Vulnerable Children& YoungPeople

Transcription

1 Vulnerable Children& YoungPeople Good practice guidelines workingtogethertokeepourchildrensafe Developed in partnership with North Ayrshire, and North and South Lanarkshire Child Protection Committees.

2 Foreword As a result of the 2002 Scottish Child Protection Reform Programme, the Scottish Executive set up an expert group to look at better protection and support for some of Scotland s most vulnerable young people; children who run away from home and children who are exploited through prostitution. Based on the experiences of children and young people an expert group, a guidance pack Vulnerable Children and Young People Guidance Pack (Scottish Executive, 2003) was produced offering guidance and recommendations for professionals and agencies working with vulnerable children. In response to this guidance, East Renfrewshire Child Protection Committee has produced this good practice guidance for inter agency working with vulnerable children and young people. It is recognised that there is an increased risk of harm and exploitation to vulnerable children and young people who runaway, abscond or go missing from their place of residence. As such, it is important that all agencies know their responsibilities and the responsibilities of others to assist in the process of establishing the whereabouts and safe return of the child or young person. On return, agencies must then work together to plan and co-ordinate services to provide any additional support the child or young person may require. East Renfrewshire Child Protection Committee s Vulnerable Children & Young People Inter agency good practice guidance extends the original definition outlined by the Scottish Executive to ensure that support and protection is available to all vulnerable children and young people in our area. This inter-agency guidance does not replace existing policies and procedures relating to vulnerable children but should be used in conjunction with other relevant intra and inter-agency child protection procedures, protocols and guidance already in place. Vulnerable Children & Young People Good practice guidelines 1

3 Contents PAGES 1. The Scope & Purpose of guidance Vulnerable Children & Young People 1.2 Prevention 1.3 Young Person s Views 2. Legislative Framework The UN Convention on the Rights of the Child 2.2 The Children (Scotland) Act Protection of Children & Prevention of Sexual Offences (Scotland) Act Internet Safety 2.5 The Law & Running Away 2.6 Refuge Provision 2.7 Criminal Law on the Sexual Exploitation of Children Through Prostitution 2.8 Criminal Law relating to Prostitution 2.9 Protection of Children (Scotland) Act Identified Vulnerabilities Statistical Evidence 3.2 Identified Vulnerabilities 3.3 Children and Young People on the Child Protection Register 3.4 Children and Young People who are looked after or looked after and away from home 3.5 Children and Young People affected by Parental Substance Misuse 3.6 Children and Young People involved in Substance Misuse 3.7 Children and Young People affected by Domestic Abuse 3.8 Children and young people who may be vulnerable as a result of disability, additional support needs or mental health 3.9 Children and young people who run away, go missing from home or residential foster care 3.10 Children who are homeless and living in temporary accommodation or at risk of sleeping rough 3.11 Children and young people at risk of being exposed to prostitution or sexual exploitation of any kind 2 Working together to keep our children safe

4 3.12 Working with young people who are sexually active and may be vulnerable 3.13 Young people who may be vulnerable due to their sexuality 3.14 Children and young people whose violent, sexually harmful or abusive behaviour, including offending, places themselves of others in danger 3.15 Children and young people who may be vulnerable as a result of their ethnic, cultural or minority group 3.16 Child Trafficking 4. Risk Assessment Risk Indicators 5. Roles & Responsibilities Professional responsibilities 5.2 What a parent or carer should do 5.3 What all agencies and voluntary organisations should do 5.4 Social work children and families 5.5 Police 5.6 Health 5.7 Education 5.8 Housing 5.9 Voluntary and Community Organisations 5.10 Child Protection Register 5.11 Where a child or young person remains missing 5.12 Returning home 6. Information Sharing & Confidentiality Support Services & Resources Planning Services for Vulnerable Children and Young People Local and National Contact Details Appendices Appendix 1: The grooming process Appendix II: Internet Abuse and Mobile Phone Technology Appendix III: Why running away is a concern Appendix IV: Identifying children at risk of sexual exploitation 11. Acknowledgements 56 Vulnerable Children & Young People Good practice guidelines 3

5 1. The Scope & Purpose of guidance 1.1 Vulnerable Children & Young People Children and young people are often vulnerable for a range of reasons including poverty, disability, substance misuse, physical or mental illness, or because of other problems within the family home. This may include arguments and persistent conflict with or between, parents or carers, abuse and neglect, or living with the effects of other problems such as parental, substance misuse, mental health problems, or domestic abuse. Over the past few years there has been an increased focus on the protection and needs of vulnerable children and young people in Scotland, some of which has resulted in a number of research studies or media attention. The increased awareness has highlighted the need for Child Protection Committees to produce guidance for those working with vulnerable children and young people in their area. This guidance is therefore written in the context of recent policy initiatives and reports, which have been produced since the introduction of the Scottish Child Protection Reform Programme (Scottish Executive 2002) and takes account of recommendations from the HMIe joint inspection of services to protect children and young people and meet their needs, which has been carried our across Scotland. 4 Working together to keep our children safe

