Child on Child Abuse

Policy and Procedure

Approved by: Senior Leadership Team        Reviewed Date: September 2023

Ratification by Governors: Next AGC                                                                                                        Next Review Date: September 2024

Allegations of abuse made against other pupils – ‘Child on Child Abuse’

We recognise that children are capable of abusing their peers. Abuse will never be tolerated or passed off as “banter”, “just having a laugh” or “part of growing up”.

We also recognise the gendered nature of child-on-child abuse (i.e. that it is more likely that girls will be victims and boys perpetrators). All staff should recognise that children are capable of abusing their peers. Child on Child abuse can take different forms e.g.

• sexual violence and sexual harassment: Sexually harmful behaviour from young people is not always contrived or with the intent to harm others. There may be many reasons why a young person engages in sexually harmful behaviour and it may be just as distressing to the young person who instigates it as well as the young person it is intended towards. Sexually harmful behaviour may range from inappropriate sexual language, inappropriate role play, to sexually touching another or sexual assault/abuse. Up skirting is a criminal offense which is typically when a photograph is taken under a person's clothing without them knowing, for sexual gratification or to cause the victim humiliation, distress or alarm
• physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm. There may be many reasons why a child harms another and it is important to understand why a young person has engaged in such behaviour, including accidently before considering the action or punishment to be undertaken.
• bullying: Bullying is unwanted, aggressive behaviour among school aged children that involves a real or perceived power imbalance. The behaviour is repeated, or has the potential to be repeated, over time. Both young people who are bullied and who bully others may have serious, lasting problems.

In order to be considered bullying, the behaviour must be aggressive and include:

• An Imbalance of Power: Young people who bully use their power—such as physical strength, access to embarrassing information, or popularity—to control or harm others. Power imbalances can change over time and in different situations, even if they involve the same people.
• Repetition: Bullying behaviours happen more than once or have the potential to happen more than once.

Bullying includes actions such as making threats, spreading rumours, attacking someone physically or verbally or for a particular reason e.g. size, hair colour, gender, sexual orientation, and excluding someone from a group on purpose.

• cyber bullying: is the use of phones, instant messaging, e-mail, chat rooms or social networking sites such as Facebook and Twitter to harass threaten or intimidate someone for the same reasons as stated above. It is important to state that cyber bullying can very easily fall into criminal behaviour under the Malicious Communications Act 1988 under section 1 which states that electronic communications which are indecent or grossly offensive, convey a threat or false information or demonstrate that there is an intention to cause distress or anxiety to the victim would be deemed to be criminal. This is also supported by the Communications Act 2003, Section 127 which states that electronic communications which are grossly offensive or indecent, obscene or menacing, or false, used again for the purpose of causing annoyance, inconvenience or needless anxiety to another could also be deemed to be criminal behaviour. If the behaviour involves the use of taking or distributing indecent images of young people under the age of 18 then this is also a criminal offence under the Sexual Offences Act 2003. Outside of the immediate support young people may require in these instances, the school will have no choice but to involve the police to investigate these situations.
• sexting (also known as youth produced sexual imagery): is when someone sends or receives a sexually explicit text, image or video. This includes sending ‘nude pics’, ‘rude pics’ or ‘nude selfies’. Pressuring someone into sending a nude picture can happen in any relationship and to anyone, whatever their age, gender or sexual preference. However, once the image is taken and sent, the sender has lost control of the image and these images could end up anywhere. By having in their possession, or distributing, indecent images of a person under 18 on to someone else, young people are not even aware that they could be breaking the law as stated as these are offences under the Sexual Offences Act 2003.
• initiation/hazing type violence and rituals: Hazing is a form of initiation ceremony which is used to induct newcomers into an organisation. There are a number of different forms, from relatively mild rituals to severe and sometimes violent ceremonies. The idea behind this practice is that it welcomes newcomers by subjecting them to a series of trials which promote a bond between them. After the hazing is over, the newcomers also have something in common with older members of the organisation, because they all experienced it as part of a rite of passage. Many rituals involve humiliation, embarrassment, abuse, and harassment.
• prejudiced behaviour: this refers to a range of hurtful behaviour, physical or emotional or both, which causes someone to feel powerless, worthless, excluded or marginalised, and which is connected with prejudices around belonging, identity and equality in wider society – in particular, prejudices to do with disabilities and special educational needs, ethnic, cultural and religious backgrounds, gender, home life, (for example in relation to issues of care, parental occupation, poverty and social class) and sexual identity (homosexual, bisexual, transsexual).

