Written evidence from The Children’s Society

About The Children’s Society

The Children’s Society is a leading charity committed to improving the lives of thousands of children and young people every year. We work across the country with the most disadvantaged children through our specialist services and children’s centres. Our direct work with vulnerable groups including disabled children, children in or leaving care, refugee, migrant and trafficked children, allows us to listen to the most vulnerable children and put their voices at the centre of our work.

The United Nations Convention on the Rights of the Child Article 19 states that every child should be protected from abuse. As a social justice organisation, we work to ensure that all our work aims to create and influence best practice and protect young people from all forms of abuse.

Our Seriously Awkward campaign: The Children’s Society’s Seriously Awkward campaign is focussed on improving the lives of the most vulnerable 16 and 17 year olds in the country. Too often young people of this age are treated like adults and not afforded the additional protections given in law to younger children. Adolescence is an important period of both growth and greater vulnerability. Teenagers of this age are more predisposed towards risk taking behaviour. For the most vulnerable, with earlier experiences of abuse, trauma and neglect, this can have serious consequences.

Introduction and key messages

The Children’s Society believes that rights should be the basis for achieving better outcomes in the lives of children. This includes keeping children safe from sexual exploitation and grooming and improving mental health support for child victims of sexual abuse who we know face difficulties getting the help they need.

The Policing and Crime Bill makes some welcome provisions including the expansion of the definition of child sexual exploitation to incorporate live streaming of abuse (Part 9, 107) and changes to PACE (Part 4) to ensure that 17 year olds detained in police custody are treated as children for all purposes. We also welcome the proposal in the Bill for young people detained under the Mental Health Act 1983 to be held in appropriate places of safety and not in police cells.

As a signatory to the UN Convention on the Rights of the Child, the British government is required to prioritise the best interests of the child in all actions concerning children, including legislative decision-making. We believe this inquiry by the Joint Committee on Human Rights (JCHR) into the Policing and Crime Bill should closely examine the implications of the proposals set out in the bill as well as identifying opportunities to improve measures to better protect vulnerable children under the age of 18.

This submission focuses primarily on matters relating to Child Sexual Exploitation (CSE) and suggests changes to the Bill that would enable early intervention to disrupt CSE and provide post-trauma support to children who become victims. Our response is informed by our recent research on this issue as well as learning from our practice base. The proposed amendments to this Bill are designed to bring criminal law in line with safeguarding practice and child protection legislation. Currently these are not aligned and young people who are experiencing sexual exploitation and receiving help and support from safeguarding services may be told that the perpetrator cannot be prosecuted. This denies them justice but also sends out a dangerous message suggesting that society does not take what has happened to them seriously.

Key changes we would like to see in the Bill:

• Protecting 16 and 17 year olds from neglect. The age in which someone can be a victim of child abuse and neglect should be raised to protect 16 and 17 year olds.

• The relationship between children and the police. We welcome the inclusion the clause on training but believe that it is important that clear guidance is given on the level of training required before the person can be designated additional powers or duties and that the requirement include the training on working with children and vulnerable children in particular.

• Extending Child Abduction Warning Notices (CAWNs) to Vulnerable 16 and 17 Year Olds. We believe that the group of 16 and 17 year olds in relation to whom CAWN can currently be used is not wide enough. This makes it very difficult for police and social services to protect vulnerable 16 and 17 year olds.

• Coercive and controlling behaviour. The Bill should make provision for an offence of coercive and controlling behaviour in relation to 16 and 17 year olds in sexually exploitative relationships.

• Securing therapeutic support for victims of child sexual abuse. There is an opportunity through this Bill to strengthen the legal framework to ensure that children who have been sexually abused and/or exploited receive a comprehensive specialist initial assessment and a referral to appropriate services providing evidence-based interventions according to their need.

Relevant UNCRC articles:

• Article 19 (protection from violence, abuse and neglect) Governments must do all they can to ensure that children are protected from all forms of violence, abuse, neglect and bad treatment by their parents or anyone else who looks after them.

• Article 24 (health and health services) Every child has the right to the best possible health. Governments must provide good quality health care, clean water, nutritious food, and a clean environment and education on health and well-being so that children can stay healthy. Richer countries must help poorer countries achieve this.

• Article 34 (sexual exploitation) Governments must protect children from all forms of sexual abuse and exploitation.