6 This guidance has been developed to underpin existing professional inter-agency working and to enhance the support already available to vulnerable children and young people. The guidance does not seek to replace existing policies or procedures in place but aims to assist professionals identify vulnerability at the earliest possible stage and to therefore minimise the risk of significant harm to vulnerable children and young people in East Renfrewshire. It is also intended to give effect and enhance the guidance offered in Vulnerable Children and Young People Guidance Pack 1 by: promoting awareness of the risks for vulnerable children and young people preparing staff in dealing with identified vulnerabilities preventing and minimising the potential for abuse providing information on single and inter-agency responsibility The purpose of this protocol is to provide multi-agency guidance for those working with children and young people considered to be at significant risk, either through their own actions or at the hands of others. It sets out how agencies should work together to protect children from harm by assisting professionals identify the agreed actions to be taken by the relevant agencies when a child or young person runs away, absconds or otherwise goes missing from their home or place of residence. 1 Vulnerable Children and Young People Guidance Pack 1 (Scottish Executive, 2003) 1.2 Prevention As well as responding to immediate risk or safety concerns full consideration should be given to preventative measures which should be developed for children and young people in the community as well as those looked after at home and those looked after away from home. The guidance recognises that by running away the vulnerability of a young person greatly increases as they may become exposed to predatory adults who may wish to exploit or abuse them. Preventative strategies advice should be given to young people regarding sexual health, substance and alcohol misuse, personal safety, offending and other high risk behaviour supports should be offered from a range of services consideration should be given to community issues and involvement of local police all staff need to be aware of warning signs / indicators, and be aware of their own procedures and know how to pass on and share information staff should ensure that children and young people have their views taken into account, are listened to, understood and respected educational establishments should be pro-active in their early intervention strategies for children and young people Vulnerable Children & Young People Good practice guidelines 5

7 where a child or young person has been missing or has absconded, on their return a follow up interview should be conducted. This can assist in identifying any patterns of concern and any support/protection needs of the child or young person. 1.3 Young Person s Views Professionals ensure young people are listened to and that they are given opportunity to discuss issues in private if they wish to do so. 2 Young people should always be listened to and respected, and have the opportunity to have their views taken into account in all matters affecting them. It is essential that young people have good communication with professionals who know them well. Children and young people with learning or communication difficulties, or for whom English is not their first language should be helped to understand as much as possible about what is happening. Trust is essential so that the young person s needs are understood by those supporting them and seeking their views. By speaking to a young person on their return an interview may be able to establish: why the young person went missing if there are any concerns regarding safety or welfare what the young person wants to happen as a result whether the child was harmed in any way whilst absent agree a package of support to meet the needs of the young person A young person s views should always be recorded and where appropriate shared with others involved in the decision making process. Where a young person disagrees with the actions taken by professionals, decisions should be explained so they understand the reasons for them. Young people should always be advised of what actions they can take if they want to challenge decisions. 2 Protecting Children and Young People: Framework for Standards (Scottish Executive, 2004) ( Standard 3)) 6 Working together to keep our children safe

8 2. The Legislative Framework The Child For the purpose of this guidance child means a person under the age of 16 years or under 18 years if remaining looked after or looked after and accommodated by the local authority as stated in the Children (Scotland) Act 1995 (Section 93(2)(b)). However, it is recognised that there are young people between the ages of 16 and 18 years who are not subject to statutory supervision (s70) or accommodated but whom this document may also consider to be a vulnerable young person. 2.1 The United Nations Convention on the Rights of the Child East Renfrewshire Child Protection Committee supports the principles set out under the United Nations Convention on the Rights of the Child ratified by the UK Government in The Convention is not a law but a code that recognises that children and young people in Scotland have rights. There are 54 articles in the Convention covering rights such as the right of children and young people to express themselves and have their views taken into account on all matters that affect them; the right to education, health care, family life, and the right to be free from all forms of violence. In addition the majority of the rights outlined in the European Convention on Human Rights 1950 (ECHR) have been introduced into domestic law by the Human Rights Act 1998 and are legally binding in Scots Law. 2.2 The Children (Scotland) Act 1995 The Children (Scotland) Act 1995 is centred on the needs of children and young people and their families, and defines both parental responsibilities and rights in relation to children and young people. It sets out the duties and powers available to public authorities to support children and young people and their families and to intervene when the child or young person s welfare requires it. These duties and powers include provisions to protect children and young people from abuse and neglect through a range of measures including the provision of accommodation, services for the child and young person and wider family. The essential principles behind the Act are: each child or young person has the right to be treated as an individual; each child or young person who can form his or her own views on matters affecting him or her, has the right to express those views if he or she wishes; Vulnerable Children & Young People Good practice guidelines 7