All allegations of Child on Child abuse will be taken seriously and must be investigated. The investigation should be carried out in a sensitive manner and it should be made clear that abuse should never be tolerated or passed off as a ‘banter’ or ‘part of growing up’.

Expected action taken from staff

Although the type of abuse may have a varying effect on the victim and initiator of the harm, at the Coop Academy Bebington we take these steps to help clarify the situation and establish the facts before deciding the consequences for those involved in perpetrating harm. We recognise that it is important to deal with a situation of child-on child abuse immediately and sensitively. It is necessary to gather the information as soon as possible to get the true facts around what has occurred as soon after, as the young person may have forgotten. It is equally important to deal with it sensitively and think about the language used and the impact of that language on both the children and the parents when they become involved. For example; do not use the word perpetrator, this can quickly create a ‘blame’ culture and leave a child labelled.

In all cases of Child on Child abuse we ensure that staff are trained in dealing with such incidents, talking to young people and instigating immediate support in a calm and consistent manner. Staff are not prejudiced, judgemental, dismissive or irresponsible in dealing with such sensitive matters.

1. Gather the Facts

The member of staff will speak to all of the young people involved separately, gain statements of facts from them and use consistent language and open questions for each account.

2. Consider the Intent (begin to Risk Assess)

The staff member will then consider the intent behind the incident. Has this been a deliberate or contrived situation for a young person to be able to harm another?

3. Decide on the next course of action

If from the information gathered suggests any young person to be at risk of significant harm, staff must make a safeguarding referral to the DSL or DDSL

4. Informing parents

If, once appropriate advice has been sought from police/social care agreement to inform parents has been sought; parents will be informed as soon as possible. In all circumstances where the risk of harm to the young person is evident then the School will encourage the young person to share the information with their parent.

Key Points that staff will consider:

What is the age of the children involved?

How old are the young people involved in the incident and is there any age difference between those involved?

Where did the incident or incidents take place?

Was the incident in an open, visible place to others? If so, was it observed? If not, is more supervision required within this particular area?

What was the explanation by all children involved of what occurred?

Can each of the young people give the same explanation of the incident and also what is the effect on the young people involved? Is the incident seen to be bullying for example, in which case regular and repetitive? Is the version of one young person different from another and why?

What is each of the children’s own understanding of what occurred?

Do the young people know/understand what they are doing? E.g. do they have knowledge of body parts, of privacy and that it is inappropriate to touch? Is the young person’s explanation in relation to something they may have heard or been learning about that has prompted the behaviour? Is the behaviour deliberate and contrived? Does the young person have an understanding of the impact of their behaviour on the other person? In dealing with an incident of this nature the answers are not always clear cut. If you are concerned or unsure as to whether or not there is any risk involved, please seek advice from Children’s Services Social Care.

Repetition

Has the behaviour been repeated to an individual on more than one occasion? In the same way it must be considered, has the behaviour persisted to an individual after the issue has already been discussed or dealt with and appropriately resolved?

Next Steps

At Co-op Academy Bebington we ensure that once the outcome of any incident(s) has been established it is necessary to ensure that future incidents of abuse do not occur again and we consider appropriate support and intervention required for those involved.

For the young person who has been harmed:

• What support they require depends on the individual young person. It may be that they wish to seek counselling or one to one support via a mentor. It may also be that they feel able to deal with the incident(s) on their own or with support of family and friends. In which case, it is necessary that this young person continues to be monitored and offered support should they require it in the future. If the incidents are of a bullying nature, the young person may need support in improving peer groups/relationships with other young people or some restorative justice work with all those involved may be required.
• Other interventions that could be considered may target a whole class or year group for example a speaker on cyber bullying, relationship abuse etc. It may be that through the continued curriculum of PSHE and form time that certain issues can be discussed and debated more frequently.
• If the young person feels particularly vulnerable it may be that a risk assessment can be put in place for them whilst in school so that they have someone named that they can talk to, support strategies for managing future issues and identified services to offer additional support.

