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Child abuse

ACPO - Guidance on investigating child abuse and safeguarding children 2005

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ARTICLES

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Innocent parents accused of abuse

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Doubt over sex offenders in NHS

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Kelly faces sex offender row

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Doctors accuse regulatory body of increasing risk of child abuse

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Neglect leaves a physical mark

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Abused woman killed husband

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Ten years of abuse - and girls were failed by everyone

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Mum who shook baby walks free from court

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Shambolic protection system is still failing children say experts

GUIDANCE ON INVESTIGATING CHILD ABUSE AND SAFEGUARDING CHILDREN

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 a
ccommodation. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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:

  1. Let’s Get Ready for Court – for children aged 5 to 9 years
  2. Tell Me More About Court – for children aged 10 to 15 years
  3. 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:

  1. Registered sex offenders, that is those sexual offenders required to register under the terms of the Sexual Offences Act 2003;
  2. Violent offenders and those sexual offenders who are not required to register;
  3. 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:

  1. Reviewing the progress of child abuse investigations;
  2. 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.

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This Page Was Last Updated

Monday 5 March, 2007 10:59

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