5.6 Working with sexually active young people
- 1. Introduction
- 2. The Legal Framework
- 3. Confidentiality
- 4. Assessment
- 5. Making a Referral to Local Authority Children’s Services
- 6. Sharing Information with Parents / Carers
- 7. Advice, Information and Support
- Appendix 1
Cases of underage sexual activity are likely to raise difficult issues for practitioners, and need to be handled with particular sensitivity. The Sexual Offences Act 2003 sets out the law in relation to all children and young people under 16 who legally cannot consent to sex, but makes a separate distinction for children under 13 for whom any sexual activity should be considered to put a child at risk of serious harm. However, we recognise that most young people aged over the age of 16 will have a healthy interest in sex and sexual relationships.
Therefore this procedure is designed to assist staff to identify where sexual relationships may be abusive and whether a child or young person may need the provision of protection or additional services in relation to sexual activity. Sexual relationships can be abusive for a number of reasons, but primarily it is associated with a power imbalance. This may be due to a child, young woman or young man’s mental ill health, psychological problems, emotional immaturity, physical disability, learning disability or other communication difficulty, substance misuse, low self-esteem or other vulnerability. It may also reflect differences in age, size, or development between the partners. The partner may have psychological problems, or a personality disorder, or they may be in a position of trust in relation to the child or young person. It may be a combination of these factors.
2. The Legal Framework
The Sexual Offences Act 2003
The following information, based on the Sexual Offences Act 2003, provides an outline of the law in relation to children and young people under the age of 18 years old.
2.1 Children under the Age of 13
Sexual activity with a child under the age of 13 is illegal, as under the law s/he is not considered able to consent to such behaviour. Any type of sexual activity therefore, is considered as risk of Significant Harm to the child.
In all cases where a practitioner becomes aware that a young person under the age of 13 is sexually active they should discuss it with the named practitioner in their agency. They should also inform their line manager. The practitioner or their manager should then contact either the Public Protection Unit or Local Authority Children’s Services to discuss the situation.
Action to be taken when a child under 13 is found to be pregnant will be informed by the in-house protocols of Local Authority Children’s Services and Police, but such girls should always be the subject of a referral.
2.2 Children and Young People aged 13-15
Sexual activity with a child under 16 is also an offence. Where the young person is in agreement it may be legally less serious than if the child was under 13, but nevertheless it may have serious consequences for the welfare of the young person. Consideration should be given in every case of sexual activity involving a child or young person aged 13 - 15, as to whether there should be a discussion with other agencies, and whether a referral should be made to Local Authority Children’s Services (see Contacts and Referrals). The practitioner involved should make this assessment, in consultation with their line manager, using the Assessment (see Assessment ).
Within this age range, the younger the child the stronger the presumption must be that sexual activity should be a matter of concern. Cases of concern should be discussed with the nominated child protection lead within the agency, and subsequently with other agencies if required. Where confidentiality has been provisionally offered, a discussion can still take place without identifying the child (directly or indirectly). Where there is reasonable cause to suspect that Significant Harm to a child has occurred or might occur, there would be a presumption that the case is reported to Local Authority Children’s Services. A Strategy Discussion should be held to discuss appropriate next steps. The Police should also become involved at this stage, through this process. Again, all cases should be fully documented and include detailed reasons where a decision is taken not to share information. See Information Sharing.
In some cases a decision may be made by the Police and the Crown Prosecution Service, to prosecute in conjunction with the other agencies involved, for example in the case of a 30 year old man having sex with a 14 year old child. If so, the Police should liaise with all the agencies involved and keep them informed, as much as they are able, about relevant information about the investigation.
2.3 Young People over 16 and under 18 Years Old
Although sexual activity in itself is not an offence over the age of 16, young people under the age of 18 are still offered protection under the Children Act 2004, if required. Consideration needs to be given to issues of sexual exploitation through prostitution and abuse of power in circumstances outlined above. Young women and men can be subject to offences of rape and assault. If such an incident occurs, the circumstances should be explored with them and reported to the Police, as appropriate. If a practitioner is concerned a young woman or young man is being sexually exploited, see Safeguarding Children Abused through Sexual Exploitation Procedure for more information.
Young women and men over the age of 16 and under the age of 18 are not deemed able to give consent if the sexual activity is with an adult in a position of trust or a family member, as defined by the Sexual Offences Act 2003. It is also illegal for someone to have sex with a person who has a mental disorder that impedes choice.
2.4 The Modern Slavery Act 2015
Section 2 of The Modern Slavery Act 2015 states that a person commits an offence if they arrange or facilitate the travel of another person, to exploit them. It is irrelevant whether the exploited person, adult or child, consents to the travel. A person may arrange or facilitate the exploitation of another by recruiting them, transporting or transferring them, harboring or receiving them, or transferring or exchanging control over them. This law has been successfully used to prosecute perpetrators who have taken children to hotels for the purpose of sexual exploitation.
2.5 The Serious Crime Act 2015
This Act amends the Sexual Offences Act and introduces measures to enhance the protection of vulnerable children and others, including a new offence of sexual communication with a child, which covers communicating with a child through use of the internet and social networking.
