4.4.1 Children and Young People at Risk of Sexual Exploitation

This guidance aims to aid the implementation of positive prevention, protection and re-integration strategies for children abused through exploitation by:

• Early identification of potential risk or actual abuse through sexual exploitation;
• Prompt consistent and effective responses from all services;
• Working in partnership with other agencies and exchanging information to ensure pro-active approach to disruption and prosecution of coercers / abusers and others who conspire to sexually exploit young people.

The Guidance provides a framework for professionals to:

• Gain an understanding of sexual exploitation;
• Assess levels of vulnerability and risk to make informed decisions;
• Ensure early assessment and intervention;
• Safeguard the child or young person and promote their welfare;
• Ensure joint multi-agency working to prevent abuse and provide children and young people with opportunities and strategies to recover from sexual exploitation;
• Formalise the exchange of information and working arrangements between Children’s Services, the Police and relevant agencies working with children and young people where they are at risk of sexual exploitation;
• Aid investigations into individuals who sexually exploit, abuse or procure children and young people for sexual purposes and control that activity.

This policy adheres to the following principle:

• It should be a fundamental working assumption of all staff and managers that sexual activity between an adult and a child under the legal age of consent is non-consensual and unlawful.

The National Working Group on Sexual Exploitation has developed the following definition:

DfE Child sexual exploitation: definition and guide for practitioners (2017) defines child sexual exploitation as:

What to do if you're worried a child is being abused (DfE) - gives clear legal information:

• A child under the age of 13 is not legally capable of consenting to sex, (it is statutory rape), or any other type of sexual touching;
• Sexual activities with a child under 16 is also an offence;
• It is an offence for a person to have a sexual relationship with a 16 or 17 year old if they hold a position of trust or authority in relation to them;
• Where sexual activity with a 16 or 17 year old does not result in an offence being committed, it may still result in harm or the likelihood of harm being suffered;
• Non-consensual sex is rape whatever the age of the victim;
• If the victim is incapacitated through drink or drugs, or the victim or his or her family has been subject to violence or threat of it, they cannot be considered to have given consent and therefore offences may have been committed.

The complexity of identifying and responding to each individual case is significantly increased when groups of abuser’s operate together. Child Exploitation and Online Protection Centre (CEOP) ‘Out of Mind, Out of Sight’ (June 2011) notes:

Professionals should maintain an open mind when considering whether a child / young person is being exploited, using skill and judgement to make informed decisions. However research shows that young people are more vulnerable to sexual exploitation where any of the following factors are present:

• Going missing regularly / frequently;
• Family breakdown;
• Not in full time education;
• Associating with older people;
• Domestic violence within the family;
• Family involvement in sexual exploitation;
• Parents with high level of vulnerabilities including drug / alcohol, mental health issues;
• Children with substance misuse or mental health issues;
• Experience of physical abuse and emotional deprivation;
• Experience of child sexual abuse;
• Experience of being bullied in school;
• Looked after children in residential care;
• Involved in the criminal justice service.

Possible personal and behavioural indicators to consider when concerned about a child being at risk of or experiencing sexual exploitation:

• Physical symptoms e.g.: bruising suggestive of either physical or sexual assault; sexually transmitted infections;
• Possession of large amounts of money, acquisition of expensive clothes, mobile phones or other possessions without plausible explanation;
• Low self-image, low self-esteem, self-harming behaviour, cutting, overdosing, eating disorder;
• Accounts of social activities with no plausible explanation of the source of necessary funding.

The above lists are not exhaustive and need to be considered alongside information gathered within an assessment, including situational indicators:

• Reports the child / young person has been seen in places known to be used for sexual exploitation;
• Phone calls or letters from adults outside the usual range of social contacts;
• Adults loitering outside the child’s usual place of residence;
• Persistently missing, staying out overnight or returning late with no plausible explanation;
• Returning after having been missing, looking well cared for in spite of having no known home base;
• Missing for long periods, with no known home base;
• Going missing and being found in areas where the child or young person has no known links;
• Entering or leaving vehicles driven by unknown adults.