• Article 35 (abduction, sale and trafficking) Governments must protect children from being abducted, sold or moved illegally to a different place in or outside their country for the purpose of exploitation

• Article 39 (recovery from trauma and reintegration) Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life.

Neglect of 16 and 17 year olds

16 and 17 year olds are more likely to be recorded as ‘children in need’ because of abuse and neglect than any other age group but do not get the same level of legal protection as children under this age group. The benefits system and the lower minimum wage also means that it is very difficult for most 16 -17 year olds to live independently. Over 90% of 16 and 17 year olds live with their families, so they can be subject to neglect.[i] In addition, a report by the Office of the Children’s Commissioner estimates that 7,260 16 and 17 year olds are at risk of child sexual exploitation each year[ii].

Article 1 of the UNCRC recognises someone as being a child until the age of 18 and The Children Act 1989 defines a child as anyone who is under the age of 18 and recognises that children who are 16+ are as vulnerable to abuse and neglect as younger children. Despite the legislation being clear about this, too many Government policies currently assume a child’s rights stop on their 16th birthday. This makes it much harder to protect 16-17 year olds from cruelty and sends a message that they do not require the same protection as younger children.

The JCHR previously supported calls to extend the age in which child cruelty offences apply from 16 to 18 and wrote to the Government about this matter. When the Government responded that 16 and 17 year olds can get married and live independently and therefore generally need less protection the committee noted the following:

“We are not persuaded by the Government's justification for continuing to exclude 16 and 17 year olds from the protection of the child cruelty offence”

Recommendation: The age in which someone can be a victim of child abuse and neglect should be raised to protect 16 and 17 year olds.

Child sexual exploitation

“CSE always involves an abuse of adult power in relation to young people, a lack of respect for their development and a denial of their rights[iii]”

Child sexual exploitation is a horrific crime, with lifelong consequences for victims. In the past year, we calculate that there were more than 40,000 reported crimes of a sexual nature committed against children[iv]. The Government has repeatedly said that this is a key priority, and last year the Prime Minister gave child sexual abuse the status of a “national threat” in the Strategic Policing Requirement[v]. However, much more needs to be done so that victims receive the therapeutic support they need, perpetrators are brought to justice, and local agencies work together effectively to keep children safe from harm.

Whilst the Bill makes provision to “combat the sexual exploitation of children”, it only contains one substantial measure on this issue. (It extends the definition of child sexual exploitation to incorporate live streaming of abuse (Part 9, 107)). Whilst this change is very welcome, we believe the Bill is a crucial opportunity for the government to address wider issues to tackle this form of abuse and to strive to meet its obligation under Article 34 of the UNCRC to protect children from all forms of sexual abuse and exploitation.

The relationship between children and the police

Attention also needs to be given to the relationship between young people and the police. Our recent analysis of the Crime Survey for England and Wales[vi] showed that for 16 and 17 year olds, reasons for not reporting sexual assaults to the police included not thinking that it was ‘worth reporting’, anxiety about having to go to court, fear of not being believed, and not wanting the perpetrator(s) to be punished.

As a society we need to consider why young people, and especially girls, feel that they cannot go to the police to report sexual offences. The police already work closely with many schools but often this work is about preventing crime rather than building the relationships necessary to make young people confident enough to know when a crime has been committed and report it.

• Training of police civilian staff and police volunteers

The bill makes provisions for chief police officers to designate a relevant employee as a community support officer or a policing support officer and impose on a designated person power or duty of a constable or a community support officer. The bill in Clause 29 specifies that the College of Policing may issue guidance about the training to be undertaken by such designated persons.

Recommendation: We welcome the inclusion the clause on training but believe that it is important that clear guidance is given on the level of training required before the person can be designated additional powers or duties and that the requirement include training on working with children and vulnerable children in particular.

Child Abduction Warning Notices

The Policing and Crime Bill reforms police powers and specifically looks at Child Sexual Exploitation, making it the perfect opportunity to review the current lack of police powers to intervene and disrupt inappropriate contact between a vulnerable 16 and 17 year old and a person who may be grooming them for sexual or criminal purposes.

Child Abduction Warning Notices (CAWNs) are an early intervention and disruption tool used by the police as an effective way of disrupting contact between a vulnerable child and a predatory adult where there are concerns that the child may be at risk of harm, sexual exploitation, involvement in crime or there are other risks posed by an adult.

