CHAPTER 34: Sexual Exploitation

AMENDMENT

This chapter was revised in August 2010 to include a link to the Safeguarding Children and Young People from Sexual Exploitation (issued by the former Department for Children, Schools and Families in June 2009) and to change the use of the term 'prostitution' to 'sexual exploitation'.

Introduction
Legal Position
Aim of Intervention
Recognition
Response
Referral
Child Protection Enquiries
Child Protection Enquiry: Threshold Not Reached
Children in Care Subjected to Sexual Exploitation
References and Further Reading

1. Introduction

1.1	Sexual exploitation of children is child sexual abuse and often also involves physical and emotional abuse. Neglect may also be a significant feature of the care of the child.
1.2	This form of abuse involves the exchange of sexual activities by children for commodities such as money, drink, drugs, shelter, protection, accommodation etc. It is often perpetrated by an adult through violence or threats of violence and may include prostitution, pornography and abusive images (see also Abusive Images of Children & Information Communication Technology).
1.3	Sexual abuse involves the exploitation of both girls and boys under the age of 18 and the children involved must be regarded as potential victims of abuse. Children do not make 'informed' choices to enter or remain in sexual exploitation, but may do so from coercion, enticement, manipulation or desperation.
1.4	This procedure should be read in conjunction with the Sexually Active Children Procedure.

2. Legal Position

2.1	Prostitution is not of itself illegal, though there are offences that make selling or buying sexual services on a street or in a public place illegal.
2.2	Girls and boys under the age of 16 cannot lawfully (though may in practice) consent to sexual intercourse. Anyone engaging in sexual activity (as defined in The Sexual Offences Act 2003) with a child under the age of 16 is committing an offence. Children under 13 years of age are presumed to be incapable of consent to sexual activity and specific offences, including rape, exist for child victims under this age.
2.3	Enforcement of relevant law should be applied to abusers and coercers.
2.4	The police CAIU, as a function of its expertise in working with children, has an important contribution to this multi-agency work, even where police responsibility lies elsewhere.
2.5	Only rarely will it be appropriate for the child to enter the criminal justice system and then only if aged 16 and over, when all attempts to divert the child have failed and, after inter-agency discussion, in full knowledge of her/his circumstances.
2.6	'The Sexual Offences Act 2003 introduced in Section 47 -50 a range of child-specific measures that make it a serious criminal offence to: Pay for the sexual services of a child Cause or incite child prostitution (or pornography) Control a child prostitute or a child involved in pornography Arrange or facilitate a child prostitute or pornography Cause or incite prostitution for gain Control prostitution

3. Aim of Intervention

3.1

The aims of intervention by agencies are to:

Identify any child in the sex industry, including prostitution and the production or promotion of abusive images of children
Help the child understand the physical and emotional dangers of these activities
Identify and prosecute those adults involved in either coercing or abusing the child
Protect the child from further abuse and to support her/him out of prostitution

3.2

A child involved in prostitution and other forms of commercial sexual exploitation should be treated primarily as the victim of abuse, and as such her/his needs require careful assessment.

3.3

All agencies should establish whether those who are known to pay for sex with children are themselves parents or carers of children. If this is the case an assessment of the needs of those children should be considered, including whether they are at risk of, or are suffering, Significant Harm.

4. Recognition

4.1

Parents, carers (including foster carers and staff in children's homes), teachers and youth workers must be alert to the following behaviours that may indicate a child's involvement (or 'grooming' for involvement), but are not conclusive signs in themselves:

Physical symptoms such as sexually transmitted diseases, or bruising consistent with physical or sexual assault
Reports from reliable sources that a child has been seen soliciting or noticed in places where soliciting occurs
Being contacted by unknown adult men outside the child's usual range of social activities
Development of a relationship, usually with someone older, who encourages emotional dependence and controls the relationship by violence and threats
Persistent absconding or late return with no plausible explanation (also see Missing Child, Adult or Family Procedure).
Returning after being missing, looking well cared for without a known base
Being picked up by unauthorised adults in cars
Acquisition of money or possessions with no plausible explanation
An adult loitering outside the home to meet up with the child
Having keys to unknown premises
Self harming behaviour
Substance, drug and alcohol abuse

4.2

The most common pre-disposing factors associated with a child becoming involved in prostitution are low self esteem and a history of being a victim of abuse.