For the young person who has displayed harmful behaviour:

• In this circumstance it is important to find out why the young person has behaved in such a way. It may be that the young person is experiencing their own difficulties and may even have been harmed themselves in a similar way. In such cases support such as one to one mentoring or counselling may also be necessary.
• Once the support required to meet the individual needs of the young person has been met, it is important that the young person receives a consequence for their behaviour. This may be in the form of restorative justice e.g. making amends with the young person they have targeted if this has been some form of bullying. In the cases of sexually harmful behaviour it may be a requirement for the young person to engage in one to one work with a particular service or agency (if a crime has been committed this may be through the police or youth offending service). If there is any form of criminal investigation ongoing it may be that this young person cannot be educated on site until the investigation has concluded. In which case, the young person will need to be provided with appropriate support and education whilst off site.
• Even following the conclusion of any investigation the behaviour that the young person has displayed may continue to pose a risk to others in which case an individual risk assessment may be required. This should be completed via a multi-agency response to ensure that the needs of the young person and the risks towards others are measured by all of those agencies involved including the young person and their parents. This may mean additional supervision of the young person or protective strategies if the young person feels at risk of engaging in further inappropriate or harmful behaviour.
• The School will also consider a punitive sanction as a consequence such as internal exclusion or external exclusion for a period of time to allow the young person to reflect on their behaviour.

After care

At Co-op Academy Bebington we recognise it is important that following the incident the young people involved continue to feel supported and receive help even if they have stated that they are managing the incident. As sometimes the feelings of remorse, regret or unhappiness may occur at a much later stage than the incident. We ensure that the young people do not engage in any further harmful behaviour either towards someone else or to themselves as a way of coping (e.g. self-harm). We have regular reviews with the young people after such incidents.

Preventative Strategies for Schools and Settings

At Co-op Academy Bebington, we have developed appropriate strategies in order to prevent the issue of Child on Child abuse rather than manage the issues in a reactive way.

• We recognise that Child on Child abuse can and will occur on any site even with the most stringent of policies and support mechanisms. We manage such risks; reviewing and evaluating, so we can improve and move forward with strategies in supporting young people and through sharing information with all staff.
• We strive to provide an open environment where young people feel safe to share information about anything that is upsetting or worrying them. This is strengthened through our strong and positive PSHE curriculum, which tackles such issues as prejudiced behaviour and gives children an open forum to talk things through rather than seek one on one opportunities to be harmful to one another.
• We encourage our young people to support changes and develop a positive ethos in school and one where all young people understand the boundaries of behaviour before it becomes abusive.

Child on Child Sexual Violence and Sexual Harassment

The DfE has produced (in May 2018) advice on Sexual violence and sexual harassment between children in schools and colleges and this includes, what sexual violence and sexual harassment look like, important context to be aware of, related legal responsibilities for schools and colleges and advice on a whole school or college approach to preventing child on child sexual violence and sexual harassment.

(https://www.gov.uk/government/publications/sexual-violence-and-sexual-harassmentbetween-children-in-schools-and-colleges)

Sexual violence and sexual harassment can occur between two children of any age and sex. It can also occur through a group of children sexually assaulting or sexually harassing a single child or group of children.

Children who are victims of sexual violence and sexual harassment will likely find the experience stressful and distressing. This will, in all likelihood, adversely affect their educational attainment. Sexual violence and sexual harassment exist on a continuum and may overlap, they can occur online and offline (both physical and verbal) and are never acceptable. It is important that all victims are taken seriously and offered appropriate support. Staff should be aware that some groups are potentially more at risk. Evidence shows girls, children with SEND and LGBT children are at greater risk.

Staff should be aware of the importance of:

• making clear that sexual violence and sexual harassment is not acceptable, will never be tolerated and is not an inevitable part of growing up;
• not tolerating or dismissing sexual violence or sexual harassment as “banter”, “part of growing up”, “just having a laugh” or “boys being boys”;
• challenging behaviours (potentially criminal in nature), such as grabbing bottoms, breasts and genitalia, flicking bras and lifting up skirts. Dismissing or tolerating such behaviours risks normalising them.

What is Sexual violence and sexual harassment?

Sexual violence

It is important that staff are aware of sexual violence and the fact children can, and sometimes do, abuse their peers in this way. When referring to sexual violence we are referring to sexual offences under the Sexual Offences Act 2003105 as described below:

Rape: A person (A) commits an offence of rape if: he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration and A does not reasonably believe that B consents.

Assault by Penetration: A person (A) commits an offence if: s/he intentionally penetrates the vagina or anus of another person (B) with a part of her/his body or anything else, the penetration is sexual, B does not consent to the penetration and A does not reasonably believe that B consents.

Sexual Assault: A person (A) commits an offence of sexual assault if: s/he intentionally touches another person (B), the touching is sexual, B does not consent to the touching and A does not reasonably believe that B consents.

