Section 3 - What to do to protect children in specific circumstances
3.1 The child protection procedures outlined in Section 1 apply in every situation and all settings where there are concerns about the welfare of a child. This includes children living away from home as well as with their family, and relates to concerns about abuse by other children as well as a range of adult carers and other professionals. Concerns can also relate to abuse that has happened in the past, as well as to contemporary events.
3.2 This section outlines some special considerations that apply to safeguarding children in a range of specific circumstances.
NB: More detailed guidance for agencies and employers dealing with allegations against people who work with children can be found in Appendix 5 of Working Together to Safeguard Children 2006 and in Appendix 11 of these procedures.
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General principles
3.3 All agencies should have in place a procedure for managing suspicions and allegations of abuse by staff working in residential and day care settings, including foster carers, prospective adopters, child minders, home carers and volunteers.
3.4 ‘Abuse’ in this context is not limited to allegations involving ‘significant’ harm or risk of ‘significant’ harm. Rather, child protection procedures must be followed in respect of any allegation that a person who works with children has, in connection with their employment or voluntary activity:
- behaved in a way that has harmed a child, or may have harmed a child
- possibly committed a criminal offence against or related to a child
- behaved towards a child or children in a way that indicates s/he is unsuitable to work with children
3.5 If it is suspected that a person working with children has behaved in any of these ways, their managers must not investigate the matter themselves but must immediately make a referral to the Children’s Social Care Safeguarding Unit, following Section 1 of these procedures.
3.6 If concerns arise about the person’s behaviour in regard to their own children, the police and/or Children’s Social Care must consider whether to inform the person’s employer in order to assess whether there may be implications for children with whom they have contact at work, or for whom they are caring at home.
3.7 All agencies should be aware of three related but independent strands of the enquiries which may need to be made. Each aspect must be thoroughly assessed, and a definite conclusion reached:
- section 47 enquiries, led by Children’s Social Care, where a child is suspected to have suffered, be suffering or likely to suffer significant harm
- criminal investigations by the police to establish whether an offence has been committed
- disciplinary enquiries by the employing agency to ascertain whether misconduct or gross misconduct by staff has occurred. The appropriateness of suspension should be considered and where the child is cared for by a foster carer or prospective adopter, formal review of their continued caring.
3.8 Agencies should also provide support to staff and carers and prospective adopters against whom such allegations have been made.
3.9 Investigations into allegations relating to a member of the local authority’s own staff, or a foster carer, or a prospective adopter, should be carried out in a way that ensures the independence of the service. See Appendix 20 for further guidance
3.10 The fact that a person may tender their resignation, or cease to provide services (e.g. as a volunteer), rather than face disciplinary action must not prevent an allegation being followed up, and a conclusion reached, in accordance with these child protection procedures.
3.11 In cases of suspected abuse by adults who work with children, the strategy discussion will be convened and chaired by the Safeguarding Unit.
3.12 The purpose of the strategy discussion is similar to that held in all cases of suspected abuse (as outlined in Section 1 of these procedures) and will involve the same relevant professionals, but will include, additionally, the line manager or appropriate representative of the individual under suspicion, including HR.
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3.13 Any person who makes or receives an allegation about a member of staff should report the matter immediately to the Headteacher. If the allegation is against the Headteacher, then the matter should be reported to:
- the Senior Designated Persons, or
- the Chair of Governors, and
- the child protection link person in the Education section of the local authority (if a local authority school) or
- Children’s Social Care in the area in which the school is situated (if an Independent school)
3.14 Immediately an allegation is made, the Headteacher (or where the allegation is against the Headteacher, the Deputy Headteacher or Senior Designated Officer) must decide whether the concerns may be of a child protection nature, following the guidance set out in Section 1 of these procedures. If they are, then an immediate referral to Children’s Social Care must be made.
3.15 The substantive decision on whether to conduct external enquiries under the child protection procedures rests with Children’s Social Care and the police, and if the criteria for initiating Section 47 enquiries are met, Children’s Social Care will be responsible for the further conduct of the case.
3.16 In addition to following the general procedures laid down in Section 1, Children’s Social Care will also inform CSCI if the enquiry relates to a local authority or independent residential school.