9 parents should normally be responsible for the upbringing of children and young people and should share that responsibility; each child or young person has the right to protection from all forms of abuse, neglect or exploitation; so far as is consistent with safeguarding and promoting the child or young person s welfare, the public authority should promote the upbringing of children and young people by their families; any intervention by a public authority should be properly justified, and should be supported by services from all relevant agencies working in collaboration. In support of these principles three main themes run through the Act: the welfare of the child or young person is the paramount consideration when Courts, Children s Hearings and local authorities consider his or her needs. no Court should make an Order relating to a child or young person and no Children s Hearing should make a supervision requirement unless the Court or Hearing considers that to do so would be better for the child or young person than making no Order or supervision requirement at all. the child or young person s views, taking appropriate account of age and understanding should be taken into account where major decisions are to be made about his or her future. 8 Working together to keep our children safe

10 2.3 Protection of Children & Prevention of Sexual Offences (Scotland) Act 2005 The purpose of this Act is to improve the protection given to children and young people from those who would wish to cause them sexual harm, or exploit them for sexual purposes. The Act also aims to improve the protection given to children from those convicted of sexual offences who still pose a risk to children and young people. Section 1 of the Act creates the new grooming offence. This offence is intended to identify and prosecute those who develop relationships with young people under 16 years, in order to gain their trust and persuade them into vulnerable situations where they can be sexually assaulted. The offence is complete when the person meets or sets out to meet the child with the intention of engaging in unlawful sexual activity with or in the presence of the child or after the meeting. The sexual activity does not need to take place. Indeed, if sexual activity does take place, that sexual activity is likely to constitute a separate sexual offence. It is therefore an offence for a person (A) intentionally to meet, travel with the intention of meeting, or make arrangements with the intention of meeting another person (B) if A has met or communicated with B on at least one occasion, in any number of ways e.g. internet, text messaging, and intends to engage in unlawful sexual activity involving B at the time of the meeting or after the meeting. Appendix I The Grooming Process 2.4 Internet Safety The Internet is an invaluable resource but, like any technology, it is not immune to unlawful or inappropriate use. The Internet has brought many opportunities and benefits but it is also an important element in the sexual exploitation of children and young people. In some instances, the Internet is used as a means of arranging assignments where children or young people are kept in certain locations for the purposes of sexual exploitation. This can increase the invisibility of these young people and make it more difficult for them to get help. The use of pictures and film can also be used as part of the on-going sexual exploitation of a child or young person. Adults can also use the Internet to gain the trust of unsuspecting children and young people with the aim of seeking to exploit them or entice them into prostitution. In addition social networking and messaging sites are new ways of young people communicating with each other and the wider world. However, alongside the advantages of social networking sites young people need to be aware of the risks. Social networks sites, messaging services and mobile phone use can also present risks such bullying and intimidation by young people s peer group. This can take in sexual bullying, psychological Vulnerable Children & Young People Good practice guidelines 9

11 bullying and physical intimidation. As such it is not just adults who are sexual predators on the internet, vulnerable young people can also be at risk from their peer group. In the virtual world, as in the real one, children and young people are vulnerable. The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 described in 2.3 aims to protect children and young people from those who use the Internet in this way. Potential risks can however be managed and children and young people can use the Internet if they, their parents / carers, take sensible precautions. Internet safety must be encouraged to alert young people to the dangers of the Internet, how to respond to these threats, and who to inform, should also form part of the education. Also the importance of how to keep themselves safe by not revealing too much personal information online which could be used to identify them, such as their location, school etc. Appendix II - Internet Abuse & Mobile Phone Technology 2.5 The Law and Running Away Children and young people do not have a legal entitlement to live independently of the care of an adult with parental responsibility. A young person who wishes to leave home before the age of 16 years may, under certain circumstances, apply for a residence Order under the Children (Scotland) Act 1995 to live with another responsible adult who may then assume parental responsibility for the duration of the Order. In certain circumstances, a court may grant an Order transferring parental rights and responsibilities. The Children ( Scotland ) Act 1995, Sections 82,83 and 89 makes specific reference to children and young people who run away and outlines the steps which may be taken to return the child to a place of safety or other relevant place. Any adult who assists, or induces a child to abscond, conceals or harbours such a child, or knowingly prevents a child from returning to a place/person as described, is guilty of an offence under this Act and liable to prosecution. 10 Working together to keep our children safe

