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5. Protecting Children in Specific Circumstances

1.0 Introduction
2.0 Allegations against a Professional, Professional Carer or Volunteer:
    Foster Homes in Wolverhampton
    Children from Wolverhampton Placed in Foster Homes Outside Wolverhampton
    Private, Voluntary or Public Authority Residential Care
    Day and Residential Schools Maintained by Wolverhampton
    Independent Day and Residential Schools
    Children being Cared for by Day
    Children in Custody
    Children in Hospital
    Volunteers
3.0 Private Foster Care
4.0 Disabled Children and Young People
5.0 Abuse by Children and Young People
6.0 Abuse by a Stranger
7.0 Abuse by Extended Family and Friends
8.0 Organised Abuse
9.0 Domestic Violence and Abuse
10.0 Multi-agency Risk Assessment Conference (MARAC)
11.0 Parental Mental Illness
12.0 Parental Learning Disability
13.0 Parental Substance Misuse
14.0 Adults who Pose a Risk to Children
15.0 Multi-agency Public Protection Arrangements
    Process for Public Protection Panels
    Disclosure of Information about Sex Offenders
16.0 Sexually Active Children and Young People
17.0 Sexually Exploited Children and Young People
18.0 Missing Children and Families
19.0 Children who Self Harm
20.0 Induced or Fabricated Illness
    Use of Covert Video Surveillance
21.0 Bullying
22.0 Racism
23.0 Female Genital Mutilation
24.0 Forced Marriage
25.0 Honour Crimes
26.0 Possession and Witchcraft
27.0 Migrant Children
    Unaccompanied Asylum Seeking Children
    Child Victims of Trafficking
28.0 Children in Temporary Accommodation
29.0 Visits by Children to High Security Hospitals, Prisons and Young Offender Institutions


1.0 Introduction

1.1 Wolverhampton Safeguarding Procedures apply in all circumstances and in every setting when a parent, professional or any other person has concerns about the welfare of a child. This section reinforces this basic framework for those children who are cared for away from home and/or are particularly vulnerable.
1.2 Every setting in which children live away from home should provide the same basic safeguards against abuse, founded on an approach which promotes their general welfare, protects them from harm of all kinds, and treats them with dignity and respect.
1.3 However concerns, suspicions or allegations may arise in respect of adult carers or other children in respect of children living away from home or being cared for by day. They may relate to historical abuse, possibly of an organised or multiple nature, or to contemporary concerns.
1.4

The procedures in this section are generally in relation to more complex child protection matters that require more complex inter-agency working arrangements. All agencies should be aware of four related but independent strands of enquiry which may need to be made:

  • Section 47 Enquiries where a child is suspected to have suffered, be suffering or likely to suffer significant harm;
  • Criminal investigations to establish whether an offence has been committed;
  • Disciplinary enquiries to ascertain whether misconduct or gross misconduct by staff has occurred which may involve the suspension of staff;
  • Investigations under the complaints procedures.

The common facts of the alleged abuse should be applied independently to each strand of enquiry and a definite conclusion reached in respect of each one.  The fact that a criminal prosecution is not possible does not mean that safeguarding action or employee discipline is not required.

1.5 Agencies should ensure support is provided to staff and carers against whom allegations have been made and who become subject to these enquiries.
1.6

Responsibility to investigate alleged child abuse under Section 47 of the Children Act 1989 lies with the authority where the child/ren is living, in the first instance. For all children living or placed in Wolverhampton the first point of contact for any concerns is Wolverhampton Children & Young People's Service.  Wolverhampton will:

  • Initiate a Section 47 Enquiry following Wolverhampton Safeguarding Procedures;
  • Inform the local Children & Young People's Service for the child's home area, if different;
  • Convene a Strategy Discussion for professionals involved within 24 hours if urgent or within five working days.
1.7

When an officer of the Wolverhampton Local Authority becomes aware of concerns about a child which may require investigation under another Authority's Safeguarding Procedures (e.g. a child who is placed away from Wolverhampton) they should immediately pass that information to the relevant Children & Young People's Service and to the Wolverhampton Deputy Head of Safeguarding. The Deputy Head of Safeguarding will:

  • Pass the information to the Social Work Service for the Local Authority responsible for the child/ren (if appropriate and not already provided);
  • Identify an individual to act as the link with the other Authority (if appropriate);
  • Where urgent action appears to be required, arrange a Strategy Discussion (under that Authority's Area Child Protection Committee's procedures) within 24 hours or in other circumstances within five working days.


2.0 Allegations against a Professional, Professional Carer or Volunteer

This section was amended in April 2012 in relation to paragraphs 2.2, 2.8 and 2.23, having regard to the DfE statutory guidance 'Dealing with Allegations of Abuse Against Teachers and Other Staff', which was published in August 2011, and applies to teachers and staff (including volunteers) in a school or FE college that provides education for children under 18).

2.1

A Professional or Professional Carer refers to any individual employed by or accredited by any public, private or voluntary agency and who:

  • Is entrusted with the care or control of a child; or
  • Has contact with a child in the course of their work. Volunteers working with public, private or voluntary agencies are also covered by this procedure.
2.2

Allegations to which these Safeguarding Procedures apply are those where it is alleged that a person who works with children has:

  • Behaved in a way that has harmed or may have harmed a child;
  • Possibly committed a criminal offence against or related to a child;
  • Behaved towards a child or children in a way that indicates s/he is unsuitable to work with children*.

 

*In relation to teachers and staff (including volunteers) in a school or FE college that provides education for children under 18, the third bullet point should also read 'behaved towards a child or children in a way that indicates that he or she would pose a risk of harm if they work regularly or closely with children.' (This amendment arises as a result of the DfE statutory guidance 'Dealing with Allegations of Abuse Against Teachers and Other Staff, published in August 2011.
2.3 Because of the different strands involved in any investigation, the Safeguarding Business Manager: Allegations, Complaints and School Relationships, (referred to as the 'Allegations Manager' throughout this Procedure) will have the key role in co-ordinating the relevant elements and ensuring that all subsequent stages of the Safeguarding Procedures are followed.
2.4 Any individual who has a concern of a child protection nature about a colleague must report the matter at the earliest opportunity to their line manager. Any individual who has a child protection concern about their line manager must report this to an appropriate senior manager within their organisation. If an individual has no line manager, they must make direct contact with the Police or Children's Social Care Assessment & Child Protection Team.  If any individual is unhappy that their concerns are not being taken seriously within their agency, they should refer directly to the Head or Deputy Head of Safeguarding Service in the Children & Young People's Service.
2.5

Any agency or individual receiving a complaint relating to a professional or professional carer where there are clear child protection issues should immediately consult with the Allegations Manager or the Deputy Head of Safeguarding Service to determine:

  • If there is a need to undertake preliminary enquiries and, if so, how the enquiries should be conducted; or
  • If there is sufficient information available to initiate an investigation under Safeguarding Procedures;
  • Whether immediate action to protect a child is required;
  • What support might be needed for the child and family.
2.6 The person who is the subject of the allegation should not be informed of the allegation until consultation has taken place.
2.7 Where a decision is made not to proceed with enquiries, the reasons for this should be recorded and filed by the Safeguarding Service with a copy to the referring agency.
2.8 All agencies should have in place a procedure for managing suspicions, allegations of abuse by, and complaints against staff and volunteers. There should be a nominated officer who has responsibility for overseeing any internal enquiry and disciplinary actions which may include suspension of the staff member while investigations are undertaken. Suspension should be considered in any case where there is cause to suspect a child is at risk of Significant Harm; the allegation warrants investigation by the police or is so serious that it might be grounds for dismissal. Suspension is a neutral act and it should not be automatic or considered as a default option. The officer should ensure that a written statement is made of the nature of the allegations, action taken and the outcome. If suspension is deemed appropriate, the reasons and justification should be recorded and the individual notified of the reasons.
2.9 The parents of the child should be informed about the allegation as soon as possible subject to consultation with the Allegations Manager or Deputy Head of Safeguarding Service about the best way to inform the parents. The child and their parent should be given a formal written outcome of any internal enquiry. Agencies should also provide support to staff and carers against whom such allegations have been made.
2.10 Any preliminary enquiries should be minimal to establish the facts of the allegation if these were not established or were unclear at the time the original concern was raised, i.e. date, time, place of any alleged incident, any witnesses and other relevant factors. In depth questioning of children or professionals/professional carers should not take place. Careful records should be made regarding any concerns or allegations and actions taken in response to these.
2.11

If following preliminary enquiries and consultation, the initial concerns are substantiated, the Allegations Manager will:

  • Inform the local Children & Young People's Service for the child's home area if the child has been placed in Wolverhampton by another local authority;
  • Inform the relevant social work team (in the case of a Looked After Child) or the Team Manager, Duty and Assessment Team in order to initiate a Section 47 Enquiry;
  • The Assessment & Child Protection Team, or responsible social worker in the case of a Looked After Child will, in consultation with the Deputy Head of Safeguarding Service, convene a Strategy Meeting.  The Strategy meeting must take place within 24 hours if urgent or within a maximum of five working days;
  • Inform the Fostering Team if the allegations concern a foster carer. The Fostering Team are responsible for informing the Commission for Social Care Inspection. The foster carer's supervising social worker will provide support for the foster carers and subsequently arrange a statutory foster carer review.
2.12

The relevant social work team will:

  • Initiate a Section 47 Enquiry;
  • Assess the immediate needs of the child making the allegation;
  • Assess the immediate needs of any other child cared for or in contact with the carer including any child of the carer;
  • Inform the police at the earliest opportunity if it is believed a criminal offence has taken place;
  • Inform the child's parents;
  • Take any immediate action required to protect a child.
2.13

Those invited to attend the Strategy Meeting may include:

  • Police;
  • Children & Young People's Service;
  • The Allegations Manager;
  • Line Manager or appropriate representative of the individual under suspicion;
  • Wolverhampton Human Resources (where the individual under suspicion is an employee of Wolverhampton City Council);
  • Relevant Registration and Inspection Authority e.g. OFSTED and Commission for Social Care Inspection when appropriate;
  • The professional / Agency representative who made the original referral;
  • The professional /Agency representative who received the original allegation (where  appropriate).
2.14

Strategy Meetings convened under this procedure must be chaired by a Safeguarding Review Manager or the Deputy Head of Safeguarding. The purpose of the Strategy Meeting is to plan and co-ordinate the investigation, taking account of child protection, criminal and employment related issues. The meeting must consider:

  • The alleged victim;
  • The children of the individual under suspicion;
  • Other children who may have contact with the individual under suspicion through his/her employment or in any other setting.
2.15

The meeting will address:

  • The nature of the allegations;
  • Whether there are indications abuse may be more widespread or organised than it originally appeared;
  • The circumstances of the individual under suspicion;
  • Information regarding the young person making the allegation and others who may be at risk;
  • How the investigation is to be conducted;
  • Workplace issues;
  • Media and political management.
2.16

The meeting will

  • Agree action required;
  • Record any disagreements;
  • Delegate tasks and responsibilities;
  • Set clear timescales;
  • Agree how subsequent decisions will be made and by whom;
  • Consider the need to reconvene.
2.17 Minutes will be taken and circulated to those attending the meeting and to any other person agreed by the Strategy Meeting.
2.18 If the investigation concludes that there is no substance to the allegation then no further action will be taken under Safeguarding Procedures.
2.19 If the investigation concludes that the behaviour of the individual under suspicion was inappropriate or unacceptable but cannot be regarded as abusive, further action will be taken via the supervisory/management process and/or under the individual agency's disciplinary procedures. Appropriate action should be instituted within 3 working days if a formal disciplinary hearing is not required and within 15 working days if a disciplinary hearing is convened.
2.20 If the investigation concludes that the behaviour was abusive, further action will taken via criminal proceedings and/or disciplinary procedures.  Wherever possible a decision about criminal proceedings should be made within 4 weeks of the start of the investigation. Further action under Safeguarding Procedures will also be considered in respect of the children of the individual under suspicion.
2.21 The outcome of the investigation must be shared with all members of the original Strategy Meeting, with the relevant Registration and Inspection Authority and with appropriate senior managers.
2.22 If the allegation is substantiated and the person ceases employment either by choice or dismissal, consideration must be given to whether the person should be referred to the Independent Safeguarding Authority (ISA) Children's Barred List. If the person is subject to registration or regulation by a professional body e.g. General Social Care Council, OfSTED or GMC, consideration must also be given to referral to that body. Such referrals should be made within one month.
2.23 Records of Strategy Meetings and any subsequent investigations of employees of the Children & Young People's Service will be stored by the Safeguarding Service until the person reaches normal retirement age or for 10 years if that will be longer. The child's file should contain a brief summary of the matters investigated and the outcome; including the Decisions and Recommendations and minutes of any Child Protection Conference. Details of allegations that are found to be malicious should be removed from personnel records.