See Appendix 23 for the DfES guidance on dealing with allegations against teaching and other school staff.
3.17 Any person who suspects or alleges child abuse by a member of staff must inform the Registered Manager immediately, who will then inform:
- their own line manager
- the local Children’s Social Care
- the child’s social worker
- the child's parents
3.18 If a person suspects or alleges abuse by the Registered Manager, they must inform Children’s Social Care immediately, who will then inform that manager’s line manager.
3.19 The local Children’s Social Care will be responsible for the further conduct of the case. In addition to following the general procedures laid down in Section 1, they will also inform CSCI.
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3.20 Any person who suspects or alleges child abuse by a foster carer must inform the local Children’s Social Care who will conduct the case in the same way as if the child lived with their birth family. This includes considering the immediate needs of any other child in the foster home, including any of the foster carer’s own children.
3.21 The foster carer’s liaison social worker will provide support for the foster carer(s) and subsequently arrange a statutory foster carer review.
Where a child is placed for adoption in Cheshire the Local Children’s Social Care where they are living will investigate the concerns, including the immediate needs of any other child in the home, including the adopters own birth children. The Local Children’s Safeguarding Board will have overall responsibility. Safeguarding procedures must always be followed as per the Manual of Child Protection Procedures.
Where a child is placed for adoption in a different local authority any concerns about the child’s safety, allegations about abuse or neglect must be referred to the local authority where the child lives as a matter of priority.
Safeguarding procedures must always be followed as per the Manual of Child Protection Procedures.
The adopter will be provided with support from the adoption team that undertook their assessment, and an assessment of their support needs undertaken. A review of the prospective adopters will be undertaken by this team, where appropriate.
Children who are placed for adoption may be in receipt of adoption support services, from the Cheshire adoption support team. Staff who have any concerns about a child need to follow the must always take action as per the Manual of Child Protection Procedures. Where a child is placed for adoption in a different local authority any concerns about the child’s safety, allegations about abuse or neglect must be referred to the local authority where the child lives as a matter of priority.
Children who are adopted and who are in receipt of adoption support services will be treated as a child in the community as per the Manual of Child Protection Procedures.
3.22 This includes nurseries, childminders, playgroups, supervised activities including sport, adventure playgrounds, and other leisure facilities.
3.23 Any person who suspects or alleges child abuse by a member of staff or by a carer must inform the officer in charge, or person responsible for the care provided, who will inform:
- their own line manager;
- the local Children’s Social Care who will be responsible for the further conduct of the case
3.24 In addition to following the general procedures laid down in Section 1, Children’s Social Care will also inform the responsible inspection unit of the local authority.
3.25 In the case of alleged abuse by a childminder, Children’s Social Care will also consider the needs of any other child in the home, including the childminder’s.
3.26 In the case of alleged child abuse by an officer in charge or by a childminder, Children’s Social Care will also inform that person’s line manager or the person responsible for the care agency.
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3.27 The Local Authority has the same responsibilities towards children in custody as it does towards other children in the local authority area.
3.28 A child protection referral must be made to Children’s Social Care if:
- a child in custody in an establishment in the LSCB area makes allegations about abuse that happened before they entered the custodial establishment, or if it becomes clear that they may be at risk of significant harm on leaving the establishment
- there is concern for the welfare of a child within a custodial establishment
3.29 Children’s Social Care will negotiate transfer of responsibility to the local authority in whose area the child was living or will be living, or where the abuse is alleged to have taken place, where appropriate.
3.30 The local authority where the hospital is located is responsible for the welfare of children in its hospitals.
3.31 PCTs are required to notify the local authority for the area in which the child ordinarily lives - or the area in which the hospital is situated if this is unclear – when a child has been, or will be, accommodated by the PCT for 3 months or more.
3.32 Children’s Social Care will assess the welfare of the child, if necessary, and keep it under review.
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3.33 Whenever somebody becomes aware that a child is living with, or having unsupervised contact with, an individual who is regarded as a potential risk to children they must make a referral to Children’s Social Care, and the procedures outlined in Section 1 for dealing with suspected child abuse will apply.