Issuing a CAWN is often part of on-going police investigations; they make it impossible for a potentially abusive adult to claim that they did not know that the person they were in contact with was a vulnerable child. This can be used as evidence in court if any later abuse or other crime takes place. This is particularly helpful in cases when a child does not recognise that they are at risk or is not prepared to disclose abuse so are unlikely to go to the police themselves.

• Extending Child Abduction Warning Notices to Vulnerable 16 and 17 Year Olds

Currently, a Child Abduction Warning Notice (CAWN) can be used to protect all children under 16. They can also be used to protect certain vulnerable groups of 16 and 17 year olds: those formally taken into care under section 31 of the Children Act 1989; those subject to an emergency protection order; or those in police protection. It is a common misconception, this is often a surprise to social workers and services when they first encounter it, that all children in care can be protected by a CAWN. This is not the case.

We believe that the group of 16 and 17 year olds in relation to whom CAWN can currently be used is not wide enough. This makes it very difficult for police and social services to protect vulnerable 16 and 17 year olds. Last annual statistics available shows that only 190 children aged 16-17 were taken into care by their local authorities under Section 31 (and can be protected by a CAWN). However, a further 4,320 young people of that age became looked after by their local authorities[vii] and won’t be able to receive this form of protection.

This means that, with the way CAWNs are currently implemented, only a very small minority of children in care – an exceptionally vulnerable group – can be properly protected and thus creates a two-tier system of protection within the care system. The provision as it currently stands protects only a tiny minority of vulnerable 16 and 17 year olds.

Case Study:

Young person who presented to the local authority as at risk of homelessness was provided with accommodation in the supported accommodation unit. The accommodation was targeted by men who knew about the vulnerability of young girls placed there. The young person started going missing regularly and displaying indicators of sexual exploitation. But she was not prepared to make formal disclosure. Despite the police and other services being worried about this young person, it was not possible to disrupt contact between the child and suspected exploiters as the child was 17 and not taken into care under Section 31.

There is a vital opportunity to extend the provision of CAWNs to cover other vulnerable groups of 16 and 17 year olds such as: vulnerable children aged 16 and 17 who live outside their families; those assessed by children’s services to be ‘children in need’; and children subject to a child protection plan. Such extension would enable the police to apply Child Abduction Warning Notices to protect very vulnerable 16 and 17 year olds.

One proposed amendment to the Policing and Crime Bill would enable CAWNs to be applied to a wider group of vulnerable 16 and 17 year olds. Introducing this measure will also facilitate the government’s duty under Article 19 and 34 of the UNCRC to protect children from abuse and from all forms of sexual abuse and exploitation.

The change proposed would not in any way alter the way CAWNs are used by the police currently and it will remain a speedy way to intervene early. The change is aimed only at extending the provision to cover all vulnerable children aged 16 and 17.

Recommendation: We believe the Bill should make provision to allow the use of Child Abduction Warning notices to protect vulnerable 16 and 17 year olds who go missing from being targeted by predatory individuals.

CAWNs are best used as an early intervention and disruption tool, protecting vulnerable children and if breached can form an evidence base for further action. They are currently not statutory and therefore are a vital early intervention tool for police. It is important that if a CAWN is broken, the police are able to escalate their response using other tools - Sexual Harm Prevention Orders (SHPOs) and Sexual Risk Orders (SROs) - both of which are legally enforceable.

SROs require higher evidential level of proof and therefore cannot be used early on to disrupt a contact between a child and an adult posing risk to that child. CAWNs are effective and speedy tool of disrupting sexual exploitation early and need to be available to protect vulnerable 16 and 17 year olds. The evidence from the police to the Inquiry into effectiveness of the Sexual Offences Act 2003 also indicated that the police would like to see the change in the law to enable them to apply the Child Abduction Warning Notices in relation to vulnerable children up to the age of 18[viii].

Coercive and controlling behaviour

We welcome the recent changes that came through the Serious Crime Act 2015 which created an offence of coercive and controlling behaviour in relation to domestic violence. This means to protect vulnerable individuals in intimate and family relationships and suffering domestic violence without having to prove specific instances of sexual or physical violence.

With 16 and 17 year old victims of child sexual exploitation, there is difficulty with the perceptions of this group as they can consent to sex, but can still be victims of sexual exploitation. This leaves a lot of confusion among police and legal professionals in regards to prosecuting these cases.