Foster Homes in Wolverhampton

2.24 Foster carers subject to investigation should be informed as soon as possible, and no later than 24 hours after an investigation commences. When it has been decided that a visit needs to take place to see the foster carer as part of the investigation the Foster Care Support Centre should be alerted to the fact that the foster carer may request their support at a later stage. However, no details should be given to the Foster Care Support Centre about which specific foster home is under investigation until this has been agreed by the foster carer under investigation and the investigating agencies.


Children from Wolverhampton Placed in Foster Homes Outside Wolverhampton

2.25 The local authority where the child is living will take responsibility for convening a Strategy Meeting under these procedures. Relevant representatives from Wolverhampton should attend any Strategy Meeting convened by another local authority. A decision will be made at the Meeting about which local authority will take responsibility for any subsequent enquiries.


Private, Voluntary or Public Authority Residential Care

2.26

Anyone who suspects or alleges child abuse by a member of staff must inform the officer in charge, who will inform:

  • The local Children & Young People's Service;
  • The social worker if a child is looked after;
  • Their own line manager.
2.27 The local Children & Young People's Service will be responsible for the further conduct of the case and will follow the procedures for Allegations against a Professional, Professional Carer and Volunteers.
2.28 Any person who suspects or alleges child abuse by an officer in charge must inform the local Children & Young People's Service who will take any necessary action and in addition will inform the line manager of the officer in charge.


Day and Residential Schools Maintained by Wolverhampton

2.29

Any person who makes or receives an allegation about a member of staff should report the matter immediately to the Headteacher. If the allegation is against the Headteacher, then the matter should be reported to:

  • The Allegations Manager, Safeguarding Service, and Head of Safeguarding;
  • Chair of Governors.
2.30

Immediately an allegation is made, the Headteacher (or where the allegation is against the Headteacher, the Deputy Headteacher or Senior Designated Teacher) should:

  • Countersign a written, signed and dated account of the allegation provided by the person who makes, or has received, the allegation;
  • Inform and seek advice from the Local Authority Designated Officer;
  • Record any information about times, dates, locations and names of potential witnesses;
  • Consult with the Allegations Manager or Deputy Head of Safeguarding about whether the allegation falls within the remit of the Safeguarding Procedures as set out in Paragraph 2.2;
  • Reach agreement with the Allegations Manager / Deputy Head of Safeguarding about who will inform the child's parents;
  • Inform the social worker of a Child Looked After.
2.31 The substantive decision on whether to conduct external enquiries under the Safeguarding Procedures rests with the Children & Young People's Service and the Police. External enquiries will preclude an internal school enquiry.
2.32 If the criteria for initiating Section 47 Enquiries are met, the Children & Young People's Service will be responsible for the further conduct of the case under the procedures for Allegations against a Professional, Professional Carer and Volunteers.
2.33 More detailed guidance is available in Safeguarding Children in Education: Dealing with Allegations of Abuse against Teachers and Other Staff.


Independent Day and Residential Schools

2.34

Any person who makes or receives an allegation about a member of staff should report the matter immediately to the Head teacher. If the allegation is against the Head teacher, then the matter should be reported to:

  • The Allegations Manager / Deputy Head of Safeguarding;
  • Chair of Governors.
2.35

Immediately an allegation is made, the Head teacher (or where the allegation is against the Head teacher, the Deputy Head teacher or Senior Designated Teacher) should:

  • Countersign a written, signed and dated account of the allegation provided by the person who is making or has received the allegation;
  • Record any information about times, dates, locations and names of potential witnesses;
  • Consult with the Allegations Manager or Deputy Head of Safeguarding about whether the allegation falls within the remit of the Safeguarding Procedures as set out in Paragraph 2.2;
  • Reach agreement with the Children & Young People's Service about who will inform the child's parents;
  • Inform the social worker if the child is looked after.
2.36 If the criteria for initiating Section 47 Enquiries are met, the local Children & Young People's Service will be responsible for further conduct of the case under the procedures for Allegations against a Professional, Professional Carer and Volunteers.
2.37 More detailed guidance is available in Safeguarding Children in Education: Dealing with Allegations of Abuse against Teachers and Other Staff.


Children being Cared for by Day

2.38 This includes day care facilities, playgroups, crèche facilities, child minders, holiday schemes, supervised activities, adventure playgrounds and other play opportunities as defined in Annex C - The Children Act 1989 Guidance and Regulations Volume 2.
2.39

Any person who suspects or alleges child abuse by a member of staff or by a carer must inform the officer in charge or person responsible for the care provided who will inform:

  • Their own line manager;
  • The Allegations Manager or Deputy Head of Safeguarding;
  • The local Children & Young People's who will be responsible for the further conduct of the case under the procedures for Allegations against a Professional, Professional Carer and Volunteers.
2.40

Any person who suspects or alleges abuse of a child by an officer in charge or by a child minder must inform the local Children & Young People's Service who will take action as above and will also:

  • Inform the line manager of an officer in charge or person responsible for the care provided;
  • Consider the needs of any other child in the home of a child minder, including a natural child.


Children in Custody

2.41

Local authority circular LAC(2004)26 includes guidance concerning the local authority's responsibilities to children in custody. It states:

Mr Justice Munby's judgment, handed down on 29 November 2002, ruled that "The Children Act 1989 applies to children in Prison Service establishments (including Young Offender Institutions), subject to the necessary requirements of imprisonment. Accordingly, the functions, powers, duties, responsibilities and obligations conferred or imposed on local authorities by the Act (and, in particular, by sections 17 and 47 of the Act) do not cease to arise merely because a child is in a Young Offender Institution or other prison establishment; however such functions, powers, duties, responsibilities and obligations take effect and operate subject to the necessary requirements of imprisonment."
2.42 If a child in custody in an establishment in Wolverhampton makes allegations about abuse that happened before they entered the custodial establishment, or it becomes clear that they may be at risk of Significant Harm on leaving the establishment, a referral should be made to the Duty and Assessment Team under the Procedures for the Management of Individual Cases.
2.43

The Duty and Assessment Team will:

  • Co-ordinate an Initial Assessment;
  • Consider initiating Section 47 Enquiries; and
  • Negotiate transfer to the local authority in whose area the child was living or will be living, or where the abuse is alleged to have taken place, where appropriate.
2.44 The Deputy Head of Safeguarding should be notified if a child dies in custody in an establishment in Wolverhampton. If the child was ordinarily resident in Wolverhampton, the Serious Case Review Panel will then consider whether to commission a Serious Case Review. Otherwise, this decision will be made by the responsible authority.
2.45 Where there is concern for the welfare of a prisoner's child within a custodial establishment, the Procedures for the Management of Individual Cases will apply.


Children in Hospital

2.46 Children in hospital should not be cared for on an adult ward and should be in facilities which are secure and regularly reviewed. Section 85 of the Children Act 1989 requires PCTs to notify the local authority for the area where the child is normally resident when a child will be accommodated in hospital for 3 months or more so that the welfare of the child can be assessed and kept under review.
2.47 Where a child who is an inpatient in hospital is known to the Children & Young People's Service and is subject to concerns about their welfare, the Children & Young People's Service should undertake a re-assessment of need to establish that it is safe for the child to return home before the child is discharged from hospital. The assessment should include discussions with the medical staff and result in decisions being agreed with the consultant responsible for the child's care in hospital and recorded.  If necessary, a plan should be prepared to ensure the promotion and safeguarding of the child's best interests.
2.48 When concerns about the deliberate harm of a child in hospital have been raised, a record must be kept in the case notes of all discussions about the child, including telephone conversations.  When doctors and nurses are working in circumstances in which case notes are not available to them, a record of all discussions must be entered in the case notes at the earliest opportunity so that this becomes part of the child's permanent  health record.
2.49 All doctors involved in the care of a child about whom there are concerns about possible deliberate harm must inform the Children & Young People's Service of their concerns and provide the Children & Young People's Service with a written statement. It is the doctor's responsibility to ensure their concerns are properly understood and to correct any misunderstandings at the earliest opportunity in writing. 
2.50 The Children & Young People's Service will then respond to the concerns under the Procedures for the Management of Individual Cases.
2.51 If there is an allegation against a medical member of staff or a PCT employee or volunteer, the hospital management should be informed.
2.52

Immediately an allegation is made the hospital manager informed should:

  • Inform their line manager;
  • Countersign a written, signed and dated account of the allegation provided by the person who is making or has received the allegation,
  • Record any information about times, dates, locations and names of potential witnesses;
  • Consult the Allegations Manager or Deputy Head of Safeguarding and agree who will inform the child's parents.
2.53 If the criteria for initiating Section 47 Enquiries are met, the Children & Young People's Service will be responsible for further conduct of the case under the procedures for Allegations against a Professional, Professional Carer and Volunteers.


Volunteers

2.54 The four separate strands of an investigation - Section 47 Enquiries, criminal investigation, disciplinary procedures and complaints investigation - apply to volunteers as they do to paid members of staff. Therefore a similar, if simpler, process should be applied to volunteers.


3.0 Private Foster Care

3.1 Private fostering is any arrangement made privately for the care of a child under 16 years of age (or 18 if a disabled child) by someone other than a parent or close relative for a period of 28 days or more.
3.2

Privately fostered children are a diverse, and sometimes vulnerable group. They include:

  • Children from abroad sent to stay with another family;
  • Asylum seeking and refugee children;
  • Teenagers who, having broken ties with their families, are staying with friends or other non-relatives usually on a short term basis;
  • Language students living with host families.
3.3 The Children (Private Arrangements for Fostering) Regulations 2005 require local authorities to satisfy themselves that the welfare of all children who are privately fostered in the area is being satisfactorily safeguarded and promoted and set out the duties the local authority must undertake to ensure this.
3.4 The local authority should be notified in advance of any proposed private fostering arrangement and must satisfy itself about the suitability of the proposed arrangement before it takes place. Having satisfied itself about the arrangement it must then visit on a regular basis and monitor the arrangement.
3.5 Any agency which becomes aware of a private fostering arrangement should notify the Children & Young People's Service immediately. The Children & Young People's Service will then complete an assessment of the arrangement under The Children (Private Arrangements for Fostering) Regulations 2005.
3.6 If there are any concerns that a child placed in a private fostering arrangement is being abused the Safeguarding Procedures will apply and investigation will proceed under the Procedures for the Management of Individual Cases. The parent of the child should be immediately informed and the parent will be a key decision maker during the investigation and in decisions about the future care of the child.
3.7 If it is established that a private foster carer has abused a child the authority may impose a prohibition on that person preventing them from fostering children.
3.8

Any foster carer to whom an allegation of abuse is made by the child should:

  • Limit any questioning to the minimum necessary to seek clarification;
  • Inform the supervising social worker from the Children & Young People's Service and/or the police;
  • Inform the child's parents;
  • Make a written record as soon as possible of what they have been told, and make a copy of this available to the social worker.
3.9 If the criteria for initiating Section 47 Enquiries are met, the Children & Young People's Service will be responsible for further conduct of the case under the Procedures for the Management of Individual Cases.


4.0 Disabled Children and Young People

4.1 For additional guidance, please see Safeguarding Disabled Children: Practice Guidance (issued by the DCSF in July 2009).
4.2

Various definitions of disability are used across agencies and professionals. Whatever definition of 'disabled' is used, the key issue is not what the definition is but the impact of abuse or neglect on a child's health and development, and consideration of how best to safeguard and promote the child's welfare.