12 In general 16 and 17 year old runaways are in a different legal position to younger runaways. Sixteen and 17 year olds can legally live independently and can access housing in their own right. They have access to some financial benefits and do not have to take part in compulsory education. Those leaving care are also eligible for a package of support. 2.6 Refuge Provision Section 38 of the Children (Scotland) Act 1995 enables local authorities to provide short-term refuge in designated or approved establishments and households for children who appear to be at risk of harm and who can request refuge. A refuge does not need to be a Children s House. It can be with foster carers or in other local authority accommodation. The aim is to provide somewhere safe to stay and gain access to advice and help for a short period in order to resolve the crisis. Children or young people may seek refuge in response to many different problems including family conflict, abuse or neglect. They may already be living away from home in accommodation provided by a local authority. They may be troubled by difficulties at school, problems with drugs or alcohol, pregnancy or offending. Refuge may be provided for a period of up to 7 days or, in exceptional and limited circumstances, for a maximum of 14 days in order to reconcile him or her with family or carers or to divert the child or young person to other suitable services or accommodation. The Running Other Choices (ROC) Refuge, part of the Aberlour Child Care Trust provides specific refuge accommodation for young people between the ages of 12 15yrs, which is accessible to all local authorities although places are limited. Details are provided in Section 9 of this document. 2.7 The Criminal Law on the Sexual Exploitation of Children through Prostitution There are no figures to show the number of children and young people who are sexually exploited through prostitution in Scotland, but we do know it is happening (Scottish Executive) There is a range of offences under Scots law, both at common law and under statute, to tackle the exploitation of others through prostitution, whether by coercion, procurement, trading in prostitution or brothel keeping. The Criminal Law (Consolidation) (Scotland) Act 1995 is relevant in this area and contains a number of provisions that apply to children and young people. However, any person who engages in sexual acts with a child or young person may be committing statutory and/or common law offences against that child or young person in question. Those who abuse children and young people in any way will be subject to the criminal law and may be liable for prosecution under statutory and/or common law. Vulnerable Children & Young People Good practice guidelines 11

13 The age of consent to sexual activity is 16 years. Anyone engaging in sexual activity (whether for money or not) with a boy or girl under 16 is committing an offence under statutory and/or common law. Depending upon the circumstances, the person having sex with a child or young person could be liable for prosecution for unlawful sexual intercourse, indecent assault or other serious offences. The penalties for common law offences are limited only by the court in which they are prosecuted and in the High Court may attract up to life imprisonment. The maximum penalties for statutory offences are set out in the relevant statute. The children and young people kept for the purposes of prostitution are not breaking the law. Many children and young people sexually exploited through prostitution may not be soliciting or loitering. These are offences, which only relate to activity in public places. Children and young people may be found in rooms hidden away from public view (in affluent as well as deprived areas). Owners or occupiers of any premises who allow these to be used to abuse children through prostitution are breaking the law. The children involved are not. 2.8 Criminal Law Relating to Prostitution Prostitution, heterosexual or homosexual, is not, in itself, an offence. However, Section 46 of the Civic Government (Scotland) Act 1982 provides that a prostitute, whether male or female, who for the purposes of prostitution: loiters in a public place; solicits in a public place or any other place so as to be seen from a public place; or importunes any person who is in a public place, is guilty of an offence. The maximum penalty for a conviction under s46 of the 1982 Act is a fine not exceeding 500. Under Scottish Law a child under the age of 8 years cannot commit a criminal offence. Children over that age committing prostitution offences are likely to be referred to the 12 Working together to keep our children safe

14 Children s Hearing System to which such a child could also be referred if beyond parental control or exposed to moral danger. 2.9 Protection of Children (Scotland) Act 2003 The Protection of Children (Scotland) Act 2003 offers safeguards to prevent unsuitable people who, have not been convicted of an offence, but are viewed to be a risk to children or young people, move from one child care post to another without detection. The Act provides for Scottish Ministers to keep the Disqualified from Working with Children List (DWCL). As a result, any individual working in a child care position whether paid or unpaid, should be referred to Scottish Ministers for inclusion on the DWCL, when they have harmed a child or put a child at risk of harm and have been dismissed, resigned or moved from a child care position, as a consequence. Organisations have a duty to refer such individuals to the Scottish Ministers for possible inclusion on the DWCL. Failure to make a referral is an offence under the Act. The Protection of Vulnerable Groups (Scotland) Act 2007 has replaced this Act in some areas. The duty to refer now applies to situations when an individual has put a child at risk of harm as well as having harmed a child. Vulnerable Children & Young People Good practice guidelines 13

