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Contents

1. Bullying
2. Recognition of Abuse for Referral
3. School Role in Recognition of Abuse
4. Response
5. Strategy Discussions/Meetings
6. Outcome of Enquiries
7. Child Protection Conference
8. Criminal Proceedings
9. Multi Agency Planning Meetings

1. Bullying

Bullying is a common form of deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for the victims to defend themselves.

The damage inflicted by bullying is often underestimated and can cause considerable distress to children to the extent that it affects their health and development. In the extreme it can cause significant harm, including self-harm.

It can take many forms, but the three main types are physical (e.g. hitting, kicking, theft), verbal (e.g. racist or homophobic / religious remarks, threats, name calling) and emotional (e.g. isolating an individual from social activities).

Schools are required to adopt policies to combat bullying and in the first instance cases should be dealt with under such policies

All providers of services to children should also adopt policies to combat bullying as identified in the Bullying Procedure.

Where there are concerns about sexual abuse or serious or persistent physical or emotional abuse, referrals should be made to Children's Social Care or the Police Child and Public Protection Unit (Police CPPU).

Bullying may involve an allegation of crime (assault, theft, harassment) and this must be reported to the police at the earliest opportunity.

2. Recognition of Abuse for Referral

The same signs and symptoms of abuse that pertain to the abuse of children by adults are applicable to the abuse of children by other children

The effect on the victim of intimidation and peer pressure by their abuser may make disclosure difficult for the victim.

Professionals must decide in the circumstances of each case whether or not behaviour directed at another child should be categorised as abusive or not. It will be helpful to consider the following factors:

• Relative chronological and developmental age of the 2 children (the greater the difference the more likely the behaviour should be defined as abusive)
• A differential in power or authority (e.g. related to race or physical or intellectual vulnerability of the victim)
• Actual behaviour (both physical and verbal factors must be considered)
• Whether the behaviour could be described as age appropriate or involves inappropriate sexual knowledge or motivation
• Physical aggression, bullying or bribery
• The victim's experience and perception of the behaviour
• The possibility the abuser is, or was, also a victim
• Attempts to ensure secrecy
• An assessment of the change in the behaviour over time (whether it has become more severe or more frequent)
• Duration and frequency of behaviour

In sexual abuse between children it is important to determine what is developmentally normal sexual experimentation and what is coercive

When there is suspicion or an allegation of a child having been sexually abused or being likely to sexually abuse another child, it should be referred immediately to Children's Social Care or the Police CPPU.

3. School Role in Recognition of Abuse

Concerns about possible abuse by one child of another are frequently first considered within a school environment and it may frequently be unclear if the circumstances should be considered under child protection procedures or not.

Where it is clear that the concern is one of child protection there should be no delay in the referral to Children's Social Care e.g. disclosure or witnessing of sexual abuse.

Where further assessment is required prior to deciding the extent and nature of the concerns, the school should:

• Ensure parents / guardian of both victim and alleged perpetrator/s are advised and invited to be present when the children are interviewed formally
• Provide pupils with the opportunity to record or dictate in their own words their version of events
• Consider any need to separate the alleged victim and need to send one or both home
• Not interview either child on their own after the preliminary interview following disclosure - they should be accompanied by a parent or guardian 
• Keep a written record of pertinent information including date, time, those present and signature - a diagram / photo of the room / playground may be useful, as well as a description of who was present etc.
• Provide the child with the opportunity to confirm the accuracy of the record and record any disagreement

4. Response

These procedures are additional to those that apply to all children.

The interests of the identified victim must always be the paramount consideration. However, whenever a child may have abused another, all agencies must be aware of their responsibilities to both individuals and multi-agency management of the case must reflect this.

It is likely that the abuser may pose a significant risk of harm to other children, have considerable needs themselves and may also be or have been the victim of abuse.

5. Strategy Discussions/Meetings

On receipt of a referral to Children's Social Care, an initial discussion must take place between Children's Social Care and the Police CPPU to share the information and determine whether the threshold for S.47 enquiries has been reached.

The Police CPPU will also decide whether a criminal offence is alleged.

Where the decision is reached that the alleged behaviour does not constitute abuse or the child is under the age of criminal responsibility, and there is no need for further enquiry or criminal investigation, the details of the referral and the reasons for the decision must be recorded.

In all cases where the suspected abuser is a young person,Children's Social Care must convene a Strategy Discussion with Police CPPU and any other relevant agencies within the S.47 time-scales.

When the young people concerned are the responsibility of different local authorities, each must be represented at the Strategy Discussion, which will usually be convened and chaired by the authority in which the victim lives.

The strategy discussion must consider the needs of both children. Best practice would be for separate meetings to be convened for victim and alleged abuser.