3.34 People who may pose a risk to children include:
- those found guilty of an offence against a child and/or are regarded as a ‘Risk to Children’ (see paragraphs 3.37-40 below)
- individuals known to have been cautioned / warned / reprimanded in relation to an offence against children
- those included in the Protection of Children Act List and DfES List 99
- individuals against whom there is a previous finding in civil proceedings (e.g. care proceedings)
- those about whom there has been a previous s.47 enquiry which came to the conclusion that there had been abuse
- an individual who has admitted past abuse of a child
- others whose past or present behaviour suggests that a child may be at risk of significant harm (e.g. a history of domestic abuse and other serious assaults on adults)
- offenders against adults who are notified to the local authority, because the Prison or Probation Services are concerned about the possible risk to children
- offenders who come to the attention of the MAPPA (see Appendix 18 for information on the MAPPA)
3.35 The Police and Probation Services must notify Children’s Social Care whenever an alleged perpetrator of a sexual or violent offence against a child is to be bailed to an address where children are living. Similarly, the Probation Service must notify Children’s Social Care whenever a person convicted of such an offence is resident in a household with children.
3.36 Prison governors are required to consult and notify the local Children’s Social Care and Probation Service of the town leave, home leave and release of prisoners convicted, either previously or currently, of offences against children or young persons under the age of 18.
3.37 The term ‘Schedule 1 offender’ is no longer used, as it is no longer a reliable indicator of the actual potential risk that adults who are convicted of certain offences pose to children. Adults may be convicted of other offences where a child may be the intended victim, but where the primary offence is not a child specific one (e.g. telecommunications offences; harassment).
3.38 It is also the case that adults who have not been convicted of specific offences might also be regarded as a risk to children.
3.39 For these reasons, the term ‘Risk to Children’ is now used in respect of any adult following an assessment of them by practitioners exercising their professional judgement.
3.40 For further information on this, see Appendix 24 for government guidance on the “Identification of Individuals Who Present a Risk to Children”.
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3.41 Children with disabilities may be more vulnerable because of their disability and should be treated no differently from any other child when concerns are expressed about their welfare, including concerns that a child may be suffering, or be at risk of suffering, significant harm. However, some children have such disabilities that they require additional assistance to help them raise their own concerns about their care or treatment.
3.42 During any investigative interviews expertise from within Children’s Social Care and elsewhere should be considered, and medical assessment may provide particularly significant evidence, for example where there are specific communication difficulties.
3.43 Specific guidance is available in Safeguarding Disabled Children.
3.44 Children and young people who abuse others should be held responsible for their abusive behaviour, whilst being identified and responded to in a way that meets their needs as well as protecting others. They are likely to be children in need, and some will, in addition, be suffering - or be at risk of - significant harm, and may themselves be in need of protection.
3.45 Professionals should not dismiss some abusive sexual behaviour as ‘normal’ between young people and should not develop high thresholds before taking action.
3.46 The needs of children and young people who are suspected of abusing others must be considered separately from the needs of their victims. This requires separate strategy meetings to plan separately for the suspected abuser and the subject(s) of the abuse.
3.47 An initial child protection case conference in respect of the alleged abuser should only be convened when that child or young person is considered to be personally at risk of significant harm (i.e. they have been, or are likely to continue to be, a victim of abuse) and not that their own abusive behaviour placed them at risk from others (i.e. retribution). In such cases a child protection conference and plan should only deal with the protection of the child or young person from further significant harm to themselves.
3.48 Bullying may be defined as deliberately hurtful behaviour, usually repeated over a period of time, where it is difficult for those bullied to defend themselves. It can be physical, verbal or emotional and can cause the victim significant harm, including self-harm.
3.49 All settings in which children are provided with services or are living away from home must have in place rigorously enforced anti-bullying strategies.
3.50 If it is suspected that bullying behaviour may be causing the victim significant harm, the procedures in Section 1 of these procedures must be followed.
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3.51 Self-harm, or threats of self-harm, may be indicative of a serious mental or emotional disturbance, and the possibility that it may be caused by abuse or neglect should not be overlooked. Consideration should be given to making a child protection referral to Children’s Social Care.
3.52 Where a child has been admitted to hospital as a result of self-harming behaviour, they should not be discharged until they have been seen by a member of the CAMHS team.