There are significant risks to young people associated with being sexually exploited; these can be outlined as follows:

• Children abused through sexual exploitation face immense risks to their physical, emotional and psychological health. The environment in which child sexual exploitation takes place may have close links with criminal behaviour, drug and alcohol misuse and violence. Children drawn into this kind of sexual abuse therefore become exposed to these added risks;
• Sexually exploited children and young people also become more vulnerable to other violent acts such as rape, physical and sexual assaults, coercion into pornography or prostitution. There has been a higher incidence of murder associated with prostitution than is the case in the general population;
• The individual’s physical health is placed at risk through the increased likelihood of contracting sexually transmitted infections including HIV and AIDS;
• Other risk factors are common to child sexual abuse generally and can include physical injuries, non-school attendance and / or underachievement, depression, self-mutilation and attempted or completed suicide;
• The risks to children from abuse through sexual exploitation can be extremely high, sometimes life threatening and therefore, must be considered as a child protection issue.

Bolton SCP recognises the importance of a dedicated response in meeting the needs of children and young people at risk of sexual exploitation. As such they have invested in establishing a team dedicated to working with this vulnerable group since 2009, and has been known as the EXIT Team. In December 2013, the existing Children's Services staff joined with officers from Greater Manchester Police under the Greater Manchester Safeguarding Partnership Project Phoenix. The Team offers a Multi-Agency Co-located approach to dealing with the problems of Child Sexual Exploitation (CSE) in the Bolton Area. The services has now been restructured and become the Complex Safeguarding Team (CST) and have expanded it role in also working with CCE and a hub of professionals who work together to address exploitations. Supplemental Guidance is available explaining how the service works to facilitate meeting the expectations and standards as defined in this chapter. See also: How the Complex Safeguarding Hub Works in Bolton.

The Team allows for increased prosecutions of perpetrators, enforcement, investigation and disruption of CSE related activity, and more effective intelligence gathering from a shared knowledge base.

The Team is co-located at Scholey Street Police Station, Bolton with access to Achieving Best Evidence interview facilities.

The Complex Safeguarding Team play a central role in working with children and young people as well as the central point for the collation of information relating to sexual exploitation, The Complex Safeguarding Team should be informed of any young person considered to be sexually exploited and any adult considered to be a risk to young people, in regard to sexual exploitation.

Young People Between 13 up to 16 years. The Sexual Offences Act 2003 reinforces that, whilst mutually agreed, non-exploitative sexual activity between teenagers does take place and that often no harm comes of it, the age of consent should still remain at 16. This acknowledges that this group of young people are vulnerable, even when they do not view themselves as such. Sexually active young people in this age group where there are additional concerns will require their needs assessed using this protocol. Discussion with Children’s Services is not mandatory and will depend on the level of need assessed by those working with the young person. The same considerations as to making a criminal complaint apply as set out above. The difference in process is explained by acknowledging that whilst sexual activity under 16 remains illegal, sexual activity may occur as part of exploration, personal development, understanding relationships and identity. However, due to their stage in development young people can be particularly vulnerable.

In order to determine whether the relationship presents a risk to the young person, the following factors should be considered:

• Whether the young person is competent to understand, and consent to, the sexual activity they are involved in;
• The nature of the relationship between those involved, particularly if there are issues of power imbalances as outlined above;
• Whether overt aggression, threats, coercion or bribery was involved including misuse of substances as a dis-inhibitor;
• Whether the young person’s own behaviour, for example through misuse of substances, places them in a position where they are unable to make an informed choice about the activity. Note this can render an otherwise assertive young person vulnerable to exploitation;
• Any attempts to secure secrecy by the sexual partner beyond what would be considered usual in a teenage relationship. Consider the young person’s relationships with family and friends, have they deteriorated since meeting this partner? Does the young person have a healthy support network?
• Whether the sexual partner is known by agencies as having other concerning relationships with similar young people. Consider if there is a pattern emerging?
• Whether methods used to secure compliance and / or secrecy by the sexual partner are consistent with behaviours considered to be ‘grooming’ as per sexual exploitation. Note the young person may state the relationship is consensual but may not see actions taken as grooming or manipulation. Practitioners should therefore still attempt to explore the relationship in order to understand if they are exploited.

9.15

Child Sex Offender Disclosure Scheme

The Child Sex Offender Review (CSOR) Disclosure Scheme is designed to provide members of the public with a formal mechanism to ask for disclosure about people they are concerned about, who have unsupervised access to children and may therefore pose a risk. This scheme builds on existing, well established third-party disclosures that operate under the Multi-Agency Public Protection Arrangements (MAPPA).

Police will reveal details confidentially to the person most able to protect the child (usually parents, carers or guardians) if they think it is in the child’s interests.

