Safeguarding Policy

The statutory definition of Child Sexual Exploitation (CSE) can be found in the guidance document Child sexual exploitation: Definition and a guide for practitioners (DfE 2017)

Although the following vulnerabilities increase the risk of child sexual exploitation, it must be remembered that not all children with these indicators will be exploited. Child sexual exploitation can occur without any of these issues.

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Potential vulnerabilities include:

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• Having a prior experience of neglect, physical and/or sexual abuse.

• Lack of a safe/stable home environment, now or in the past (domestic abuse or parental substance misuse, mental health issues or criminality, for example);

• Recent bereavement or loss.

• Social isolation or social difficultés.

• Absence of a safe environment to explore sexuality.

• Economic vulnerability.

• Homelessness or insecure accommodation status.

• Connections with other Apprentices and Learners who are being sexually exploited.

• Family members or other connections involved in adult sex work.

• Having a physical or learning disability.

• Being in care (particularly those in residential care and those with interrupted care histories); and

• Sexual identity.

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More information can be found in: Child sexual exploitation: Definition and a guide for practitioners (DfE 2017).

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Domestic Abuse

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The cross-government definition of domestic violence and abuse is:

 

“Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.” The abuse can encompass, but is not limited to:

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• psychological.

• physical.

• sexual.

• financial; and

• emotional.

 

All children can witness and be adversely affected by domestic abuse in the context of their home life where domestic abuse occurs between family members Exposure to domestic abuse and/or violence can have a serious, long lasting emotional and psychological impact on children. In some cases, a child may blame themselves for the abuse or may have had to leave the family home as a result. Domestic abuse affecting young people can also occur within their personal relationships, as well as in the context of their home life. Advice on identifying children who are affected by domestic abuse and how they can be helped is available at:

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• NSPCC - UK domestic-abuse Signs Symptoms Effects

• Refuge what is domestic violence/effects of domestic violence on children

• Safe lives: young people and domestic abuse

 

Drugs

 

This includes alcohol, tobacco, illegal drugs, medicines, new psychoactive substances (‘legal highs’) and volatile substances.

 

Fabricated or induced illness

 

There are three main ways of the parent/carer fabricating or inducing illness in a child. These are not mutually exclusive and include:

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• Fabrication of signs and symptoms which 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 include falsification of letters and documents.

• Induction of illness by a variety of means.

• Faith Abuse

• Faith abuse is child abuse linked to faith or belief. This includes:

• belief in concepts of witchcraft and spirit possession, demons or the devil acting through children or leading them astray (traditionally seen in some Christian beliefs), the evil eye or djinns (traditionally known in some Islamic faith contexts) and dakini (in Hindu context);

• ritual or multi murders where the killing of children is believed to bring supernatural benefits, or the use of their body parts is believed to produce potent magical remedies.

• belief in magic or witchcraft to create fear in children to make them more compliant when they are being trafficked for domestic slavery or sexual exploitation.

 

This is not an exhaustive list and there will be other examples where children have been harmed when adults think that their actions have brought bad fortune, such as telephoning a wrong number which is believed by some to allow malevolent spirits to enter the home. So-called ‘honour-based’ abuse (including FGM and Forced Marriage)

HBV encompasses incidents or crimes which have been committed to protect or defend the honour of the family and/or the community, including female genital mutilation (FGM), forced marriage, and practices such as breast ironing. Abuse committed in the context of preserving “honour” often involves a wider network of family or community pressure and can include multiple perpetrators. It is important to be aware of this dynamic and additional risk factors when deciding what form of safeguarding action to take.

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All forms of HBV are abuse (regardless of the motivation) and should be handled and escalated as such. Professionals in all agencies, and individuals and groups in relevant communities, need to be alert to the possibility of a child being at risk of HBV, or already having suffered HBV.

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Actions

 

If staff have a concern regarding a child that might be at risk of HBV or who has suffered from HBV, they should speak to the Designated Safeguarding Lead (or Deputy). As appropriate, they will activate local safeguarding procedures, using existing national and local protocols for multi-agency liaison with police and Children’s Social Care. Where FGM has taken place, since 31 October 2015 there has been a mandatory reporting duty placed on teachers that requires a different approach.