3.53 Where sexual activity involving children and young people below the age of legal consent (16 years) comes to the attention of agencies, it will not necessarily be appropriate to initiate the child protection procedures. Decisions are not to be made on the basis of a mandatory requirement to refer to Children’s Social Care, but must be made case by case, on the basis of an assessment of young peoples’ best interests. Cases of concern should be discussed with the nominated child protection lead within organisations.
3.54 In some circumstances, agencies and professionals should consider making a child protection referral to Children’s Social Care. The considerations in the following checklist should be taken into account when assessing the extent to which a young person may be suffering, or be at risk of, harm:
- the age of the young person. Sexual activity at a young age is a very strong indicator that there are risks to the welfare of the young person (whether male or female)
- the level of maturity and understanding of the young person, and their ability to make informed choices about sexual activity
- what is known about their living circumstances or background, and the circumstances of the sexual partner
- whether there appears to be an imbalance in the age or relative power of the participants
- whether there is reason to believe that the child or young person’s consent was secured by bribery, coercion or overt aggression
- the behaviour of the young person (e.g. withdrawn, anxious)
- whether attempts to secure secrecy have been made by the suspected abusive sexual partner, beyond what would be considered normal in a teenage relationship
- whether the methods used are consistent with grooming
- whether the young person was disinhibited as a consequence of substance misuse
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3.55 Under the Sexual Offences Act 2003, young people under the age of 13 years are not capable of giving consent to sexual intercourse, and such sexual activity is therefore rape. Although sexual activity in someone under the age of 13 will always be a cause for concern, the need to share information (for example, through a referral to Children’s Social Care) without consent to protect the young person must be balanced against the need to provide services that encourage young people to seek help when they need it. It is clear that young people place a very high value on a confidential sexual health service, and without an underlying presumption of confidentiality, they will refuse to access such services and their interests could therefore be seriously harmed.
3.56 Cases involving under 13s should always be discussed with a nominated child protection lead within the organisation. If child protection procedures are initiated, the question of confidentiality cannot override this requirement. In these cases, the young person should be given a full explanation of why it is necessary to deal with the matter under child protection procedures.
3.57 Practice guidance for social care practitioners, youth workers and health professionals, including guidance around the provision of contraceptive advice and services to young people under 16 .See also the Protocol on Working with Sexually Active Young People Under the Age of 18 (Appendix 12).
3.58 Multi--agency responses to children involved in prostitution, pornography or any other form of commercial sexual exploitation, is governed by Working Together to Safeguard Children 2006 and Safeguarding Children Involved in Prostitution 2000.
3.59 Children and young people under the age of 18 years who are being commercially sexually exploited should be treated primarily as victims of abuse, and, therefore, as children in need who may be suffering or likely to suffer significant harm. They must be safeguarded and their welfare must be promoted through diverting them from prostitution, pornography or any other form of commercial sexual exploitation and through encouraging them to assist the investigation and prosecution of those who abuse and coerce them.
3.60 Anyone who suspects that a child is involved in sexual exploitation, or is at risk of being drawn into it, must always make a child protection referral to Children’s Social Care under Section 1 of these procedures. Children’s Social Care will instigate S47 enquiries.
3.61 Children involved in commercial sexual exploitation may be subject to coercion and intimidation. Providing appropriate support and protection to potential child witnesses will be an essential element of any investigation.
3.62 Occasionally the commercial sexual exploitation of children may have features of organised abuse, in which case the guidance governing such abuse must be considered.
3.63 For further practice guidance on dealing with children involved in sexual exploitation visit www.crimereduction.gov.uk/toolkits.
See also Appendix 9 for the Inter-agency Policy on Child Prostitution.
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3.64 The Sexual Offences Act 2003 extends previous legislation governing sexual offences against children and encompasses more recent concerns, such as “grooming” and internet pornography.
3.65 When somebody is discovered to have placed or accessed child pornography on the internet, the police should consider whether that individual might also be involved in the active abuse of children and, if necessary, make a referral to Children’s Social Care.
3.66 Domestic abuse is any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. Where there is evidence of domestic abuse, the implications for any children in the household must be considered, including the possibility that the children, themselves, may be subject to violence or may be harmed by witnessing or overhearing the violence.
