Protecting and serving the people of Kent
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1. Security protective marking
1.1 Not protectively marked.
1.2 This policy has a supporting a Standard Operating Procedure (SOP), which remains restricted under exemptions covered by the Freedom of Information Act.
2. Summary of changes
2.1 The following changes were made to this policy on 26 August 2009:
- This policy has been rewritten in totality. Additional enhancements will be included when further policy in these areas has been established.
- This policy has been amalgamated with M18 Child Prostitution.
2.2 This policy is due for review in August 2011.
3. Application
3.1 This policy applies to all Police Officers, Special Constables, Police Community Support Officers and Police Staff Employees including those contracted through Private Finance Initiatives.
4. Purpose
4.1 This policy provides a consistent and efficient response, with the key objective of safeguarding children and investigating child abuse and neglect.
5. Introduction
5.1. The priorities of Kent Police 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 the child victims of crime.
- To take effective action against offenders so 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 in line with the agreed arrangements of the Local Safeguarding Children Boards (LSCBs) of Kent and Medway.
6. Definitions
6.1 Safeguarding children is a fundamental part of the duties of all police officers. The Children Act 2004 places a wider duty on officers to safeguard and promote the welfare of children, therefore there is a requirement not only to consider whether a child is at risk of harm, but whether the five key outcomes to children and young people’s well being are being reached. The Every Child Matters (ECM) framework, supported by the Children Act 2004, establishes the principle that children deserve the opportunity to achieve their full potential. This is set out in five outcomes:
- Stay safe
- Be healthy
- Enjoy and achieve
- Make a positive contribution
- Achieve economic wellbeing
6.2 Although reference is made to Every Child Matters, this policy deals with safeguarding of children and investigating child abuse which is only one part of the ECM framework.
6.3 A child is a person under the age of 18 years. The fact that a child has reached 16 years of age, is living independently or is in further education, is a member of the armed forces, is in hospital, in prison or in a Young Offenders’ Institution, does not change his or her status or entitlement to services or protection under the Children Act. (Working Together to Safeguard Children 2006).
6.4 Child abuse includes offences or suspected offences relating to physical, emotional, sexual abuse or neglect of a child. These categories overlap and an abused child frequently suffers more than a single type of abuse. Abuse can occur within the family or in an institution or community setting, or by electronic communication. It can occur within all social groups regardless of religion, culture, social class or financial position. Children may be abused by those known to them or, more rarely, by a stranger. They may be abused by an adult/s or another child/ren. A child may also be abused by somebody failing to act to prevent harm.
6.5 Child Protection refers to the activity that is undertaken to protect specific children who are suffering, or are at risk of suffering significant harm in the form of physical, sexual, emotional abuse or neglect. (Section 47 of the Children Act 1989) This activity is conducted jointly between the Child Abuse Investigation Units (CAIU) and Kent Children's Social Services (CSS) or Medway Children's Social Care (CSC) with the criminal investigation relating to child abuse being the responsibility of the police. For the purpose of this policy, CSS will be used to cover both Kent and Medway Social Services.
6.6 Children in need (CHIN) are defined as those as “being in need” if their vulnerability is such that they are unlikely to reach or maintain a satisfactory level of health or development, or their health and development will be significantly impaired without the provision of services, plus those who are disabled. (Section 17 of the Children Act 1989) Although the police do not have a formal role to play in providing services to children in need, if an officer suspects that a child in in need a notification should be sent to the CAIU so that the child may be referred to CSS.
7. Resources
7.1 To assist with the law, policymaking and proactive response towards all aspects of investigating child abuse and safeguarding children, the below reports and publications should be made available in every Child Abuse Investigation Unit (CAIU) and have been considered when formulating policy N21:
- Victoria Climbie Inquiry Report 2003
- The Protection of Children in England: A Progress Report - Lord Laming March 2009 (Baby P)
- The Children Act 1989
- The Sexual Offences Act 2003
- HM Government Working Together to Safeguard Children 2006
- Safeguarding Children in Whom Illness is Fabricated or Induced 2008
- ACPO Practice Advice on Investigating Indecent Images of Children on the Internet 2005
- ACPO NCPE Guidance on Investigating Child Abuse and Safeguarding Children 2005 (Draft ACPO NPIA 2009 version has been released for review)
- HM Government What To Do If You’re Worried A Child Is Being Abused 2006
- The Children Act 2004
- Kent and Medway Safeguarding Children Procedures 2007
- Achieving Best Evidence in Criminal Proceedings 2007
- HM Government Safeguarding Children Who May have Been Trafficked
- Every Child Matters
- The Bichard Inquiry Report 2004
- Department of Health Framework for the Assessment of Children in Need and their Families 2000
- ACPO Guidance on the Management of Police Information 2006
- Youth Justice & Criminal Evidence Act 1999
- HM Government Information Sharing: Guidance for practitioners and managers Oct 2008
- Safeguarding Children & Young People from Sexual Exploitation May 2009
8. The selection process
8.1 Those officers recruited to the CAIU will be volunteers unless an operational need dictates otherwise.
8.2 CAIU officers must have been successful in a selection and interview process and subject to Management Vetting Level. This vetting should included enquiries into the following:
- Any complaints or professional standards investigations
- Any occupational health issues
- Existing civil orders including any child contact restrictions
- Records of children subject to a child protection plan who are related to the applicant.
