5.7 Child Abuse and Information Communication Technology

RELATED CHAPTERS

1. The Internet

As technology develops, the Internet and its range of content services can be accessed through various devices including mobile phones, text messaging and mobile camera phones as well as computers and game consoles. As a consequence the Internet has become a significant tool in the distribution of indecent/pseudo photographs and video clips of children and young people.

Internet chat rooms, discussion forums and bulletin boards are used as a means of contacting children with a view to grooming them for inappropriate or abusive relationships, which may include requests to make and transmit indecent images of themselves or to perform sexual acts live in front of a web cam.

Contacts made initially in a chat room are likely to be carried on via email, instant messaging services, mobile phone and text messaging. There is also a growing cause for concern about the exposure of children to inappropriate material via interactive communication technology e.g. adult pornography and extreme forms of obscene material.

2. Child Abuse and the Adult

There is some evidence that people found in possession of indecent photographs/pseudo photographs or films/videos of children may now or in the future be involved directly in child abuse themselves. When someone is discovered to have placed or accessed such material on the Internet, the Police will consider the potential likelihood that the individual is involved in the active abuse of children.

In particular, the individual’s access to children should be established within the family, within employment contexts and in other settings such as voluntary work with children or other positions of trust.

It should be borne in mind that any indecent, obscene image involving a child has, by its very nature, involved a person, who in creating that image has been party to abusing that child.

3. Sexual Offences Act 2003 and Grooming

Section 15 of the Sexual Offences Act 2003 makes it an offence for a person (A) aged 18 or over to meet intentionally, to travel with the intention of meeting or arrange to meet, a child under 16 in any part of the world, or cause that child to travel with the intention of meeting them, he has met or communicated with that child on at least two earlier occasions, and intends to commit a “relevant offence” against that child either at the time of the meeting or on a subsequent occasion. An offence is not committed if (A) reasonably believes the child to be 16 or over.

The section is intended to cover situations where an adult (A) establishes contact with a child through for example, communications on the internet and gains the child’s trust and confidence so that he can arrange to meet the child for the purpose of committing a “relevant offence” against the child.

The course of conduct prior to the meeting that triggers the offence may have an explicitly sexual content, such as (A) entering into conversations with the child about sexual acts he wants to engage him/her in when they meet, or sending images of adult pornography. However, the prior meetings or communication need not have an explicitly sexual content and could for example simply be (A) giving swimming lessons or meeting him/her incidentally through a friend.

The offence will be complete either when, following the earlier communications, (A) meets the child or travels to meet the child or the child travels to meet them, and (A) has the intent to commit a relevant offence against the child. The intended offence does not have to take place.

The evidence of (A’s) intent to commit an offence may be drawn from the communications between (A) and the child before the meeting or may be drawn from other circumstances, for example if (A) travels to the meeting with ropes, condoms and lubricants.

Subsection (2) (a) provides that (A’s) previous meetings or communications with the child can have taken place in or across any part of the world. This would cover for example (A) emailing the child from abroad, (A) and the child speaking on the telephone abroad, or (A) meeting the child abroad. The travel to the meeting itself must at least partly take place in England or Wales or Northern Ireland.

4. Guidance upon the Discovery of Indecent Images of Children

As many professionals working within different organisations have increased access to the Internet or World Wide Web, therefore the opportunity for computer misuse also grows.

All organisations within the Safeguarding Children Group, should have clear set policies and procedures in place, backed up with guidance and training, addressing the issue of employees accessing illegal child Sexual Abuse Material. Managers should have a clear understanding of what procedure to follow should they be informed that one of their staff members is suspected of accessing such images on a works computer.

It is a criminal act under Section 1 of the Protection of Children Act 1978 for any person to take, or make or distribute or show any indecent photographs or pseudo photographs of children. These are arrestable offences.

Upon the receipt of any information concerning a person or persons suspected of this kind of activity, the department head should notify the Police MASH immediately. No downloading or distribution of any images should be completed, either internally or externally within the organisation, as this will leave the individuals responsible open to criminal investigation.

The computer should be left and not used by anyone, allowing this to be seized as evidence for forensic examination by the Police. The details of all persons having access to the computer should be made available to allow a clear evidence trail to be established.