What is consent?

Consent is about having the freedom and capacity to choose. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice.

Sexual harassment

When referring to sexual harassment we mean ‘unwanted conduct of a sexual nature’ that can occur online and offline. When we reference sexual harassment, we do so in the context of child on child sexual harassment. Sexual harassment is likely to: violate a child’s dignity, and/or make them feel intimidated, degraded or humiliated and/or create a hostile, offensive or sexualised environment. Whilst not intended to be an exhaustive list, sexual harassment can include:

• sexual comments, such as: telling sexual stories, making lewd comments, making sexual remarks about clothes and appearance and calling someone sexualised names;
• sexual “jokes” or taunting;
• physical behaviour, such as: deliberately brushing against someone, interfering with someone’s clothes, up skirting and displaying pictures, photos or drawings of a sexual nature;
• online sexual harassment. This may be standalone, or part of a wider pattern of sexual harassment and/or sexual violence. It may include:

• non-consensual sharing of sexual images and videos;
• sexualised online bullying;
• unwanted sexual comments and messages, including, on social media;
• sexual exploitation; coercion and threats

Responding to reports of sexual violence and sexual harassment

The initial response to a report from a child is important. It is essential that all victims are reassured that they are being taken seriously and that they will be supported and kept safe. A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. Nor should a victim ever be made to feel ashamed for making a report.

Reports of sexual violence and sexual harassment are likely to be complex and require difficult professional decisions to be made, often quickly and under pressure.

If staff become aware of sexual violence or sexual harassment between children this must be reported immediately to the DSL or a DDSL. The DSL/DDSL will take a leading role and using their professional judgement, will seek support from other agencies, such as children’s social care and the police as required. (Paragraph 43 and Annex A in the Sexual violence and sexual harassment between children in schools and colleges advice provides information and links to resources and advice on support available.)

If a pupil does make a report then staff should:

• not promise confidentiality as it is very likely a concern will have to be shared further.

The report should only be shared with DSL or a DDSL. It is important that the victim understands what the next steps will be and who the report will be passed to;

• recognising a child is likely to disclose to someone they trust: this could be anyone on the School staff. It is important that the member of staff to whom the child discloses recognises that the child has placed them in a position of trust. They should be supportive and respectful of the child;
• listen carefully to the child, being non-judgmental, being clear about boundaries and how the report will be progressed, not asking leading questions and only prompting the child where necessary with open questions – where, when, what, etc.;
• consider the best way to make a record of the report. Best practice is to wait until the end of the report and immediately write up a thorough summary. This allows the staff member to devote their full attention to the child and to listen to what they are saying. It may be appropriate to make notes during the report (especially if a second member of staff is present). However, if making notes, staff should be conscious of the need to remain engaged with the child and not appear distracted by the note taking. Either way, it is essential a written record is made;
• only record the facts as the child presents them. The notes should not reflect the personal opinion of the note taker. The report could become part of a statutory assessment by children’s social care and/or part of a criminal investigation;
• where the report includes an online element; the key consideration is for staff not to view or forward illegal images of a child.
• if possible, manage reports with two members of staff present, (preferably one of them being the DSL or a DDSL).
• inform the DSL or a DDSL, as soon as practically possible, if the DSL or DDSL is not involved in the initial report.

Risk Assessment

When there has been a report of sexual violence, the DSL or a DDSL will make an immediate risk and needs assessment (see appendix). Where there has been a report of sexual harassment, the need for a risk assessment will be considered on a case-by-case basis.

The risk and needs assessment should consider:

• the victim, especially their protection and support;
• the alleged perpetrator;
• all the other children (and, if appropriate staff) at the school, especially any actions that are appropriate to protect them. Risk assessments will be recorded (written or electronic) and will be kept under review.

The DSL/DDSLs will engage with children’s social care and specialist services as required. Where there has been a report of sexual violence, it is likely that professional risk assessments by social workers and or sexual violence specialists will be required.

The risk assessment is not intended to replace the detailed assessments of expert professionals. Any such professional assessments should be used to inform the School’s approach to supporting and protecting their pupils and updating their own risk assessment.