8.3 All officers, including sergeants and inspectors must be accredited Detectives. Those that are not, must undertake the Initial Crime Investigators’ Development Programme and become accredited detectives.
8.4 All officers must receive multi-agency training in line with either the previous Joint Child Protection Training or have completed the current Specialist Child Abuse Investigators Development Programme (NPIA - SCAIDP) leading to accreditation as a PIP Level 2 Specialist Child Abuse Investigator which incorporates workplace assessment and registration.
8.5 In order to conduct visually recorded interviews with children who are victims of child abuse, officers must be trained in line with Achieving Best Evidence in Criminal Proceedings 2007 (ABE) and to Kent Police Tier 3 Level. The same level of training applies to social workers from CSS. The interviewing of children for the purpose of obtaining evidence must always be carried out in accordance with the Youth Justice & Criminal Evidence Act 1999 and Achieving Best Evidence in Criminal Proceedings 2007 (ABE).
9. Roles, responsibilities and the remit of the CAIU
9.1 The police have a responsibility to:
- Investigate allegations of criminal offences against children.
- Refer any suspicion, allegation or disclosure that a child is suffering or likely to suffer significant harm to CSS.
- Pass all concerns received by CAIUs about those under 18 to CSS.
9.2 The CAIU will take primary responsibility for investigating crimes relating to child abuse with the terms of reference including, as a minimum, criminal investigations into the following offences :
9.3 Each Basic Command Unit (BCU) will have responsibility, as per the Accountability Framework, for providing 24 hour specialist Child Abuse cover. This may be in the form of an on-call officer.
10. Other specialist investigations
10.1 The wider role of the CAIU should be to promote the work of child abuse investigations both within and outside Kent Police. The CAIU must provide advice, when requested, in the following investigations:
- Child homicides
- Sudden and unexplained childhood deaths
- Homicide of an adult in the context of domestic abuse
- Domestic abuse
- Missing persons enquiries
- Investigations of crime committed by a child where welfare concerns arise about that child
- Professional standards department investigations relating to Kent Police employees suspected of committing offences relating to child abuse or domestic abuse
- Any offences against a child
10.2 The role of the CAIU should be to give advice and, in appropriate cases, direction about the substantive investigation and any safeguarding issues relating to siblings or other children affected by the investigation.
10.3 As a general rule, CAIU officers will not investigate offences against children where it involves volume crime in non-child protection situations. This does not exclude the use of CAIU officers where their expertise can assist in an investigation.
11. The referral process
11.1 Every police employee who believes that a child is in need of support services or is suffering, likely to suffer or has suffered significant harm must bring the matter to the attention of the CAIU within the BCU where the DS will then assess the need for action.
11.2 CSS and the police should inform each other of any allegations or suspicions of child abuse or neglect.
11.3 Police, must confirm verbal and telephone referrals in writing, within 48 hours, using an interagency referral form. (Word document 3288 for Kent CSS, and 3288a for Medway CSC).
11.4 If the situation is one where there is no immediate risk to the child, then the referral should be made in writing using form 3288/3288a. A copy of form 3288/3288a may be emailed to CSS as at 9.6 & 9.7. It is essential that the original form 3288 be retained as part of the CAIU hard copy file, with the timed certification of when it was sent.
11.5 For Kent CSS, all referrals should be made to the County Assessment Service (previously know as the County Duty Service).
11.6 For Medway CSC, all referrals should be made to ‘Customer First’.
11.7 Kent and Medway Children’s Services provide a social work emergency service outside the normal office hours i.e. between 5.00pm and 8.30.am week days, over the week-end and on Public holidays. This is called the Children’s Social Services / Children’s Social Care Out of Hours (OOH) Service.11.8 In situations where a child may be in need of emergency protection or urgent action is required by one of the agencies, CSS should be contacted directly by telephone.
11.9 Parent/s should be informed prior to referral that a referral is being made, unless it is determined that to do so would:
- Place the child at risk of significant harm e.g. by the behavioural response it prompts or by leading to an unreasonable delay
- Place a member of staff from any agency at risk by the behavioural response it may prompt
- Lead to the risk of loss of evidential material
11.10 Inter-agency discussion without parental permission may be justified if it is concluded that information held in other organisations is likely to inform a decision about the need to conduct s.47 enquiries.
11.11 CSS will screen, decide, evaluate and record the outcome of referrals within 1 working day.
11.12 Other than in emergency circumstances, all child referrals to CSS will be made by the BCU CAIU or DAU. The CAIU DS will monitor all referrals made to CSS.
11.13 Only the duty senior (Kent) / first line manager (Medway) can authorise the decision to initiate a strategy discussion. However, there is resolution process if there is a disagreement between the agencies.
11.14 The details of the duty senior/first line manager and the outcome of the decision will be recorded on the SI/Crime report.
11.15 The decision regarding single or joint agency investigations should be authorised and recorded by first line managers in both Police CAIU and CSS.
11.16 Section 47 of The Children Act enquiries places specific responsibilities with respect to a child on each agency. The agencies must co-operate to ensure their responsibilities are undertaken in the best interests of the child. This should be achieved primarily by co-ordination at strategy discussions.
