Protection of Children
Last revised: 24/02/22
CP named person/Designated Safeguarding Lead: Kelly Price, YFM Project Leader Nominated CP Trustee: Jackie Woodhouse
1. Policy
Policy Statement
1.1 YFM is committed to safeguarding and promoting the welfare of children. Staff and volunteers in YFM are expected to share this commitment to safeguarding at all times and accept and recognise our responsibilities to develop awareness of the issues which cause children harm.
1.2 Safeguarding and promoting the welfare of children is everyone’s responsibility. In order to fulfil this responsibility effectively, all professionals should make sure their approach is child centred. This means that they should consider, at all times, what is in the best interests of the child.
1.3 As defined in the Statutory DfE guidance, Keeping children Safe in Education in September 2020 (KCSIE), safeguarding and promoting the welfare of children is ‘protecting children from maltreatment; preventing impairment of children’s mental or physical health or development; ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and taking action to enable all children to have the best outcomes.’ The term children includes everyone under the age of 18 in this regard.
Aims
1.3 YFM will endeavour to safeguard children by:
• adopting child protection guidelines through a code of behaviour for staff and volunteers.
• sharing information about child protection and good practice with children, parents, staff and volunteers.
• sharing information about concerns with agencies who need to know and involving parents and children appropriately.
• following the agreed procedures for recruitment and selection of staff and volunteers.
• providing effective management for staff and volunteers through supervision, support and training.
1.4 YFM recognises the pervasiveness of abuse within our society, and the very damaging consequences both for those who suffer the abuse and those who perpetrate it. The protection of children from abuse is a responsibility of all citizens in the UK and a shared responsibility within YFM.
1.5 In all its undertakings, YFM will:
• Maintain a clear focus on the interests and rights of the child
• Respect everyone who receives or provides its services;
• Be supportive to children and in order to help prevent abuse occurring or to mitigate its effect;
• Co-operate with other agencies in dealing with actual or likely abuse;
• Support staff and carers in working in this area of activity.
2. Guiding Principles
2.1 The child’s interests are paramount, and his or her safety and welfare will always be given first priority.
2.2 A child’s concern will be listened to carefully and will always be taken seriously.
2.3 The limits of confidentiality in the context of child protection will be explained to service users at the time of their initial involvement with the project.
2.4 Care will be taken not to infringe privacy and confidentiality any more than is necessary to safeguard the welfare of the child.
2.5 In assessing the need for action when faced with child protection concerns, staff will consider the situation in the context of family relationships, religion and culture.
2.6 Unless there are exceptional circumstances, staff will share their concerns with service users and inform them of any action they intend to take.
2.7 Arrangements will be made to assist with communication in circumstances of disability or where English is not the service user’s first language.
2.8 Staff will use plain, jargon-free language appropriate to the age and culture of each person and will explain any unavoidable technical or professional terms.
2.9 YFM will ensure that all staff including volunteers understand the project’s child protection procedures and are given appropriate levels of training in child protection matters.
2.10 YFM will ensure that training programmes take account of the latest Government guidance and requirements, and relevant research, and operate within an anti discriminatory framework.
2.11 YFM will ensure that the child protection procedures for the authority within which it operates are understood in order that good working relationships and appropriate levels of co-operation can be maintained should the occasion arise.
2.12 YFM will ensure that all staff receive appropriate supervision on a regular basis and have access to a line manager in the event of the need for an urgent case discussion.
3. Code of behaviour for staff and volunteers
3.1 YFM seeks to have a child centred approach to its work. We recognise the need to:
• listen to children
• value and respect children as individuals
• involve children in decision making, as appropriate
• encourage and praise children
It is also important for the protection of all concerned, that staff, volunteers, children and young people have guidelines on what is expected, and what is not accepted, with respect to their behaviour and that they should take great care not to put themselves at risk of any suspicion or allegation of physical or sexual abuse or harassment. To give staff and volunteers protection from such allegations, the following guidelines are suggested:
• Staff and volunteers should never speak to, or touch, a child in a manner that could be construed as having sexual overtones or that could be interpreted as physical assault. Remember, it is the action rather than the intention that may subsequently give rise to problems.
• Staff and volunteers should be cautious of communications by electronic means with children. If they do communicate electronically, they should ensure that the communication is both necessary, appropriate and that it cannot be misconstrued.
• Staff and volunteers should not spend excessive amounts of time alone with children, away from others.