Evidence on the extent of abuse among disabled children suggests that disabled children are at increased risk of abuse and that the presence of multiple disabilities appears to increase the risk of both abuse and neglect. Disabled children may be especially vulnerable to abuse for a number of reasons. Some disabled children may:

  • Have fewer outside contacts than other children;
  • Receive intimate care, possibly from a number of carers, which may both increase the risk of exposure to abusive behaviour and make it more difficult to set and maintain physical boundaries;
  • Have an impaired capacity to resist or avoid abuse;
  • Have communication difficulties which may make it difficult to tell others what is happening;
  • Be inhibited about complaining for fear of losing services;
  • Be especially vulnerable to bullying and intimidation;
  • Be more vulnerable to abuse by peers.
4.3 Children with disabilities should be treated no differently from any other child in terms of process when concerns are expressed about their welfare, including concern that a child may be suffering or be at risk of suffering Significant Harm. As stated in the Safeguarding Disabled Children Guidance (2009): 'Having a disability should not and must not mask or deter an appropriate enquiry where there are child protection concerns'. However, some disabled children will require additional assistance to help them raise concerns about their care or treatment. Professionals who have regular day to day contact with the child are most likely to know the best means of communication to use with the child and will be well placed to assist in any investigation although this may give rise to concerns around objectivity so care must be taken.
4.4

The reasons why disabled children are more vulnerable to abuse are summarised below:

  • Many disabled children are at an increased likelihood of being socially isolated with fewer outside contacts than non-disabled children;
  • Their dependency on parents and carers for practical assistance in daily living including intimate personal care increases their risk of exposure to abusive behaviour;
  • They have an impaired capacity to resist or avoid abuse;
  • They may have speech, language and communication needs which may make it difficult to tell others what is happening;
  • They often do not have access to someone they can trust to disclose that they have been abused;
  • They are especially vulnerable to bullying and intimidation;
  • Looked after disabled children are not only vulnerable to the same factors that exist for all children living away from home but are particularly susceptible to possible abuse because of their additional dependency on residential and hospital staff for day to day physical needs.
4.5 Where there are safeguarding concerns about a disabled child, there is a need for greater awareness of the possible indicators of abuse and/or neglect as the situation is often more complex. It is crucial that the disability is not allowed to mask or deter the need for an appropriate investigation of child protection concerns.
4.6

The following are some indicators of possible abuse or neglect:

  • A bruise in a site that might not be of concern on an ambulant child, such the shin, might be a concern on non-mobile child;
  • Not getting enough help with feeding leading to malnourishment;
  • Poor toileting arrangements;
  • Lack of stimulation;
  • Unjustified and/or excessive use of restraint;
  • Rough handling, extreme behaviour modification e.g. deprivation of liquid, medication, food or clothing;
  • Unwillingness to try to learn a child's means of communication;
  • Ill-fitting equipment e.g. callipers, sleep boards, inappropriate splinting, misappropriation of a child's finances;
  • Invasive procedures which are unnecessary or are carried out against the child's will.
4.7 If insufficient time is given for a child with restricted arm and hand movement to have an adequate lunch, the child could experience hunger or dehydration. The impact of such an experience is repeated over a number of days could be considerable.
4.8 Removing batteries out of an electric wheelchair to restrict liberty solely for the convenience of staff might equate to a non-disabled child being locked in a room or having their legs tied.
4.9

Professionals may be reluctant to act on concerns because of a number of factors that include:

  • Over identifying with the child's parents/carers and being reluctant to accept that abuse or neglect is taking or has taken place, or seeing it as being attributable to the stress and difficulties of caring for a disabled child;
  • A lack of knowledge about the impact of disability on the child;
  • A lack of knowledge about the child, e.g. not knowing the child's usual Behaviour;
  • Not being able to understand the child's method of communication;
  • Confusing behaviours that may indicate the child is being abused with those associated with the child's disability;
  • Denial of the child's sexuality;
  • Behaviour, including sexually harmful behaviour or self-injury, may be indicative of abuse;
  • Being aware that certain health/medical complications may influence the way symptoms present or are interpreted. For example some particular conditions cause spontaneous bruising or fragile bones, causing fractures to be more frequent.
4.10 Those in Children's Social Care who are likely to receive initial contacts and/or referrals concerning disabled children should have received appropriate training to equip them with the knowledge and awareness to assess the risk of harm to the child and know what action to take.
4.11 Assessment should be undertaken by professionals who are both experienced and competent in child protection work, with additional input from those professionals who have knowledge and expertise of working with disabled children.
4.12 A good question when assessing a disabled child is:  Would I consider that option if the child were not disabled?
4.13 Anyone with concerns that a disabled child whose communication is impaired may have suffered, or is likely to suffer, Significant Harm should follow the Procedures for the Management of Individual Cases.
4.14

Upon receipt of any such referral, the Team Manager, Duty and Assessment Team will discuss the most appropriate way to manage the Children & Young People's Service's element of any Section 47 Enquiry with the Team Manager Disabled Children and Young People's Team and vice versa.

The following questions should be asked when a referral is received concerning a disabled child:

  • What is the disability, special need or impairment that affects the child? Ask for a description of the disability or impairment;
  • Make sure that you spell the description of an impairment correctly;
  • How does the disability or impairment affect the child on a day-to-day basis?
  • How does the child communicate? If someone says the child cannot communicate, simply ask the question: 'How does the child indicate he or she wants something?
  • How does the child show s/he is unhappy?
  • Has the disability or condition been medically diagnosed?

The number of carers involved with the child should be established as well as where the care is provided and when.
4.15 Where the child is already known to the Disabled Children and Young People's team (DCYPT), that team will participate in any Strategy Discussions and enquiry, even where it is decided that the Duty and Assessment Team should also be involved. Professionals who know the child well should be included in the Strategy Discussion to assist with communication.
4.16 Where the child is not already known to the Disabled Children and Young People's team (DCYPT), the enquiry might benefit from the particular skills and knowledge of practitioners in that team, and it will be part of the discussion between Team Managers which team should take the lead.
4.17 During any investigative interviews with disabled children where it has been agreed that the Duty and Assessment Team will take the lead, the relevant  social worker from the Disabled Children and Young People's team (DCYPT), should still be fully involved and contribute to the process.
4.18 Medical Assessment may provide particularly significant evidence during Section 47 `Enquiries in view of the vulnerability and potential communication difficulties experienced by disabled children
4.19

The guidance emphasises the critical importance of communication with disabled children including recognising that all children communicate preferences if asked in the right way by those who understand their needs and have the skills to listen to them.

The Children & Young People's Service, the Police and the Courts should be aware of non verbal/alternative communication systems and where they should  be implemented to facilitate the provision of credible evidence in both criminal and care proceedings. All agencies involved should be aware that disabled children may need additional time and special support to express their wishes, feelings, and concerns; account of this should be taken in the operation of the timescales in the child protection process.
4.20 It is important to establish whether any communication system used by the child can adequately describe topics which the investigation would need to cover. The child may need electronic or computer equipment which may only be available in certain locations which may affect where the investigation would need to take place. The Speech and Language Therapy team (based at the Gem Centre) may be well placed to support and advise on symbols and techniques for communication, including symbols which may need to be used to support the investigation.
4.21 Where it is necessary to use a facilitator or interpreter to communicate with the child, the investigating social worker should agree with this person how they are going to work together during the interview. The facilitator /Interpreter must understand the context and implications of the investigation and requirements regarding the gathering of evidence.
4.22 Although there are additional issues and conditions to consider when undertaking an investigation involving disabled children, this should never preclude them from being undertaken. Even when it is felt that it will not be possible to produce evidence which will meet the standard required for Criminal or Care Proceedings, protective action may still be necessary, which may include the separation of a child/ren from an alleged perpetrator with the agreement of the non-abusing parent, or other action which improves the child's situation.
4.23 Practitioners should be advised to refer to the appendices of the government's guidance for a list of helpful resources and more detailed assessments tool and research literature.


5.0 Abuse by Children and Young People

5.1 In respect of abuse by children and young people there is a continuum of behaviour which is child abuse within these procedures, behaviour which is inappropriate or unacceptable but which may require intervention outside of these procedures, and behaviour which is normal childhood exploration. In assessing such behaviour consideration needs to be given to the absence or presence of true consent, to whether there is a significant imbalance of power, and to the potential for exploitation.
5.2 When abuse of a child/ren is alleged to have been carried out by another child/ren or young person the Safeguarding Children Procedures should be followed for both victim and alleged perpetrator.
5.3 Children and young people who abuse others should be held responsible for their abusive behaviour, whilst being identified and responded to in a way which meets their needs as well as protecting others. Work with adult abusers has shown that many of them began committing abusing acts during childhood or adolescence, and that significant numbers of them have been subjected to abuse themselves. Early intervention with children and young people who abuse others may, therefore, play an important part in preventing the continuation, or escalation, of abusive behaviour.
5.4 Wolverhampton Safeguarding Children Board is fully committed to a multi agency approach to the early identification and initial assessment of children who abuse in order that they can be responded to as Children in Need who may themselves be in need of safeguarding.
5.5

The Youth Justice Service, when notified about a child or young person, who is alleged to have sexually offended, is to immediately refer to Children's Social Care.

Any other practitioner is also to refer to Children's Social Care any child or young person where there is reason to suspect that s/he has undertaken sexually harmful behaviour.

Referrals should be made  to the Duty and Assessment Team or, in relevant cases, to the child's social worker, under the Procedures for the Management of Individual Cases.
5.6 Referrals regarding intra-familial abuse will usually come via family, Police Child Abuse Investigation Unit or other professionals. Referrals involving a stranger or abuse of an adult will usually come via the Police, Wolverhampton Probation, or Youth Offending Services. Since these allegations are usually investigated by the local police officers, referrals to the Children & Young People's Service should be made by the officer responsible for the investigation.
5.7 On receipt of a referral regarding a child or young person who is alleged to be an abuser the case will be allocated by the Children & Young People's Service to a child care social worker who is not involved with any child victim(s).
5.8 In cases where referrals come directly to the Children & Young People's Service, the allocated social worker will make referrals to the relevant police office and local Youth Offending Service to determine the most appropriate method of investigating the allegation(s).


Youth Justice Services and Children's Social Care

5.9

In response to a referral, Children's Social Care are to convene a child protection Strategy Meeting, (as opposed to a Strategy Discussion), and this is to take place within one working day. This is to be separate to any child protection Strategy Meeting/Discussion held in respect of the victim of the sexually harmful behaviour, except where the child or young person concerned and the victim are siblings/ members of the same household/family. It is essential that appropriate agency representatives are invited to the child protection Strategy Meeting.

The meeting will be chaired by the relevant social work team manager.
5.10 Attendance will be expected from representatives of relevant agencies involved e.g. Health, Education Services, Youth Offending Service, Wolverhampton Probation Service and the Police.
5.11 In addition, a referral should be made to the NSPCC Black Country Project Promoting Responsible Sexual Behaviour (Tel No. 01384 569232). The project will provide advice and consultation at any stage throughout this process, and would attend the planning meeting. At the meeting relevant information gathered about the child or young person and their family will be shared in order to manage issues of immediate risk posed to others as a consequence of the abusive behaviour. Issues such as the young person's level of understanding of the alleged incident(s), as well as the response of their family or carers to the allegations should be considered. Possible adjustments to accommodation arrangements, education and immediate supervision should be considered.
5.12

The representative from the Youth Offending Service will attend the Strategy meeting in order to:

  • Establish a Youth Offending Service link with any ongoing work commissioned by the planning meeting;
  • Obtain information that can contribute to any decision making regarding a Final Warning (Crime and Disorder Act);
  • Obtain information which may assist in preparing a court report regarding the child or young person.


Tasks of the Child Protection Strategy Meeting

5.13

The child protection Strategy Meeting is to produce a shared multi-disciplinary plan, which addresses as far as possible, on the available information:

  • Child welfare concerns for this child/young person;
  • The safety of potential victims including siblings;
  • Risk management at home, in school and in the wider community;
  • Future living arrangements for the young person;
  • School attendance and related education issues;
  • Support for this child/young person and their family;
  • The needs of this child/young person;
  • Relevant victim issues;
  • Outlining roles, tasks and expectations for different professionals/agencies;
  • Referral into the public protection system;
  • Whether child protection enquiries (Section 47 Enquiries) are necessary in respect of this child/young person.
5.14 The Strategy Meeting is to decide whether an Asset Assessment is appropriate. If not, the reason and the alternative model of assessment is to be agreed.
5.15 In situations where the ASSET FRAMEWORK must be applied, the Youth Justice Service Worker is to take the lead on the ASSET assessment of risk.
5.16

The detailed assessment should consider the following:

  • The nature and extent of the abusive behaviours. In respect of Sexual Abuse, there are sometimes perceived to be difficulties in distinguishing between normal childhood sexual development and experimentation and sexually inappropriate or aggressive behaviour. Expert professional judgement may be needed, within the context of knowledge about normal child sexuality;
  • The context of the abusive behaviours;
  • The child's development, and family and social circumstances;
  • The child's need for services, specifically focusing on the child's harmful behaviour as well as other significant needs; and
  • The risks to self and others, including other children in the household, extended family, school, peer group or wider social network
  • The risk is likely to be present unless the opportunity to further abuse is ended, the young person has acknowledged the abusive behaviour and accepted responsibility and there is agreement by the young abuser and his or her family to work with relevant agencies to address the problem.
5.17

The detailed assessment may also include a referral to the Child and Adolescent Mental Health Service or other specialist agency. Advice should be given to the young person at the commencement of the assessment process, that if further offences are disclosed, these will be reported to the police, but that she or he will retain the support of the Children & Young People's Service and the Youth Offending Service worker should the police decide to take further action.