3.67 Conversely, where it is believed that a child is being abused, those professionals involved with the child and family should be alert to the possibility of violence within the family (see Responding to Domestic Abuse: A Handbook for Health Professionals 2005).
3.68 Normally, one serious incident or several lesser incidents of domestic abuse where there is a child in the household would indicate that Children’s Social Care should carry out an initial assessment of the child and family including consulting existing records. Anyone encountering children living with domestic abuse should consider making a referral to Children’s Social Care under Section 1 of these procedures. This guidance also applies where the partner being abused is under 18 years.
3.69 The Police are often the first point of contact with families in which domestic abuse takes place. They should notify Children’s Social Care promptly when they have responded to an incident of domestic abuse and it is known that there is a child in the household. If they have specific concerns about the safety or welfare of a child, they should make a referral to Children’s Social Care citing the basis for their concerns. Both agencies must be clear about whether the family is aware that a referral is to be made.
3.70 For guidance on information sharing see:
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3.71 Professionals may become aware of a child or an unborn baby who is under the care of a person involved in – or in association with others involved in - the use of alcohol, controlled substances or other pharmaceutical substances which may have harmful effects on parenting capacity and the physical or emotional well-being of children. If it is felt that this may cause the child to suffer or be likely to suffer significant harm, then that professional must make a referral to Children’s Social Care, under Section 1 of these procedures.
3.72 Fabricated or induced illness (FII) is a complex issue and individual suspected cases typically require a lot of consideration and discussion before they are to be regarded in child protection terms.
3.73 The characteristics of fabricated or induced illness are a lack of the usual corroboration of findings with symptoms or signs, or – in circumstances of proven organic illness – lack of the usual response to proven effective treatments.
3.74 There are three main ways of fabricating or inducing illness in a child. More than one may be evident in individual cases:
- fabrication of signs and symptoms, including fabrication of past medical history
- fabrication of signs and symptoms and falsification of hospital charts and records, and specimens of bodily fluids. This may also include falsification of letters and documents
- induction of illness by a variety of means
3.75 The signs and symptoms require careful medical evaluation for a range of possible diagnoses. Parents should be kept informed of findings from any medical evaluation, but at no time should concerns about reasons for child’s signs and symptoms be shared with the parents if this information would jeopardise the child’s safety.
3.76 Conventional methods of gathering evidence must first be tried, or be deemed to be impractical, before a decision is taken to use covert or technical equipment. Good practice guidance for police officers in the use of covert surveillance is available from the National Crime Faculty. Any such technical devices supplied and used by the police to gather evidence will require the authority of an Assistant Chief Constable.
3.77 More detailed information and guidance concerning induced or fabricated illness can be found in:
3.78 Organised and multiple abuse occur both as part of a network of abuse across a family or community and within institutions such as residential homes, schools, sports clubs and voluntary groups. Its investigation is time consuming and demanding work requiring specialist skills from both police and social work staff. Some investigations become extremely complex because of the number of places and people involved, and the timescale over which the abuse is alleged to have occurred.
3.79 As soon as organised abuse is suspected, Children’s Social Care must be informed. Children’s Social Care will liaise with the police at headquarters level, as issues such as the strategic deployment of resources are likely to need addressing.
3.80 The government guidance Complex Child abuse Investigations: Inter-agency Issues 2002 contains accumulated learning from serious case reviews and provides the overarching framework that needs to shape the handling of organised or multiple abuse investigations.
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3.81 Professionals and local agencies working with children and families where there are outstanding concerns should be aware that a series of missed appointments may indicate that the family has moved out of the area or even overseas. Children’s Social Care and the police must be informed immediately such concerns arise.
3.82 Children who are missing from education may also be at risk of significant harm, and every local authority has a Child Missing Education named point of contact. Every practitioner working with a child has a responsibility to inform their CME contact if they know or suspect that a child is not receiving education.
3.83 While racism it is not, in itself, a category of abuse, it can cause significant harm, and the experience of racism is likely to affect the responses of a child and family to assessment and enquiry processes.
3.84 The failure to consider the effects of racism will undermine efforts of agencies to protect children from other forms of significant harm.