• Meetings with individual children or young people should take place as openly as possible.
• If privacy is needed, the door should have a see-through glass panel, or the door left open and other staff or volunteers informed of the meeting.
• Staff and volunteers are advised not to make unnecessary physical contact with children and young people. However, there may be occasions when physical contact is unavoidable, such as providing comfort and reassurance for a distressed child, or physical support, for example in sports activities. In all cases, physical contact should only take place with the consent of the child or young person.
• It is not good practice to take children alone in a car on journeys, however short. Where this is unavoidable, it should be with the full knowledge and consent of the parents/carers and the person employed by YFM who has management responsibility for the activity.
• Staff and volunteers should not meet with children outside organised activities, unless it is with the knowledge and consent of parents/carers and the person employed by YFM who has management responsibility.
• Leaders who are involved in relationships with other adults within the activity group should ensure that their personal relationships do not affect their leadership role within the organisation.
Staff and volunteers should never:
− engage in rough physical games, including horseplay apart from in structured sports activities;
− allow the use of inappropriate language to be unchallenged;
− make sexually suggestive comments about, or to, a child, even in fun; − let allegations a child makes go without being addressed and recorded; − do things of a personal nature for children that they can do themselves.
Safeguarding Policy
4. Procedures - Protecting Children from Harm
General
4.1 Protecting children from harm requires maximum co-operation between children, their families, communities and professionals. While the identification, investigation and confirmation of alleged and actual abuse should be left to the appropriate professionals, the Trustees should ensure the concerns of staff and volunteers are dealt with through YFM’s procedures.
4.2 Registration of all children and young people taking part in activities in our project is a basic requirement. Workers should take details of the child's full name, address, date of birth, parent/carer and GP, along with any special needs e.g. health issues.
4.3 The Project Leader should ensure that all those working with children and young people in the project are familiar with the following reporting procedures:
• Staff should take any concerns to the Project Leader (Child Protection Officer/Designated Safeguarding Lead), Kelly Price, 07971 061526 or if the Project Leader is not available to the trustee in charge of Child Protection Jackie Woodhouse, 077481 90080. The Project Leader should ensure that contact details for these named persons (and the local Children’s Services department) are freely available within each project. Hansdirect Professional Line – 01329 225379 or out of hours – 0300 555 1373
What to do where there are concerns about a child’s welfare or in the event of disclosure of potential abuse
4.4 It is not the responsibility of YFM or any of its staff or volunteers to undertake an investigation of potential abuse. The role of YFM is to listen carefully, note what is said, give reassurances where appropriate and seek advice as soon as practicable to do so.
4.5 Where any worker or volunteer is concerned about the welfare of a child or has suspicions about any physical injuries, they should share this concern immediately with the Project Leader. If the concerns remain, the employee responsible for the activity should liaise with the relevant Children’s Services Department who will decide on the next course of action.
4.6 If any child or adult user asks the worker to keep information about potential or actual abuse secret, the worker must explain immediately and straightforwardly that such information cannot be kept secret and will be discussed with their line manager.
4.7 A child may reveal information about potential abuse without realising the significance of what he or she is saying. The worker should discuss the situation with their project leader at the termination of the session. Where in all the circumstances
the project leader assesses a referral to the relevant Children’s Services Department is necessary, a referral should be made.
4.8 A child or young person may make a clear statement about the occurrence of abuse now or in the past. Notwithstanding paragraph 4.4 it will be important to:
• listen to the child, rather than asking questions of him/her directly.
• offer him/her reassurance without making promises and take seriously what the child says.
• avoid overreaction and interrupting a child who is freely recalling significant events • avoid questioning or interrogating the child
• explain what you have to do next and whom you have to tell.
• record the discussion accurately, as soon as possible after the event, even if it is information you do not fully understand or like writing down (see 7.1 below).
The worker should discuss the matter as soon as possible with the project leader and the matter reported to the relevant Children’s Services Department. Following a phone call to the Professional Line, an Inter-Agency Referral form should be completed (IARF) which can be found at www.hants.gov.uk
4.9 In exceptional circumstances, when it is judged that the child or young person is in immediate danger, the worker /project leader should take steps to keep them safe until appropriate action can be taken by Children’s Services. If necessary, the police should be called on 999.
4.10 In situations where an adult openly refers to abuse or expresses concern about their, or a partner’s treatment of a child, the worker should check back what is being said, and make it clear that he or she will need to discuss with their project leader what happens next.