5. Response

5.1	Parents should report concerns to Children's Social Care or the CAIU.
5.2	Foster carers should report concerns to their supervising social worker or the child's social worker.
5.3	Staff in children's homes must report concerns to the manager of the home, who must refer the concern to the child's social worker.
5.4	Uniformed police or CID officers may become aware that a child is involved in prostitution through the course of their duties. Unless immediate action is required to provide protection they should inform the CAIU and Children's Social Care.
5.5	Health professionals, youth workers and teachers should consult their designated / named agency child protection professional and subsequently refer to Children's Social Care.
5.6	Professionals and volunteers involved with young people may have developed a trusting relationship with the child and be concerned that a referral to Children's Social Care will result in the child withdrawing from support services e.g. contraception, counselling or substance misuse treatment.
5.7	The professional must share their dilemma with the lead child protection professionals within her/his own agency. Some agencies may have officers specifically nominated to lead on child prostitution.

6. Referral

6.1	Whenever there is a suspicion that a child is involved in prostitution or commercial sexual exploitation a referral must be made to Children's Social Care or the CAIU.
6.2	The professional identifying concerns should seek consent from the child or her/his parents unless this may: Place the child at risk of further Significant Harm e.g. alienate her/him from intervention or services Jeopardise a criminal investigation by alerting the alleged offender
6.3	When making a referral as much information as possible about the young person and about their location should be provided. Even where the young person's name is not known, providing any details can help her/him to be identified, as s/he may already be known. Such information may include the following: Name or nickname Description of young person, including physical appearance and possible age. Description and/or names of peer associates Description and/ or names of adult associates who may be involved in the abuse/exploitation of the young person School Any other agency that may already be involved with the young person Address or location where observed and any other relevant information e.g. regular 'hangouts' If the young person has been observed entering a car, a description of the car and car registration number would assist in locating the young person and their pimps/abusers.
6.4	Where it is apparent that a child is being immediately abused and exploited or subjected to violence or coercion by pimps or `clients`, a referral should be made immediately to the police.
6.5	All referrals must be shared between Children's Social Care and CAIU and should be regarded as 'Children in Need' who may be at risk of Significant Harm. This discussion will determine within 24 hours of the referral whether: The child is a child in need, at risk of sexual exploitation and an assessment of her/his needs is required (s.17 response) Whether the child is suspected of being at risk of significant harm (Section 47 response) Immediate protective action is required

7. Child Protection Enquiries

Threshold for Section 47 Enquiry
7.1	The minimum threshold for Section 47 Enquiries is: An immediate risk of Significant Harm Concern that prostitution / sexual exploitation is being actively encouraged or facilitated by a parent / carer Concern that prostitution / sexual exploitation is facilitated by the parent / carer failing to protect the child Concern that a related or unrelated adult, in a position of trust or responsibility to the child, is organising or encouraging sexual exploitation Concern about coercion by peers
7.2	The younger the child the more likely it is that child protection procedures will be appropriate.
7.3	As with all referrals child protection procedures should be initiated at any point that it is recognised that the threshold has been met and a Strategy Discussion, and usually a meeting, held.
Section 47 Enquiry Strategy Discussion
7.4	Where the threshold for Section 47 Enquiries is met, a Strategy Discussion (usually a meeting) must be held.
7.5	An appropriate Children's Social Care service manager should chair the meeting. Attendance at the meeting should include: The referrer, if a professional CAIU and other relevant police units The community paediatrician Lead officers / designated / named officers from Education and Health Social worker / duty officer Team / duty (if case not allocated) Children's Social Care manager Other relevant professionals e.g. school nurse, GP, designated teacher, residential Lead Social Worker / manager, YOT worker, Connexions personal adviser, voluntary agency worker, sexual health services, housing
7.6	In planning any intervention the strategy meeting must: Treat the child primarily as a victim of abuse and consider the need for immediate protection Provide the child with strategies to leave prostitution Consider the police role to investigate and prosecute those who coerce, exploit and abuse children Plan to assess the needs of any children in regular contact with those who abuse children
7.7	See also Section 5, Strategy Discussion, of the Section 47 Enquires Procedure.

