Lecture 13 Child Abuse

Question 1

What is HM Government (2018) Working Together to Safeguard Children?

Answer 1

Working Together 2018 is the guide to inter-agency working to safeguard and promote the welfare of children. Previous documents have existed under this name but the guide was updated in 2018.

This document outlines the statutory responsibilities on three organisations, the Local Authority, the local Commissioning Group, and the Police

Question 2

What are the Police responsibilities under Working Together?

Answer 2

• The police are one of three partner agencies that have responsibilities under the Police Reform Act 2011.
• Police officers are well placed to identify when children need protection. The police should use criminal law to offer children full protection. In addition to identifying when children are a victim of crime they should take stock of all incidents when a child may be have a safeguarding risk. If that risk is identified then positive action should be taken.
• Children who are encountered as offenders are entitled to the same safeguarding and protection as any other children.
• The Police should always share information with organisations and agencies when there is a need to protect children.
• The police have the power to remove a child to suitable accommodation under Section 46 of the Children’s Act 1989, if they have reasonable cause to believe that the child would otherwise suffer significant harm. Statutory powers to enter premises under section 46 can be used in circumstances to ensure a child’s immediate protection. Police powers can be used in emergency situations but should only be used when necessary and, wherever possible, the decision to remove a child from a parent of carer should be made by a court.
• The police should be mindful of the restrictions and guidance in place around the circumstances when children are taken to or held in Police stations.

Question 3

Define child?

Answer 3

• Under Section 105 of the Children Act 1989, a child is defined as a person under the age of 18 years. Whether a child is, for example, in further education, working, or living independently does not change the fact they are a child and should be treated as such.

Question 4

Define child protection?

Answer 4

• Where there is a risk that a child is suffering or is likely to suffer significant harm, in accordance with the Children Act 1989 section 47, or is a ‘child in need’ as defined in the Children Act 1989 section 17(10), the police are responsible for taking whatever action is required. This includes referring details about the child to children’s social care.

Question 5

Define child in need?

Answer 5

• First responders may encounter circumstances where significant harm or the likelihood of significant harm is not apparent. In these situations the child may still have suffered some ‘harm’ as prescribed by one of the four categories of abuse and as such the child could therefore be classed as being ‘in need’.

Question 6

Define significant harm?

Answer 6

• There are no absolute legal or medically defined criteria on which to rely when judging what constitutes ‘significant harm’; therefore, you must be objective, using your knowledge of the indicators of possible abuse. Section 31(10) of the Children Act 1989 states:
• “Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development will be compared with that which could reasonably be expected of a similar child.”
• There are no absolute legal or medically defined criteria on which to rely when judging what constitutes ‘significant harm’; therefore, you must be objective, using your knowledge of the indicators of possible abuse. Section 31(10) of the Children Act 1989 states:
“Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development will be compared with that which could reasonably be expected of a similar child.”
• Harm: refers to ill-treatment or the impairment of health or development
• Development: refers to physical, intellectual, emotional, social, or behavioural development
• Health: refers to physical or mental health
• Ill treatment: sexual abuse and forms of ill treatment which are not physical
To understand and establish significant harm it is necessary to consider the:
• family situation
• child’s development within the context of their family and wider social and cultural environment
• nature of any special needs, such as a medical condition, communication difficulty or disability that may affect the child’s development and care within the family
• nature of harm, in terms of ill-treatment or failure to provide adequate care
• impact on the child’s health and development
• adequacy of parental care.

Question 7

Define Neglect?

Answer 7

Is defined in Section 1(2)(a) of the Children and Young Persons Act 1933 as:
The failure to provide adequate food, clothing, medical aid, or lodging, or failure to take such steps to procure these basic needs.

Question 8

Define Emotional Abuse?

Answer 8

Is defined in Working Together to Safeguard Children 2018 as:
The persistent emotional maltreatment of a child which causes severe and persistent adverse effects on the child’s emotional development’.

Question 9

Define Sudden Unexpected Death in Infants Syndrome (SUDI)?

Answer 9

Any death of an infant in sudden and unexpected circumstances. It includes children who have an accidental death or die unexpectedly following illness when after a thorough investigation, including a full post mortem and an examination of the death scene, it has not been possible to determine the cause of death.

Question 10

Define Sudden Unexpected Death of a Child (SUDC)?

Answer 10

SUDC is the sudden and unexpected death of a child over the age of twelve months which remains unexplained after a thorough case investigation is conducted. Similar to SUDI, SUDC is a diagnosis of exclusion; given when all known and possible causes of death have been ruled out. Most SUDC deaths occur between the ages of 1 and 3, but researchers have looked at cases of children as old as 15

Question 11

What is Section 46 of the Children Act?

Answer 11

“Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he or she may:

a. remove the child to suitable accommodation and keep the child there, OR
b. Take such steps as are reasonable to ensure that the child’s removal from any hospital or other place in which he or she is then being accommodated is prevented
This section can last up to 72 Hours
[Can use FORCE]

Question 12

Considerations as a First Responder when responding to a Child Abuse incident?

Answer 12

• Establish the identity of the suspect, and if necessary circulate a full description via the radio system
• Establish who is or was at the scene
• Carry out intelligence checks, including the PNC, PND and visor
• Gather accurate records of everything said by all parties
• Record the demeanor of the child, suspect and any witnesses
• Be mindful of protecting any forensic evidence
• Take an overview of what has happened
• Carry out a risk assessment
• Take appropriate action to safeguard individuals.