4.11 Where following consultation with the project leader, it is decided that an immediate child protection referral to the Children’s Services Department is required, the worker or Project Leader should make a telephone referral to the department. This should be followed up by a report in writing detailing the concerns. NB: In any such circumstances it is for Children’s Services to decide and negotiate as to who undertakes any investigation.
4.12 Project Leaders and workers should at all times respect the right of parents, young people and children to be kept informed throughout the process of identifying concern and referral on to Children’s Services. The wishes and feelings of the child or young person should at all times be ascertained and wherever possible followed, but the worker’s primary consideration must always be the safety and welfare of the child or young person.
Action in relation to adult victims of abuse
4.13 Adult service users may disclose that they have been abused as children and the abuse may have continued into adulthood. They may not want to take any further action and it may be sufficient that the abuse is acknowledged. They may, however, ask for or are assessed as needing help in dealing with these past events because of the impact upon their current behaviour and especially the effect upon any children for whom they have responsibility. In these circumstances the worker should liaise with their line manager to: -
• Discuss a referral to an appropriate agency for counselling. A referral should only be made with the agreement of the service user.
• Consider referring the matter to the police. No matter how old the abuse is, it is not too late for a prosecution although this will be for the police to decide in conjunction with the Crown Prosecution Service. Again, careful thought will need to be given to how the service user feels if he or she makes a statement to the police. Such a step requires much courage on the part of the service user. It is important to understand that the outcome may be that no further action is possible either because of a lack of corroborating evidence or because the police assess that the individual complainant will not be able to withstand a detailed cross examination by the defence solicitor.
4.14 Where it is alleged there are children currently living with an alleged perpetrator, the worker should inform the Project Leader immediately. The Worker or the Project Leader will refer the allegation to the Children’s Services Department within which the children are resident. In the first instance it is for the Children’s Services Department to make a decision about involving the police.
4.15 The service user may indicate that he or she is unwilling to make a statement to the police or talk to Children’s Services staff. A referral should nonetheless be made if it is decided that the allegation is of sufficient substance and concern to be likely to merit further investigation.
These concerns must be discussed with the Project Leader, who will log all concerns including the action taken.
5. Children with special educational needs and disabilities
Children with Special Educational Needs and disabilities (SEND) can provide additional safeguarding challenges. Staff should be aware that additional barriers can exist when recognising abuse and neglect in these pupils. This can include:
5.1 assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s impairment without further exploration;
5.2 children with SEN and disabilities can be disproportionally impacted by things like bullying- without outwardly showing any signs; and
5.2 communication barriers and difficulties in overcoming these barriers.
6. Allegations of abuse against staff or volunteer
that may meet the harms threshold (as per definition of Significant Harm in the Children Act 1989. See also signs of abuse, point 12)
What to do if an allegation against a staff member or volunteer is made.
6.1 If an allegation is made to a staff member (who is not the subject of the allegation) as full information as possible must be obtained from the informant. This includes the nature of the alleged abuse, when it is thought to have occurred, how often, and how the informant knows of the incident(s). The date, time and nature of the allegation should be recorded. Discretion must be used at all points and the matter must not be discussed with other members of staff. In cases of serious harm, the police should be informed from the outset.
6.2 Where the child or young person makes an allegation of abuse now or in the past by a worker, notwithstanding paragraph 4.4 above, the recipient of the allegation should:
• listen to the child, rather than asking questions of him/her directly.
• offer him/her reassurance without making promises and take seriously what the child says.
• avoid overreaction and interrupting a child who is freely recalling significant events
• avoid questioning or interrogating the child
• explain what you have to do next and whom you have to tell.
• record the discussion accurately, as soon as possible after the event, even if it is information you do not fully understand or like writing down (see 6.1 above).
6.3 As soon as possible after the receipt of the information the staff member must share the information with the project leader to enable an assessment to be made of any immediate danger to the child. If the allegation is against the project leader, it must be shared with the trustee in charge of child protection.
6.4 In exceptional circumstances, when it is judged that the child or young person is in immediate danger, the project leader should take steps to keep them safe until appropriate action can be taken by Children’s Services.
6.5 If following consultation with the project leader there are concerns about the risk to the child’s welfare from the worker who is the subject of the allegation, the matter should be referred immediately to the chair of Trustees.