Action following a report of sexual violence and/or sexual harassment What to consider; important considerations will include:

• the wishes of the victim in terms of how they want to proceed. This is especially important in the context of sexual violence and sexual harassment. Victims should be given as much control as is reasonably possible over decisions regarding how any investigation will be progressed and any support that they will be offered;
• the nature of the alleged incident(s), including: whether a crime may have been committed and consideration of harmful sexual behaviour;
• the ages of the children involved;
• the developmental stages of the children involved;
• any power imbalance between the children, e.g., is the alleged perpetrator significantly older, more mature or more confident? Does the victim have a disability or learning difficulty?
• if the alleged incident is a one-off or a sustained pattern of abuse;
• are there ongoing risks to the victim, other children, or school staff;
• other related issues and wider context.

As always when concerned about the welfare of a child, the best interests of the child are paramount and immediate consideration should be given as to how best to support and protect the victim and the alleged perpetrator (and any other children involved/impacted).

The starting point regarding any report is that sexual violence and sexual harassment is not acceptable and will not be tolerated. It is important not to pass off any sexual violence or sexual harassment as ‘banter’, ‘part of growing up’ or ‘having a laugh’.

Initial considerations when the report is made:

•Any report of sexual violence is likely to be traumatic for the victim. However, reports of rape and assault by penetration are likely to be especially difficult with regard to the victim and close proximity with the alleged perpetrator is likely to be especially distressing.

•Whilst the facts are established and whilst the process of liaising with children’s social care and the police begins, the alleged perpetrator should be removed from any classes they share with the victim. The victim and alleged perpetrator will need to be kept a reasonable distance apart on school premises and on transport to and from the school, where appropriate. These actions are in the best interests of both children and should not be perceived to be a judgment on the guilt of the alleged perpetrator.

•For other reports of sexual violence and sexual harassment, the proximity of the victim and alleged perpetrator and considerations regarding shared classes, sharing school premises and school transport, should be considered immediately.

In all cases, the initial report should be carefully evaluated, reflecting the considerations set out above. The wishes of the victim, the nature of the allegations and the protection of all children in the school will be especially important when considering any immediate actions.

Options to manage the report

There are four likely scenarios for schools to consider when managing any reports of sexual violence and/or sexual harassment.

1. Manage internally

• In some cases of sexual harassment, for example, one-off incidents, the school may take the view that the children concerned are not in need of early help or statutory intervention and that it would be appropriate to handle the incident internally, through utilising the School’s behaviour policies and by providing pastoral support.
• The school’s response will be underpinned by the principle that sexual violence and sexual harassment is never acceptable and will not be tolerated.
• All concerns, discussions, decisions and reasons for decisions should be recorded (written or electronic).

2. Early help

• In line with 1 above, the school may decide that the children involved do not require statutory interventions, but may benefit from early help. Early help means providing support as soon as a problem emerges, at any point in a child’s life. Providing early help is more effective in promoting the welfare of children than reacting later. Early help can be particularly useful to address non-violent harmful sexual behaviour and may prevent escalation of sexual violence.
• All concerns, discussions, decisions and reasons for decisions should be recorded (written or electronic).

3. Referrals to children’s social care

• Where a child has been harmed, is at risk of harm, or is in immediate danger, a referral to local children’s social care will be carried out.
• At the referral to children’s social care stage, parents or carers will generally be informed, unless there are compelling reasons not to (if informing a parent or carer is going to put the child at additional risk). Any such decision should be made with the support of children’s social care.
• If a referral is made, children’s social care will then make enquiries to determine whether any of the children involved are in need of protection or other services.
• Where statutory assessments are appropriate, the DSL will work alongside, and cooperate with, the relevant lead social worker. Collaborative working will help ensure the best possible package of coordinated support is implemented for the victim and, where appropriate, the alleged perpetrator and any other children that require support.
• The School will not wait for the outcome (or even the start) of a children’s social care investigation before protecting the victim and other children in the School. The DSL/DDSL will work closely with children’s social care (and other agencies as required) to ensure any actions the School takes do not jeopardise a statutory investigation. A risk assessment will help inform any decision. Consideration of safeguarding the victim, alleged perpetrator, any other children directly involved in the safeguarding report and all children at the School should be immediate.
• In some cases, children’s social care will review the evidence and decide a statutory intervention is not appropriate. The DSL/DDSL should be prepared to refer again if they believe the child remains in immediate danger or at risk of harm. If a statutory assessment is not appropriate, the DSL/DDSL should consider other support mechanisms such as early help, specialist support and pastoral support.
• Whatever the response, it should be under-pinned by the principle that sexual violence and sexual harassment is never acceptable and will not be tolerated.
• All concerns, discussions, decisions and reasons for decisions should be recorded (written or electronic).