15 3. Identified Vulnerabilities 3.1 The Statistical Evidence There are over 1 million children under 16 years living in Scotland. That is one fifth of the population. It is estimated in Scotland that nearly one third of children are living in poverty 250, , 000 children in the UK are living with drug misusing parents and alcohol dependency affects the lives of around 750,000 children. (Hidden Harm 2004) In Scotland almost 100,000 children live with domestic abuse and around 50,000 may become victims themselves. Each year approximately 54,000 children are referred to the Scottish Children s Reporter s Administration and 12,000 children and young people aged 18 years or under are looked after by Local Authorities. Each year around 11,000 young people under 16 years old, whether looked after away from home or living at home will runaway. This places them at high risk of being physically or sexually assaulted. 17% of runaways slept rough, or with someone they had just met, 21% said they had been injured or harmed as a result. Almost one in five will runaway before they are 11 years of age. One in nine is forced to leave home before they are 16. Only 5% of young people ask agencies for help when they run away. 68% of young runaways are not reported missing to the police. In situations where the police do find that a young person is reported missing they have a responsibility to return them home, unless it would be unsafe to do so. The estimated cost to the Police in Scotland carrying out this work is 5.4 million. (Missing Out 2001: Report Commissioned by Aberlour Child Care Trust undertaken by York University). 14 Working together to keep our children safe

16 80 young people become homeless in Scotland every day. (NCH 2004) With the rise in refugee and asylum seeking families this is likely to increase. A scoping exercise recently completed by the Scottish Coalition for Young Runaways found a lack of management information systems was consistent throughout Scotland. 3.2 Identified vulnerabilities In East Renfrewshire the identified list of vulnerable children and young people to which this guidance applies is noted below, however, this list is not exhaustive. children and young people on the Child Protection Register children and young people under the age of 18 years who are looked after at home or looked after away from home by the local authority under the terms of the Children (Scotland) Act children and young people living with parental substance misuse children and young people involved in substance misuse children affected by domestic abuse children and young people who may be vulnerable as a result of their disability, additional support needs, or mental illness children and young people who runaway, go missing from home or from residential or foster care. children and young people at risk of being exposed to prostitution or sexual exploitation of any kind. children who are homeless and living in temporary accommodation or at risk of sleeping rough children and young people whose violent, sexually harmful or abusive behaviour, including offending, places themselves or others in danger children and young people under 16 yrs who are sexually active children and young people dealing with issues surrounding their sexuality children and young people who may be vulnerable as a result of their ethnic, cultural or minority group asylum seeking and refuge children children and young people who are trafficked Vulnerable Children & Young People Good practice guidelines 15

17 3.3 Children and young people on the Child Protection Register Children and young people on the Child Protection Register have been identified as being at risk of significant harm. This vulnerability has necessitated a multi-agency response with an identified child protection plan put in place. All key agencies involved with the child and family should be aware of the child protection plan in place. Immediate action must therefore be taken and social work notified in the event of a child or young person whose name is on the Child Protection Register goes missing /runs away. 3.4 Children and young people under the age of 18 years who are looked after at home or looked after away from home by the local authority under the terms of the Children (Scotland) Act The Children (Scotland) Act 1995 defines a child as is a person under the age of 16 years. A child who is looked after at home or looked after away from home is further defined within the Act as a person under 18 years of age; this relates to children subject to a supervision requirement living at home or in an alternative care placement e.g. a foster placement or residential placement. However, between the ages of 18 21yrs there may be some young people with specific issues of vulnerability as a result of previously being accommodated by the local authority. 16 Working together to keep our children safe

