Safeguarding Children

Question 1

The police have an obligation to safeguard children under what legislation?

Answer 1

s 11 of the Children Act 2004.

The police should support other agencies when there are concerns for a child’s wellbeing (ss 17 and 47 of the Children Act 1989, even if no crime has been committed.

Question 2

The Children Act 1989 was an important development in safeguarding the welfare of children in the UK.

What ages does it cover?

Answer 2

It covers any person under the age of 18 (s 105) but there are also references to children or young people of a particular age, e.g “under the age of 12”.

Question 3

All police forces have what for safeguarding children?

Answer 3

A specialist Child Abuse Investigation Unit.

Usually staffed by nationally trained investigators who have taken the College of Policing National Specialist Child Abuse Investigator Development Programme (SCAIDP).

Expectation all officers interviewing children in relation to abuse trained to a very high standard in witness interviewing.

Question 4

According to s 47 of the Children Act 1989 the local authority has a duty of what?

Answer 4

To investigate where it believes that a child might be suffering from significant harm.

Question 5

What powers do the police have under s 46 of the Children Act 1989?

Answer 5

The first consideration will be to secure the welfare of a child or children.

Once this has been achieved a thorough criminal investigation can take place, and other agencies will work to assure the current and future welfare of the child.

Question 6

A wide range of indigents may be associated with child abuse, such as:

Answer 6

• Domestic abuse
• Missing children, including those truanting from school
• Children engaged in criminality, including bullying and abusing others
• Children abusing animals
• Children involved in sexual exploitation or prostitution
• Parental drug or alcohol abuse

Question 7

Children are sometimes exposed to significant harm by their parents, relatives and other people involved in their care and supervision.

The Children Act 1989 (s 31(9)) states that harm can include:

Answer 7

• Ill treatment or the impairment of health or development
• Impairment suffered from seeing or hearing the ill-treatment of another
• Sexual abuse
• Forms of ill-treatment which are not physical

Question 8

An alternative definition categorises child abuse into what four distinct types:

Answer 8

Physical
Emotional
Sexual
Neglect

(ACPO, 2009)

Question 9

A recent concern is the involvement of children in terrorist acts.

Local authorities are now obliged to what with regards to this?

Answer 9

s 36 of the Counter-Terrorism and Security Act, 2015

To establish ‘Channel’ panels to try and prevent children being drawn into terrorism.

The panels (which include the local chief officer of the police) assess the likelihood of this, and arrange for support to be provided.

Question 10

The offence of child cruelty

This offence can be committed by a person over what age?

Answer 10

16 years of age or over, who is responsible for caring for a child under 16.

Question 11

When is the offence of child cruelty committed?

Answer 11

When someone 16 years of age or over, who is responsible for caring for a child under 16, wilfully him/herself or procures someone who “assaults, ill-treats, neglects, abandons or exposes” the child of causes him/her to be treated in a way which is likely to cause unnecessary suffering or ‘injury to health’ (s 1(1) of the CYPA).

Offence is triable either way and the penalty is a fine or imprisonment (summarily 6 months, 10 years on indictment).

Question 12

The offence of child cruelty

“Injury to health” includes:

Answer 12

• Physical injury or loss of ‘sight, hearing, limb or organ of the body’; and
• Psychological problems such as ‘mental derangement’

Question 13

Cigarettes and young people

A constable in uniform has a duty to…

Answer 13

Seize any cigarettes, tobacco, or cigarette papers in the possession of a young person who is smoking in a street or public place (s 7(3) of the CYPA).

This applies for a young person who either is, or appears to be, under 16.

Seized items should be disposed.

Question 14

Selling cigarettes, cigarette papers or tobacco to young people under the age of 18 years is an offence under what legislation?

The sale of e-cigarettes to under 18s is an offence under what legislation?

Answer 14

s 7 of the CYPA

Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015

However, under s 7(1A) of the CYPA 1933 it is a defence if it can be proved that a shopkeeper ‘took all reasonable precautions and exercised all due diligence to avoid the commission of the offence’.

Question 15

Selling cigarettes, e-cigarettes, cigarette papers or tobacco to young people under the age of 18 years is triable by what?

Answer 15

Triable summarily and the penalty is a fine.

If a person is convicted on an s 7 of the CYPA offence on two or more occasions within 2 years, the magistrates court can apply a restriction under s 12.