6.6 In consultation with other members of the Board of Trustees, consideration will be given to what action is necessary to protect the child and what action is necessary in relation to the employee or volunteer. The range of options will include all, or some of the following:
• Where the staff member /volunteer is the key worker, a change of key worker.
• Liaison with and referral to Children’s Services or the Police for them to decide what action to take.
• Suspension of the worker from his/her place of work to allow further investigation of the circumstances.
• The appointment of an independent person to support and assist the person against whom the allegation is made.
6.7 Where circumstances dictate, YFM will:
• Co-operate with any investigation undertaken by the police or local authority.
• Arrange for the provision of appropriate support to the child and carers of the child
• Consider and address the impact of any such allegations upon other children and parents receiving a service from the project.
• Consider and address the impact of any such allegations upon the staff and volunteers of the project
• Review the existing safe working and child protection procedures
Further advice for YFM employees regarding the procedure in the event of an allegation against a member of staff can be found in the YFM Whistleblowing Policy.
All false allegations will be removed from staff personnel records; however, unfounded and unsubstantiated ones will be retained.
Concerns that do not meet the harm threshold
These ‘low-level’ concerns do not mean that it is insignificant, they are concerns no matter how small, or even if they cause a sense of unease or a nagging doubt that an adult working in or on behalf of YFM may have acted in a way that is inconsistent with the expected conduct of YFM staff, including inappropriate conduct outside of work.
7. Record Keeping
7.1 It is essential that a careful written record on the case file is made as soon as possible, or in any case within 24 hours of any of the above events. This record should include:
• Your name and position
• The time and date
• The nature of the concern
• The party or parties involved
• what was said by whom, verbatum if possible
• how the young person appeared – did they appear anxious, tearful, calm etc
• the decisions made and reasons for them
• the action taken, and any outcome.
In any circumstances where the protection of a child has been discussed, the record should be countersigned by the project leader, together with any other relevant comments or information. See confidential Disclosure Template.
A copy of the report and any notes, should be kept for at least 3 years.
8. Sharing Information: Confidentiality in Child Protection
8.1 Keeping children safe from harm requires professionals and others to share information:
• about a child’s health and development and exposure to possible harm;
• about a parent who may need help to care, or may not be able to care adequately and safely for a child;
• about those who may pose a risk of harm to a child.
8.2 Often, it is only when information from a number of sources has been shared and is then looked at in its totality that it becomes clear that a child is at risk of, or is suffering significant harm. Sometimes staff will question their right to pass on information about a family to the Children’s Services Department because it will break confidentiality with the family. The Project Leader should explore this issue regularly in supervision in order that staff are clear about their responsibilities towards children’s well-being and their protection from harm.
9. Child Protection and Recruitment and Selection
9.1 The vast majority of people who want to work with children and young people are well motivated. Nevertheless, good recruitment and selection procedures will help screen out those who are not suitable. The following procedure should always be followed and applies to all those charged with responsibility for recruiting and selecting staff.
9.2 Create a job description and person specification for each post which will identify the kind of person most suitable.
9.3 Make all vacancies openly available to interested applicants.
9.4 Advertise posts, both paid and unpaid, as widely as possible, through the most appropriate means as agreed with the project leader.
9.5 Ask all applicants to supply information in writing by completion of a YFM application form - either for volunteers or for specific paid posts.
9.6 Ask for documentation to confirm the identity of the applicant, such as a long birth certificate.
9.7 Ask for written references. These may be followed up with a telephone contact.
9.8 Meet with the applicants. Explore information contained in the application form and check out attitudes. Meeting with applicants for paid posts will be via a formal interview panel. Meeting with volunteers may be done through individual discussion with a staff member.
9.9 The project leader, usually in the role of chair of the panel, should take responsibility for ensuring the Disclosure and Barring Service enhanced check is undertaken for all prospective employees or volunteers wishing to work for Youth and Families Matter.
No matter how good the recruitment and screening procedures may be, they are not fool proof. Good practice in management and supervision of staff and volunteers after appointment is equally important.
10. Training and Induction
All YFM staff receive regular safeguarding training and annual refreshers. When new staff and volunteers join YFM they are inducted and receive safeguarding training. Safeguarding training is repeated once a year through in-house staff training or by attendance at a local training day.
11. Categories of Abuse
The following is taken from ‘Safeguarding Our Children’ (the policy and procedural requirements of Hampshire, Isle of Wight, Portsmouth and Southampton Child Protection Committees’).