8. Child Protection Enquiry: Threshold Not Reached

8.1	Where the threshold for Section 47 Enquiries has not been met an Initial Assessment must be completed within 10 working days of the referral.
8.2	It will be helpful to hold a multi-agency planning meeting, including the referrer and all professionals relevant to the child and family, including the police.
Multi-agency Meetings
8.3	The chair and professional attendance should be the same as for a Strategy Discussion.
8.4	Following careful consideration of the implications for the safety of the child, wherever possible, the parent/s and child should be invited to the meeting. If they are not present the meeting must consider when and how they will be informed.
8.5	The meeting should be sensitive to the views of a young person who may be seeking a confidential service.
8.6	The purpose of this meeting is to: Share and clarify information Establish the exact nature of the concerns Establish risks for any other children Consider if a Section 47 Enquiry is required Consider the likelihood of prosecution of relevant adults Agree on action and make recommendations to address the concerns, provide a support plan (using the format of the ICS child's plan) for child and parents and an exit strategy
8.7	The following issues must be considered: The needs of the young person and what arrangements may be necessary for his or her own safety Who will have responsibility to contact, as appropriate, the young person and their parents / carers? How to co-ordinate the arrangements for the young person's safety with any criminal investigation How arrangements for continuing protection and diversion will be taken forward The need for a multi-agency Core Assessment and roles of each agency within this If appropriate, how to involve the young person in this process Other young people potentially at risk Any information known about the alleged abuser
8.8	Consideration should be given to the use of a Family Group Conference to devise and review the support plan. Unless no further action is agreed or child protection procedures are invoked, review meetings should be held at least every 3 months.

9. Children in Care Subjected to Sexual Exploitation

9.1	When a referral is received regarding a Child in Care, the social worker must immediately inform their line manager and the Children's Social Care safeguarding manager.
9.2	The multi-agency planning meeting or Section 47 Strategy Discussion must consider the additional factors: Risks to other children in placement Whether the child should remain in placement The feasibility of controlling the child's movements and the likely effects of doing so
9.3	Meetings must consider and record the appropriateness and method of informing the child's parent/s. If a child is Accommodated, parent/s must be informed of all significant matters. If a child is subject to a Care Order, generally parent/s should be informed and the rationale for any decision not to inform them should be recorded on file.
9.4	Any strategy in the support plan that has implications for restriction of liberty or confiscation of property must have the written agreement of the service manager.
9.5	The support plan will form part of the Care Plan for the child and Pathway Plan in the case of care leavers.
Involvement of Groups of Children in Care
9.6	Where there is knowledge or suspicion that children in care are involved together or being controlled by the same person there will need to be: Consideration of the need for the applicability of complex abuse procedures Efforts made to ensure that strategy meetings and /or multi-agency planning meetings on different children result in consistent plans Involvement of a consistent chair for the meetings, possibly the lead officer for child sexual exploitation or safeguarding manager

10. References and Further Reading

Safeguarding Children and Young People from Sexual Exploitation (issued by the former Department for Children, Schools and Families in June 2009)

Barnardos (l998) Whose Daughter Next? Children Abused through Prostitution.

YWCA (l999) The Youngest Females in the Oldest Profession: a study of 100 prostitutes in East London.

Melrose M (l999) One Way Street? Retrospectives on Childhood Prostitution. The Children Society.

YWCA (2002) Not a game: young women and prostitution.

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