This bans the offender from selling or managing premises for selling tobacco related products. Summary offence to contravene such an order and penalty is a fine.

Question 16

Children and Young Persons Act 1933

11 Exposing children under seven to risk of burning

It is an offence for…

Answer 16

A person over 16 commits an offence if a child under 12 is killed or suffers serious injury because the carer allowed the child to be in a room containing an open fire grate or any heating appliance.

The appliance must have been liable to cause injury to a person by contact with it and not sufficiently protected to guard against the risk of being burnt or scalded without taking reasonable precautions against that risk.

The penalty for this summary offence is a fine.

Question 17

What powers do the police have under s 11 of the Children Act 2004?

Answer 17

Power to take children under 18 into police protection, if the child’s safety seems to be at immediate risk where no action taken (s 46 of the Children Act 1989).

In such (absolutely necessary) circumstances the local authority will apply to a court for an Emergency Protection Order (EPO).

Initiating officer (unless exceptional circumstances) should have seen the child and assess the circumstances.

Child can be in protection up to 72 hours (s 46(6) of the Children Act 1989.

Question 18

Procedure for police protection

Police protection can involve moving the child to a safe place, or preventing his/her removal from a safe place. Section 46(1) of the Children Act 1989 state that where a police officer ‘has reasonable cause to believe that a child would otherwise be likely to suffer significant harm’ he/she may….

Answer 18

1. Remove the child to suitable accommodation and keep him/her there.
2. Take all reasonable steps to ensure that his/her removal from a hospital (or other place in which he/she is accommodated) is prevented.

Question 19

What are the two separate and distinct roles for the police in relation to police protection?

Answer 19

Initiating officer and the designated officer.

The designated officer will be at least rank inspector and cannot be the initiating officer for the same case.

He/she must independently overview the circumstances in which the child was taken into protection.

Question 20

What is the role of the initiating officer?

Answer 20

Takes the child into police protection, undertakes the initial enquiries, and completes a Police Protection Form ASAP.

Under s46(3) of the Children Act 1989, the initiating officer must as soon as is reasonably practicable also:

a) inform the local authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them;
(b) give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated;
(c) inform the child (if he appears capable of understanding)—

(i) of the steps that have been taken with respect to him under this section and of the reasons for taking them; and
(ii) of the further steps that may be taken with respect to him under this section;

(d) take such steps as are reasonably practicable to discover the wishes and feelings of the child;
(e) secure that the case is inquired into by an officer designated for the purposes of this section by the chief officer of the police area concerned; and
(f) where the child was taken into police protection by being removed to accommodation which is not provided—

(i) by or on behalf of a local authority; or
(ii) as a refuge, in compliance with the requirements of section 51,secure that he is moved to accommodation which is so provided.

Question 21

The role of the initiating officer?

As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform—

Answer 21

(a) the child’s parents;
(b) every person who is not a parent of his but who has parental responsibility for him; and
(c) any other person with whom the child was living immediately before being taken into police protection,

…of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this section.

Question 22

Parental responsibility in terms of the Children Act 1989 means…

Answer 22

“all the rights, duties, powers, responsibilities and authority by which law a parent of a child has in relation to that child and [his/her] property”.

Can be held by parents/step parents and in certain circumstances administrative bodies e.g local authority.

Question 23

The question. of who has parental responsibility is covered in ss 2 and 3 of the Children Act 1989. The key points are:

Answer 23

A) Where a child’s father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child.

B) Where a child’s father and mother were not married to each other at the time of his birth the mother shall have parental responsibility for the child, and so will the father if the child was jointly registered after 1 December 2003 (s 2(2)).

C) More than one person can have parental responsibility for the same child at the same time (s 2(5)), and each may act alone to meet that responsibility (s 2(7)).

D) A person who has parental responsibility for a child does not cease to have the responsibility simply because another person acquires responsibility for the child (s 2(6)).

Question 24

What is suitable accommodation for a child considered to be?

Answer 24

Local authority accommodation, a registered children’s home, or foster care.

Relatives or other appropriate carers can also be used if the designated officer and social services consider it appropriate.

Child may be taken to hospital if medical attention is required.

Child should not be taken to a police station unless there is absolutely no alternative, and under no circumstances should he/she be taken into the custody suite or cell area.