11.17 Working Together 2006 para. 5.21 states ‘In deciding whether there is a need to share information, professionals need to consider their legal obligations, including whether they have a duty of confidentiality to the child. Where there is such a duty, the professional may lawfully share information if the child consents or if there is a public interest of sufficient force. This must be judged by the professional on the facts of each case. Where there is a clear risk of significant harm to a child, or serious harm to adults, the public interest test will almost certainly be satisfied. However, there will be other cases where practitioners will be justified in sharing some confidential information in order to make decisions on sharing further information or taking action – the information shared should be appropriate.’
11.18 A CAIU DS must assess all incoming incidents/referrals, by whatever method, to ensure that the appropriate action be taken. If an officer other than a DS assesses an incident/referral, then the justification must be recorded for doing so. Risk assessments in line with the ACPO Guidance on Investigating Child Abuse and Safeguarding Children will be used.
11.19 When STORM logs are assessed and de-tagged by CAIU, the CAD must be updated with a precis of the action taken.
11.20 The administration staff or identified individuals must be able to create STORM records within the CAIU in order to allow calls from the public that require immediate police response to be sent directly to the Force Communications Centre (FCC), hence avoiding any unnecessary delays. The CAIU will continue to take ownership of any matters that fall within their remit reported by the public direct to CAIU and work in coordination with FCC to ensure that the correct process is adhered to.
11.21 Cases in the following categories must be brought to the early attention of the CAIU Detective Inspector or BCU Crime Manager;
- Cases involving a child’s death or serious physical or sexual assault
- Cases involving severe neglect
- Cases involving a previous death of a child from any cause
- Cases where the child or other sibling is or has been subject of a child protection plan
- Cases involving a second referral of the child/other family member/offender within 12 months
- Cases involving a family member who is a repeat or high-risk victim of domestic abuse
- Cases of multiple victims or offenders
- Cases which may attract a media interest
- Cases involving a family member of a Police employee
- Incidents involving significant professionals. E.g. Kent Police employees, Social workers, Health or Education staff
11.22 It is the expectation that a Detective Inspector from CAIU will attend the strategy meeting and direct investigations from the earliest opportunity, in cases involving circumstances where;
- The alleged perpetrator is an employee or ex-employee of the Local Authority or is in a position of trust
- There are multiple victims or offenders involved
- Satanic or ritual abuse is suspected
- Death or serious injury is evident
- High media interest is likely
- Death of a child
- The alleged perpetrator is a Kent Police employee
- There is a conflict between Police and CSS on the agreed progress of a case
- Cases involving severe neglect
- Cases involving a previous death of a child from abuse or suspected abuse
11.23 Cases in the following categories must be bought to the immediate attention of the Detective Superintendent at HQ PPU;
- The death of a child
- Incidents of multiple or organised abuse
- Incidents involving significant professionals. E.g. Kent Police employees, Social workers, Health or Education staff
- Cases fitting the criteria for a serious case review
- Cases which may attract significant media interest
- There is a conflict between the agencies
12. Case conferences
12.1 Child protection conferences aim to bring together family members, the child (where appropriate), supporters/advocates and those professionals most involved with the family or child.
12.2 The purpose of the initial conference is to;
12.3 Any agency may request a child protection conference. Where concerns for a child are substantiated and the child assessed to be at continuing risk of significant harm, then an initial child protection conference must be convened within 15 working days from the last strategy discussion of the s.47 enquiry.
12.4 A CAIU officer will attend all initial, review and transfer conferences and should be in possession of all relevant material from police sources.
12.5 Membership of the case conference should be the smallest number of people consistent with effective case management and where information can be shared, contributors to the child protection conference should submit written reports prior to the conference in the agreed format.
12.6 At initial case conferences, to be quorate there will be a minimum representation including CSS, Police and health. At a review case conference, to be quorate, there will be attendance by CSS, police and two other agencies having contact with the child.
12.7 Police officers who are not within the CAIU but who may have had involvement with the child may be in a position to contribute to the conference and so their attendance should be considered e.g. Domestic Abuse Officers.
12.8 An 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 is exchange outside of the meeting and remain confidential within the meeting. If this is not possible the officer should submit the information in writing to the chair. A record, together with reasons, will be kept, detailing the information that could not be shared with all the agencies.
12.9 A CAIU Detective Sergeant or Detective Inspector should attend those conferences where; -
- The alleged perpetrator is an employee or ex-employee of the local authority or in a position of trust.
- Multiple victims or offenders are involved.
- Satanic or ritual abuse is suspected.
- Death or serious injury is evident.
- There is conflict between agencies.
- High media interest is likely.
- The supervisor is the officer in the case.
12.10 All conferences will have detailed minutes taken by CSS staff, which include a clear and auditable process. All participants must be aware of any risks, actions agreed for managing risks and decisions made. All minutes will be checked for accuracy and a copy kept in the CAIU file.