A further Strategy Meeting is to be arranged to consider the completed assessment report, which must be held within 21 days (15 working days) of the child protection Strategy Meeting. This will be either:

  • A Child Protection Conference - where this is necessary;
  • A Multi Agency Child In Need Meeting.
5.18 An Initial Child Protection Case Conference should be convened only when the alleged abuser, is considered to be personally at risk of Significant Harm (i.e. they have or continue to be likely to be a victim of abuse). In such cases a Child Protection Conference and plan should only deal with the protection of the child or young person from further Significant Harm to themselves. If information arises during the detailed multi agency assessment which indicates the child is suffering or is at risk of suffering Significant Harm, an Initial Child Protection Conference should then be convened.
5.19 An Initial Child Protection Conference should not be convened because the child's abusive behaviour places them at risk from others (i.e. retribution). The protection of the child in these circumstances should be considered at the multi agency planning meeting.
5.20 Abuse by a child or young person who is a stranger to the victim is included in these procedures to ensure that the welfare of the child remains paramount even if the investigation is carried out wholly by the police. The investigating officer should inform a Child Abuse Investigation Unit Officer who will consider the circumstances of any other children in the household of either the victim or the alleged perpetrator. A check should be made with the Children & Young People's Service and, if appropriate, a referral made for an assessment of need.
5.21 If the alleged abuser is aged 10 or over the police may conduct an interview under PACE. The Youth Offending Service may be required to act as an 'appropriate adult' where a parent or carer with Parental Responsibility is unable to attend the interview. In certain cases i.e. intra-familial abuse, it may be desirable and in the alleged abusers best interests for the Youth Offending Service to act as the appropriate adult.


6.0 Abuse by a Stranger

6.1 If a child is abused by someone not known to the child or the family consideration should be given to factors such as the supervision and safety arrangements for the child. If it is believed that a lack of supervision, safety and control amounting to neglect contributed to the abuse, an enquiry under the Safeguarding Procedures should be initiated.
6.2 In most cases involving the abuse of a child by a stranger, the investigation will be conducted wholly by the police. Their responsibilities include ensuring that the child's welfare remains paramount throughout the investigation and any subsequent proceedings.
6.3 The investigating officer should inform the Police Child Abuse Investigation Unit of the case. The Unit should consider the circumstances of other children in the household of either the victim or the alleged perpetrator and of any other children who may have been in contact with the person under suspicion. A check should be made with the Children & Young People's Service and, if appropriate, a referral made for further enquiries or an assessment of needs to be undertaken.
6.4

Consideration should also be given to the possibility that there may be factors in the case that relate to the child/ren's supervision and safety which necessitate investigation under the safeguarding procedures.


7.0 Abuse by Extended Family and Friends

7.1 There are occasions when the alleged perpetrator is a member of the extended family or a family friend. Any investigation of abuse in these circumstances will take place under the Safeguarding Procedures.
7.2

In deciding whether to initiate a Section 47 Enquiry particular attention should be given to whether the parents or carers:

  • Knew of the abuse and colluded with it;
  • Suspected the abuse and failed to protect the children;
  • Demonstrated irresponsible negligence;
  • Obstructed the child disclosing the abuse in any way.
7.3 Consideration should also be given to the protection of other children who may have contact with the alleged perpetrator including their own children.


8.0 Organised Abuse

8.1 Organised or multiple abuse may be defined as abuse involving one or more abusers and a number of children. It can occur both as part of a network of abuse across a family or community and within institutions such as residential homes or schools. Its investigation is time consuming and demanding work requiring specialist skills from both police and social work staff. Some investigations become extremely complex because of the number of places and people involved, and the timescale over which the abuse is alleged to have occurred. The complexity is heightened where, as in historical cases, the alleged victims are no longer living in the situations where the incidents occurred or where the alleged perpetrators are no longer linked to the setting or in employment.
8.2 Each investigation of organised or multiple abuse will be different, according to the characteristics of each situation and the scale and complexity of the investigation. Each requires thorough planning, good inter-agency working and attention to the needs of the children involved. The guidance on investigating allegations of abuse against professionals is equally relevant to investigating organised or multiple abuse within an institution.
8.3 Once organised abuse is suspected, the Children & Young People's Service and/or the Police must be informed as soon as possible. Within the Children & Young People's Service the Deputy Head of Safeguarding must also be informed. Other agencies should not make any further enquiries.
8.4 The Police and the Children & Young People's Service will liaise and any subsequent action should be planned and co-ordinated by an inter-agency Strategic Management Group, following guidance published in "Complex Child Abuse Investigations: Inter-Agency Issues" (DoH May 2002).
8.5

The Strategic Management Group should be chaired by the police or social care, and comprise the most senior managers from the agencies involved to consider the following issues:

  • The overall scope and management of the case, including the handling of political and media issues;
  • The deployment of appropriate resources and the support of staff;
  • The need to establish a trusted joint team which can conduct the criminal investigation and child protection enquiries on an objective basis;
  • A process of strategic review to oversee the investigation and at its end, identify and act on lessons learned for policy and procedure.
8.6

A programme of Strategy Discussions should be established to agree:

  • Terms of reference and lines of accountability and communication;
  • Sharing of information, access to, and secure storage of, records;
  • Access to legal advice about the interaction of the criminal, civil and employment processes;
  • Whether there are any children involved who need active safeguarding and or therapeutic help;
  • How safeguarding and help can be achieved in a way consistent with the conduct of the criminal investigations;
  • How victims' needs will be assessed and met;
  • How support for the investigating team can be provided;
  • How the outcomes of  the investigation can be assessed and lessons learned for the future.
8.7 It is the policy of Wolverhampton Safeguarding Children Board that the needs of children will be considered individually and remain the focus of investigation even where a large group of children is involved.


9.0 Domestic Violence and Abuse

9.1

For additional information please see:

Responding to domestic abuse: a handbook for health professionals. DoH, 2005

A Vision for Services for Children and Young People affected by Domestic Violence. LGA, ADSS, Women's Aid and CAFCASS. 2006.

Related chapter

Multi-agency Risk Assessment Conference (MARAC)
9.2 Domestic violence is the effort through physical, and/or psychological abuse and intimidation to establish or maintain a position of power by one partner or former partner over another. It can include physical, sexual, emotional or economic abuse, and the threat of violence as well as actual physical violence. In the vast majority of cases domestic violence is perpetrated by a man to a woman. (Wolverhampton Domestic Violence Forum).
9.3 Prolonged and/or regular exposure to domestic violence can have a serious on a child's development and emotional well-being, despite the best efforts of the victim parent to protect the child. Domestic violence has an impact in a number of ways. It can pose a threat to an unborn child, because assaults on pregnant women frequently involve punches or kicks directed at the abdomen, risking injury to both mother and foetus.  Older children may also suffer blows during episodes of violence. Children may be greatly distressed by witnessing the physical and emotional suffering of a parent. The amendment made in section 120 of the Adoption and Children Act 2002 to the Children Act 1989 clarifies the meaning of "harm" in the Children Act, to make explicit that "harm" will include, for example, impairment suffered from seeing or hearing the ill-treatment of another. (Working together 11.87)
9.4 Both the physical assaults and psychological abuse suffered by adult victims who experience domestic violence can have a negative impact on their ability to look after their children. The negative impact of domestic violence is exacerbated when the violence is combined with drink or drug misuse; children witness the violence; children are drawn into the violence or are pressurised into concealing the assaults. Children's exposure to parental conflict, even where violence is not present, can lead to serious anxiety and distress.
9.5 Everyone working with a family where it is known that there is domestic violence, should be alert to the frequent inter-relationship between domestic violence and child protection. As well as the potential for a child to be injured during domestic violence, evidence of impairment of the child's health and development suffered as a consequence of seeing or hearing the ill treatment of another may also constitute Significant Harm. There is also evidence that adult partners who are violent are at increased risk of abusing their children. Conversely, where it is believed that a child is being abused, those involved with the child and family should be alert to the possibility of domestic violence within the family.
9.6

When considering how children can be affected by domestic violence consideration should be given to:

  • the risks to an unborn child;
  • children may be seen as triggers of, or justification for, violence;
  • children may be used as accessories in the abuse of their mother;
  • children may try to manage potentially violent situations or intervene to protect the victim and become involved in the violence;
  • women with children may find it more difficult to leave a violent relationship and therefore children are forced to remain in a hostile environment;
  • domestic violence can seriously interfere with the parent's ability to parent the child/children, which may result in the child being exposed to further abuse and neglect;
  • stress related illnesses and mental health problems.
9.7 Children who are experiencing domestic violence may benefit from a range of support and services, and some may need safeguarding from harm. Health visitors and midwives can play a key role in providing support, and need access to information shared by the police and children's social care. Safe information-sharing protocols are necessary. Sharing of information in Wolverhampton is catered for  under the ISP of the Safer Wolverhampton Partnership. Anyone encountering children living with domestic violence who may benefit from a range of support services, and/or need safeguarding from harm, should consider making a referral to the Children & Young People's Service, under the Procedures for the Management of Individual Cases. This guidance also applies where the partner being abused is under 18 years.
9.8 The Police are often the first point of contact with families in which domestic violence takes place. When responding to incidents of violence the police should find out whether there are any children living in the household. They should see any children present in the house to assess their immediate safety. There should be arrangements in place between police and children's social care, to enable the police to find out whether any such children are the subject of a Child Protection Plan. The police are already required to determine whether any court orders or injunctions are in force in respect of members of the household. The police should make an assessment and if they have specific concerns about the safety or welfare of a child, they should make a referral to children's social care. It is also important that there is clarity about whether the family is aware that a referral is to be made. All referrals should be made to the Duty and Assessment Team in the Children & Young People's Service as a child in need or as a child in need of protection, or to another agency.
9.9

The response of the Children & Young People's Service to any domestic violence referral should be discreet so as not to further endanger the adult victim or their child/ren. Any intervention should adopt the following practices:

  • Support the non-violent parent to promote the child's welfare;
  • Use the defined powers in criminal and civil law of the police and other agencies to protect the victim and any children;
  • Give priority to ensuring the immediate safety of the children;
  • Safe accommodation to be arranged both in emergency refuge and long term safe housing;
  • Direct questions to be asked concerning the frequency, nature and extent of domestic violence incidents;
  • Separate work to be done with perpetrator, non violent parent and children where the threat of violence prevents a parent and/or child from speaking freely and participating without fear of retribution;
  • Information and advice to be given about legal rights, protection and support services so that carers can be empowered to make safe choices for themselves and their children;
  • Provision of financial and practical support which may need to continue when the woman has moved into independent accommodation;
  • Safe and confidential means of communication to be established;
  • Establish links, where appropriate, with Adult Services;
  • Safe working practices to be in place for all practitioners.
9.10 It is important to include in assessments agreed arrangements for contact between children and the non-resident parent.
9.11

Working Together to Safeguard Children states

'Normally, one serious incident or several lesser incidents of domestic violence where there is a child in the household would indicate that the Children's Services department should carry out an Initial Assessment of the child and family including consulting existing records'.
9.12 This is particularly significant when considering that nearly 75% of children in need of a child protection plan live in households where domestic violence occurs (DOH 2002)
9.13 Police will share with Social Care and Health all WC392DA forms completed by officers attending domestic incidents, where there are children under the age of 18 years resident in the household, or the victim is pregnant.
9.14 These will be delivered in accordance with the Government Protected Marking Scheme to the respective organisations.


10.0 Multi-agency Risk Assessment Conference (MARAC)

10.1 MARAC is the forum for sharing information on victims, suspects and children affected by domestic violence where the victim is categorised as 'very high risk'.
10.2 The purpose of the forum is to assess the information, allow informed decision-making and agree actions for all partner agencies, which are aimed at reducing the level of risk to the victim, children and any other vulnerable person.
10.3 Key to achieving this is that those attending MARAC should have the authority within their agencies to prioritise the actions that arise, and to be able to make an immediate commitment of resources to those actions.
10.4 Details of those to be discussed at MARAC will be circulated by Police prior to the meeting.  Partners are expected to fully research those to be discussed prior to the meeting.
10.5 Any actions from the meeting must be resulted within the two-week period before the next meeting.
10.6 The agencies represented are Police, Health, Social Care, Education, Addiction Services, Probation, Housing, Mental Health, and the independent domestic violence advocates.
10.7 Any agency can present a case at MARAC so long as the victim can be categorised as 'very high risk'.
10.8 The level of risk is evaluated following completion of the risk indicator.