3.85 All organisations working with children, including those operating in areas where black and minority ethnic communities are numerically small, must address institutional racism, defined in the Macpherson Inquiry Report (2000) on Stephen Lawrence as “the collective failure by an organisation to provide an appropriate and professional service to people on account of their race, culture and/or religion”.
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3.86 Agencies and professionals must be particularly vigilant regarding the welfare of two categories of children migrating into the UK:
3.87 Exploitation of these children occurs through prostitution and other types of sexual exploitation, and through labour exploitation. They may enter the UK as unaccompanied asylum seekers, students or as visitors, or through other internet transactions. If an agency or a professional suspects that a child is the victim of trafficking, the police or Children’s Social Care must be informed. Information and detailed guidance on dealing with this issue can be referenced through Working Together to Safeguard Children 2006..
3.88 These are children who are under 18 years, who are not living with their parents, relatives or guardians in the UK. It is possible that these children have experienced abuse in their own countries, either within their families or by those in authority.
3.89 Female genital mutilation (FGM) is an offence in the UK, except on specific physical and mental health grounds. Taking a child abroad for the purpose of it is also an offence.
3.90 Anyone knowing or suspecting that a girl is to be, or has been, subject to FGM must make an immediate child protection referral to Children’s Social Care. If a child has already undergone FGM, particular attention must be paid to the potential risk to other female children in the same family.
3.91 In responding to FGM, a key consideration will be that the parent genuinely believes the procedure to be in the child’s best interests and does not intend it as an act of abuse. It may, in such cases, be appropriate to seek to protect the child without removing them from what is otherwise a caring home environment.
3.92 Further guidance can be found in Home Office Circular 10/2004, and in Local Authority Social Services Letter LASSL (2004)4 which is available on DFES Website.
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3.93 The belief in “possession” and “witchcraft” is widespread, and is not confined to particular countries, cultures or religions. Nor is it confined to new immigrant communities in the UK.
3.94 While the number of known cases of abuse related to spiritual or religious belief is small, agencies should be alert for possible indicators, and apply basic safeguarding children principles to prevent it.
3.95 A forced marriage is a marriage conducted without the full consent of both parties and where duress is a factor, and it legally comes under the definition of domestic abuse.
3.96 If anyone has concerns that a male or female child is in danger of a forced marriage agencies and professionals should contact Children’s Social Care. Information and detailed guidance on dealing with this issue are available at: The Home Office website.
3.97 Experienced caseworkers can also be contacted in the Forced Marriage Unit (Foreign and Commonwealth Office – tel: 020 7008 0230).
3.98 It must be noted that mediation as a response to forced marriage can be extremely dangerous, as refusal to go through with a forced marriage has, in the past, been linked to so-called ‘honour crimes’.
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3.99 Local Authorities have the statutory authority for the protection of children of service families in the United Kingdom. The Services control the movement of the family in relation to the Service commitments and the frequency of such moves makes it essential that the Service authorities are aware of any child for whom there is a child welfare concern. The Armed Services are fully committed to co-operating with statutory and other agencies in supporting families in this situation and procedures exist for assisting in the protection of children. Whenever a case comes to the notice of the civilian authorities information about child welfare concerns should be shared with the appropriate contacts.
3.100 All three Services provide professional welfare support:
- In the Royal Navy this is provided by the Naval Personal and Family Service (NFPS) and the Royal Marine Welfare Service;
- Within the Army this is provided by the Army Welfare Service in partnership with SSAFA - Forces Help;
- In the Royal Air Force by SSAFA - FH. (The Soldiers Sailors Airmen and Families Association - Forces Help is an independent charity contracted to the Ministry of Defence for the provision of certain welfare services.)
3.101 When families are based overseas responsibility for the protection of children is vested with the Ministry of Defence who work particularly with SSAFA FH. Larger overseas Commands issue local Child Protection procedures, hold a Command child protection register and have a Command Child Protection Committee which operates in a similar way to LSCB’s in the United Kingdom in upholding standards and reflecting best practice.
3.102 When a Service family with a child in need of protection is about to return to the United Kingdom, SSAFA-FH or the NPFS is responsible for informing the appropriate local authority and for ensuring that full documentation is provided to assist in the management of the case.