4. Reporting to the Police

• Any report to the police will generally be in parallel with a referral to children’s social care (as above).
• Where a report of rape, assault by penetration or sexual assault is made, the starting point is this should be passed on to the police. Whilst the age of criminal responsibility is ten, if the alleged perpetrator is under ten, the starting principle of reporting to the police remains. The police will take a welfare, rather than a criminal justice, approach.
• At this stage, the School will generally inform parents or carers unless there are compelling reasons not to, for example, if informing a parent or carer is likely to put a child at additional risk. In circumstances where parents or carers have not been informed, it will be especially important for the School to support the child in any decision they take. This should be with the support of children’s social care and any appropriate specialist agencies.
• Where a report has been made to the police, the School will consult the police and agree what information can be disclosed to staff and others, in particular, the alleged perpetrator and their parents or carers. They should also discuss the best way to protect the victim and their anonymity.
• All police forces in England have specialist units that investigate child abuse. The names and structures of these units are matters for local forces
• In some cases, it may become clear very quickly that the police (for whatever reason) will not take further action. In such circumstances, it is important that the School continues to engage with specialist support for the victim as required.
• Whatever the response, it should be under-pinned by the principle that sexual violence and sexual harassment is never acceptable and will not be tolerated.
• All concerns, discussions, decisions and reasons for decisions should be recorded (written or electronic).

Considering bail conditions

• From April 2017, the use of police bail has been dramatically reduced and will only be used when deemed necessary and proportionate in exceptional circumstances. Consideration will be given to less invasive options to safeguard victims and witnesses and the administration of justice. Therefore, it is less likely that a child attending school will be on police bail with conditions attached if there are alternative measures to mitigate any risk.
• In the absence of bail conditions, when there is a criminal investigation, early engagement and joined-up working between the School, children’s social care and the police will be critical to support the victim, alleged perpetrator and other children involved (especially potential witnesses). Where required, advice from the police should be sought in order to help the School manage their safeguarding responsibilities.
• The term ‘Released Under Investigation’ (RUI) will replace those previously on bail for offences in circumstances that do not warrant the application of bail to either re-attend on a particular date or to include conditions preventing activity or in some cases ensuring compliance with an administrative process.
• Where bail is deemed proportionate and necessary, the School will work with children’s social care and the police to manage any implications and safeguard their children. An important consideration will be to ensure that the victim can continue in their normal routine, including continuing to receive a suitable education.

Managing any delays in the criminal process

• There may be delays in any case that is being progressed through the criminal justice system. The School should not wait for the outcome (or even the start) of a police investigation before protecting the victim, alleged perpetrator and other children in the School.
• Whilst protecting children and/or taking any disciplinary measures against the alleged perpetrator, the DSL/DDSL will look to work closely with the police (and other agencies as required), to ensure any actions the School takes do not jeopardise the police investigation.

The end of the criminal process

• If a child is convicted or receives a caution for a sexual offence, the School will update its risk assessment, ensuring relevant protections are in place for all the children at the

School and will consider any suitable action in light of our behaviour policy. If the perpetrator remains at the same school as the victim, the School will be very clear as to our expectations regarding the perpetrator now they have been convicted or cautioned. This could include expectations regarding their behaviour and any restrictions the School thinks are reasonable and proportionate with regard to the perpetrator’s timetable.

• Any conviction (even with legal anonymity reporting restrictions) is potentially going to generate interest among other pupils in the School. It will be important that the School ensures both the victim and alleged perpetrator remain protected, especially from any bullying or harassment (including online).
• Where cases are classified as “no further action” (NFA’d) by the police or Crown Prosecution Service, or where there is a not guilty verdict, the School will continue to offer support to the victim and the alleged perpetrator for as long as is necessary. A not guilty verdict or a decision not to progress with their case will likely be traumatic for the victim. The fact that an allegation cannot be substantiated does not necessarily mean that it was unfounded. The School will discuss any decisions with the victim in this light and continue to offer support. The alleged perpetrator is also likely to require ongoing support for what will have likely been a difficult experience.

Ongoing response

Safeguarding and supporting the victim

The following principles should help shape any decisions regarding safeguarding and supporting the victim.