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; by those known to them or, more rarely, by a stranger. Abuse can take place wholly online, or technology may be used to facilitate offline abuse. They may be abused by an adult/s or another child/children including peers. Although abuse and neglect are categorised, they are rarely stand-alone events. In most cases they involve multiple issues which overlap with one another.
All staff will consider whether children are at risk of abuse or exploitation in situations outside their families. Extra-familial harms take a variety of different forms and children can be vulnerable to multiple harms including (but not limited to) sexual exploitation, criminal exploitation, and serious youth violence.
11.1 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 feigns the symptoms of or deliberately causes ill health to a child whom they are looking after. (A child who is forced to consume alcohol or to take drugs may be deemed to have suffered physical abuse.)
11.2 Emotional Abuse
Emotional abuse is the persistent emotional ill-treatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child’s developmental capability as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve serious bullying (including cyberbullying) causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. It may involve seeing or hearing the ill-treatment of another. Some level of emotional abuse is involved in all types of ill-treatment of a child, though it may occur alone.
11.3 Sexual Abuse
Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (e.g. rape or oral sex) or non-penetrative acts. They may include non-contact activities, such as involving children in looking at, or in the production of, pornographic material or watching sexual activities, or encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet and through the use of gaming platforms). Sexual abuse can involve using technology to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can peers. The sexual abuse of children by children is a specific safeguarding issue and covered in section 11.
11.4 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 occur during pregnancy as a result of maternal substance abuse. Once a child is born it may involve a parent or carer failing to provide adequate food, clothing and shelter (including exclusion from home or abandonment), failing to protect a child from physical and emotional harm or danger, failing to ensure adequate supervision (including the use of inadequate caregivers) or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
12. Signs of Abuse
Signs that may, but do not necessarily, indicate abuse include the following. Please note that these are not exclusive categories:
• Physical Abuse:
Be suspicious of:
− Bruising that cannot be accounted for by participation in games, play or as a result of a child’s normal activity;
− Finger/teeth marks;
− Burns and scalds with clear outlines, or of uniform depth over a large area, small round burns, or splash marks above a main scald;
− Spiral, chip or rib fractures or multiple fractures;
− Multiple injuries;
− Aggression;
− Unusual behaviour, obsessive;
− Jumpy, easily startled;
− Regularly saying they feel unwell;
− Vague or changing explanations for injuries; accounts not compatible with the injury; − Delay in seeking treatment or failure to attend medical appointments.
• Emotional Abuse:
− Developmental delay, either physically, emotionally or intellectually; − Over-reaction to mistakes;
− Sudden speech disorders;
− Fear of new situations;
− Lack of concentration;
− Wild imagination;
− Inappropriate emotional responses to stressful situations;
− ‘Neurotic’ behaviour such as rocking, hair twisting;
− Extremes of passivity or aggression;
− Drug or alcohol or solvent abuse;
− Eating disorders or self-harm;
− Compulsive stealing;
− Fear of parents being contacted;
− Suicidal thoughts;
− Stomach/headaches;
− Seeking attention
− Bullying;
− Truancy;
− Blaming themselves for family problems;
− Loner/withdrawn;
− No affection;
− Inability to form relationships or avoiding doing things with other children; − Depression or anxiety;
− Disparity between attainment and ability;
− Behaving much younger than their age or behaving like an adult; − Believing they are bad, evil or possessed.
• Sexual Abuse:
− Sexually precocious behaviour or promiscuity;
− Sexualised drawings, writing, play;
− Sudden poor performance at school, or regression;
− Poor concentration;
− Use of drugs and/or alcohol;
− Poor self-esteem/self-image;
− Stomach/headaches;
− Suicidal or self-harm;
− Confusion of affection with sexual behaviour;
− Sexual abuse/sexual bullying of other children;
− Eating disorders or sleep disturbance;
− Being withdrawn or depressed;
− Fear of new situations;
− Unexplained sums of money or gifts;
− Associating with unknown adults or other sexually exploited children; − Reduction in interaction with family and friends;
− Older boyfriend/girlfriend;
− Using sexual language that is beyond expected knowledge for age; − Obsessed with sexual matters;
− Fearful of undressing;
− Failure to attend school;
− Going missing from home or regularly coming home late.