12.11 In accordance with force policy M68 (Identification of Vulnerable Victims and Offenders on Genesis) paragraph 3.1.1 any child who is subject to a child protection plan following a child protection conference must have a Genesis nominal record created with the warning signs of ‘at risk register’ and ‘child protection’. Additionally contextual links must be made with Genesis nominals who are associates of the child. Where a child is no longer subject to a child protection plan, then warning sign ‘at risk register’ will be deleted from the nominal record. The CAIU will be responsible for maintaining their records relating to children.
12.12. Names of those children who are subject to a child protection plan are held by Kent CSS and Medway CSC and Police may make checks with the children and families team as to whether a child is subject of a plan. Where children who are subject to a plan are accommodated in a different local authority, then the parent authority will also hold details of that plan. For a child subject to a plan who is accommodated elsewhere it will be mandatory to notify the CAIU of that area.
13. Kent Child Witness Service
13.1 The police response to child victims and witnesses is an essential part of the care and support, which such a person is entitled to. Force policy N119 Police Response to Victims and Witnesses covers in detail this important aspect of the investigation including the procedures for referrals to the Kent Child Witness Service.
13.2 All child victims and child witnesses under the age of 18 years must be referred to the service if a person is charged or summonsed.
13.3 The SI or crime sheet will be updated to reflect that the referral has been made.
14. Domestic Abuse and Child Abuse
14.1 The DAU should notify the CAIU where children are present at, or ordinarily resident at, premises where domestic abuse takes place and the child falls under the category of being a "child in need" - s.17 of The Children Act 1989. (as defined at 4.4)
14.2 The CAIU DS or DAU DS will assess and consider whether a referral to CSS is necessary
14.3 If the DAU make a referral to CSS, then the CAIU DS will be notified. 17.4 Referrals to CSS will be made as a minimum where;
- The domestic abuse victim is identified by Police as being at a "high risk" and children are present or ordinarily resident at the premises
- Where there is a domestic abuse incident and the child falls into the category of s.17 of The Children Act 1989
- A parent is fleeing domestic abuse leaving a child with the allegedly violent partner
- Where a child is subject to a Child Protection Plan
- Where the child is a looked after child
14.5 If it is decided that a joint visit to the home should take place, the DAU DS should be consulted before such a visit takes place to ensure that victim issues are managed appropriately. Every effort should be made to co-ordinate investigation activity where child abuse and domestic abuse investigations coincide.
14.6 See policy N30 for full information regarding domestic abuse guidance.
15. Missing Persons and Child Abuse
15.1 Children reported missing from their home, or from care may have been exposed to physical, sexual, emotional abuse or neglect and may have gone missing to avoid abuse.
15.2 Reports of missing children will be brought to the attention of the CAIU DS by the Missing Persons Coordinator in circumstances where the child;
15.3 The seriousness of the matter will dictate whether this should be immediate. A decision will be made by the CAIU DS whether a case requires a referral to social services in accordance with s.17 or s.47 of The Children Act 1989.
15.4 The notification to the CAIU by the Missing Persons Coordinator is in order to facilitate a Multi Agency Review of a missing child so that options and strategies can be discussed with a view to reducing the frequency of running away. This should be arranged and co-coordinated by the CAIU DS with any parties having an interest (such as CSS, private care homes) being involved. It is accepted that the forum for such discussions or meetings may form part of an already established structure e.g. strategy discussions or child protection conferences.
15.5 See policy N37 for full information regarding missing persons guidance.
16. Adult Abuse and Child Abuse
16.1 Vulnerable adults coming to the attention of the police may also be parents and or / caring for children. It must be recognised that in some circumstances, a child could be placed at risk of abuse or significant harm due to the vulnerability of the adult.
16.2 Where it is identified that there are concerns for a vulnerable adult/adults and an adult protection alert is required, consideration should be given to a referral being made to CSS if the adults vulnerability is such that it may have a detrimental effect on the safety of the child who is present at, or ordinarily resident at that address.
16.3 The Adult Abuse Investigation Unit (AAIU) should notify the CAIU DS of any circumstances as described above and he/she will then assess and consider whether a referral to social services is required.
16.4 See policy N65T for full information regarding vulnerable adults and the investigation of adult abuse.
17. Specially Trained Officers, Initial Response Officers and the CAIU
17.1 Where there is a report of a rape or serious sexual assault which falls outside the remit of the CAIU, an IRO/STO may still be deployed but it is acknowledged that young children have different needs in terms of being interviewed and it is essential for Child Abuse Investigators who have experience of routinely interviewing young children to conduct such visually recorded interviews.
17.2 Therefore a Child Abuse Investigator and not a STO will conduct all interviews of children aged 0-12 years. Children aged 13 years and over who demonstrate learning difficulties will be subject to assessment on whether it would be more appropriate for the interview to be conducted by a Child Abuse Investigator.
17.3 See policy M120 for full information regarding the investigation of adult rape and serious sexual assault.
18. Disclosure Requests, Information Sharing & Public Law Care Proceedings Requests for Information
18.1. All requests for disclosure of information will only be accepted if they are in writing with the justification recorded and consent provided by the individual concerned unless;
18.2 Replies to disclosure requests will be recorded onto Genesis.
18.3 Kent County Council, Medway County Council, Kent Police and the Crown Prosecution Service have signed Information Sharing Protocols which were revised in May 2008. (See also the HM Government Information Sharing:Guidance for Practitioners and Managers October 2008.)