11.0 Parental Mental Illness

11.1 Mental illness in a parent/carer does not necessarily have an adverse impact on a child, but it is essential always to assess its implications for any children involved in the family.
11.2

Factors to take into consideration when assessing the impact on the child of a parent/carer with mental health problems are:

  • Parents/carers may neglect their own physical, emotional and social needs reducing their capacity to parent the child;
  • Parents/carers may neglect the child's physical, emotional and social needs resulting in a risk of neglect or emotional abuse of the child;
  • Post natal depression can result in behavioural and physiological problems for the baby;
  • Some forms of mental illness may blunt the parent/carer's emotions and feelings or may cause them to behave in bizarre/violent ways towards their children or their environment. In extreme circumstances a child may be at risk of profound neglect, severe injury or even death. A study of 100 child deaths where abuse or neglect has been a factor showed that mental illness in the parent was a factor in 33% of the cases;
  • A significant history of violence is a risk indicator for the child;
  • Parent/carer's non compliance with services and treatment is a risk indicator for the child;
  • There may be other problems within the family which will increase the risk for the child;
  • Children may feature in parent/carer's delusions placing them at risk of  Significant Harm;
  • Children may be built into parent/carer's suicide plans
  • There may be protective factors within the family such as another parent/carer or another family member/friend who will safeguard the child;
  • The illness may be short lived or mild with no risk for the child.
11.3 When a parent/carer has any form of illness, the child may take on caring responsibilities for the adult which are inappropriate for their age and which may impact adversely on their development. (MIND Factsheet - Children and Young People and Mental Health 2003)
11.4 Counterbalancing risk factors are protective factors. Where the other parent/carer or family member can help, or where the problems are mild, or short lived, and where there is no other family disharmony, the adverse effects on the children will be less likely.
11.5 The needs of all children within the family must be addressed within the assessment of a parent/carer with mental health problems. If the assessment by the mental health practitioner establishes there are concerns for any child in the family, a referral should be made to the Children & Young People's Service and any subsequent assessment and planning should proceed jointly


12.0 Parental Learning Disability

12.1 A parent with a learning disability should not be assumed to be unable to care for a child. However they may be poorly prepared for parenthood and may lack the understanding, resources, skills and experience to meet the needs of a child. Children of parents with learning disabilities are also at increased risk of inherited learning disability and are vulnerable to psychiatric disorders and behavioural problems, thus increasing the stresses within the household.
12.2

Risks to children with parents with learning disability arise from:

  • The child assuming a caring responsibility for the parent;
  • Impairment of their health and development through impaired parenting capacity;
  • Men targeting a mother with learning disabilities to gain access to the child for the purpose of sexually abusing them.
12.3 Unless a parent with a learning disability has a comprehensive support network it is likely they will need support from the Children & Young People's Service and other agencies, including Adult Services.
12.4 A Core Assessment undertaken by the Children & Young People's Service should include assessments by specialist services able to provide the supports necessary for the adults in the family as well as the children.


13.0 Parental Substance Misuse

13.1 Misuse of drugs, alcohol or other substances (substance misuse) is not of itself a cause of poor parenting. To subject all children who are in contact with such misuse to child protection procedures could be counter productive in providing effective help and protection for those in need as it may discourage people from seeking help for their perceived substance misuse problem thus increasing the risk to children.
13.2 However, substance misuse is associated with Significant Harm to children, especially when combined with other features such as domestic violence and general offending behaviour. Problematic parental drug use is characterised by the use of multiple drugs, often by injection, and is strongly associated with economic deprivation and other factors that affect parenting capacity.
13.3

The risk to a child may arise from:

  • Parent/carer being involved in criminal activities;
  • Use of the family resources to finance the parents' dependency, characterised by inadequate food, heat and clothing for the children;
  • Exposing children to unsuitable care givers or visitors - e.g. customers or dealers;
  • Inadequate accommodation and frequent changes in residence;
  • Interrupted education;
  • Effects of alcohol and drugs which may lead to disinhibited behaviours |e.g. inappropriate display of sexual and/or aggressive behaviour leading to risk of injury;
  • Chaotic drug use which may lead to increased irritability leading to emotional distress;
  • Emotional unavailability, irrational behaviour and reduced parental vigilance and supervision;
  • Practical caring skills of the parent diminishing leading to neglect of the child;
  • Withdrawal symptoms including mood disturbances;
  • Unsafe storage of drugs or injecting equipment;
  • Adverse impact of growth and development of an unborn baby;
  • Child being a passenger in a car driven by a parent/carer under the influence of drugs or alcohol.
13.4 Where children are in contact with problematic substance misuse, or where either parent is misusing substances in a manner detrimental to the child's welfare or the development of an unborn baby, instituting safeguarding procedures should be considered.
13.5

Where any person has information that an unborn baby or a child:

  • Is under the care or control of a person involved in the use of controlled substances or other pharmaceutical substances which may have harmful effects; or
  • In respect of a child or children, under the care of a person who associates with other person(s) involved in the misuse of controlled substances, or the irresponsible use of other pharmaceutical substances which may have a harmful effect; and the child may be suffering or be likely to suffer Significant Harm, that person should inform the Children & Young People's Service to enable an initial assessment to be conducted and, if indicated, Section 47 enquiries to be considered in respect of that child.
13.6 Where the concerns are for the welfare of an unborn child, any referral to the Children & Young People's Service should be made before 28 weeks gestation. If there is no assessed need to initiate safeguarding procedures, a multi-disciplinary child in need meeting should be convened to establish a child in need plan at the earliest opportunity which involves all appropriate agencies.


14.0 Adults who Pose a Risk to Children

14.1

See also Appendix 14, Wolverhampton Protocol for Adults Identified as Posing a Risk or Potential Risk to Children

Related chapter

Multi-agency Risk Assessment Conference (MARAC)
14.2 The term 'Schedule One Offender' has been replaced with the term 'Risk to Children'. This is because conviction of an offence does not automatically identify a person who may be a risk to children. The new list of offences (Ref: Appendix 15, List of Offences) should be used as a reference tool only. Further assessment and the use of professional judgement would be required to determine if an offender presented a continuing risk of harm to children.
14.3 The conclusion that an individual poses a 'Risk to Children' should be based on all available information including that provided by relevant agencies, such as assessments of risk made by Probation, Police, Health, whether individually or via the Multi-Agency Public Protection Arrangements (MAPPA).
14.4

Not all convicted/cautioned individuals will pose a risk to children. Also there will be cases where a person without a conviction may pose a risk to children. Adults who may pose a risk to children include:

  • Those found guilty of a sexual offence or one of violence, listed under Schedule 1 of the Children and Young Persons Act 1933;
  • Individuals known to have been cautioned / warned / reprimanded in relation to an offence against children;
  • Those included in the Sex Offenders' Register who are seen to represent a threat to children;
  • Individuals against whom there is a previous finding in civil proceedings e.g. Sex Offender Order or care proceedings;
  • Those about whom there has been a previous s.47 enquiry which came to the conclusion that there had been abuse;
  • An individual who has admitted past abuse of a child;
  • Others whose past or present behaviour gives rise to a reason to suspect that a child may be at risk of Significant Harm e.g. a history of domestic abuse and other serious assaults;
  • Offenders against adults who are notified to the local authority, because the Prison or Probation Services are concerned about the possible risk to children;
  • Offenders who come to the attention of the MAPPA.
14.5 Whenever a child is resident or having unsupervised contact with one of the above, they may be at risk of Significant Harm and the procedures for the management of individual cases will apply.
14.6 In particular, the Police and Probation Services should notify the Children & Young People's Service whenever an alleged perpetrator of a sexual or violent offence against a child is to be bailed to an address where children are living. Similarly, the Probation Service should notify the Children & Young People's Service whenever a person convicted of such an offence is resident in a household with children.
14.7 Prison governors are required to consult and notify the local Children & Young People's Service and the Probation Service of the release of prisoners convicted, either previously or currently, of offences against children or young persons under the age of 18.
14.8 The Safeguarding Children Support Service maintains a Dangerous Adults database. This should be consulted in any assessments where there is concern that an adult may pose a risk to a child.


15.0 Multi-agency Public Protection Arrangements

15.1 Multi Agency Public Protection Arrangements (MAPPA) provide the statutory framework for inter-agency co-operation in assessing and managing the risk posed by serious sexual and violent offenders. Under the arrangements, Police, Probation and Prisons, supported by additional agencies including housing, health, education and social care services combine forces to manage the risk to the public posed by dangerous offenders.
15.2

Agencies dealing with offenders have a duty to assess and manage the risk presented by offenders. In particular, the following categories of offenders must be considered through Multi Agency Public Protection Arrangements:

  • Category 1: Registered sex offenders;
  • Category 2: Those sentenced to 12 months or more custody for a violent or sexual offence;
  • Category 3: Any other offender who, because of the offences committed by them, are considered to pose a serious risk of harm to the public.
15.3 In certain circumstances individuals who are strongly suspected to have committed serious offences, but have not been convicted, may be considered.
15.4

Practitioners, through rigorous risk assessment on an individual case basis, will refer offenders to the MAPPA process. Risk levels may be defined as:

  • Low: No significant current indicators of risk or harm;
  • Medium: There are identifiable indicators of risk of harm - the offender has the potential to cause harm but is unlikely to do so unless there is a change in circumstances e.g. substance misuse, failure to take medication etc;
  • High: There are identifiable indicators of risk of serious harm - the potential event could happen at any time and the impact would be serious;
  • Very High: There is an imminent risk of harm - the potential event is more likely than not to happen imminently and the impact would be serious.
15.5 Risk is categorised by reference to who may be the subject of harm. This includes children who may be vulnerable to harm of various kinds, including violent or sexual behaviour, emotional harm or neglect.
15.6 If a young person in Wolverhampton is assessed as presenting a medium, high or very high risk a 'Risk or Potential Risk of Serious Harm Notification Form' should be sent to the Deputy Head of Safeguarding for recording on a local database which will assist the Children & Young People's Service to take protective action to safeguard children. Any young person assessed as high or very high risk will also be referred to the MAPPA Youth Panel. Detailed procedures are outlined in Appendix 14: The Wolverhampton Protocol for Adults Identified as Posing a Risk or Potential Risk to Children.
15.7 Where it is suspected or known that an individual subject to the Multi Agency Public Protection Arrangements might represent a risk to a particular child or children the procedures for the Management of Individual Cases should be followed.


Process for Public Protection Panels

15.8 Public Protection Panels are chaired by a senior police officer from the respective Operational Command Unit. Two Panels are held in Wolverhampton based on the two Police Operational Command Units, and attended by key police personnel from Operational Command Unit.
15.9 Representatives of the Probation Service, the Head or Deputy Head of Safeguarding from the Children & Young People's Service and a representative from the Housing Department and Housing Associations who may provide accommodation for offenders attend each Panel. Practitioners may be invited to discuss particular individuals.
15.10 All sex offenders will be subject of an initial risk assessment conducted by the West Midland Police Sex Offenders Registration Unit. Those individuals assessed as low risk will be monitored by the Police. Those individuals assessed as high or medium risk will be discussed at Public Protection Panel.
15.11 Information obtained at the meeting is confidential to the agencies represented and can only be used for the protection of the public. Information cannot be shared outside the child protection and criminal justice system without the agreement of the Assistant Chief Constable (Crime).
15.12 Whenever it is identified that child protection action may be necessary, a referral will be made for joint investigation in accordance with Wolverhampton Safeguarding Procedures.
15.13 Minutes of the Public Protection Panels are circulated to all agencies represented. The offender/subject will not normally be informed of a Panel decision or the contents of the decision without prior agreement of the Panel.
15.14 Agencies can ask for sex offenders to be discussed at a Public Protection Panel by contacting the Joint Public Protection Unit - (Telephone number 0121 609 6954). Staff within the Children & Young People's Service can do this by contacting the Deputy Head of Safeguarding based in the Safeguarding Children Support Service.


Disclosure of Information about Sex Offenders

15.15 The Multi Agency Public Protection Arrangements are intended to protect the general community from any risk an individual might present.  Indiscriminate disclosure that an individual is a sex offender may have serious implications for that individual, and may result in public order issues. However, this needs to be balanced against the need to protect children against possible abuse. Multi Agency Public Protection Panels (MAPPP) can recommend that agencies disclose information about offenders to a number of organisations including schools and voluntary groups.
15.16

A decision to disclose information should only be made in specific circumstances and under the following procedures:

  • If agencies receive enquiries from the public about whether a specific individual is a sex offender, they should be informed that information about sex offenders is only disclosed under very specific conditions where there is thought to be a genuine risk to a child. Before any disclosure is made, it would be discussed at a Public Protection Panel where a recommendation would be made to the Assistant Chief Constable (Crime) who has the authority to make such a decision. Members of the public can be told that any information they provide will be investigated under the Safeguarding Children Procedures;
  • Where information is received that a child/ren may be exposed to contact with a sex offender where the level of risk has not been assessed, this should be investigated under Safeguarding Children Procedures. This will result in a Strategy Discussion, at which a decision will need to be taken about whether information about the sex offender should be shared with the parent(s) of the child/ren. The normal presumption should be made that a parent should be provided with this information, unless there are good reasons not to, as they have a right to protect their child/ren. If any agencies raise objections at the Strategy Discussion to this information being shared with the parent, it should be discussed at a Public Protection Panel; and the
  • Process described in the previous paragraph should be followed.