• Neglect and failure to thrive:
− Hunger/tired/underweight and small for chronological age;
− Delays in language and communication;
− Dirty/smelly/unkempt/dry sparse hair;
− Inappropriate clothes/footwear;
− Cold, mottled skin, Swollen limbs with sores which are slow to heal; − Untreated medical problems;
− Stealing, scrounging or scavenging – food, money, clothing;
− Diarrhoea caused by tension, poor diet, poor hygiene;
− Unresponsiveness or indiscrimination in relationships with adults;
− Lack of parental involvement;
− Maintaining a frozen position for an unnaturally long time;
− Destructive tendencies;
− Late to school/attendance issues;
− Depressed/anxious/low self-esteem;
− Attention seeking/withdrawn, No peer relationships/lonely;
− Running away.
13. Specific safeguarding issues
The KCSIE (Keeping Children Safe in Education) and non-statutory advice give specific guidance regarding child sexual exploitation, female genital mutilation (FGM), preventing radicalisation and sexual violence and harassment. Staff should always be mindful of these potential issues as well as of the dangers of drug-taking and texting.
Since April 2017 it is a criminal offence for anyone aged 18 or over to intentionally communicate with a child under 16, where the person acts for a sexual purpose and the communication is sexual or intended to elicit a sexual response. The offence applies to online and offline communication, including social media, e-mail, texts and letters.
If a member of staff has suspicions or concerns about a child regarding any of these or any other safeguarding issue, it is important that they take these concerns immediately to the Project Leader and that the safeguarding procedures set out in section 4 are followed. If there is a risk of immediate serious harm to a child, a referral will immediately be made to Children’s Services.
13.1 Peer on Peer abuse
Children can abuse other children through bullying (including cyberbullying), physical abuse causing physical harm any of the following categories covered in more detail below.
13.2 Sexual activity, violence and sexual harassment between children
Sexual Violence
When referring to sexual violence, we are referring to sexual offences under the Sexual Offences Act 2003. Unfortunately, children can abuse their peers in this way. With sexual offences, the question of consent has to be considered. Consent is about having the freedom and capacity to choose. A child under the age of 13 is regarded as too young ever to be able to give consent to sexual activity. Whilst sexual activity with a person under the age of 16 is a criminal offence, a range of factors are considered before prosecuting an offender who is a minor. Any sexual activity without consent is a crime. Consent can be withdrawn at any time.
Sexual harassment
Sexual harassment is described as ‘unwanted conduct of a sexual nature’ that can occur online and offline (DfE guidance May2018). Sexual harassment is likely to: violate a child’s dignity, and/or make them feel intimidated, degraded or humiliated. This can take the form of sexual comments, sexual “jokes” or taunting, physical behaviour (e.g. deliberately touching someone, displaying photos or drawings of a sexual nature) or online (e.g. sexting, inappropriate sexual comments on social media).
Procedure with dealing with an incident
Harmful sexual behaviours (online and offline) will be treated in a child protection context. When assessing the risk to the child/children, the following must be taken into account:
• The wishes of the victim
• The nature of the alleged incident
• The ages of those involved and any power imbalance between the perpetrator and victim
If a child has been harmed, is in immediate danger, or is at risk of harm, a referral will always be made to Children’s Services (refer to section 4 for procedures). If a crime may have been committed, the police must be informed too.
13.3 Child Sexual exploitation (CSE):
CSE occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. CSE does not always involve physical contact; it can also occur through the use of technology. CSE can affect any child or young person (male or female) under the age of 18 years. It can include both contact and non-contact sexual activity and may occur without the child or young person’s immediate knowledge.
Staff should be aware that many children and young people who are victims of sexual exploitation do not recognise themselves as such. Staff should also be alert to any comments/jokes made by other young people.
13.4 Child Criminal Exploitation (CCE) including county lines:
As CSE (above) but can involve children being forced to work in cannabis factories, being coerced into moving drugs or money across the country (county lines), forced to shoplift or pickpocket, or to threaten other young people.
County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas [within the UK], using dedicated mobile phone lines or other form of “deal line”. CCE Can affect any child or young person (male or female) under the age of 18 years.