18 3.5 Children and young people affected by parental substance misuse Any child or young person of substance misusing parents has to be seen as potentially in need and possibly at risk. East Renfrewshire Child Protection Committee s, Getting our priorities right protocol and operational guidance for inter agency working with children and families affected by substance misuse, (GOPR) sets out roles and responsibilities when staff become aware that a child is cared for by someone with a substance misuse problem. The guidance sets out the need to undertake an assessment of risk and need to determine where there are concerns for that child and outlines what action, if any, requires to be taken. In a letter of assurance East Renfrewshire Council Chief Executive, along with the Chief Executive from NHSGGC, and Strathclyde Divisional Commander have given an undertaking that an assessment of risk and need will be carried out where there are concerns that parental drug or alcohol misuse is affecting the health, well-being, or safety of a child or young person in East Renfrewshire. 3.6 Children and young people who are involved in substance misuse Experimentation with drugs is more common among children and young people than ever before. Research suggests that approximately 1 in 12, twelve year olds and 1 in 3, fourteen year olds have tried drugs. However research also suggests that within these age groups, the use of alcohol is more prevalent than the use of drugs. It must be recognised that all substance taking by young people carries potential harm. However it does not automatically mean that a young person who used drugs or alcohol has a problem, which requires treatment. There are a number of indicators of the level of problematic drug/alcohol use. This indicator takes account of the following factors: the frequency of use, types of substance(s) used reasons for use the place/environment where substances are used route of administration and spending on drugs/alcohol. consequences of drug/ alcohol use. Vulnerable Children & Young People Good practice guidelines 17

19 Evidence would indicate that young people who are in need of services come from a range of backgrounds. However, there are a number of indicators, which suggest that, some young people are more likely to develop problematic substance misuse if they are: a young person involved in crime young homeless people, young people who have been excluded from school, who are or have been looked after away from home involved in prostitution or sexual exploitation who are exposed to substance misuse in their families. Children and young people who are vulnerable in relation to substance misuse are also vulnerable in other ways. Effective assessment of young people with problematic substance misuse should not focus on their substance misuse in isolation but give consideration to the range of factors affecting them, including the strengths and protective factors around them. 3.7 Children affected by domestic abuse The Scottish Executive definition of Domestic Abuse is as follows: Domestic abuse can be perpetrated by partners or ex-partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate people and are perpetrated against their will, including rape) and mental and emotional abuse (such as threats, verbal abuse, racial abuse, withholding money and other types of controlling behaviour such as isolation from family or friends). It therefore may be actual, threatened or attempted and can be a one of incident or something which continues over an extended period of time. It affects all social classes, ethnic groups, occupations and income groupings. 18 Working together to keep our children safe

20 It has increasingly been recognised that children are seriously affected by domestic abuse. Many witness instances of domestic abuse or overhear their parent being physically, sexually or verbally abused. Children may themselves suffer fear and intimidation and may be forced to become involved in the actual abuse. Children might themselves be abused by the same perpetrator. Even if not physically affected, it is now recognised that living with domestic abuse can itself be a form of emotional abuse. As such it is important that all staff involved in working with children recognise the impact of domestic abuse on children and young people. Children and young people respond in many ways to living with, and witnessing domestic abuse. They may experience a wide range of emotional and physical disorders and may display a range of behaviours linked to the underlying distress including running away. Research has demonstrated that the well-being of a child or young person who lives with domestic abuse is often inextricably linked with that of the non - abusing parent, and that the best way of protecting the child is to offer support and protection to the non-abusing parent. This will increase her/his ability to protect the child. East Renfrewshire s Inter Agency Domestic Violence Protocol has been developed to support and protect children living with domestic violence,and offers comprehensive guidance for workers supporting woman and children, living with domestic abuse 3.8 Children and young people who may be vulnerable as a result of disability, additional support needs or mental health Children and young people with a disability or additional support needs. Children and young people with physical disabilities or learning difficulties are particularly vulnerable to exploitation and abuse. There are a number of reasons for this including society s attitudes and assumptions which often devalue disabled children. In addition: they are less likely to be listened to communication difficulties lack of awareness among carer/professional failure to recognise signs and symptoms and confuse the abuse with the impairment child is isolated and vulnerable to bullying from peers. impaired capacity to avoid or resist abuse Children and young people with physical disabilities or learning difficulties who run away are particularly vulnerable to exploitation and abuse. Vulnerable Children & Young People Good practice guidelines 19

21 Children and young people with mental health problems. While children and young people with physical disabilities or learning difficulties, are particularly vulnerable to exploitation and abuse, so also are those children and young people with a range of mental health problems including; self-harm, suicide attempts, eating disorders / anorexia nervosa / bulimia, psychosis, depression, aggressive or violent behaviour. Such children may through their own behaviour or the behaviour of others be particularly vulnerable when they go missing. Parents with a disability. When considering disability and its impact on children, the focus is often on the disabled child and what help they may need. However, there are some children and young people who live in households with a disabled parent and who may take on the role of carer to this parent. These children and young people may have significant responsibilities within the home both in caring for the parent and also potentially in caring for younger siblings. Consideration should always be given to issues of exclusion, isolation, disadvantage or discrimination experienced by these families and how best they can be supported. Parents with mental illness. Living with parent(s) with mental illness can significantly impact on the lives of children and young people. All the members of the family can be affected if someone in the family has mental illness but children can be particularly vulnerable. The extent of the impact is not determined by the diagnosis, rather by the parental behaviour. Parental mental illness can affect a child in three main ways: impact on parenting direct effects on children children ( as carers) who care for a mentally ill parent. 20 Working together to keep our children safe