• Consider the age and the developmental stage of the victim, the nature of the allegations and the potential risk of further abuse. Schools should be aware that, by the very nature of sexual violence and sexual harassment, a power imbalance is likely to have been created between the victim and alleged perpetrator.
• The needs and wishes of the victim should be paramount (along with protecting the child) in any response. It is important they feel in as much control of the process as is reasonably possible. Wherever possible, the victim, if they wish, should be able to continue in their normal routine. Overall, the priority should be to make the victim’s daily experience as normal as possible, so that the School is a safe space for them.
• The victim should never be made to feel they are the problem for making a report or made to feel ashamed for making a report.
• The proportionality of the response will be considered. Support will be tailored on a case-by-case basis. The support required regarding a one-off incident of sexualised name-calling is likely to be vastly different from that for a report of rape.

Support can include:

• Children and Young People’s Independent Sexual Violence Advisors (ChISVAs) provide emotional and practical support for victims of sexual violence. They are based within the specialist sexual violence sector and will help the victim understand what their options are and how the criminal justice process works if they have reported or are considering reporting to the police. ChISVAs will work in partnership with schools and colleges to ensure the best possible outcomes for the victim. Savana is a local support service that supports any person affected by sexual violence including best friends and parents of the victim.
• Police and social care agencies can signpost to ChISVA services (where available) or referrals can be made directly to the ChISVA service by the young person or school or college. Contact details for ChISVAs can be found at Rape Crisis and The Survivors Trust.
• Child and adolescent mental health services (CAMHS)
• Rape Crisis Centre's can provide therapeutic support for children who have experienced sexual violence.
• Internet Watch Foundation (to potentially remove illegal images) Victims may not disclose the whole picture immediately. They may be more comfortable providing information on a piecemeal basis. It is essential that dialogue is kept open and encouraged. When it is clear that ongoing support will be required, the Schools will ask the victim if they would find it helpful to have a designated trusted adult (for example, their form tutor or DSL) to talk to about their needs. The choice of any such adult should be the victim’s.

A victim of sexual violence is likely to be traumatised and, in some cases, may struggle in a normal classroom environment. While the School will try to avoid any action that would have the effect of isolating the victim, in particular from supportive peer groups, there may be times when the victim finds it difficult to maintain a full-time timetable and may express a wish to withdraw from lessons and activities. This should be because the victim wants to, not because it makes it easier to manage the situation. The School will provide a physical space for victims to withdraw. It may be necessary for the School to maintain arrangements to protect and support the victim for a long time. The School will prepare for this and will work with children’s social care and other agencies as required.

The School will do everything they reasonably can to protect the victim from bullying and harassment as a result of any report they have made. Whilst they should be given all the necessary support to remain at the School, if the trauma results in the victim being unable to do this, alternative provision or a move to

another school or college should be considered to enable them to continue to receive suitable education. This should only be at the request of the victim (and following discussion with their parents or carers).

It is important that if the victim does move to another educational institution (for any reason), that the new educational institution is made aware of any ongoing support needs. The DSL should take responsibility to ensure this happens (and should discuss with the victim and, where appropriate, their parents or carers as to the most suitable way of doing this) as well as transferring the child protection file.

Ongoing considerations: Victim and alleged perpetrator sharing classes.

Once the report has been progressed, the School will need to consider the question of the victim and the alleged perpetrator sharing classes and space at school. It is the School’s duty to safeguard and to educate its pupils. Each report will be considered on a case by case basis and risk assessments will be updated as appropriate; the best interests of the child will always come first.

Where there is a criminal investigation into a rape, assault by penetration or sexual assault, the alleged perpetrator will be removed from any classes they share with the victim. The School will consider how best to keep the victim and the alleged perpetrator a reasonable distance apart on school premises and transport to and from school where appropriate. This is in the best interests of both children and should not be perceived to be a judgement on the guilt of the alleged perpetrator.

Where a criminal investigation into a rape, assault by penetration or sexual assault leads to a conviction or caution, the School will take suitable action. In all but the most exceptional of circumstances, the rape or assault will be seen as a serious breach of discipline and lead to the view that allowing the perpetrator to remain in the same school would seriously harm the education or welfare of the victim (and potentially other pupils). A permanent exclusion will be seriously considered. If the perpetrator is to remain at the School, then any possible contact with the victim will be managed. The nature of the conviction or caution and wishes of the victim will be especially important in determining the School’s actions.

Reports of sexual assault and sexual harassment will, in some cases, not lead to a report to the police. In some cases, rape, assault by penetration, sexual assault or sexual harassment are reported to the police and the case is not progressed or are reported to the police and ultimately result in a not guilty verdict. None of this means the offence did not happen or the victim lied. In school, appropriate support will be provided to both victim and alleged perpetrator as required and consideration given to sharing classes and potential contact as required on a case by case basis.

