staff or
foster carers. The NSPCC also provides a child protection helpline
and post abuse counselling.
A protocol
has been agreed with ACPO regarding the method and process of investigation.
A copy of the protocol can be found in the child protection domain
of Genesis (NCPE): NSPCC (2003) NSPCC Specialist Investigation Service:
Joint Working Protocol Between the NSPCC, Police (ACPO) and the
Association of Directors of Social Services (ADSS).
9.11
PRISON SERVICE
The Prison Service works
closely with other agencies to identify any prisoner who may represent
a risk to the public on release. Regular risk assessments take account
of progress made during the sentence and this information is used
to make decisions on sentence planning, including sex offender treatment
programmes, for individual prisoners. Governors are required to
notify social services and the Probation Service of plans to release
prisoners convicted of offences against children and young people
so that necessary action can be taken by agencies in the community
to minimise any risk.
Children
who are held in custody may be placed in one of these types of establishment:
-
Young Offender Institution;
-
Secure training centre;
-
Local authority secure children’s home.
The Prison
Service has a duty to protect and promote the welfare of those children
in its custody. It is required to establish its own child protection
committee, to appoint a child protection coordinator and to establish,
in consultation with the local ACPC/LSCB, a local child protection
policy. This policy should detail arrangements for acting on allegations
or concerns that a young person may have suffered or is at risk
of suffering significant harm. The Prison Service is required to
participate in the organisation and work of MAPPPs.
9.12
SCHOOLS AND EDUCATION ESTABLISHMENTS
Schools do not have direct
investigative responsibility in child protection work but due to
their day-to-day contact with children and direct work with families,
education staff have a crucial role in noticing indicators of possible
abuse or neglect and referring suspicions to other agencies. If
a member of the school staff suspects that a pupil is a victim of
abuse or if they have reason to believe that a pupil is at risk
from abuse, they should follow local procedures for reporting their
concerns. When a child has special educational needs or is disabled,
schools may hold important information about the child’s level
of understanding and how to communicate with the child.
All schools
and colleges should have a designated member of staff with knowledge
and skills in recognising and acting upon child protection concerns.
Advice to schools and the education service on child protection
procedures is currently set out in Department for Education and
Employment (1995, updated in 2004) Protecting Children from Abuse:
The Role of the Education Service Circular 10/95.
The Department
for Education and Skills (DfES) maintains registers of people who
are considered ineligible to work with children. List 99 records
people who have been statutorily barred from teaching or other employment
within the education service. For further information about the
education sector, see: www.dfes.gov.uk
For further information about police and schools working together,
see Department for Education and Skills (2001) Together we can Tackle
it: A Checklist for Police and Schools Working Together to Tackle
Truancy, Crime and Disorder:
Independent
Schools
The role of independent
schools in relation to child protection is the same as that of any
other school. The ACPC/LSCB offers the same level of support and
advice to independent schools in matters of child protection as
it does to maintained schools.
9.13
SURE START AND CHILDREN’S CENTRES
Sure Start is a government
programme the purpose of which is to achieve better outcomes for
children, parents and communities by:
-
Increasing the availability of childcare for all children;
-
Improving health, education and emotional development for young
children;
-
Supporting parents as parents and in their aspirations towards
employment.
As a development
of Sure Start local programmes, children’s centres are being
established under the direction of local authorities and will contribute
towards the government’s commitment for:
-
The best start in life for every child;
-
Better opportunities for parents;
-
Affordable, good quality childcare;
-
Stronger and safer communities.
The children’s
centre programme is based on the concept that providing integrated
education, care, family support and health services is a key factor
in determining positive outcomes for children and their parents.
Sure Start
local programmes, neighbourhood nurseries and children’s centres
are currently based in twenty disadvantaged wards, although the
government has an ambition for children’s centres everywhere.
Staff link closely with other existing local services such as health
and social services. In many cases these programmes will build detailed
information about individual children and their families and will
be able to assist in the investigation of abuse and in making risk
assessments.
The local
ACPC/LSCB is obliged to consider child protection issues for all
early years services and this includes arrangements for the exchange
of information in child protection cases.
9.14
VICTIM SUPPORT AND THE WITNESS SERVICE
Victim Support (VS) is
an independent voluntary organisation which provides information,
a free and confidential telephone support line, practical help and
emotional support to victims who have experienced a crime (reported
or unreported). This service also extends to their families and
friends and it may be particularly useful for the families of children
who have been abused. Services are based on the principle of community
involvement. For many people, the expression of concern by a fellow
citizen can be very helpful in repairing the harm caused by crime.
VS tries to ensure that its volunteers reflect the diversity of
the communities in which they work and that its services are equally
accessible to all. Services are delivered locally by a network of
volunteers who are trained to help people cope with the effects
of crime, and who are supported and managed by paid staff. VS will
only contact a victim if it is clear that they have given permission
for their details to be referred.
All criminal
courts in England and Wales now have a Witness Service managed by
VS. Trained staff and volunteers help victims, witnesses and their
families and friends at court by familiarising them with the court
before the hearing, providing support on the day, giving information
about court procedures and arranging further help after court.
The
Witness Service offers:
- Pre-court
visits for witnesses so that they are familiar with the courtroom
and the roles of the various people in court before they give
their evidence;
- Support,
in the courtroom if necessary, on the day of the trial and during
sentencing and afterwards;
- A separate
waiting area;
- Information
about court and legal processes;
- Special
help and support for witnesses who are vulnerable or intimidated.
9.15
YOUTH OFFENDING TEAMS
Youth justice services in the community are provided by Youth Offending
Teams (YOT). Their primary aim is to prevent offending by young
people. Children who offend may have been subject to child abuse
and may be in need of protection. There is a YOT in every local
authority in England and Wales. YOTs are made up of representatives
from the police, Probation Service, social services, health, education,
drugs and alcohol misuse services, and housing officers. Each team
has a manager who is responsible for coordinating the work of the
youth justice services.
The YOT
incorporates representatives from a wide range of services and can
respond to the needs of young offenders in a comprehensive way.
The team identifies the needs of each young offender by using a
national assessment. It identifies the specific problems that make
the young person offend and measures the risk they pose to others.
This enables the YOT to identify suitable programmes to address
the needs of the young person, with the intention of preventing
further offending.
9.16
YOUTH SERVICES
Youth and community workers
have close contacts with children and young people and should be
alert to signs of abuse and neglect. They should know how to act
upon concerns about a child’s welfare. Local voluntary youth
organisations should seek guidance from their national bodies or
from the ACPC/LSCB on how to safeguard the children and young people
for whom they are providing a service.