22 Parenting may be adversely affected and this can lead to relationship problems with their children, often leading to behavioural difficulties. The greatest risk to the majority of children is not one of physical safety but of risk to their own attachments, development and mental health. Some aspects of the presentation of a parent with mental health issues can also be extremely worrying for a child or young person, for example, if the parent self harms. Responsibilities can sometimes have a detrimental impact on the social and emotional wellbeing of children and young people who are carers, if they are not given appropriate support. Consideration should also be given to issues of isolation, exclusion, and discrimination experienced by children and families affected by mental illness. These issues should also be taken into account when considering the vulnerability of a child or young person. 3.9 Children and young people who runaway, go missing from home or from residential or foster care. Running away is difficult to define and may mean different things to different people. For the purposes of this guidance running away includes; from the family home, foster or residential care without permission or knowledge those who have been forced to leave by their parents or carers. A child or young person may be deemed to be missing when their location or reason for absence is unknown and there is cause for concern because of their vulnerability or their potential danger to the public. The age and circumstances of the child or young person will be a key factor in determining the appropriate response from agencies. A number of young people may abscond for short periods of time on a regular basis. The welfare of the child or young person must always be the primary consideration and in some cases concerns about the safety of the child or young person must be raised immediately. Children and young people who run away are often experiencing serious problems in their lives. They are more likely to be running away from something rather than for excitement. Research suggests that children and young people who run away are more likely than other children and young people to be involved in substance misuse, are more likely to have been in trouble with the police or to be experiencing difficulties at school. Appendix III - Why running away is such a concern? Vulnerable Children & Young People Good practice guidelines 21

23 3.10 Children who are homeless and living in temporary accommodation or at risk of sleeping rough Young people can become homeless for various reasons. Homelessness by its very nature increases vulnerability and risk. Children and young people may be part of a homeless household and therefore at increased risk due to the transient nature of temporary accommodation and the social isolation that some homeless families experience. Some young people can become homeless as a result of personal difficult circumstance such as those who leave home at a young age due to issues of abuse, neglect or violence. Many young people are often ill equipped for independent living and the risk is pronounced when young people are resident in temporary accommodation without adequate support. Sleeping rough is one of the range of risks facing young people who run away. This is strongly linked to physical, sexual and emotional harm for these young people. Associated risks also include involvement in crime, exploitation and substance misuse. There is a requirement to ensure that temporary accommodation and support are tailored to the needs of vulnerable children and young people to ensure risk is minimised Children and young people at risk of being exposed to prostitution or sexual exploitation of any kind. Sexual exploitation through prostitution may include the provision of sexual services in exchange for some form of payment, such as money, drink, drugs or consumer goods or even a bed and a roof over their head for a night. In some cases there may be no exchange of material goods and the child or young person may not recognise that they are being sexually exploited. The relationship, however, will generally be characterised by coercion and intimidation. 22 Working together to keep our children safe

24 This definition of sexual exploitation through prostitution includes young people aged yrs (Where there are specific issues of vulnerability this may be extended to 21 years). Local authorities have responsibilities under the Children (Scotland) Act 1995 to provide services to safeguard and promote the welfare of children in need who are defined as those under 18 years. Local authorities also have responsibilities to children in need of protection from neglect and abuse. Sexual exploitation through prostitution Sexual exploitation through prostitution is abuse. The fact that some form of remuneration may take place should not imply consent on the part of the child. Children cannot consent to their own abuse and exploitation. There is little information on why children are drawn into sexual exploitation through prostitution. However, children who are sexually exploited through prostitution are likely to be experiencing other problems. Children may be lured into sexual exploitation because of a range of problems which may include, parental disharmony, physical violence, relationship problems, sexual abuse, bullying, poverty, low self esteem, truancy, or substance misuse (either by the child or by a member of their family). It is important therefore that the needs of children sexually exploited through prostitution are not seen in isolation and that a range of interventions may be required to address the child s underlying problems. It is important that action is taken to address all of these underlying issues, which can increase a child s vulnerability and potentially lead to their involvement in high-risk activity. Some young people may not recognise that they are in an exploitative relationship although this may be clear to those around them. It may be very difficult for a child or young person to accept that someone they trust is seeking to exploit and manipulate them and they may need support to help them to deal with these issues. It is important that professionals are aware of the potential indicators that a child may be involved in sexual exploitation through prostitution, and are equipped to deal with, and to treat any complaints or concerns from a child, parent or carer seriously. Appendix IV: Identifying children at risk of sexual exploitation. Vulnerable Children & Young People Good practice guidelines 23