All of the above should have the needs and wishes of the victim at the heart of the process (supported by parents and carers as required). All arrangements will be kept under review.

In all cases, the School will record and justify its decision making.

Safeguarding and supporting the alleged perpetrator

The following should help shape any decisions regarding safeguarding and supporting the alleged perpetrator:

• The School will have a difficult balancing act to consider. On one hand they need to safeguard the victim (and the wider pupil/student body) and on the other hand provide the alleged perpetrator with an education, safeguarding support as appropriate and implement any disciplinary sanctions.
• The age and the developmental stage of the alleged perpetrator and nature of the allegations will be considered. Any child will likely experience stress as a result of being the subject of allegations and/or negative reactions by their peers to the allegations against them.
• The proportionality of the response should be considered. Support (and sanctions) should be considered on a case-by-case basis. An alleged perpetrator may potentially have unmet needs (in some cases these may be considerable) as well as potentially posing a risk of harm to other children. Harmful sexual behaviours in young children may be (and often are) a symptom of either their own abuse or exposure to abusive practices and or materials. Advice should be taken, as appropriate, from children’s social care, specialist sexual violence services and the police.
• It is important that if the alleged perpetrator does move to another educational institution (for any reason), that the new educational institution is made aware of any ongoing support needs and where appropriate, potential risks to other children and staff. The DSL should take responsibility to ensure this happens as well as transferring the child protection file.

Notifying parents

Where appropriate, we will discuss any concerns about a child with the child’s parents. The DSL will normally do this in the event of a suspicion or disclosure. Other staff will only talk to parents about any such concerns following consultation with the DSL.

If we believe that notifying the parents would increase the risk to the child, we will discuss this with the local authority children’s social care team before doing so.

In the case of allegations of abuse made against other children, we will normally notify the parents of all the children involved.

Pupils with special educational needs and disabilities

We recognise that pupils with special educational needs (SEN) and disabilities can face additional safeguarding challenges. Additional barriers can exist when recognising abuse and neglect in this group, including:

• Assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s disability without further exploration
• Pupils being more prone to peer group isolation than other pupils
• The potential for pupils with SEN and disabilities being disproportionately impacted by behaviours such as bullying, without outwardly showing any signs
• Communication barriers and difficulties in overcoming these barriers
• Specific Safeguarding Training will be delivered for staff working with SEN pupils through subscription to National Online Safety. The present SENCO has completed Level 3 Safeguarding Training.

Safety Plan for Child on Child Abuse/ Harmful Sexual Behaviour

This Safety plan is intended to be used when an incident(s) of Child on Child abuse has occurred or is likely to occur. The Safety plan will show considerations made for both/all pupils involved and will highlight the plan in place to keep all pupils safe. This will also take into consideration the wishes and feelings of all children involved. Each section/question will be considered from the perspective of all pupils involved. Considerations will also be given for the impact on, and needs of, the wider school community. All concerns and proposed actions will be recorded. The school will work with the local multi-agency safeguarding hub Open Door, Safeguarding Lead and other agencies as necessary when completing this risk assessment. This document should be reviewed frequently to ensure it is fit for purpose. The terms victim and child alleged to have caused harm are used to identify the children involved. NB: there should be no assumption of guilt on the part of the child alleged to have caused harm, pending investigation.

*A risk assessment should be completed for all cases relating to sexual violence or alleged sexual violence. Sexual violence is defined by the sexual offences act 2002 as “criminal acts: rape, assault by penetration and sexual assault".

*This risk assessment should be completed with reference to Keeping Children Safe In Education, DFE Sexual Violence and Sexual Harassment in schools and colleges.

CONSIDERATIONS        RISK (CONSIDER VICTIM, CHILD

ALLEGED TO HAVE CAUSED HARM, OTHER PUPILS AND STAFF) INCLUDE NOTES

RISK LEVEL (HIGH, MEDIUM OR LOW)

ACTIONS TO REDUCE RISK        REVISED RISK LEVEL (HIGH, MEDIUM OR LOW)

CONSIDERATIONS

RISK (CONSIDER VICTIM, CHILD ALLEGED TO HAVE CAUSED HARM, OTHER PUPILS AND STAFF) INCLUDE NOTES

RISK LEVEL (HIGH, MEDIUM OR LOW)

ACTIONS TO REDUCE RISK        REVISED RISK LEVEL (HIGH, MEDIUM OR LOW)

Further action taken by the school or college: Please complete for each child involved.