• It can still be exploitation even if the activity appears consensual
• Can involve force and/or enticement-based methods of compliance and is often accompanied by violence or threats of violence
• Can be perpetrated by individuals or groups, males or females, and young people or adults
• Is typified by some form of power imbalance in favour of those perpetrating the exploitation
Some of the following signs may be indicators of CSE or CCE:
• Children who appear with unexplained gifts or new possessions;
• Children who associate with other young people involved in exploitation; • Children who have older boyfriends or girlfriends;
• Children who suffer from sexually transmitted infections or become pregnant; • Children who suffer from changes in emotional well-being;
• Children who misuse drugs and alcohol;
• Children who go missing for periods of time or regularly come home late; and • Children who regularly miss school or education or don’t take part in education. • Secretive use of mobile phones or the internet
13.5 Sexting (Youth produced sexual imagery)
The practice of children sharing images and videos via text message, email, social media or mobile messaging apps has become commonplace.
Recent NSPCC research has illustrated that when children are asked what they understand by the term sexting, they are more likely to say it is writing and sharing of explicit messages with people they know. This is unlikely to amount to a criminal offence. However, online technology has also given children the opportunity to produce and distribute sexual imagery in the form of photos and videos. Such imagery (termed y0outh produced sexual imagery) involving anyone under the age of 18 is illegal.
Youth produced imagery refers to both images and videos where:
1. A person under the age of 18 creates and shares sexual imagery of themselves with a peer under the age of 18.
2. A person under the age of 18 shares sexual imagery created by another person under the age of 18 with a peer under the age of 18 or an adult.
3. A person under the age of 18 is in possession of sexual imagery created by another person under the age of 18.
All incidents of this nature should be treated as a safeguarding concern.
The sharing of sexual imagery of people under 18 by adults constitutes child sexual abuse and will be reported to the police.
Children sharing adult pornography, exchanging sexual texts or downloading sexual imagery from the internet may be a safeguarding matter but is unlikely to be criminal.
If a member of staff becomes aware of an incident involving youth produced sexual imagery, they should follow the following procedures:
• If a member of staff has reasonable grounds to suspect a device contains evidence in relation to an offence, or contains a pornographic image of a child or an extreme pornographic image, the material should not be deleted, the device should be confiscated and set to flight mode or turned off. The device should be given to the police as soon as reasonably practicable and staff should not intentionally view, copy or print the youth produced sexual imagery.
• If there is a concern that a young person has been harmed or is at risk of harm, a referral should be made to Children’s services or the police, as appropriate.
• Immediate referral should be made to Children’s Services/Police if:
o The incident involves an adult;
o There is reason to believe that a young person has been coerced, blackmailed or groomed or if there are concerns about their capacity to consent (for example owing to special education needs);
o What you know about the imagery suggest the content depicts sexual acts which are unusual for the child’s development stage or are violent;
o The imagery involves sexual acts;
o The imagery involves anyone aged 13 or under;
o There is reason to believe a child is at immediate risk of harm owing to the sharing of the imagery, for example the child is presenting as suicidal or self harming.
• If none of the above apply, the member of staff, together with the Project Leader must assess the risk to the child and whether escalation to Children’s Services or the Police is necessary.
In applying judgement, the following should be considered:
• If there is a significant age difference between the sender/receiver;
• If there is any coercion or encouragement beyond the sender/receiver;
• If the imagery was shared and received with the knowledge of the child in the imagery;
• If the child is more vulnerable than usual i.e.at risk;
• If there is a significant impact on the children involved;
• If the image is of severe or extreme nature;
• If the child involved understands consent;
• If the situation is isolated or if the image has been more widely distributed;
• If there are any other circumstances relating to either the sender or recipient that may add cause for concern i.e. difficult home circumstances;
• If the children have been involved in incidents relating to sexting before.
All incidents or sexting must be recorded, including both the actions taken, actions not taken, reasons for doing so and the resolution in line with safeguarding recording procedures (refer to section 4).
13.6 Upskirting
‘Upskirting’ typically involves taking a photo under a person’s clothing without their permission or knowledge, with the intention of viewing their genitals or buttocks (with or without underwear) to obtain sexual gratification, or cause the victim humiliation, distress or alarm. This is now a criminal offence. Anyone of any gender, can be a victim.