5. Referral and Strategy Discussion

Where there is suspected or actual evidence of anyone accessing or creating indecent images of children, this must be referred to the Police MASH and Children’s Social Care Services – see Section 6, Outcome of the Section 47 Enquiry.

Where there are concerns about a child being groomed, exposed to pornographic material or contacted by someone inappropriately, via the Internet or other ICT tools like a mobile phone, referrals should be made to the Police MASH and to Children’s Social Care Services.

Due to the nature of this type of abuse and the possibility of the destruction of evidence, the referrer should first discuss their concerns with the Police MASH and Children’s Social Care Services before raising the matter with the family. This will enable a joint decision to be made about informing the family and ensuring that the child’s welfare is safeguarded.

All such reports should be taken seriously. Most referrals will be followed by a Social Work Assessment and information should be shared between the Police MASH and Children’s Social Care Services in order to determine whether a Strategy Discussion should take place.

A Strategy Discussion and any Section 47 Enquiry and Social Work Assessment must carefully consider:

Is there a child suffering or likely to suffer Significant Harm e.g. the child in the image or a child in the household?
What is the impact on the child in the image/in the household in terms of risks and their needs?
Are there other children visiting the household? What is the impact on them?
Is the child about to meet with the person inappropriately contacting them?
Is the person accessing images or creating them in contact with children in their workplace?
Is the person inappropriately contacting the child in contact with children in their workplace?
Is the person accessing or creating images involved in voluntary work, youth work or any other activity involving positions of trust?
Is the person inappropriately contacting the child involved in voluntary work, youth work or any other activity involving a position of trust?
What is the timescale for a forensic investigation of any computer equipment?
If the person is to be investigated, how should their contact with children be managed in the meantime, in the workplace and/or at home?
Should other procedures, such as the Allegations Against Persons who Work with Children Procedurebe triggered?
Is the other parent or any other carer in the household able to protect the child? What support networks do they have?
What are the implications of the likely delay in the criminal investigations?

Intervention should be continually under review if further evidence comes to light.

6. Outcome of the Section 47 Enquiry

Where the enquiries have revealed that there are children in the household or in regular contact with the household about whom there are concerns of continuing risk of suffering or likely to suffer Significant Harm, an Initial Child Protection Conference must be convened within 15 working days of the last Strategy Discussion.

Where there are no children identified as suffering or likely to suffer Significant Harm in relation to the adult, the Police will continue with investigations in order to establish the identity of the child/ren in the images if at all possible. The Home Office Child Abuse Image Database (CAID) will be informed as appropriate.

Where there are no children identified in the adult’s household or immediate home environment but the adult is in contact with children in other settings such as work or other activities, the relevant procedure such as the Allegations Against Persons who Work with Children Procedureshould be followed.

Where the person, who is alleged to have accessed or created the indecent images or groomed another child, is a child, action under the Abuse by Children and Young People who Display Sexually Harmful Behaviour Procedure should be considered.

7. Actions to be taken where an Employee has Concerns about a Colleague

Where an employee has either information or reason to suspect that a colleague is accessing indecent images of children, the following procedures must be followed:

The employee with the concerns must inform his/her own line manager the same working day;
Where the concerns are about the line manager, then the employee should go straight to the next in line senior manager, or any other senior manager, within the same working day;
The manager who receives the information should ensure the computer in question is appropriately secured, and that it is not used by any other employee;
The Local Authority Designated Officer (LADO) must be contacted on 01603 223 473 on the same day;
Where an employee does not feel confident in informing any available line manager, then the agency’s own whistle-blowing procedures should be used or they should contact the LADO Team directly;
The LADO and the manager will ensure that the Children’s Advice and Duty Service (CADS) is contacted and actions agreed the same working day;
Identified senior managers will discuss and agree appropriate immediate actions regarding the employee subject to the allegations. There should be liaison with the LADO and the views of the police should be canvassed to inform the decision;
The Local Authority Designated Officer will ensure the Child Protection Procedures are followed, including the Allegations Against Persons who Work with Children Procedure, where appropriate.

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