16.0 Sexually Active Children and Young People

16.1 Where sexual activity involving children and young people below the age of legal consent (16 years) comes to the attention of agencies, it will not necessarily be appropriate to initiate the safeguarding procedures. The age at which young people become sexually active has declined markedly in the past 50 years. Today, approximately 30% of young men and 26% of young women report having sexual intercourse before their 16th birthday. Sexual activity other than intercourse begins earlier, with young women reporting their first sexual experience at 14 years and young men at 13.
16.2

However, in some circumstances, such sexual activity may trigger a referral to the Children & Young People's Service or the Police. These include situations where:

  • There appears to be an imbalance in the age or relative power of the participants'
  • There is reason to believe that the child or young person's consent was secured by bribery, coercion or overt aggression'
  • Attempts to secure secrecy have been made by the suspected abusive sexual partner, beyond what would be considered normal in a teenage relationship'
  • The activity involved a breach of a position of trust'
  • The child or young person was disinhibited as a consequence of substance misuse'
  • The participants are blood-related'
  • There is reason to suspect that the father of the expected child is the natural father or carer of the expectant mother; and/or
  • The (expectant) mother expresses concerns over the safety of siblings, even though the concerns might not be explicit.
16.3 In cases of doubt, the matter should be discussed with the Duty and Assessment Team to determine whether Significant Harm has occurred or is likely to occur.
16.4 There must be a Strategy Discussion in most cases where the Police or the Children & Young People's Service believe that an offence may have been committed against the child or young person. However an exception to this may be where at least one partner in a sexual relationship is under the age of consent, but there is close proximity of age and understanding and there are no indicators that the relationship is anything other than consensual.
16.5 The fact that a female under the age of consent becomes pregnant does not automatically trigger safeguarding procedures. The rights of a young mother to confidentiality and to have access to abortion counselling must be borne in mind. Where the pregnancy is as a result of intercourse between consenting young people who were both under the age of legal consent, safeguarding procedures will not apply unless there are other matters of concern.
16.6 Any decision made by the Children & Young People's Service not to convene a Strategy Discussion must be made by a team manager and the decision and its rationale recorded.
16.7 Where circumstances suggest that safeguarding procedures should be initiated, the question of confidentiality cannot override this requirement. In these cases, the young person should be given a full explanation of why it is necessary to deal with the matter under the safeguarding procedures,  e.g., if a young female was pregnant to her own father or stepfather, not only would he have committed a serious criminal offence, but other children may still be at risk of Sexual Abuse.
16.8 Detailed guidance is given in Appendix 13: Working with Sexually Active Young People under the age of 18 Protocol.


17.0 Sexually Exploited Children and Young People

This section has been updated to include a link to Out of Mind, Out of Sight: Breaking down the barriers to understanding child sexual exploitation, CEOP, 2011.

17.1 The multi-agency response to children involved in prostitution, pornography or any other form of commercial sexual exploitation, is governed by Working Together to Safeguard Children and its supplementary guidance Safeguarding Children and Young People from Sexual Exploitation
17.2 Children involved in any form of sexual exploitation should be treated primarily as the victims of abuse and their needs carefully assessed; the aim should be to protect them from further harm and they should not be treated as criminals. The primary law enforcement response should be directed at perpetrators who groom children for sexual exploitation.
17.3

The government guidance requires agencies to work together to:

  • Develop local prevention strategies;
  • Identify those at risk of sexual exploitation;
  • Take action to safeguard and promote the welfare of particular children and young people who may be sexually exploited; and
  • Take action against those intent on abusing and exploiting children and young people in this way.
17.4

In doing so, the key principles should be:

  • A child-centred approach. Action should be focussed on the child's needs, including consideration of children with particular needs or sensitivities, and the fact that children do not always acknowledge what may be an exploitative or abusive situation;
  • A proactive approach. This should be focussed on prevention, early identification and intervention as well as disrupting activity and prosecuting perpetrators;
  • Parenting, family life, and services. Taking account of family circumstances in deciding how best to safeguard and promote the welfare of children and young people;
  • The rights of children and young people. Children and young people are entitled to be safeguarded from sexual exploitation just as agencies have duties in respect of safeguarding and promoting welfare;
  • Responsibility for criminal acts. Sexual exploitation of children and young people should not be regarded as criminal behaviour on the part of the child or young person, but as child sexual abuse. The responsibility for the sexual exploitation of children lies with the abuser and the focus of police investigations should be on those who coerce, exploit and abuse children and young people;
  • An integrated approach. Working Together to Safeguard Children sets out a tiered approach to safeguarding: universal, targeted and responsive. Within this, sexual exploitation requires a three-pronged approach tackling prevention, protection and prosecution;
  • A shared responsibility. The need for effective joint working between different agencies and professionals underpinned by a strong commitment from managers, a shared understanding of the problem of sexual exploitation and effective coordination by the Local Safeguarding Children Board.
17.5

There  should be a dedicated lead person in each partner organisation with responsibility for implementing the government guidance. All organisations that provide services for, or work with children, need to have arrangements in place which fulfil their commitment to safeguard and promote the welfare of children by ensuring that:

  • Safeguarding training and refresher training includes an awareness of sexual exploitation, how to identify the warning signs, together with the recording and retention of information and gathering evidence;
  • Their policies for safeguarding and promoting the welfare of children and young people are compatible with the LSCB policies and procedures;
  • Information sharing protocols are in place and working well so that relevant information is shared where this is in the best interest of the child.
17.6 The specific roles and responsibilities of individual agencies in implementing the government guidance are set out in Chapter 4 of the guidance.
17.7 The guidance applies to all those aged under 18 years. The majority of children do not willingly become involved in commercial sexual exploitation. There may be some circumstances where criminal justice action is required against a young person, but this should be considered only when all multi-agency efforts to divert a young person from prostitution or any other form of commercial sexual exploitation have been exhausted. While the decision on whether to initiate criminal justice action is for the police and Crown Prosecution Service, the same multi agency approach to the safeguarding of the child should be adopted for cases of sexual exploitation as for other forms of child abuse.
17.8 The Sexual Offences Act 2003 extends previous legislation governing sexual offences against children and encompasses more recent concerns, such as "grooming" and internet pornography. Detailed guidance concerning the response to the use of the internet in the sexual exploitation of children is given in Appendix 19, Victim Enquiry Unit
17.9 Research evidence indicates that children who go missing, especially those who go missing from foster or residential care, are particularly vulnerable to commercial sexual exploitation. See also Missing Children and Families. Some young people may also be introduced to prostitution and other forms of sexual exploitation by parents or older siblings.
17.10 Young people involved in prostitution may be difficult to reach and be under a lot of pressure to remain in prostitution. Prostitution creates significant health and safety risks for the young person. It is a high-risk occupation and those involved are often at risk of violence from their clients and pimps. There are also links between prostitution and drug misuse, with associated risks to the health of the young person and their clients. Studies have shown that approximately 1 in 4 young prostitutes are male.
17.11 Initial approaches to young people involved in prostitution may best come from outreach workers and health workers who are well placed to gain the young person's trust.
17.12 Anyone, including any police officer, believing a child to be involved in commercial sexual exploitation should follow the Procedures for the Management of Individual Cases.
17.13 On receiving a referral, the Children & Young People's Service will conduct an Initial Assessment. Where is appears that the Significant Harm threshold may be met and/or a criminal offence committed against the child, the Children & Young People's Service will initiate a Strategy Discussion. The tasks of that Strategy Discussion will include planning any enquiry and organising the multi agency plan to divert the child from prostitution or any other form of sexual exploitation. However, as with all other individual cases, this should not delay any essential emergency action to safeguard the child.
17.14 Children involved in commercial sexual exploitation may be subject to coercion and intimidation. Providing appropriate support and protection to potential child witnesses will be an essential element of any investigation.
17.15 Occasionally the commercial sexual exploitation of children may have features of Organised Abuse, in which case the guidance governing such abuse must be considered.


18.0 Missing Children and Families

18.1 For further information, see Statutory Guidance on Children who Run Away and Go Missing from Home or Care.
18.2 Children who are missing from home may be at risk of harm as a consequence of their need for food and shelter or from the people with whom they come into contact. Risks can include physical harm, sexual exploitation, particularly prostitution, drug abuse, and involvement in a range of other criminal activities. These risks apply whether the child is missing from their own family home or where children become missing while they are looked after by the local authority. The primary consideration is the welfare of the child and their safe recovery.
18.3 If a Looked After child goes missing from a placement, the local procedures for Looked After children who go missing should be followed. Consideration should always be given to the possibility that the child has gone missing because of abuse within their placement or because of other child protection concerns. Interviews with the child following their recovery should explore this possibility.
18.4 Professionals should bear in mind when working with children and families where there are outstanding child protection concerns (including concerns about an unborn child) that a series of missed appointments or abortive home visits may indicate that the family has suddenly and unexpectedly moved out of the area.
18.5 Equally, gaps in normally continuous records should be questioned when families move into an area. It is particularly important to identify the location and circumstances of all the children who are members of the family.
18.6 Any agency concerned that a child is at risk of Significant Harm and their whereabouts are unknown should make a referral to the Children & Young People's Service under the Procedures for the Management of Individual Cases and to the Police.
18.7 Particular consideration needs to be given to appropriate legal interventions where it appears that a child for whom there are outstanding child protection concerns may be removed from the UK by his/her family in order to evade the involvement of agencies with safeguarding responsibilities.
18.8 In the case of children taken overseas contact should be made with the Consular Directorate at the Foreign and Commonwealth Office (Tel: 02070 081500) who may be able to follow up a case through their consular posts in the country concerned.
18.9

Some children may go missing from education because:

  • They fail to start provision and therefore never enter the system;
  • They cease to attend because of exclusion or withdrawal;
  • They fail to complete a transition between providers.
18.10 Anyone in contact with a child who they know or suspect is not receiving an education should contact the Child Missing Education (CME) contact point in the Children & Young People's Service.


19.0 Children who Self Harm

19.1 Self harm (including eating disorders), suicide threats and gestures by a child must always be taken seriously as they may be indicative of a serious mental or emotional disturbance or of abuse or neglect.
19.2 Whenever a child or young person is known to have either made a suicide attempt or been involved in self harming behaviour, consideration should be given to making a referral to the Children & Young People's Service as a Child In Need.
19.3 The discharge of any child or young person who has been admitted to hospital as a result of self-harming behaviour must involve co-ordinated planning with community services, including the Children & Young People's Service and the Child and Adolescent Mental Health Team. Where the child or their parent insist on their discharge prior to this, and it appears that the child or young person may be at risk of  Significant Harm if discharged, consideration should be given to instituting the Procedures for the Management of Individual Cases.


20.0 Induced or Fabricated Illness

This section has been amended to take account of the DSCF 2008 document 'Safeguarding Children in Whom Illness is Fabricated or Induced'.

The main changes as a result of the 2008 government guidance are:

  • The emphasis on medical evaluation of the concerns;
  • The requirement to report any concerns to the child's GP who will refer the child to a paediatric consultant at an early stage;
  • The paediatric consultant is the lead health professional and therefore has lead responsibility for all decisions pertaining to the child's health care;
  • Any decision to use Covert Video Surveillance to be a multi agency decision at a Strategy Discussion/Meeting.

The Royal College of Paediatricians and Child Health's report 'Fabricated or Induced Illness by Carers: A Practical Guide for Paediatricians ' (revised 2009) which can be found at the Royal College of Paediatrics and Child Health website provides more in-depth information for professionals, particularly those in health, describing the role of paediatricians and other healthcare professionals recommending how they should work with professionals from other agencies.


20.1

There are three main ways of fabricating or inducing illness in a child:

  • Fabrication of signs and symptoms. This may include fabrication of past medical history;
  • Fabrication of signs and symptoms and falsification of hospital charts and records and specimens of bodily fluids. This may also include fabrication of letters and documents;
  • Induction of illness by a variety of means.
20.2

The following is a list of behaviours, exhibited by carers, which can be associated with fabricating or inducing illness in a child:

  • deliberately inducing symptoms in children by administering medication or other substances, or by means of intentional suffocation;
  • interfering with treatments by over dosing, not administering them or interfering with medical equipment such as infusion lines;
  • claiming the child has symptoms which are unverifiable unless observed directly, such as pain, frequency of passing urine, vomiting, or fits. These claims result in unnecessary investigations and treatments which may cause secondary physical problems;
  • exaggerating symptoms, causing professionals to undertake investigations and treatments which may be invasive, are unnecessary and therefore are harmful and possibly dangerous;
  • obtaining specialist treatments or equipment for children who do not require them;
  • alleging psychological illness in a child.
20.3 The majority of cases of fabricated or induced illness in children are confirmed in a hospital setting because either medical findings or their absence provide evidence of this type of abuse.
20.4

Child welfare concerns may arise when:

  • Reported symptoms and signs found on examination are not explained by any medical condition from which the child may be suffering;
  • Results of medical investigations do not explain reported symptoms and signs;
  • There is an inexplicably poor response to prescribed medication and other treatment;
  • New symptoms are reported on resolution of previous ones;
  • Reported symptoms are not found in the absence of the carer;
  • The child is repeatedly presented with a range of signs and symptoms over a period of time;
  • The child's daily life activities are being curtailed beyond that which might be expected for any medical disorder from which the child is known to suffer.