2.6 Disruption and prosecution of perpetrators
The use of a Child Abduction Warning Notices (CAWN) under section 2 of the Child Abduction Act 1984 and Section 49 Children Act (previously known as Harbourer’s Warnings). A CAWN can be served on a person to prevent them having any contact with a child under 16 years old (or 18 years old, if the child is subject to a Care Order). The child’s age is clearly stated on the CAWN, so the alleged perpetrator cannot claim that they did not know the age of the child.
Sexual Risk Orders & Sexual Harm Prevention Orders (can be used to limit internet use, prevent an individual from approaching a child, etc) Breach is punishable by fine and/or imprisonment.
In working with children and young people, it must always be made clear to them at the earliest appropriate point that absolute confidentiality cannot be guaranteed. This is because there may be some circumstances where their needs can only be safeguarded by sharing information with others (see Information Sharing).
This discussion with the young person may prove useful as a means of emphasising the gravity of some situations.
On each occasion that a child or young person is seen, consideration should be given to whether their circumstances have changed or further information is given which may lead to the need for referral or re-referral.
In some cases urgent action may need to be taken to safeguard the welfare of a young person. However, in most circumstances there will need to be a process of information sharing and discussion in order to formulate an appropriate plan. There should be time for reasoned consideration to define the best way forward.
The following factors should be considered when assessing whether a child or young person is at risk of harm because of involvement in sexual activity:
- The age of the child - sexual activity at a young age is a very strong indicator that there are risks to the welfare of the child (whether boy or girl) and, possibly, others;
- The level of maturity and understanding of the child;
- What is known about the child’s living circumstances or background;
- Age imbalance - in particular where there is a significant age difference;
- Overt aggression or power imbalance;
- Coercion or bribery;
- Familial child sex offences;
- Behaviour of the child i.e. Withdrawn, anxious;
- The misuse of substances as a dis-inhibitor can make a child particularly vulnerable
- Whether any attempts to secure secrecy have been made by the sexual partner, beyond what would be considered usual in a teenage relationship;
- Whether the child denies, minimises or accepts concerns;
- Whether the methods used to involve a child or young person in sexual activity are consistent with the grooming process; and
- Whether the sexual partner/s is known by one of the agencies.
- Peer on peer abuse: While the phenomena of peer-on-peer abuse can affect children of any age, research shows that it is primarily concerned with children from the age of 10 upwards. In most cases peer-on-peer abuse seems to occur at an age when young people socialise, form relationships with a reduction of adult supervision. Young children living in care are considered to be more vulnerable to being abused by their peers.
Anyone concerned about the sexual activity of a child or young person should initially discuss this with the practitioner or specialist unit in their agency responsible for child protection. All discussions should be recorded and the Child Sexual Exploitation Multi-agency Screening Tool may be completed, giving reasons for action taken and who was spoken to, as support for the practitioner decisions made. It is important that all decision-making is undertaken with full practitioner consultation, never by one person alone.
In cases of concern, when sufficient information is known about the sexual partner/s, the practitioner should check with other agencies, particularly the police to see what information is known about them. The police should be able to share this information if the agency requests this, without launching a full investigation.
5. Making a Referral to Local Authority Children’s Services
Depending on the nature of the concern regarding the possibility that a child or young person is at risk of being sexually exploited, the following actions should be taken.
If a worker is concerned that a child is suffering or likely to suffer Significant Harm, a referral to Surrey Children's Single Point of Access (C-SPA) must be made as soon as possible using the Surrey Children's Services Request for Support Form
Following any referral to Local Authority Children’s Services there may be one of these responses:
- No further action is deemed necessary;
- A Child and Family Assessment undertaken which may identify the young person as a Child in Need and additional services provided;
- A Child and Family Assessment undertaken which may identify the young person as a child suffering or likely to suffer Significant Harm and in need of Child Protection intervention.
- If there is evidence that a child has been trafficked for exploitation, the local authority or Police force may make a referral to the National Referral Mechanism (NRM).
Multi-agency meetings should take place either as part of child protection, or Child in Need requirements.
Wherever possible, appropriate support should be offered and agencies should continue to offer the services provided, either as a single agency if there is no other agency involvement, or in the multi-agency arena.
6. Sharing Information with Parents / Carers
Decisions to share information with parents / carers will be taken using practitioner judgement, following discussion with the child or young person and in consultation with other involved agencies. Decisions will be based on their age, maturity and ability to appreciate what is involved in terms of the implications and risks to themselves. Their relationship with their parents / carers, and the nature of the sexual relationship should also be considered when making a decision, as well as the parents’ / carers’ ability and commitment to protect their child.
Given the responsibility that parents have for the conduct and welfare of their children, practitioners should encourage the child or young person, at all points, to share information with their parents wherever it is safe to do so. See also: Information Sharing
7. Advice, Information and Support
If a young person has admitted sexual activity to a practitioner but there are no causes for concern, the following discussions should take place with them:
- Risk of pregnancy and contraceptive advice;
- Sexually transmitted infections;
- Safer sex;
- Emotional response to being involved in a sexual relationship.
Information leaflets should also be provided to the young person and referral to local specialist agencies for further support may also be necessary, for example:
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