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FGM

 

Female genital mutilation refers to procedures that intentionally alter or cause injury to the female genital organs for non-medical reasons. The practice is illegal in the UK.

FGM typically takes place between birth and around 15 years old; however, it is believed that the majority of cases happen between the ages of 5 and 8.

Risk factors for FGM include:

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• low level of integration into UK society.

• mother or a sister who has undergone FGM.

• girls who are withdrawn from PSHE.

• visiting female elder from the country of origin.

• being taken on a long holiday to the country of origin.

• talk about a ‘special’ procedure to become a woman.

 

Staff should not assume that FGM only happens outside the UK. Indications that FGM may have already taken place may include:

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• difficulty walking, sitting, or standing and may even look uncomfortable.

• spending longer than normal in the bathroom or toilet due to difficulties urinating.

• spending long periods of time away from a classroom during the day with bladder or menstrual problems.

• frequent urinary, menstrual or stomach problems.

• prolonged or repeated absences from school or college, especially with noticeable behaviour changes (e.g., withdrawal or depression) on the girl’s return.

• reluctance to undergo normal medical examinations.

• confiding in a professional without being explicit about the problem due to embarrassment or fear.

• talking about pain or discomfort between her legs.

 

FGM mandatory reporting duty for teachers Section 5B of the Female Genital Mutilation Act 2003 (as inserted by section 74 of the Serious Crime Act 2015) places a statutory duty upon tutors along with regulated health and social care professionals in England and Wales, to report to the police where they discover (either through disclosure by the victim or visual evidence) that FGM appears to have been carried out on a girl who is under the age of 18. Those failing to report such cases will face disciplinary sanctions. It will be rare for teachers to see visual evidence, and they should not be examining pupils or Apprentices and Learners, but the same definition of what is meant by “to discover that an act of FGM appears to have been carried out” is used for all professionals to whom this mandatory reporting duty applies.

 

Tutors and Teachers must personally report to the police cases where they discover that an act of FGM appears to have been carried out. Unless the Tutor or Teacher has good reason not to, they should report any such case to the Designated Safeguarding Lead (or deputy) and involve Children’s Social Care as appropriate. The duty does not apply in relation to ‘at risk or suspected cases’ (i.e., where the teacher does not discover that an act of FGM appears to have been carried out, either through disclosure by the victim or visual evidence) or in cases where the woman is 18 or over.

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In these cases, Tutors and Teachers should follow local safeguarding procedures.

 

Forced marriage

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Forcing a person into a marriage is a crime in England and Wales. A forced marriage is one entered into without the full and free consent of one or both parties and where violence, threats or any other form of coercion is used to cause a person to enter into a marriage. Threats can be physical or emotional and psychological. A lack of full and free consent can be where a person does not consent or where they cannot consent (if they have learning disabilities, for example). Nevertheless, some communities use religion and culture to coerce a person into marriage. Schools and colleges can play an important role in safeguarding children from forced marriage.

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The Forced Marriage Unit has published statutory guidance and multi-agency guidelines, pages 35- 36 of which focus on the role of schools and colleges. School and college staff can contact the Forced Marriage Unit if they need advice or information. Contact: 020 7008 0151 or email fmu@fco.gov.uk

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An arranged marriage is not the same as a forced marriage. In an arranged marriage, the families take a leading role in choosing the marriage partner, but both parties are free to choose whether to enter into the marriage or not. 

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Gangs and Youth Violence

 

Groups of Apprentices and Learners often gather together in public places to socialize, and peer association is an essential feature of most children’s transition to adulthood. Groups of Apprentices and Learners can be disorderly and/or anti-social without engaging in criminal activity. Young people on the periphery of becoming involved with street gangs and those young people already involved in some way can be described as ‘A relatively durable, predominantly street-based group of young people who see themselves (and are seen by others) as a discernible group for whom crime and violence is integral to the group’s identity’.