The scheme has been operating in all 43 police areas in England and Wales since 2010. The scheme is managed by the Police and information can only be accessed through direct application to them.

If a disclosure is made, the information must be kept confidential and only used to keep the child in question safe. Legal action may be taken if confidentiality is breached. A disclosure is delivered in person (as opposed to in writing) with the following warning:

• 'That the information must only be used for the purpose for which it has been shared i.e. in order to safeguard children;
• The person to whom the disclosure is made will be asked to sign an undertaking that they agree that the information is confidential and they will not disclose this information further;
• A warning should be given that legal proceedings could result if this confidentiality is breached. This should be explained to the person and they must sign the undertaking’ (Home Office, 2011, p16).

9.16

Sexual Harm Prevention Orders and Sexual Risk Orders

These orders were introduced by the Anti-Social Behaviour, Crime and Policing Act 2014. They replace the previous Sexual Offences Prevention Order, Risk of Sexual Harm Orders and Foreign Travel Orders which were introduced by the Sexual Offences Act 2003.

The court needs to be satisfied that the order is necessary for protecting the public, or any particular members of the public, from sexual harm from the defendant; or protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

The Orders prohibit the defendant from doing anything described in the order, and can include a prohibition on foreign travel (replacing Foreign Travel Orders which were introduced by the Sexual Offences Act 2003).

Failure to comply with a requirement imposed under an Order is an offence punishable by a fine and/or imprisonment.

Sexual Harm Prevention Orders

Sexual Harm Prevention Orders can be applied to anyone convicted or cautioned of a sexual or violent offence, including where offences are committed overseas. They replace the previous Sexual Offences Prevention Orders.

A prohibition contained in a Sexual Harm Prevention Order has effect for a fixed period, specified in the order, of at least 5 years, or until further order. The Order may specify different periods for different prohibitions.

Sexual Risk Orders

Sexual Risk Orders can be made where a person has done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for such an order to be made, even if they have never been convicted. They replace the previous Risk of Sexual Harm Orders.

The information collated from a Child and Family Action assessment alongside use of the CSE Risk Indicator Tool should include an analysis of the child / young person’s abuse through exploitation. Please note any Child Action Plan in relation to sexual exploitation should include:

• Assessment of risks to the young person;
• Actions to meet the identified needs of the young person and reduce risks;
• Key tasks allocated to specific individuals (who will do what and when);
• Specific outcomes indicating activity has reduced risks and safeguarded the young person.

Factors to be considered in determining the need for a Child Protection Conference should include:

• The age of the child or young person;
• Whether a person in parent / carer position is involved in the abuse, in particular whether a parent is knowingly failing to protect the young person or actively encouraging sexual exploitation;
• Whether the evidence suggests a young person is in need of a formal multi-agency safeguarding plan;
• Assessment of the child / young person’s co-operation. Older young people may respond adversely to being the subject to child protection procedures but cooperate with a Child Sexual Exploitation (CSE) Specific Safeguarding Plan;
• The use of legislation is required to protect the young person and or disrupt the behaviour of the perpetrator.

The available practice evidence suggests that admission to Local Authority accommodation is unlikely, on its own, to break an established pattern of swapping or selling sex. Indeed for some young people living in Local Authority accommodation may exacerbate the risk factors. However, when considering the need to accommodate, the following additional factors should be taken into account:

• The length of time the child / young person has been abused through sexual exploitation;
• The frequency of the abuse;
• The evidence that protection cannot be provided by other means;
• The child / young person’s perception of accommodation as a means to keep them safe;
• The resources available, the likely effect on other residents of the admission, and the likely response of the residents to the child / young person;
• Level of substance misuse, self-harm and mental health needs;
• Potential risks / threats to the young person from coercers / exploiters / associates.

The Referral and Assessment Team will collate further information to inform their decision using the Children and Family Assessment and record their analysis. The Referral and Assessment Team may advise there is no further Social Work intervention required the referring agency will be advised with advice and guidance if required.

Bolton People Services Department 
Castleton Street
Bolton
BL2 2JW

360 Marsden Road
Civic Centre
Bolton
BL1 2PE

Tel: 01204 334 000

Complex Safeguarding Team
Police Station
Scholey Street
Bolton
BL2 1HD

District Manager
National Probation Provider
St Helena Mill
St Helena Road
Bolton

Complex Safeguarding Team
Police Station
Scholey Street
Bolton
BL2 1HD