3.103 A designated person may apply to a Commanding Officer for an emergency protection order, which, if granted, remains in force for 24 hours after the arrival of the child in the UK. The local Children’s Social Care must decide whether to apply for a further EPO.
3.104 Local Authorities should ensure that SSAFA-FH or NPFS is made aware of any Service child who is the subject of a child protection plan and whose family is about to move overseas. In the interests of the child, SSAFA-FH/NPFS can confirm whether appropriate resources exist in the proposed location to meet identified needs. Full documentation should be provided which will be forwarded to the relevant overseas Command.
3.105 Where a local authority believes that a child subject to current child protection concerns is from an ex-Service family, SSAFA-FH can be contacted to establish whether there is existing information which might assist the investigation.
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3.106 While some military families may live within barracks, many live within local communities as armed service staff may be deployed to other local military establishments such as Territorial Army Centres or Armed Services Careers Offices.
3.107 Whenever child welfare concerns about children in such families come to the attention of the civilian authorities, Children’s Social Care must always share this information with the relevant Armed Service, and include that Service in any discussions and decisions.
3.108 High secure (formerly known as special) hospitals have a duty to implement child protection policies, liaise with their local LSCB’s, provide safe venues for children’s visits and provide nominated officers to oversee the assessment of whether visits by specific children would be in their best interests.
3.109 With respect to visits by children to patients who have mental health difficulties and are in local non-special hospitals (including those detained under the Mental Health Act 1983), the onus for risk assessments lies with the Mental Health Trust.
3.110 Many prisons and young offender institutions (YOIs) now operate a similar system in relation to sex offenders and other dangerous offenders.
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3.111 Patients who are assessed as being a Risk to Children will only be eligible for a visit where an assessment has concluded that it would be in the child’s best interests. The patient must be the child’s parent, have parental responsibility for the child, be a relative or have been co-habiting with the child’s parent (see circular HSC 1999/160).
3.112 The nominated officer of the relevant hospital must contact a person with parental responsibility for the child to:
- seek her/his consent for the visit
- confirm the relationship of the child to the patient
- clarify who will accompany the child on the visit (must be a parent, relative, foster carer or employee of Children’s Social Care)
- Inform them of the requirement for an assessment by Children’s Social Care.
3.113 A clinical assessment of the patient must be undertaken by the hospital.
3.114 If the clinical findings are supportive of the visit and the person with parental responsibility is in agreement, the local authority must be asked to undertake an assessment about whether the visit is in the child’s best interests. The clinical assessment will be provided to the nominated officer.
3.115 On receiving the request for an assessment, the social worker must:
- inform the Safeguarding Unit for monitoring purposes;
- contact a person with parental responsibility for the child to gain permission for the assessment.
3.116 The Children’s Social Care assessment must establish:
- the child’s legal relationship with the named patient
- the quality of the child’s relationship with the named patient, both currently and prior to hospital admission
- whether there has been past, suspected, alleged or confirmed, abuse of the child by the patient
- future risks of significant harm to the child if the visits take place
- the child’s wishes and feelings about the proposed visit, taking into account her/his age and understanding
- the views of those with parental responsibility and, if different, those with day to day care of the child
- if it is known that the child lived in other local authority areas, what other information is known about the child and the family
- the frequency of contact that would be appropriate
- who would accompany the child on visits, and the type and nature e.g. quality and duration of relationship with the child
3.117 If the person with parental responsibility refuses to co-operate with the assessment and no information is known about the child, the nominated officer must be informed that a report cannot be provided.
3.118 Where the child is known to Children’s Social Care, information from records may be supplied with the agreement of the person with parental responsibility.
3.119 The assessment must be completed within 1 month of the referral and the report sent to the nominated officer at the high secure hospital stating whether, in the opinion of Children’s Social Care, the visit would be in the best interests of the child. A copy must be sent to the Safeguarding Unit.
3.120 If the social worker concludes that the visit would not, or may not, be in the child’s best interests then the hospital must not allow the visit.
3.121 If the social worker advises that the visit would be in the child’s best interests, then the hospital’s nominated officer should make the decision, following discussion with the social worker and after taking account of all available information.
3.122 All requests for assessments and their outcomes will be reported to the LSCB on a quarterly basis.
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