18.4 The above agreement is in no way intended to prevent or inhibit early dialogue and exchange of information between agencies for the purpose of protecting children in furtherance of joint investigations under Sections 47 & 17 of the The Children Act 1989 and multi agency child in need/child protection procedures, e.g. strategy discussions and case conferences.
18.5 All requests for disclosure into public law/care proceedings should be directed through the legal services department, FHQ.
18.6 The priority for disclosure will always be for the safety and well being of the child.
19. Suspect Welfare / Suicide Strategy
19.1 Investigating officers and supervisors should be aware that an arrest for offences relating to child abuse may increase the risk of a suspect committing suicide or self harming. As such, steps must be taken to identify and reduce that risk.
19.2 Suspects may also be the target of retribution / vigilante action by members of the public. To manage this risk, steps should be taken to ensure that no indication is given to neighbours, by-passers etc to indicate the purpose of police attendance at a premises. Staff should consider that child abuse offences are an extremely emotive subject and sometimes leads to vigilante action or public order issues.
Steps to consider are:
- Not discussing the case or investigation where it can be overheard.
- Removal of seized property, particularly computers in bags that disguise what they are. (Bin bags covering the normal evidence bags are normally sufficient.)
- Ensuring that where a copy of the warrant is to be left in situ, it is not left in a public area. Consider putting the warrant in a sealed envelope.
- Consider making the arrest in private, out of earshot of family, friends etc.
19.3 Where an identified threat to life exists, refer to policy N128 – Threat to Life.
19.4 On arrival at the Police Station consider ensuring the custody block is clear of other suspects when the facts of the arrest are relayed. This will require prior consultation with the custody officer.
19.5 The custody officer should immediately assess the risk of suicide.
19.6 During the concluding part of the interview (on tape or documented on the custody record) and prior to release on bail, the suspect is informed of police concerns for his/her health and is asked to comment on his/her state of welfare. He/she will then be advised to consider contacting his/her own GP.
19.7 Follow up contact and/or visits should be considered and documented, this provides an opportunity to check the welfare of the suspect.
19.8 Consideration should be given to using the operational information system on Storm to highlight the nature of the investigation to officers who may attend the suspects address.
19.9 For information regrading policy in relation to Computer Based Indecent Images of Chilildren, refer to N85.
20. Use of Intelligence
20.1 Information about child abuse can come from a variety of sources. This information is managed by the CAIU whose staff should be alert to the intelligence opportunities. Analysis of such information in consultation with BCU Intelligence Units and analysts can lead to conversion into intelligence which, through the application of the National Intelligence Model, can result in the use of actions which will reduce or remove any potential or current risk.
20.2 It is therefore essential that CAIU staff maintain and update the Information Technology (IT) systems that are in use and establish at supervisory level a liaison with their counterpart in the BCU Intelligence Unit.
21. Access to Evidence Where Allegations are made Against Teachers or Education Staff
21.1 Chapter 6 and Appendix 5 of Working Together to Safeguard Children 2006 provides the guidance for handling allegations against those who work with children.
21.2 The CAIU or CPS should inform the Local Authority Designated Officer (LADO) when -
- a criminal investigation is finished or a trial is complete
- it is decided to close an investigation without charge
- it is decided not to prosecute after the person has been charged.
21.3 Where the allegation involves a professional from another statutory agency the strategy meetings should be attended by the Detective Inspector from the CAIU.
21.4 Schools need to consider disciplinary proceedings where allegations are made by children against teachers and education staff. Clearly Kent Police and CSS gather evidence from children that make such allegations. This evidence usually takes the form of visually recorded interviews of the children involved. Some cases never progress beyond interview but regardless of the outcome of any criminal or child protection investigation, schools will request access to the evidence.
21.5 Wherever possible, the CAIU should obtain consent from the individuals concerned to share the evidence they have obtained for disciplinary purposes with the accuseds employer and/or regulatory body. This process can involve delay and access may be denied by the child or their family. If consent is denied, the CAIU will have to make a formal request and consult with legal services. In such cases schools are left with the choice of re interviewing the child or discontinuing the discipline process.
21.6 Where a child consents to the school having access to the evidence, then subsequent access is simplified reducing delay and preventing further interviews of the child. Children and parents can consider consenting to such evidence being used in disciplinary proceedings when attending for a visually recorded interview.
21.7 When consent is being considered, it is important that the child and parent understand that this would involve access to the visually recorded interview but that the interview would not be copied and passed to schools. That it may include access to statements, photographs and any other relevant material for the purposes of the discipline hearing.
21.8 Officers need to consider the wording, timing and nature of the request in accordance with the circumstances of the child.
22. Age assessments
22.1 There will be some circumstances where the age of the child is in question and this may have implications for the services which are afforded to children dependent on their given age or whether a course of action may be taken by the police or CSS, e.g:- an unaccompanied asylum-seeking child, persons involved in prostitution, forced marriages, persons living on the street.
22.2 Where a person is known or believed to be or states them self that they are under 18, they should be treated as an under 18 child until such time as assessments or other evidence becomes available.
