The police have a wide scope of responsibilities with regard to issues of child protection. With regard to child protection investigations, BANES Public Protection Unit – Child Abuse Investigation Team undertakes these responsibilities. Their over- riding concern must be the welfare of the child. However, their focus will be:
- to determine whether a criminal offence has been committed; to identify the persons involved; and
- To secure the best possible evidence, in order that appropriate consideration can be given as to whether criminal proceedings should be instigated.
The police will:
· Liaise closely with Social Care and other agencies in respect of all child protection matters;
· Participate in strategy discussions, and in child protection conferences as consistent with these procedures;
· Share information in these forums, including that which relates to family member's relevant criminal records, or those of third parties where these are relevant;
· Interview child witnesses to offences of violence or sexual offences within LSCB agreed joint agency protocols;
· Carry out intelligence work in relation to persons who present a risk to children;
· Maintain an index and archive with details of families and children who have come to notice or have been on the Child Protection Register.
· Take responsibility for collating and preserving evidence for criminal prosecution and arresting perpetrators where appropriate.
The Police will utilise Police Powers to safeguard the welfare of children at risk of immediate significant harm, where these powers are appropriate. Police can remove children at risk of significant harm by exercising powers of protection (Section 46 of the Children act 1989). Police officers can force entry to premises in circumstances where it is considered necessary to save life and limb (Section 17 of the Police and Criminal Evidence Act 1984).
The Police are the main agency, along with Probation, for the assessment of risk of sex offenders and with regard to Risk Management Panels.
Child Protection Conferences
Attending police officers are empowered to mention details of relevant convictions within the confidentiality of the Child Protection Conference situation. This is on the understanding that the other members of the conference respect that confidentiality.
Prosecution Decisions
The decision to prosecute offenders rests with the Police and the Crown Prosecution Service. The decision to charge offenders is the responsibility of the Crown Prosecution Service who will make an informed decision based on all the features of an investigation as presented by the police, including where appropriate recommendations made at a Child protection conference.
Protocol for child protection referrals and investigations: Introduction
This section sets out an operational protocol for use by staff in all agencies and has been jointly developed by representatives of Children’s Social care and the Police. The section also contains guidance to both Social Workers and Police Officers concerning the level and nature of police involvement following an allegation or suspicion of child abuse. This protocol must be read in conjunction with Bath & North East Somerset's Child Protection procedures as it is designed to support those procedures and principles which underpin "Working Together'.
The section provides guidance in the context of the refocusing of children's services and as such applies to those cases in which the decision to undertake a child protection investigation has been made. All agencies will, of course, have played key roles in deciding whether a Section 17 or Section 47(under the Children Act 1989) response was required.
The section draws upon local experience as well as protocols established in other authorities.
Background
All agencies involved in providing services for children and families in Bath & North East Somerset share a responsibility to identify those children who may be in need, to assist one another to safeguard and promote the welfare of children, and to arrange for services to be provided accordingly. Children’s Social Care is the lead agency in all situations where there is a child protection concern and all agencies have a clear responsibility to refer such concerns to Children’s Social Care.
The Social care has a statutory responsibility to investigate all allegations or suspicions of child abuse to determine whether the child concerned has, or is likely to, suffer significant harm. The Social Care has a responsibility to safeguard and promote the child's welfare. The Police have a responsibility to investigate allegations of offences against children.
It is essential that all professional agencies concerned with the protection and welfare of children work together towards these objectives.
Both the Police and Social Care have specialist and complimentary skills in terms of assessing and investigating allegations of child abuse. In appropriate cases it is necessary for these skills to be combined to provide maximum protection for those children who are at risk of, or have suffered, significant harm. In discharging their statutory duties it is important that both Social Care and the Police are conscious that the lack of necessary intervention may have an adverse effect on the child or conversely inappropriate intervention may have an adverse effect on the family.
Management of Joint Investigations
Joint investigations are undertaken in appropriate cases in order to make best use of the complimentary specialist skills of the Police, Social Care and Health professionals, with the aim of providing maximum protection to those children who are most at risk, or who have suffered significant harm.
In Bath & North East Somerset the decision to undertake a joint investigation will be made on an inter-agency basis through a Strategy Discussion meeting, although this can be done by means of telephone discussion in cases of urgency. Nevertheless there may be some instances where the Police or Social Care have to take immediate protective action in response to a situation which is facing them. However, even in these circumstances a strategy discussion should take place at the earliest opportunity to plan the investigation that may follow. In all circumstances the Social Care Team Manager is responsible for arranging a Strategy Discussion with representatives of the Police and Health. As a result of the Strategy Discussion, joint decisions will be made about how to proceed with any referral.