13.7 Online Safety
The breadth of issues classified within online safety is considerable, but can be categorised into four areas of risk (the 4Cs):
11.7.1 Content – being exposed to illegal, inappropriate or harmful content.
11.7.2 Contact – being subjected to harmful online interaction with other users.
11.7.3 Conduct – personal online behaviour that increases the likelihood of, or causes harm.
11.7.4 Commerce – risk such as online gambling, inappropriate advertising and phishing.
13.8 ‘Honour based’ abuse (including FGM and Forced marriage)
So-called ‘honour based’ abuse (HBA) encompasses incidents or crimes which have been committed to protect or defend the honour of a family and/or the community and includes female genital mutilation (FGM), forced marriage, and practices such as breast ironing. Abuse committed in the context of preserving “honour” often involves a wider network of family or community pressure and can include multiple perpetrators. All forms of HBA are abuse (regardless of the motivation) and will be handled and escalated as such.
13.9 FGM (female genital mutilation)
FGM is illegal in the UK and is a form of violence against women and girls. YFM staff need to be alert to the possibility of a girl or woman being at risk of FGM, or already having undergone FGM. There are a range of potential indicators that a child or young person may be at risk of FGM, which individually may not indicate risk but if there are two or more indicators present, this could signal a risk to the child or young person. Victims of FGM are likely to come from a community that is known to practise FGM.
If staff have a concern they should follow the normal safeguarding procedures (section 4) but also notify the police which is a mandatory duty in these circumstances (contact the police through 101 and ask for Hampshire and then the CP unit).
13.10 Forced marriage
Forcing a person into a marriage is a crime in England and Wales. A forced marriage is one which is entered into without the full and free consent of one or both parties and where violence, threats or any other form of coercion is used to cause a person to enter into a marriage. Threats can be physical or emotional and psychological. A lack of full and free consent can be where a person does not consent or where they cannot consent (if they have learning disabilities for example). Some communities use religion and culture as a way to coerce a person into marriage.
13.11 Domestic abuse
Domestic abuse involves any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to: psychological; physical; sexual; financial; and emotional. All children can witness and be adversely affected by domestic abuse in the context of their home life where domestic abuse occurs between family members. Exposure to domestic abuse and/or violence can have a serious, long lasting emotional and psychological impact on children. In some cases, a child may blame themselves for the abuse or may have had to leave the family home as a result.
13.12 Mental Health
Mental health problems can, in some cases, be an indicator that a child has suffered or is at risk of suffering abuse, neglect or exploitation. Where children have suffered abuse and neglect, or other potentially traumatic adverse childhood experiences, this can have a lasting impact throughout childhood, adolescence and into adulthood. Everybody in a child’s life should be aware of how these experiences, can impact on mental health, behaviour and education. Our staff are not professional mental health practitioners so will always seek advice from appropriately trained professionals. If a mental health concern is of a safeguarding nature the procedures in this policy will be followed.
13.13 Radicalism
Radicalism is a recognised form of abuse. Many of the signs associated with radicalisation or extremism are linking in with the following categories of abuse: neglect, emotional, physical and sexual abuse but staff should also be watchful for:
• A change in behaviour
• Possession of militant extremist material
• Expression of militant extremist views
• Unhealthy levels of fixation or obsession with weapons, violence or associated religious or secular political views or issues
• Socialising with people known to have militant extremist views
YFM actively promotes creative and independent thinking. The sole purpose of the PREVENT duty is to prevent terrorism by preventing young people from committing acts of violence or encouraging or helping others to do so. Any concerns regarding a child showing signs of radicalisation on a path to terrorism or violent extremism should be reported to the Project Leader immediately. Any legitimate concerns of this nature will be shared with the local Prevent Officer via prevent.engagement@hampshire.pnn.police.uk and where appropriate the child’s school. Referrals may also be made to Children’s Services, as with all safeguarding concerns.
Definitions from KCSIE (Keeping Children Safe in Education) 2020 (September):
‘Radicalisation’ refers to the process by which a person comes to support terrorism and extremist ideologies associated with terrorist groups.
‘Extremism’ is defined as vocal or active opposition to our fundamental values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. This also includes calling for the death of members of our armed forces.
Appendix 1
THE CHILD
The term "child" applies to anyone under the age of 18 and the same principles apply to vulnerable people above the age of 18 years. We acknowledge the particular needs of children from ethnic minority groups and children who are disabled, and the policy and procedures apply to all children and young people, regardless of gender, ethnicity, disability, sexual orientation or religion.
"Staff and volunteers" refers to anyone undertaking paid or unpaid work on behalf of YFM.
We are also committed to reviewing our policy and good practice statements at regular intervals. The Safeguarding Policy is reviewed by the board of trustees annually.
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