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Youth Violence

 

Youth violence, serious or otherwise, may be a function of gang activity. However, it could equally represent the behaviour of a child acting individually in response to his or her particular history and circumstances. ‘Serious youth violence’ is defined as ‘any offence of most serious violence or weapon enabled crime, where the victim is aged 1-19', i.e., murder, manslaughter, rape, wounding with intent and causing grievous bodily harm. ‘Youth violence’ is defined in the same way, but also includes assault with injury offences. Most Apprentices and Learners do not become violent overnight. Their behaviour represents many years of (increasingly) anti- social and aggressive acts.

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Mental Health

 

All staff are aware that mental health problems can, in some cases, be an indicator that a child has suffered or is at risk of suffering abuse, neglect or exploitation. Staff are not expected or trained to diagnose mental health conditions or issues but may notice behaviours that may be of concern. 

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Where staff have a mental health concern about a child that may also be a safeguarding concern, they should raise the issue by informing the Designated Safeguarding Lead or a deputy via the Note of concern form. In addition, there is a dedicated team of Mental Health First Aiders on site who are able to support any Staff, Apprentices or Learners through anything that they may need support with.

 

Neglect

 

The persistent failure to meet a child’s basic physical and/or psychological needs is likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result, for example, as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to provide adequate food, clothing and shelter (including exclusion from home or abandonment); protect a child from physical and emotional harm or danger; ensure adequate supervision (including the use of inadequate caregivers); or ensure access to appropriate

medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

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Serious violence

 

All staff should be aware of indicators, which may signal those children are at risk from, or are involved with serious violent crime. These may include increased absence, a change in friendship or relationships with older individuals or groups, a significant decline in performance, signs of self- harm or a significant change in wellbeing, or signs of assault or unexplained injuries. Unexplained gifts or new possessions could also indicate that children have been approached by, or are involved with, individuals associated with criminal networks or gangs. 

 

All staff should be aware of the associated risks and understand the measures in place to manage these. Advice is provided in the Home Office’s Preventing youth violence and gang involvement and its criminal exploitation of children and vulnerable adults.

 

Youth Produced Sexual Imagery (Sexting/nude/semi-nude image/video/live stream) Making, possessing and distributing of imagery, video or live streams of someone under 18 which is indecent is illegal. This includes imagery created by under 18s themselves. The relevant legislation is contained in the Protection of Children Act 1978 (England and Wales) as amended in the Sexual Offences Act 2003 (England and Wales), but guidance is also outlined in ‘Sharing nudes and semi- nudes: advice for education settings working with Apprentices and Learners’ via the Gov.uk website.

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Specifically, it is an offence to possess and distributing, show and make images of children. The Sexual Offences Act 2003 defines a child, for the purposes of indecent images, as anyone under the age of 18. The latest guidance from the UK Council for Child Internet Safety (UKCCIS) introduces the phrase ‘youth produced sexual imagery’ instead of ‘sexting’. (August 2016). This guidance refers to sexual imagery and not indecent imagery as indecent is subjective and has no specific definition in law.

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The types of incidents covered by this guidance are:

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• A person under the age of 18 creates and shares sexual images of themselves with a peer under the age of 18.

• A person under the age of 18 shares sexual imagery created by another person under the age of 18 with a peer under the age of 18 or an adult.

• A person under the age of 18 is in possession of sexual imagery created by another person under the age of 18.

 

The sharing of sexual imagery of people under 18 by adults constitutes child sexual abuse and this should be reported to the police.

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Handling Incidents

 

1. All incidents involving youth produced sexual imagery, videos or live streams should be

reported to the Designated Safeguarding Lead.

 

2. An initial review meeting will be held and subsequent interviews with the young people

involved, if appropriate.

 

3. Parents should be informed at an early stage and involved in the process unless there is good reason to believe that involving parents would put the young person as risk of harm.

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4. At any point in this process if there is a concern that a young person has been harmed or is as risk of harm, a referral should be made to children’s social care and/or the police immediately.

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An immediate referral to the police and/or children’s social care will be made at this initial stage if:

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1. The incident involves an adult.

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2. There is reason to believe that a young person has been coerced, blackmailed or groomed, or if there are concerns about their capacity to consent, for example due to a learning difficulty.

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3. What is known about the imagery suggests the content depicts sexual acts which are

unusual for the young person’s development age or are violent.