The Detective Inspector and/or the Detective Sergeant (Child Abuse Investigation Team) is responsible for managing a criminal investigation. Social Care managers are responsible for ensuring that the child's safety and well being are secured (safeguarding) and that appropriate services are made available to support families (promotion).
Where the needs of a criminal investigation conflicts with the needs of a child the managers from the two agencies will communicate at the appropriate level to resolve this conflict with the emphasis placed on the best interests of the child.
Principles Regarding Referrals and Communication
Social Care and Police agree to inform each other concerning all allegations or suspicions where child protection may be an issue.
All such allegations or suspicions must be considered by the receiving agency and an assessment made as to whether the child has suffered, or is at risk of suffering, significant harm.
A decision will be made regarding the appropriate level of intervention. If Social Care consider there is a risk of significant harm, a Section 47 Children Act 1989 investigation WILL take place.
Consideration will need to be given to the level of police involvement required. There are cases where the initial allegations are so vague that further work is needed even to determine that it is a child protection referral. Social Care should contact the Police for a police check to be done to assist in the information gathering process and ensure that this information is shared with the Police and other agencies.
In many cases, concerns gradually evolve over time and there is no specific incident of abuse. However this would still require a strategy discussion to determine the appropriate course of action.
Most referrals will fall into one of the following categories:
- Allegations/suspicions which may require joint investigations from the outset.
- Allegations/suspicions which are initially investigated by Social Care following which an assessment of the information is made to consider what, if any, Police action may be necessary. This decision will be based upon consultation between the two agencies.
- Allegations/suspicions which following initial investigation by the Social Care there is no evidence to suggest a crime has been committed.
- Allegations/suspicions which following initial investigations by Social Care are considered to be without foundation.
The following provides guidance concerning the allegations/suspicions which fall under the above categories:
- Joint Investigation
The criteria for joint investigations under Section 47 of The Children Act 1989 is that the local authority has reasonable cause to suspect that a child is suffering or is likely to suffer significant harm. Likelihood of prosecution of a criminal offence should not be the criteria. The decision as to the most appropriate method of undertaking the investigation should be decided at the strategy meeting/discussion. Allegations/suspicions involving any of the following will always fall within the joint investigation criteria:
- Allegations/reasonable suspicions that child sexual abuse has occurred, i.e. a direct allegation made by a child, allegations which May constitute an offence within the Sexual Offences Act 2003 or Indecency with Children Act 1960.
- Allegations/reasonable suspicions of physical injury to a child. This includes violence to a child constituting an assault, actual or grievous bodily harm, bruising and soft tissue injuries to babies, repeated referrals on pre-school children.
- Allegations/reasonable suspicion of serious neglect which may be actionable under Section 1 of The CYP Act 1933. Abandonment of young children (i.e. under 5 years) where the child is exposed to danger. Non-organic failure to thrive.
- Allegations/suspicions which involve unusual circumstances, e.g. organised or institutional abuse, bizarre behaviour or medical conditions such as Fabricated or Induced Illness.
- Where the alleged perpetrator has unsupervised access to a child or children i.e. baby-sitter, voluntary group leader, teacher.
All Section 47 investigations are considered to be joint investigations, but in practice may be carried out in different ways including the following: -
- By a Social Worker and a Police Officer together carrying out interviews with children, parents and witnesses directly.
- By Local Authority staff, the Police and Health professionals carrying out interviews or enquiries separately as part of a planned investigation, and reporting back to a further Strategy Discussion to review the information.
- The Police will normally carry out evidence gathering from any adult witnesses.
- The need for a medical examination as part of an investigation will be decided and planned by the Strategy Discussion, which will also decide who should undertake the examination based on the needs of the child and the need to seek forensic evidence.
- Referrals Initially Investigated by Social Care
Where the allocation/suspicion falls within the following, Social Care will conduct the investigation. If at any point during the investigation the allegations may constitute a criminal offence immediate contact will be made with the Police.
Physical Abuse
- No visible injury or the injury is of a minor nature and
- The child is able to give a clear, coherent and credible account of how the injury occurred.
- There have been no previous child abuse allegations in respect of that child or the alleged perpetrator.
- The explanation given by the child is consistent with the injury.