25 3.12 Working with young people who are sexually active and may be vulnerable Research indicates that between 35-40% of young people have had sexual intercourse before the age of 16 years, and that a growing number of young people are becoming sexually active by the age or years. While the majority of young people report that the sexual activity is consensual, for some, it is the result of pressure and can be a source of regret or distress. When a professional becomes aware that a young person is sexually active or is likely to become sexually active, the professional has a duty of care to ensure that the young person s health and emotional needs are addressed and to assess whether the sexual activity is of an abusive or exploitative nature. It is recognised that this process will not always be straightforward and so it will require sensitive handling and the use of professional judgement. Young people need clear, accurate and consistent support and advice from adults regarding sex and healthy relationships. East Renfrewshire Child Protection Committee Protocol for Working with Young People who are Sexually Active has been adapted from Glasgow Child Committee s Protocol and offers guidance to professionals to distinguish between those situations where a young person is in need of support and advice whilst identifying situations where a children and young people s sexual relationships may be abusive and the child or young person is in need of protection or additional support. The protocol is based on the core principle that the welfare of the child or young person is paramount and emphasises the need to accurately assess the risk of significant harm when a child or young person is engaged in sexually active relationship. 24 Working together to keep our children safe

26 3.13 Young people who may vulnerable due to their sexuality Adolescence is a time of significant physical, cognitive and social change as young people begin to develop a sense of their individual identity and their sexuality. For some young people, problems within the family may be magnified for lesbian, gay, bisexual and transgender young people. Coming out can lead to young people running away, being thrown out of home, and / or cut off from parental support. Research with lesbians and gay men has shown that one-third had to leave their home when their sexuality became known. Young lesbian, gay, bisexual and transgender people may also be more at risk of violence once they have left home and may be unwilling to access provision which does not take specific account of their sexual orientation Children and young people whose violent, sexually harmful or abusive behaviour, including offending, places themselves or others in danger Run away children and young people with problematic sexual behaviours may place themselves in situations which renders them vulnerable to sexual exploitation from others. Their problematic sexual behaviour can also pose a risk to other children and young people and needs to be considered in refuge and looked after away from home situations. Where a child or young person with violent or offending behaviour goes missing the risk to that young runaway of further involvement in violent or criminal activity increases significantly. East Renfrewshire Child Protection Committee has developed a multi agency framework and protocol for risk management for children and young people with problematic sexual behaviours to assist in making risk more tangible and thus enable professionals to deploy strategies for effective risk management, which offers better outcomes for young people. This framework should be used to respond effectively where a young person displays problematic sexual behaviour Children and young people who may be vulnerable as a result of their ethnic, cultural or minority group Consideration needs to given to children and young people who as part of a minority group may be disadvantaged. Specific areas of vulnerability should always be taken into account. Asylum seeker and refuge children Children and young people who are seeking asylum or are refugees may be particularly vulnerable for a variety of reasons including; Vulnerable Children & Young People Good practice guidelines 25

27 language barriers different cultural / belief systems / cultural isolation past trauma and experiences anxieties and uncertainties about the future lack of resources / education / extended family / friends parental illness / depression racism and discrimination dispersal of asylum seekers no choice of housing / schooling 3.16 Child trafficking There is a high risk of trafficked children going missing within a short time span ( CEOP Scoping project on Child Trafficking in the UK 2007) Child trafficking is defined as the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation. (Protocol to prevent, suppress and punish trafficking in persons, especially woman and children supplementing the United Nations Convention against trans national organised crime, United Nations 2000) This protocol, otherwise known as the Palermo Protocol was signed by the United Kingdom on the 14 December 2000 and ratified on the 9 February It was the first international instrument to define and address the human trafficking problem. Human trafficking is now recognised as a significant issue for the United Kingdom, as in many other countries and there is a growing need for agencies to ensure they are alert to any indicators of trafficking in relation to people they work with and how to respond to concerns should they arise. All guidance available applies to both children trafficked to and from the United Kingdom and children trafficked within the United Kingdom. 26 Working together to keep our children safe