22.3 Comprehensive age assessments are carried out by CSS with the assistance of other agencies and if necessary the civil courts. There have been several deliberations within the civil courts on the issue of age assessment. R V London Borough of Merton 2005 for example.
23. Child abuse/ protection involving Kent Police Employees and Special Constables
23.1 Child abuse by police officers and police staff employees, special constables (hereafter referred to collectively as Kent Police staff) will be treated in the same manner as any other child abuse incident.
23.2 To ensure the maintenance of public confidence and the confidence of victims in the policing of child abuse, and the integrity of the service, Kent Police staff who commit offences against children will be held accountable through the criminal and civil justice system and dealt with appropriately through internal misconduct procedures.
23.3 The BCU Commander and CAIU Detective Inspector or in his/her absence the duty Detective Inspector must be informed as soon as practicable of any child abuse issue involving a Kent Police staff. It will be the responsibility of the supervising manager to ensure appropriate arrangements have been put in place for the safety and welfare of those children involved. A decision will be made whether or not the circumstances warrant an immediate criminal investigation, and to ensure that all available evidence is secured and fully recorded.
23.4 The investigation of child abuse involving Kent Police staff are to be carried out in accordance with the standards set out in this policy. Managers must ensure positive action is taken and where appropriate make referral to CSS. Victims where appropriate must be given a full explanation of force policy and kept informed.
23.5 Officers that disclose to any member of the police service that they are committing an offence against a child are not entitled to confidentiality. Any report of such criminal conduct must be treated as an admission of a crime and investigated.
23.6 It is the requirement of this force that officers notify Professional Standards and the Detective Chief Inspector HQ PPU of any allegation of a child protection nature and includes civil court orders or child contact restrictions relating to them.
23.7 To safeguard the integrity and effectiveness of the investigation, officers involved in enquiries and or arrest and detention of Kent Police employees alleged to have committed offences against children, should not be known personally to the suspects (This should not exclude officers from arresting known colleagues at an incident).
23.8 Where a Kent Police staff or partner of the same is arrested for a child related offence they should be taken to the closest available custody suite at a BCU other than at which they work.
23.9 The BCU Commander with the BCU CAIU Detective Inspector will consult with neighbouring senior management teams to ensure that officers appointed to deal with either the victim or alledged perpetrator are not known to either party and will deal with the case objectively.
23.10 BCU Commanders / Heads of Department are responsible for the management of their staff, which includes the welfare of individuals. S/he must ensure themselves that this force policy has been adhered to and the victim is being offered every opportunity of accessing support services.
23.11 All incidents of child abuse involving Kent police staff or partners of the same will be recorded on Genesis as a Crime or Secondary Incident report in accordance with this policy, unless to do so would place a victim at further risk of harm or compromise an investigation. In such cases a manual record will be made. BCU Commanders should ensure that arrangements are in place for the secure storage of documentation.
23.12 Police staff from other police areas outside Kent who come to notice for child abuse issues will be notified to their respective BCU Commanders or Heads of Departments.
24. Welfare
24.1 Where staff are supported and where workload and resourcing are well-managed, staff feel more able to cope with the stresses arising from the nature of the work and are more likely to acknowledge any difficulties early. To this end it is important that intrusive supervision is a key factor to managing and identifying the welfare needs of the staff.
24.2 Public Protection Unit (PPU) staff are identified as being engaged in a level two role - see policy L153 for full information. PPU officers are required to complete a confidential assessment questionnaire, to be evaluated by a Welfare Advisor, following notification by their coordinator/line-manager.
24.3 With existing roles it is intended that all personnel will have an initial base-line assessment and then ongoing annual assessments. New appointees to existing vulnerable roles will be subject to an initial one-to-one interview assessment.
24.4 The services offered by Welfare and Counselling are available to all Kent Police employees. Individual referrals to Welfare and Counselling can be made by the Kent Police employee or their BCU Commander / Head of Department.
25. Child Death Overview Panel
25.1 From the 1st April 2008, it became a statutory responsibility for all Local Safeguarding Children's Board (LSCB) to review the deaths of children in their local authority area from birth (excluding those babies who are stillborn) up to the age of 18. This is conducted by the Child Death Overview Panel (CDOP), with support from the Expert Advisory Group (EAG), which are subgroups of the LSCB. Chapter 7 of Working Together to Safeguard Children sets out the procedures. Information relating to the Kent Child Death Overview Panel can be obtained via www.kscb.org.uk. Information relating to the Medway Child Death Overview Panel can be obtained via www.mscb.org.uk.
25.2 The purpose of the Child Death Review process is to
25.3 In respect of the sudden or unexpected death of a child, the Police have a number of inter-related responsibilities:
25.4 All sudden or unexpected deaths of children are clearly traumatic for a family. It is, however, the role of the police to ensure that the death is not suspicious. Therefore police will lead the investigation until it is deemed not suspicious.
25.5 There are two inter-related processes for reviewing child deaths, either of which can trigger a Serious Case Review (SCR) -
25.6 An unexpected death of a child is defined as the death of a child that was not anticipated as a significant possibility 24 hours before the death or there was a similarly unexpected collapse leading to or precipitating the events that led to the death for example, life limiting illnesses, road traffic crashes or those who are admitted to hospital and subsequently die unexpectedly.