The reasons for these situations may prove difficult to elucidate and professionals should be open to all possible explanations.
20.5 Concerns may be raised by professionals other than medical clinicians, such as nurses, teachers or social workers who are working with the child. For example, in a school or nursery setting the staff may not observe any fits in a child who is described by a parent to be having frequent fits during the day whilst in their care.
20.6 In addition, professionals working with the child's parents may be being given information by the parent about the child or observe the child directly and note discrepancies between what they are told about the child's health and development and what they see themselves.
20.7 Where there are concerns about possible fabricated or induced illness, the signs and symptoms require careful medical evaluation for a range of possible diagnoses by a paediatrician.
20.8 If no paediatrician is already involved, the child's GP should make a referral to a paediatrician.
20.9 Where, following a set of medical tests being completed, a reason cannot be found for the reported or observed signs and symptoms of illness, further specialist advice and tests may be required.
20.10 Normally the consultant paediatrician will tell the parent(s) that they do not have an explanation for the signs and symptoms.
20.11 Parents should be kept informed of further medical assessments/ investigations/tests required and of the findings but at no time should concerns about the reasons for the child's signs and symptoms be shared with parents if this information would jeopardise the child's safety and compromise the child protection process and/or any criminal investigation.
20.12 All professionals should seek guidance from the Designated Health Professional before discussing any concerns with the family.
20.13 When a possible explanation for the symptoms suffered by a child is that they may have been fabricated or induced by a carer and as a consequence the child's health or development is or is likely to be impaired a referral should be made to the Children & Young People's Service under the Procedures for the Management of Individual Cases.
20.14 Parents should not initially be informed of a referral to the Children & Young People's Service in these circumstances. Decisions about what the parents will be told, by whom and when must be made in agreement with the agencies involved  following a Strategy Discussion held under these procedures.
20.15

From the point of the referral, all professionals involved with the child should work together as follows:

  • Lead responsibility for action to safeguard and promote the child's welfare lies with Children's Social Care Services;
  • Any suspected case of fabricated or induced illness may involve the commission of a crime and therefore the police should always be involved;
  • The paediatric consultant is the lead health professional and therefore has lead responsibility for all decisions pertaining to the child's health care.

In cases where the police obtain evidence that a criminal offence has been committed by the parent or carer, and a prosecution is contemplated, it is important that the suspect's rights are protected by adherence to the Police and Criminal Evidence Act 1984.
20.16 The Strategy Discussion should include the Children & Young People's Service, the Police, the medical consultant responsible for the child's health and, if the child is an in-patient, a senior ward nurse. It is also important to consider seeking advice from, or having present, a medical professional who has expertise in the branch of medicine, for example respiratory, gastroenterology, neurology or renal, which deals with the symptoms and illness processes caused by the suspected abuse. This would enable the medical information to be presented and evaluated from a sound evidence base.
20.17 Professionals involved with the child such as the GP, Health Visitor and staff from education settings should also be involved as appropriate. The investigative team must ensure that all involved professionals are made aware of the importance of confidentiality in keeping the child safe. At no time should concerns about reasons for child's signs and symptoms be shared with the parents if this information would jeopardise the child's safety.
20.18

Decisions should be made at the Strategy Discussion about:-

  • Whether the child requires constant professional observation and, if so, whether or when the carer(s) should be present;
  • Further paediatric assessment;
  • Any particular factors, such as the child and family's race, ethnicity and language which should be taken into account;
  • Any particular factors that should be taken into account if the child is disabled;
  • The needs of siblings and other children with whom the alleged perpetrator has contact;
  • The nature and timing of any police investigations, including the analysis of samples. This is particularly pertinent if convert video surveillance is being considered.
20.19 Legal advice about how to proceed should always be sought and made directly available to doctors who are responsible for making clinical decisions in these cases. Such advice should be documented in medical and Children & Young People's Service records.


Use of Covert Video Surveillance

This section was updated in December 2011, to include reference to the Specialist Operations Centre, Covert Advice Team.
20.20 Any decision to use Covert Video Surveillance must  be a multi agency decision at a Strategy Discussion/Meeting
20.21 Conventional methods of gathering evidence must first be tried or be deemed to be impractical before a decision is taken to use covert or technical equipment.
20.22 The use of covert video surveillance is governed by the Regulation of Investigatory Powers Act 2000. The use of covert video surveillance should be controlled by the police and accountability for it held by a police manager. The police should supply and install any equipment, and be responsible for the security of and archiving of the video tapes. Any such technical devices supplied and used by the police to gather evidence will require the authority of an Assistant Chief Constable.  Police Officers planning surveillance in cases of suspected fabricated or induced illness may seek advice from the Specialist Operations Centre, Covert Advice Team, Telephone 0845 000 5463, soc@npia.pnn.police.uk
20.23 If covert video surveillance is considered to be appropriate, consideration will be given to where this surveillance should take place. If it is conducted outside Wolverhampton the child will be transferred to the other hospital. Parents will be told that their child needs transfer to a specialist unit for further investigation.
20.24 If significant episodes of harm to the child are documented, the Children & Young People's Service will seek an Emergency Protection Order for the child and police will take any necessary action against the carer.


21.0 Bullying

21.1 For additional guidance see the Safe from Bullying suite of guidance, which can be found at the Department for Education website
21.2 Bullying may be defined as deliberately hurtful behaviour usually repeated over a period of  physical, verbal and emotional. Bullying can cause considerable distress to children, to the extent that it can affect their health and development and/or cause them Significant Harm (including self harm.) All settings in which children are provided with services, including living away from home, should adopt rigorous anti-bullying strategies.


22.0 Racism

22.1 Children and families from black and ethnic minority groups may have experienced harassment, racial discrimination and institutional racism. Although racism causes Significant Harm, it is not in itself a category of abuse.
22.2 The experience of racism is likely to affect the responses of a child and family to assessment and enquiry processes. Failure to consider the effects of racism will undermine efforts to protect children from other forms of significant harm.
22.3 The effects of racism differ for different communities and individuals, and should not be assumed to be uniform.
22.4 The specific needs of children of mixed parentage and refugee children should be given attention. In particular the need for neutral, high quality, gender appropriate translation or interpretation services should be taken into account when working with children and families whose first language is not English.


23.0 Female Genital Mutilation

RELATED GUIDANCE

Multi-Agency Practice Guidelines: Female Genital Mutilation. This link was added in December 2011.


23.1 Female genital mutilation is a collective term for procedures which include the removal of part or all of the external female genitalia for cultural or non-therapeutic reasons. It is typically performed on girls between 4 and 13 years although it may also be performed on new born babies and young women before marriage or pregnancy.
23.2 Female genital mutilation  has been a criminal offence in the U.K. since the Prohibition of Female Circumcision Act 1985 was passed. The Female Genital Mutilation Act 2003 replaced the 1985 Act and makes it an offence for the first time for UK nationals or permanent UK residents to carry out FGM abroad, or to aid, abet, counsel or procure the carrying out of FGM abroad, even in countries where the practice is legal.
23.3

Suspicions about possible female genital mutilation may arise as a consequence of:

  • The family belonging to a community in which female genital mutilation is practiced and are making arrangements for the girl to take a holiday;
  • The family arranging vaccinations;
  • The family planning for the girl to be absent from school;
  • The girl talking about a 'special procedure' taking place;
  • Prolonged absence from school with noticeable behaviour change on return;
  • Long periods away from classes or other activities with bladder or menstrual problems;
  • Family history of female genital mutilation.
23.4 Anyone knowing or suspecting that a girl is to be, or has been, subjected to this procedure should follow the Procedures for the Management of Individual Cases. Where a girl appears to be in imminent danger of mutilation, consideration should be given to obtaining a Prohibited Steps Order.
23.5 In responding to cases of female genital mutilation, a key consideration will be that the parent genuinely believes the procedure to be in the child's best interests and does not intend it as an act of abuse.


24.0 Forced Marriage

This chapter was updated in April 2012 in relation to forced marriage and learning disabilities, as referenced in related guidance below.

RELATED GUIDANCE

This section takes account of the following government guidance:

Further advice can be sought from the Forced Marriage Unit in the Foreign and Commonwealth Office - see National Contact Details.

24.1 A 'forced' marriage (as distinct from a consensual "arranged" one) is defined as one, which is conducted without the valid consent of at least one of the parties and where duress is a factor. Duress cannot be justified on religious or cultural grounds.
24.2 Forced marriage is primarily, but not exclusively, an offence of violence against women. Most cases involve young women between 13 and 30, although evidence suggests as many as 15% of victims are male.
24.3 Forced marriages of children must, in so far as it is likely to cause Significant Harm and may involve non-consensual and/or underage sex, be regarded as a child protection issue.
24.4 Cases may present with a variety of problems such as truancy, a young person reported missing or episodes of self harm. Professionals need to be sensitive to the fact that these presenting problems could mean that a forced marriage is an underlying issue. Professionals also need to be aware that young people living within a forced marriage, or under threat of one, may face Significant Harm if their families become aware that they have sought assistance from outside the family.
24.5 Any agency becoming aware that a child is to be forced into marriage should make a referral to the Children & Young People's Service, under the Procedures for the Management of Individual Cases.
24.6

The Children & Young People's Service will:

  • Undertake an initial assessment, paying due regard to the possibility that a child's family may seek to pre-empt events by taking the child abroad. If that risk is acute, e.g. a child is about to be removed from the U.K., the Children & Young People's Service will initiate a strategy discussion;
  • Contact the Forced Marriage Unit (Foreign and Commonwealth Office website/Tel: 020 7008 0151) where experienced caseworkers will be able to offer support and guidance.
24.7 In all such cases, the Children & Young People's Service must seek legal advice concerning the most appropriate intervention.
24.8 The Forced Marriage (Civil Protection) Act 2007, which was implemented in November 2008, makes provision for protecting children, young people and adults from being forced into marriage without their full and free consent (through Forced Marriage Protection Orders).
24.9 Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order. Such an order can be granted to prevent a marriage occurring or, where a forced marriage has already taken place, to offer protective measures. Orders may contain prohibitions (e.g. to stop someone from being taken abroad), restrictions (e.g. to hand over all passports and birth certificates and not to apply for a new passport), requirements (e.g. to reveal the whereabouts of a person or to enable a person to return to the UK within a given timescale) or such other terms as the court thinks appropriate to stop or change the conduct of those who would force the victim into marriage. A power of arrest may be added where violence is threatened. Breaches of such orders are not criminal offences but will be dealt with as contempt of court and the court will have a full range of sanctions, including imprisonment.
24.10 Third parties such as relatives, friends, voluntary workers and police officers can apply for a protection order with the leave of the Court. Since 1 November 2009, local authorities can apply for a protection order for a vulnerable adult or child without the leave of the court.
24.11 For further advice and information about how to make such an application, see the guidance for local authorities on applying for Forced Marriage Protection Orders, published by the Ministry of Justice in November 2009.


25.0 Honour Crimes

RELATED CHAPTER

Se also Forced Marriage

25.1 'Honour crimes' include forced marriage, abduction and homicide. These crimes now come under the definition of domestic violence as a result of the government's definition of domestic violence being extended to include acts perpetrated by extended family members as well as intimate partners. 
25.2 Although there is no specific offence of 'forcing someone to marry' criminal offences may nevertheless be committed. Perpetrators - usually parents or extended family - could be prosecuted for offences including threatening behaviour, assault, kidnap, abduction, imprisonment and murder.
25.3 Professionals involved with cases of forced marriage should bear in mind that the response of mediation can be extremely dangerous. Refusal to go through with a forced marriage has been linked in the past to murder of the non-consenting, usually female, person and young people have been murdered while mediation is ongoing. The victim should always be interviewed on their own and consideration given to the need for immediate protection and placement away from the family. Never allow the young person to have unsupervised contact with their family even if they request it.