We believe that this legislation could be extended to protect 16 and 17 year olds coercion and control through drugs and alcohol or through fear, for the purposes of sexual exploitation. This Bill should extend the current definition of coercive and controlling behaviour also applies in exploitative non-familial relationships and can specify the role of alcohol and drugs to coerce young people.

Recommendation: The Bill should make provision for an offence of coercive and controlling behaviour in relation to 16 and 17 year olds in sexually exploitative non-familial relationships.

The devastating impact of sexual abuse on children’s mental health

Children who have been subjected to horrendous crimes such as sexual abuse and exploitation can experience life-long difficulties often around issues like drug and alcohol abuse, mental health, homelessness, gang affiliation or disabilities.

In 9 out of 30 sexual abuse cases examined as part of The Children’s Society’s report Old enough to know better?  There were mentions of young people needing intervention from mental health services because of concerns about their well-being, self-harming episodes, suicide attempts or even episodes of psychosis that required in-patient interventions. The remaining cases may not have specifically mention mental health services but referred to the young persons feeling low, depressed, anxious, fearful, or having flashbacks of their abuse.

Case study: Ruby's story

The Children’s Society have been helping 16 year old Ruby who has been directly affected by Child Sex Exploitation (CSE). Ruby came to The Children’s Society because she had been sexually exploited, being gradually groomed and was given drugs in exchange for sexual favours. The grooming started at around the age of 14. This young person also has a history of her own child’s bereavement. Her social worker referred her to CAMHS with the intention of getting her emotional support for both the bereavement and CSE. CAMHS responded by offering an appointment after many weeks on a waiting list. However, as this young person is difficult to engage she did not attend at the given time. She was subsequently discharged for not attending.

It is not the case that young people cannot recover from abuse and trauma. With the right therapeutic support, including counselling or psychotherapy, children can rebuild their childhood and achieve positive outcomes through to their adult life.

The need for improved access to therapeutic support

With many mental health problems starting in adolescent years and clear evidence that they are more prevalent among young people who deal with a range of negative and traumatic experiences, the need to address access to mental health support for vulnerable children and adolescents is evident.

The UNCRC requires states to strive to ensure that no child is deprived of his or right to access health care services[ix]. Yet in our experience, we know that far too many vulnerable young people, including victims of sexual abuse and exploitation, struggle to get access to appropriate and timely support from Child and Adolescent Mental Health Services (CAMHS).

Our ‘Access Denied’[x] report finds that approximately 200,000 young people aged 10 to 17 are referred to specialist mental health services each year across the country. Of them 30,000 were not accepted and not signposted to other services. The report found that access to therapeutic support for victims of sexual abuse or exploitation is patchy across the country. Only 11% of CAMHS have in place procedures to prioritise access for victims of child sexual exploitation and in some areas these services are unwilling to support young people who are still receiving safeguarding services, going through legal proceedings, or are not yet displaying the symptoms of a diagnosable clinical condition.

Under Article 39 of the UNCRC, states are expected to provide specialist support, including physical and psychological support, to help children who have been victims of abuse and neglect recover from their trauma and be reintegrated into society. In many cases, children and young people are not offered this type of comprehensive support for the very fact that their mental health needs are related to their experiences of trauma. It is too often the case that these young people’s safeguarding needs eclipse their need for access to mental health support.

It is clear that the current system is failing too many of the most vulnerable young people. Alongside the safeguarding response, it is vital that the child gets all the help they need to recover from emotional trauma associated with experiences of abuse, neglect, violence or sexual exploitation.

The commissioning landscape for mental health services for young people is complex, with some services being commissioned by Police and Crime Commissioners and others through Mental Health Trusts via CAMHS. Rising clinical thresholds for these services and a dearth of appropriate provision for children who have been abused mean that children who experience sexual abuse or exploitation often do not receive the professional support they need to deal with this trauma unless they have already reached ‘crisis point’.

One proposed amendment to the Policing and Crime Bill would enact the recommendation in the Government’s Future in Mind report1, by ensuring that young people who have been sexually abused receive an initial assessment of their needs by the local Child and Adolescent Mental Health Service (CAMHS). This would ensure child victims of sexual abuse receive the mental health support they need and would address the fundamental problem that as things stand victims too often have poor access to the therapeutic support they need.

Recommendation: The Policing and Crime Bill should be amended to ensure that children who have been sexually abused and/or exploited receive a comprehensive specialist initial assessment and a referral to appropriate services providing evidence-based interventions according to their need.

References