25.7 A rapid response to the unexpected death of a child is by -
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Health care professionals sharing information with lead agencies i.e Police, CSS in a multi-agency setting to decide the next course of action
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Contact will be made with other agencies that know or are involved with the child to inform them and obtain further details relating to the child and the child's history
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The police will begin an investigation into the sudden or unexpected death of a child on behalf of the coroner
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A further multi-agency meeting will be convened after the initial post mortem results are available to review any further information that has come to light which may raise additional safeguarding issues
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A case discussion will be held as soon as the final post mortem results are available to share information to identify the cause of death and / or factors that may have contributed and then to plan care for the family.
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Records and reports will be sent to the Coroner who in turn will share appropriate information with the KSCB or MSCB.
25.8 The investigation of a suspicious death or a section 47 enquiry takes precedence over the rapid response procedures.
25.9 The Child Death Overview Panel and EAG have fixed membership and meet regularly to ensure deaths are discussed in a timely manner. They collect and collate an agreed national dataset, reviewing the appropriateness of the professional responses to each unexpected death of a child and identify patters or trends and report to the KSCB or MSCB any recommendations to prevent such deaths occurring where possible. The LSCB take responsibility for disseminating the lessons to be learnt to all relevant organisations.
25.10 Children who die unexpectedly at home should always be taken to an A&E department rather that a mortuary unless this is inappropriate e.g the circumstances of the death require the body to remain at the scene for forensic examination. As soon as practicable on arrival at A&E, the child should be examined by a consultant paediatrician.
25.11 Where a child is not taken immediately to A&E, the professional confirming the fact of death should inform the designated paediatrician with responsibility for deaths in childhood at the same time as the Coroner is informed.
25.12 Kent coroners have agreed that in cases of unexplained, non suspicious, non traumatic deaths under twelve months of age, samples from an agreed list and appropriate to the circumstances, may be taken immediately after death by the consultant paediatrician on call without the prior explicit agreement of the coroner.
25.13 The OIC regarding any child death will be sent a Form A entitled "Notification of Child Death" to be completed and returned to Kent or Medway CDOP within 24 hours of the death. The OIC will also be requested to complete a Form B (Agency Report) and an additional Form B which is determined by the nature of the incident which will help to provide further information to the panel, within 4 - 6 weeks of the death. These forms can also be downloaded from www.kscb.org.uk and www.mscb.org.uk. Every professional involved in the death of a child is requested to complete the form so that a full picture of involvement can be obtained.
25.14 The LA in which the child normally resides will conduct the review following death. If the child dies outside of their LA, then that LA will complete the death notification and, if applicable, a rapid response. In some cases, they may also conduct a review but will pass their findings to the LA where the child normally resides to conduct the overall review.
25.15 The child's nominal record (if in existence) should be linked to that information report along with the immediate family/carers nominal records, addresses and telephone numbers. If no nominal records are on Genesis, then these should be created.
25.16 Any Crime Report or SI which may refer to the death should also be linked to the information report.
26. Serious Case Reviews
26.1 When a child dies, and abuse or neglect are known or suspected to be a factor in the death, the Local Safeguarding Children's Board (LSCB) should always conduct a Serious Case Review (SCR). LSCBs should also consider conducting a SCR in other circumstances where a child has been harmed. These include when:
26.2 The procedures are set out in Chapter 8 of Working Together to Safeguard Children 2006 and chapter 14.3 of The Kent and Medway Safeguarding Children Procedures 2007.
26.3 The purpose of the SCR is to:
26.4 It is the responsibility of each agency to consider whether a case should be referred for a SCR. Police will forward a report to HQ PPU - DCI in all cases where the above circumstances are present.
26.5 Dedicated procedures and practice guidance for application in Kent and Medway is signposted via www.kscb.org.uk and www.mscb.org.uk.
27. ContactPoint
27.1 ContactPoint is a basic national online directory proposed to be the quick way to find out who else is working with the same child or young person, making it easier to deliver more coordinated support. It will draw data from existing national and local systems. It was established under s.12 of The Children Act 2004 and is part of the Every Child Matters:Change For Children Programme.
27.2 ContactPoint will contain the following basic information on all children under 18 years of age:
- Name, address, gender and date of birth of of all children (aged 0-17) resident in England
- Identifying number
- Name and contact details for:
- Parents or carers
- Educational setting (e.g. school)
- Primary medical practitioner (e.g. GP practice)
- Practitioners providing other services
- Lead professional for that child (if appointed)
27.3 ContactPoint will be a tool that will enable authorised practitioners who work with children and young people e.g education, health, police, CSS, youth offending and some voluntary organisations to:
- Verify the identity a child or young person who comes to their attention
- Assess whether that child is receiving universal services (education, primary, health care)
- Identify any other practitioners who are involved with that child or young person
- Make contact with other practitioners who are involved with the child or young person, in order to plan and deliver the most appropriate response to their needs and circumstances.