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4. The imagery involves sexual acts and any child in the imagery is under 13.

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5. There is reason to believe that a young person is at risk of harm owing to the sharing of

imagery, for example, the young person is presenting as suicidal or self-harming.

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If none of the above apply WTD may decide to respond to the incident without involving the police or children’s social care. Although the sharing of sexual imagery is illegal, the National Police Chief's Council (NPCC) is clear that ‘youth produced sexual imagery should be primarily treated as a Safeguarding issue’ and the law was created to protect Apprentices and Learners and not to criminalise them.

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Privately Fostered Children

 

A private fostering arrangement is one that is made privately (without the involvement of a local authority) for the care of a child under the age of 16 years (under 18, if disabled) by someone other than a parent or close relative, in their own home, with the intention that it should last for 28 days or more. A close family relative is defined as a ‘grandparent, brother, sister, uncle or aunt’ and includes half-siblings and step-parents; it does not include great- aunts or uncles, great grandparents or cousins.

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Parents and private foster carers both have a legal duty to inform the relevant local authority at least six weeks before the arrangement is due to start; not to do so is a criminal offence.

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Whilst most privately fostered children are appropriately supported and looked after, they are a potentially vulnerable group who should be monitored by the local authority, particularly when the child has come from another country. In some cases, privately fostered children are affected by abuse and neglect, or be involved in trafficking, child sexual exploitation or modern-day slavery.

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School staff should notify the Designated Safeguarding Lead when they become aware of private fostering arrangements. The Designated Safeguarding Lead will speak to the family of the child involved to check that they are aware of their duty to inform the LA. The school itself has a duty to inform the local authority of the private fostering arrangements.

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Relationship Abuse

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• Emotional abuse – can include constant insults and name calling, isolation from friends and family, controlling what someone wears/where they go, checking up on someone all the time (checking emails, texts, social networking sites etc.) and making someone feel responsible for the abuse.

• Physical abuse – can include hitting, punching, pushing, biting, kicking, using weapons etc.

• Sexual abuse – can include unwanted kissing or touching, forcing someone to have sex, being made to watch pornography against their will and pressure not to use contraception.

• Financial abuse – can include the taking and controlling of money, forcing someone to buy things for someone, forcing someone to work or not to work.

• Trafficking - is defined as ‘the recruitment, transportation, transfer, harbouring or receipt of children by means of threat, force or coercion for the purpose of sexual or commercial sexual exploitation or domestic servitude’(NSPCC).

• The Palermo Protocol establishes children as a special case for whom there are only two components- movement and exploitation. Any child transported for exploitative reasons is considered to be a trafficking victim-whether or not he/she has been deceived, because it is not considered possible for children to give informed consent.

• A child may be trafficked without crossing any national borders, e.g., only within the UK.

• A child may be trafficked between several countries prior to being trafficked into/within the UK. The child may have entered the UK illegally or legally (I.e., with immigration documents). The intention to exploit the child underpins the entire process.

• The Modern Slavery Act 2015 consolidates current offences of trafficking and slavery and details the different forms of exploitation that a victim of trafficking may be forced into.

• The exploitation can take place in several ways including:

• Sexual Exploitation

• Labour Exploitation

• Criminal Exploitation

• Domestic Servitude

• Organ Harvesting

• Distinction between human trafficking and smuggling:

• Human trafficking does not include people smuggling, which requires the consent of the person being moved. A smuggled person is, however, a potential victim who may be vulnerable to being trafficked at any point in their journey, and the distinction can be blurred. Perpetrators may smuggle people with the intention of exploiting them, or with the intention of facilitating exploitation. Alternatively, the smuggled can become vulnerable to traffickers upon arrival at their destination and subsequently be exploited and/or harmed.

 

Financial or Material Abuse

 

This can include theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions or the misuse, misappropriation of property, possessions or benefits.

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Appendix B

 

Laura Faulkner is WTD’s Designated Safeguarding Lead.

 

If at any time a learner, an apprentice, or a WTD staff member would like to speak to Laura, they are able to do so via email; safeguarding@wtd.co.uk and via phone on 07793 538392

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Authorised by

Pauline Price

COO

Workforce Training & Development