 
26.0 Possession and Witchcraft

For additional reading, see

Research Report RR750 by Eleanor Stobart: Child Abuse Linked to Accusations of "Possession and Witchcraft", published in 2010 and the government guidance document 'Safeguarding Children from Abuse Linked to a Belief in Spirit Possession'.


26.1 The belief in 'possession' and 'witchcraft' is widespread although the number of known child abuse cases linked to accusations of 'possession' or 'witchcraft' is small. In 'possession' cases the parent/carer views the child as 'different', attributes this to the child being 'possessed' and attempts to exorcise the child. The attempt to exorcise may involve beating, burning, starvation, cutting/stabbing and/or isolation within the household. In 'witchcraft' cases there may also be an element of belief in 'possession' but there may also be an element of the adult gaining some advantage through the ritualistic abuse of the child which may even result in the death of the child.
26.2 Anyone suspecting that a child may be being perceived as 'possessed' or being used in 'witchcraft' should follow the Procedures for the Management of Individual Cases.


27.0 Migrant Children

In January 2012, the UK Border Agency wrote to all chief executives of local authorities in relation to data sharing between the UK Border Agency and local authorities. The letter refers to the establishment of the new Independent Family Returns Panel for the purpose of providing expert advice to the UK Border Agency on the method of removal from the UK. As part of this, the Panel may request information in order that any return plan for a particular family has taken into account any information held by other agencies that relates to safeguarding, welfare or child protection. In particular a social worker or manager from Children's Social Care may be invited to contribute to the Panel.

Unaccompanied Asylum Seeking Children

27.1 An unaccompanied asylum seeking child is an asylum seeking child under 18 years who is not living with their parent, relative or guardian in the UK.
27.2 All unaccompanied asylum seeking children are by definition Children in Need and will receive assessment and provision of services.
27.3 Due regard should be given to the experiences children may have had in their country of origin and their previous encounters with government and authority figures. Sensitivity needs to be shown to children's experience of repeat questioning. They may be particularly traumatised having been separated from their families, possibly against their will or having left the country to escape abusive situations at home or from authority figures in their own country e.g. being forced to be child soldiers.
27.4 The assessment of unaccompanied asylum seekers begins with little or no verifiable information. The child may give false information because of pressures exerted on them or the need to keep secrets. Even establishing the age of the child may be difficult as 50 million children world wide are not registered at birth, many societies calculate age differently to the UK and it is sometimes advantageous to the young person to declare an age different from their true one. Most asylum seekers will have received an initial assessment from intake teams established in boroughs which are initial points of entry to the UK. The paper record of this assessment will transfer with the asylum seeker and will be used as the foundation of future work with the child.
27.5 Assessments should at all times pay particular attention to issues of race and culture and to the specific circumstances of the child's arrival in the country. Professionals undertaking assessments must be alert to the possibility that the child may be a victim of human trafficking. An interpreter should always be used if the child/family's first language is not English.
27.6 When the parents cannot be contacted and there are other grounds for concern the assessment will need to consider whether the child should be accommodated under Section 20 1989 Children Act.
27.7 However if the child is  judged competent to look after him/herself and has expressed the view that they do not want to be looked after, provision of any accommodation and support can be provided under Section 17 1989 Children Act.
27.8 If the child is at risk of Significant Harm, consideration will need to be given to legal action to protect the child.


Child Victims of Trafficking

This section has been amended to include reference to the potential for increased risk in child trafficking around the time of the London Olympic Games, 2012 and a link to the ECPAT briefing: On the Safe Side.
27.9 Trafficking in persons' means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion for the purposes of exploitation. The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation is considered 'trafficking in persons' even if this does not involve the threat or use of force or other forms of coercion.
27.10 It is a rapidly growing global problem and is a violation of human rights affecting all communities. There is evidence that large numbers of children and young people, from different parts of the world, are subject to such exploitation within the UK or that the UK is used as a step in the process, with children and young people arriving here and at a later point being trafficked to another part of the world.
27.11 Children and young people are recruited into trafficking in the same ways as adults. Often they will be seeking to escape poverty, without appreciating the risks to which they are exposed. However there may be specific elements that apply in the case of children relating to the contributing role played by their parents. A child victim may have been deliberately 'sold' to the trafficker by a family member, either as a matter of simple profit or removal of an uneconomic family burden, or both. The child or young person may or may not know the planned outcome, but the family member conducting the sale will be aware or simply reckless as to the planned exploitation. In many situations, parents part with their children believing that they will be offered a better life or opportunities in the place they are being taken to.
27.12

Child victims of trafficking may enter the UK in a variety of ways:

  • As unaccompanied asylum seeking children. Children may be told to ask for asylum on arrival in the country. They then become Looked After and at a later date are removed or abducted by their traffickers; often the children make contact with the traffickers as they have been instructed;
  • As students or visitors;
  • Brought in by an adult as dependents or be met by an adult who claims to be a relative;
  • As a private fostering arrangement for the purpose of benefit claims;
  • As domestic staff which is tantamount to slavery. There is thought to be considerable exploitation of children in situations of domestic service;
  • Bogus marriage for the purpose of forced prostitution.
Note:  Practitioners should be alert to the possibility of an increased risk of human trafficking around the time of the 2012 Olympics.  Whilst the Games themselves are centred in London, there is the possibility of an increased risk nationwide.  For further information, please see The 2010 Games and Human Trafficking:  Identifying Possible Risks and Relevant Good Practice from Other Cities.


Indicators

27.13

A number of factors identified by the Initial Assessment may indicate that a child or young person has been trafficked. In all such cases the first priority is to ensure the safety of the child or young person.

  • The child or young person may present as unaccompanied;
  • Child or young person may go missing;
  • Multi use of the same address may indicate that this is a sorting house;
  • Contracts, consent and financial inducement with parents may become apparent;
  • The child or young person may hint at threats to family in their country of origin;
  • Talk of financial bonds and the withholding of documents;
  • Befriending of a vulnerable child or young person;
  • False hopes of improvement in their lives;
27.14 Some children and young people are also trafficked for the purpose of domestic labour.
27.15 These may be less obvious but may be picked up during a private fostering assessment or because someone notices that a child or young person is not in school.  Children and young people who enter the country apparently as part of re-unification arrangements can be particularly vulnerable to domestic exploitation


Action

27.16 If any suspicions are raised that a child or young person is being trafficked, or at risk of this, immediate action to safeguard the child or young person is required. This includes urgent liaison with the Police.  Planning of the investigations should be within a Strategy Meeting, for the immediate protection of the child or young person and to address possible crimes having been committed. See Procedure for the Management of Individual Cases.
27.17 Any child or young person from abroad who goes missing should be reported to the Police and Immigration Department immediately.  Inter-agency procedures in respect of missing children/young people are to be applied.
27.18 As with asylum seeking children, child victims of trafficking are by definition Children in Need and will receive assessment and provision of services following the same considerations as apply to asylum seeking children.
27.19

Additional responsibilities of the Children & Young People's Service regarding child victims of trafficking include:

  • Providing victims/potential victims with a safe place to stay;
  • Assisting in the identification of possible traffickers masquerading as 'relatives';
  • Monitoring of children in care for signs that they are meeting the traffickers including monitoring their phone calls;
  • Providing support and building up a relationship to encourage the child not to leave with the trafficker.
27.20

If a child victim of trafficking does go missing from care, contact should be made with The National Missing Persons Helpline which has a Department of Health funded project 'Missing from Care'. This project receives, from a number of Children & Young People's Services, all details of young people who are missing from care. This includes children and young people who have been victims of trafficking.

See also On the Safe Side: Principles for the Safe Accommodation of Child Victims of Trafficking.


Risk of Being Trafficked for Child or Young Person Looked After

27.21 Where a child or young person from abroad becomes the responsibility of Children and Young People's Services, the degree of risk to the child or young person of possible abduction should be assessed and should inform placement choice. Foster carers/residential staff should have an understanding of the child/young person's situation and of the risk of exploitation and trafficking and be clear about what is expected of them to ensure the safety of the child or young person.
27.22 Anyone approaching Children and Young People's Services and claiming to be a potential carer, friend or member of the family of the child or young person should be thoroughly investigated. The immigration services should be contacted for any relevant information they may have.  The possibility that the child or young person is, or may be, vulnerable to exploitation or trafficking must be considered and checked out.  Agreement from appropriate Managers and Panels should be sought before allowing the child or young person to transfer to the person's care.
27.23

Trafficked Children Toolkit, developed by the London Safeguarding Children Board and launched in February 2011.

Safeguarding children who may have been trafficked’, non-statutory good practice guidance issued by the Department for Education and the Home Office in October 2011.


28.0 Children in Temporary Accommodation

28.1 Placement in temporary accommodation, often at a distance from previous support networks or involving frequent moves, can lead to children and families falling through the net and becoming disengaged from health, education and social care support systems.
28.2 Housing and RSLs who provide temporary accommodation need to be aware of the needs of children placed in this type of accommodation and be alert to any children who may be in need or at risk of becoming disengaged from services. If any concerns arise in respect of children in temporary accommodation, referral should be made to the Children & Young People's Service who will undertake an initial assessment and/or consider whether enquiries need to proceed under Section 47 Children Act 1989.


29.0 Visits by Children to High Security Hospitals, Prisons and Young Offender Institutions

29.1 High security (formerly known as special) hospitals have a duty to implement child protection policies, liaise with their local LSCBs, provide safe venues for children's visits and provide nominated officers to oversee the assessment of whether visits by specific children would be in their best interests.
29.2 Many prisons and young offender institutions (YOIs) now operate a similar system in relation to sex offenders and other dangerous offenders.
29.3 The Children & Young People's Service must assist staff in high secure hospitals to carry out their responsibilities in relation to the assessment of visits by children.
29.4 The Mental Health Trust is responsible for risk assessments of visits to patients who have mental health difficulties and are in local non-special hospitals (including those detained under the Mental Health Act 1983). See Appendix 20, Visits by Children to Psychiatric Patients
29.5 Patients who pose a risk to children or have been found unfit to be tried, or not guilty by reason of insanity in respect of murder, manslaughter or a Schedule 1 offence will only be eligible for a visit if they are the child's parent, have Parental Responsibility for the child, are a relative or have been co-habiting with the child's parent (see Circular HSC 1999/160, as amended by LAC 2000 (18).
29.6

The nominated officer of the relevant hospital must contact a person with Parental Responsibility for the child to:

  • Seek her/his consent for the visit;
  • Confirm the relationship of the child to the patient;
  • Clarify who will accompany the child on the visit (must be a parent, relative, foster carer or employee of the Children & Young People's Service);
  • Inform them of the requirement for an assessment by the Children & Young People's Service.
29.7 A clinical assessment of the patient must be undertaken by the hospital. If the clinical findings are supportive of the visit and the person with Parental Responsibility is in agreement, the local authority must be asked to undertake an assessment about whether the visit is in the child's best interests. The clinical assessment will be provided to the nominated officer.
29.8

On receiving the request for an assessment, the social worker must:

  • Inform the Deputy Head of Safeguarding for monitoring purposes;
  • Contact a person with Parental Responsibility for the child to gain permission for the assessment.
29.9

The Children & Young People's Service's assessment should establish:

  • The child's legal relationship with the named patient;
  • The quality of the child's relationship with the named patient, both currently and prior to hospital admission;
  • Whether there has been past, suspected, alleged or confirmed, abuse of the child by the patient;
  • Future risks of Significant Harm to the child if the visits take place;
  • The child's wishes and feelings about the proposed visit, taking into account her/his age and understanding;
  • The views of those with Parental Responsibility and, if different, those with day to day care of the child;
  • If it is known that the child lived in other local authority areas, what other information is known about the child and the family;
  • The frequency of contact that would be appropriate;
  • Who would accompany the child on visits and the quality and duration of their relationship with the child.
29.10 If the person with Parental Responsibility refuses to co-operate with the assessment and no information is known about the child, the nominated officer must be informed that a report cannot be provided.
29.11 Where the child is known to the Children & Young People's Service, information from  records may be supplied with the agreement of the person with Parental Responsibility.
29.12 The assessment must be completed within 1 month of the referral and the report sent to the nominated officer at the high secure hospital stating whether, in the opinion of the Children & Young People's Service, the visit would be in the best interests of the child.
29.13 A copy of the report must be sent to the Deputy Head of Safeguarding.
29.14 If the social worker concludes that the visit would not, or may not, be in the child's best interests then the hospital must not allow the visit.
29.15 If the social worker advises that the visit would be in the child's best interests, then the hospital nominated officer should make the decision, following discussion with the social worker and after taking account of all available information.
29.16 All requests for assessments and their outcomes will be reported to the Wolverhampton Safeguarding Children Board on a quarterly basis.
29.17 The only exception to this procedure is where a contact order has been made under the 1989 Children Act specifying that the child may visit the patient in the Special Hospital.

End