27.4 There will be circumstances when it is appropriate to "shield" an individuals details whose circumstances may mean that they are at risk of significant harm. The necessity to shield an individuals record will be assessed on a case by case basis. The criteria to shield is when there are strong reasons to believe that not doing so would be likely to –
- Place a child at increased risk of significant harm
- Prejudice the prevention or detection of a serious crime
- Place an adult at risk of significant harm
- In the case of adoption, put a child’s placement at risk
27.5 Shielded records will only show name, d.o.b, gender and ContactPoint identification number. Access to shielded records will be limited and monitored. CAIU will have responsibility of notifying HQ PPU of any records that may require shielding.
28. Common Assessment Framework
28.1 The Common Assessment Framework (CAF) is a standardised approach to conducting an assessment of a child's additional needs and deciding how those needs should be met.
28.2 The aim of the CAF is to provide a simple process for a holistic assessment of a child's needs and strengths, taking account of the role of parents, carers and environmental factors on their development. It requires a pre-assessment process and a full assessment.
29. Child Prostitution
29.1 The vast majority of children do not voluntarily enter prostitution: they are coerced or enticed. Local agencies must act quickly and sensitively in the best interests of the children concerned. They should treat such children as children in need, who may be suffering from, or may be likely to suffer, significant harm.
29.2 The Home Office and Department of Children Schools and Families jointly published guidance in relation to child prostitution in May 2009 entitled Safeguarding Children & Young People from Sexual Expolitation which should be read in conjunction with Working Together to Safeguard Children.
29.3 Children involved in prostitution may come to the attention of the police in the course of other duties, such as during the investigation of drug offences, or in the execution of search warrants. In these circumstances, officers should be aware of the need to take, if necessary, immediate steps to safeguard the child and to initiate procedures relating to children involved in prostitution.
29.4 Section 46 of the The Children Act empowers the police to remove a child to suitable accommodation, or ensure their removal from safe accommodation is prevented, where there is reasonable cause to believe that they would otherwise be likely to suffer significant harm. Refer to policy M89: Police Protection Section 46 Children Act 1989
29.5 All cases of child prostitution or suspected child prostitution must be referred to the BCU CAIU who will be responsible for referring the child to CSS.
29.7 Most children do not freely and willingly become involved in prostitution. Every effort should be made to divert children away from prostitution before resorting to criminal justice action. This should always be undertaken in a multi-agency format with social workers.
29.8 The initial presumption should always be that a child is not soliciting voluntarily. What seems to be a persistent and voluntary return to soliciting by a child should never be taken at face value. There must be a thorough investigation of all aspects of a case to ensure that there is no evidence of an abusive relationship that could involve physical, mental or emotional coercion.
29.9 The criminal justice process should only be considered if the child persistently and voluntarily continues to engage in prostitution. Police and colleagues in other agencies, who will be involved in considering whether there is a genuine choice, must be aware of the high degree of coercion and malign influence that can be exercised by abusers and be fully alive to the possibility that what is claimed as a voluntary activity simply masks threats or coercion.
29.10 In such cases, the police should only start to consider whether criminal justice action is required, following a strategy discussion with CSS and when all diversion work has failed over a period of time and a judgement is made that it will not prove effective in the foreseeable future. What constitutes “a period of time” and “the foreseeable future” will vary in each case.
29.11 Involvement in prostitution is often linked to other offences, for example, drugs offences. Where a young person involved in prostitution is allegedly involved in other types of crime, she or he will be dealt with in the same way as other young offenders, i.e. by means of reprimand, final warning or prosecution.
29.12 However, the patterns of behaviour and the abusive nature of prostitution should form part of any assessment. In addition, the child should be (if he or she has not already been) the subject of inter-agency discussion, in accordance with this guidance, so that their involvement in prostitution can be addressed.
29.13 The priority for criminal justice action must be to investigate and prosecute those who abuse children (this includes those who sexually abuse a child and those who coerce or are involved in the prostitution of a child).
29.14 The interests of the child should be taken into account and, as in all cases involving children as victims and witnesses, the case will need to be handled with care and sensitivity. The child should be given every assistance to contribute to the investigation. In addition the child should be referred to KCWS in line with policy N119 as detailed at section 14 of this policy.
29.15 Witness intimidation and even abduction are common in child prostitution cases. Where coercers are powerful and organised and there is a significant risk of intimidation of the child and the family, both may need protection and assistance through witness protection programmes, or other support measures.
30. Retention and disposal of records
30.1. Family and subject files of 5 years from the last recorded activity following which they should be sent for archiving at the Belvedere storage facility. Child protection files must be boxed separately from other material being sent from Area for storage and must be clearly marked ‘CAIU CHILD PROTECTION FILES. DO NOT DESTROY UNTIL…’ (Insert appropriate date).
30.2. All other documents mentioned in the above policy will be retained for the period specified in the retention & disposal of force documents policy (Ref No B18) and the supporting Disposal Schedule Click here for disposal schedule .
31. Equality impact assessment
31.1. This policy has been assessed with regards to its race and diversity equality.As a result of this assessment this policy has been graded as having a medium potential impact.
31.2 Attached is the latest equality impact assessment that forms part of the policy review process.
| Policy reference: | N21 Child abuse |
| Policy owner: | Detective Chief Superintendent Crime and Intelligence |
| Contact point: | Policy Unit, 01622 654662 |
| Date last reviewed: | 26 August 2009 |
| Document last saved: | 12 January 2010 |
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