- Information from other agencies identifies no concern.
Referrals on physical abuse cases are often vague. In order to decide the seriousness it will be appropriate to carefully question the referrer about when the injury occurred, what explanations were given, what does the injury look like etc. Following this an assessment can be made as to whether the assault is serious and requires police involvement.
Child Sexual Abuse
- Indirect allegations, anonymous reports, concerns raised by other professionals.
- Over sexualised behaviour.
Neglect
- Inappropriately supervised, general poor parenting.
Emotional Abuse
Referrals Investigated by Police
- Adults making an allegation of abuse which occurred in childhood. (NB: If the abuser was a family member who has contact with children then this will be referred to the Social Care for joint investigation regarding any other possible child victims).
- Where the alleged perpetrator is not a member of the child's household, family (including extended family), or social network - i.e. stranger abuse. Police will contact Social Care to check whether the family and/or the perpetrator are known and discuss any role for the social work team.
- Where the victim is a young adult i.e. a person who has attained the age of 18
There may be occasions when a single agency Police investigation is undertaken out of hours. If Police are called they have a duty to respond and take the appropriate initial action to protect either the child or criminal evidence. At the earliest appropriate point, Social Care will be notified and a joint investigation will proceed.
If the Police conduct a single agency investigation, the investigating officers must be mindful of the possible ongoing needs of the child and family. A single agency investigation should not preclude the possibility of referral to Social Care at a later stage for supportive or therapeutic services.
Medical Examinations
The Strategy Discussion will decide on the need for a child to be medically examined as part of the investigative process. This decision will take account of the timing of any medical examination and the need to ensure that it is performed by a person who is suitably qualified to conduct a forensic procedure if that is required.
Medical examinations in child protection are highly skilled procedures and must be carried out by a doctor who is suitably trained to achieve the purpose of the examination, for example a Paediatrician or a Police Forensic Medical Examiner. The advice of the Paediatrician should always be sought in making the decision about who is the most appropriate person to examine a particular child.
The decision should take full account of the child's needs and aim to avoid or minimise any distress to the child. It must reflect the purpose of the medical examination and ensure that when, where and by whom it is conducted will meet this purpose, and avoid the need for further examinations. General Practitioners will not normally undertake examinations as part of the investigation process, although they clearly may encounter children in their day to day practice who have been the subject of possible abuse. General Practitioners must respond to the medical needs of children but in circumstances where abuse is suspected should refer to the Child Protection Procedures Handbook, and be mindful of the need to avoid repeated examinations.
Ordinarily the medical examination will take place after the child has been interviewed, unless:
- there is a severe injury requiring treatment where pregnancy may be possible
- when examination is needed for the collection of possible forensic evidence, for example when an alleged physical or sexual assault has taken place in the previous 72 hours.
- where an alleged perpetrator is being held in police custody (because of the timetables associated with the Police and Criminal Evidence Act).
The purpose of medical examinations is to:
- assess and consider the child's health and the need for any treatment.
- allow the child and/or parents the opportunity to ask about their physical well- being, and offer advice and reassurance as appropriate.
- assess and record any physical injuries and signs of neglect or abuse.
- collect and record forensic evidence.
It is the responsibility of the examining doctor to obtain informed consent from a person who has parental responsibility and/or from the child if they are of sufficient age and understanding. The child and where appropriate the parent or carer, must be fully informed about the nature and purpose of any medical examination. This would ordinarily be done best by the doctor who is to undertake the examination as they will have detailed knowledge of the procedures which will be performed.
The doctor should provide a written report of the examination and its findings. The diagrammatic representation of injuries is very useful in this process. Reports of examinations relating to Child Protection investigations should be made available to Children’s Social Care, the Police and the child's General Practitioner. Where criminal proceedings are considered, the Police may share the doctors report with the Crown Prosecution Service.
Following a medical examination, the child (if of sufficient age and understanding) and the parent should be given a full explanation of the findings. The doctor who performed the examination should normally be the person to do this and if appropriate a member of the investigative team may be present.
Information about the arrangements for a medical examination should be clearly recorded by the social worker and the police officer, for example when and where it took place, who was present, and any relevant information about the arrangements or matters which were discussed outside of the medical examination itself. These written records should be placed in the respective agency case files. Copies of a doctors report will be securely filed in the case files of the Police and Children’s Social Care and will be kept confidential. They will not be further copied to other agencies without the knowledge of the doctor concerned.