A different social worker may be allocated for the victim and the abuser, even when they live in the same household, to ensure that both are supported through the process of the enquiry and that both their needs are fully assessed.

Where a strategy meeting is convened, it will be chaired by Children’s Social Care and a written record made.  Consideration must be given to inviting the following people to a meeting:

• Social worker for the child who is suspected or alleged to have sexually abused another person
• Social worker for the child alleged to have been abused
• Social workers' first line manager/s
• Police
• YOT representative where the alleged abuser is aged ten or over
• School representative/s (particularly if the concerns suggest that other children in the school setting may have been or may be at risk of being abused)
• School nurse or other health services staff
• Representatives of fostering or residential care
• Representative of Education Bradford

The meeting must plan in detail the respective roles of those involved in enquiries and ensure the following objectives are met:

• Information relevant to the protection needs of the alleged victim is gathered
• Any criminal aspects of the abuse are investigated
• Any information relevant to any abusive experiences and protection needs of the alleged perpetrator are gathered

In planning the investigation the following factors should be considered:

• Age of both children
• Seriousness of the alleged incident
• Effect on the victim and their own view of their safety
• Parental attitude and ability to protect their child
• Arrangements to protect the victim and other children, especially where the victim and alleged perpetrator are in the same household or school class
• Whether there is suspicion that the alleged abuser has also been abused 
• Whether there is reason to suspect that adults are also involved
• The likelihood and desirability of criminal prosecutions taking place

Where there is suspicion that the child is both an abuser and a victim of abuse, the strategy meeting must consider the order in which interviews will take place.

The conduct of any investigation will be discussed within a strategy meeting and at the interview planning meeting to ensure the requirements of the Police and Criminal Evidence Act (PACE) 1984 and Achieving Best Evidence in Criminal Proceedings (2002) guidance are met.

Where police decide to conduct a separate 'offender' interview, Children's Social Care will not normally be involved other than in performing any statutory responsibilities to the child e.g. as appropriate adult.

Throughout the enquiry, the immediate protection of the child/ren must be ensured if that is necessary

6. Outcome of Enquiries

The outcome of enquiries is as described in Section 7, Child Protection Review Conferences Procedure. However, the position of the alleged victim and the alleged perpetrator must be considered separately.

If the information gathered in the course of enquiries suggests that the perpetrator is also a victim, or potential victim, of abuse including neglect, a child protection conference must be convened.

Where there are no grounds for a child protection conference, but concerns remain regarding the child's abusive behaviour, s/he will be considered as a child in need. In such cases, a multi-agency planning meeting should be held.

7. Child Protection Conference

Consideration should be given to inviting those agencies as listed in section Strategy and Discussion/Meetings

It is the function of the Child Protection Case Conference to consider how to respond to the child's needs as a possible abuser.

Where the alleged perpetrator is not made subject to a Child Protection Plan, consideration should be given to the need for services to address any abusive behaviour and the multi-agency responsibility to manage any risk, through the use of multi-agency planning meetings.

8. Criminal Proceedings

The decision as to how to proceed with the criminal aspects of a case will be made by the police and the Crown Prosecution Service (CPS). This decision will take into account any recommendations of the youth offending team and the views of other professionals.

Best practice suggests that criminal proceedings should not be taken where:

• Criminalising certain types of behaviour may be detrimental to the interests of all concerned
• It is inappropriate to pursue the criminal aspects of the case because the professionals are satisfied that sexual activity took place but that it was not abusive

9. Multi Agency Planning Meetings

Where there are insufficient grounds for holding a child protection conference, or where a Child Protection Plan was not needed, a multi-agency approach will still be needed if the young abuser's needs are complex.

In such cases a multi-agency planning meeting should be convened by Children's Social Care to pool information, allocate roles and set a time-table for an assessment of the needs of the child and the risk posed by them, as well as co-ordinate any other interim intervention.

Those invited should include participants of the strategy meeting and representatives from health (including child and adolescent mental health services), school and any other appropriate service provider, the child and her/his parents / carers.

In cases where the young abuser is also looked after by the local authority consideration should be given to the need for a plan to minimise risk of future offending, agreed with carers and their agency.

On completion of the assessment, the same forum will be reconvened to consider the outcome, to review and co-ordinate roles of relevant agencies in providing any identified intervention, including specialist input with regard to service users with special needs. Care must be taken to provide services culturally appropriate to the needs of the child and the family.

Intervention should be reviewed at regular multi-agency meetings at intervals of no more than 6 months. At the point of closure, the review will consider the possible need for long-term monitoring and the availability of advice and other services.

Children’s Social Care will undertake a multi-agency assessment when a young person has committed an offence against a child and is released following a custodial sentence or time in secure accommodation.

End