Safeguarding Children and Young People Involved in Organised or Multiple Abuse, and other Complex Investigations

When a professional becomes concerned that a case may be complex, they must inform Children’s Social Care Senior Managers and the (South Yorkshire Police) Public Protection Unit Detective Inspector for Rotherham (0114 220 2020) immediately.

A Strategy Meeting/Discussion must be held within the working day that the referral is received. It should:

• Assess the information that is known;
• Agree what further information is needed at this stage;
• Arrange for the gathering of all relevant information, and agree who will be responsible;
• Decide whether, and if so to what extent, organised/multiple abuse has been uncovered;
• Agree who should be involved in undertaking an initial mapping exercise to determine the scale of the investigation, and possible victims and perpetrators;
• Agree an outline plan for the investigation to be presented to the SMG, including resource implications;
• Consider any immediate action that is required to protect children and young people at risk of harm, and organise its implementation.

The Strategy Meeting/Discussion may include the referrer if appropriate, a legal adviser and any other relevant professionals.

Having considered and discussed the information, if the Strategy Meeting/Discussion agree that there is reasonable cause to suspect complex abuse, the child protection manager should inform the Strategic Director of CYPS and the Detective Inspector should inform the relevant Assistant Chief Constable.

The Strategic Director of Children’s Social Care must inform the Rotherham Safeguarding Children Partnership Chair, Rotherham Metropolitan Borough Council (RMBC) Chief Executive, RMBC Communications Team manager, and Senior Managers of relevant agencies (for example, nominated safeguarding children advisers).

The Strategic Director of Children’s Social Care and the Rotherham District Commander for South Yorkshire Police will determine their representative on the SMG.

A SMG meeting, chaired by the police or Children’s Social Care depending on the circumstances, must be convened within  of receipt of the referral.

The SMG should act as a steering group, and formulate policy and procedure. It must also be a primary responsibility of this group to ensure that the welfare of children is paramount at all times.

The SMG will have the following core membership that should remain constant throughout the investigation:

• Strategic Director of Children’s Social Care;
• Rotherham District Commander, SYP;
• Police Senior Investigating Officer;
• Children’s Social Care Lead Manager;
• RMBC Legal advisor;
• Press Officer(s);
• Rotherham Integrated Care Board representative;
• Representatives from agencies as appropriate for example, Rotherham District General Hospital, the National Probation Service, the Prison Service, school, CPS, Probation, voluntary sector organisations.

For all SMG meetings, minutes must be prepared fully, detailing all policy decisions and actions. All minutes must be classified restricted and all copies should be individually numbered. Copying of the minutes should only be allowed on the express authority of the SMG Chair.

It is most important to involve other agencies at this early stage so that the SMG can identify any requirement for support services. If so, the SMG should also arrange such provision and ensure allocate of resources. These may include community and specialist health services, dependent on the nature of the investigation.

The tasks and function of the SMG may vary from case to case but will normally include the following:

1. Establish the terms of reference for the investigation;
2. Take ownership of the strategic leadership of the investigation;
3. Complete a early mapping exercise to determine the scale of the investigation and ensure that where professionals are implicated as suspected perpetrators, that their Line Managers are not included in the SMG or the Joint Investigation Team;
4. To agree the staffing of the investigation and membership of the Operational Management Group;
5. Where necessary, to agree protocols:
   • To govern the future handling of the investigation: for example on media handling and victim / witness support;
   • For the sharing of information: to ensure that the investigation team secures full access to records from all agencies affected by the investigation and individuals holding important information, and to commit all parties to providing the necessary help with the obtaining of records from any outside organisations;
   • To ensure staff safety and support in carrying out the investigation.
6. To ensure that any current risks to children / young people that emerge during the course of the investigation are acted upon;
7. To ensure that there are safeguards in place to guarantee the integrity of the investigation, taking into account the need to exercise particular care to guard against the risk of eliciting false allegations against innocent people;
8. To ensure that all agencies work together effectively;
9. To ensure that all agencies commit sufficient resources, including business support and administrative back-up, to ensure that the investigation is thorough and that prompt and appropriate support is offered to victims and their families;
10. To ensure that wherever possible a dedicated incident room is established for the investigation team;
11. To secure and resource access to expert legal advice;
12. To establish a policy on how agencies deal with questions of potential financial compensation for victims. Practical guidance should be given to interviewing officers in line with this policy;
13. To monitor and review procedures used for gathering and recording evidence, to ensure that they are tightly controlled and supervised;
14. To ensure that appropriate recording of material obtained during the course of the investigation, and also the safe and secure storage of records, through the early appointment of a disclosure officer;
15. To agree a strategy to ensure that contact with the media is properly managed and coordinated using a nominated press officer;
16. To ensure that careful consideration is given throughout the investigation to the health and Social Care needs of child victims and adult survivors and particularly those who will be acting as witnesses;
17. To arrange appropriate accommodation facilities and trained interviewers for all witnesses, and to give special attention to the needs of witnesses who are children, young people or Adults at Risk and any who may be subject to intimidation;
18. To ensure that the guidance Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses and Using Special Measures (Ministry of Justice) is followed;
19. To ensure that where children or young people have been removed from their families, an appropriate placement is found for them and that their needs are fully assessed according to Working Together to Safeguard Children and that appropriate professional medical, physical and emotional support is being provided;
20. If the alleged abuse occurs in a residential setting, to ensure that the child / young person is safeguarded, that other children who may be at risk are safeguarded and, if necessary, that suitable accommodation is provided;
21. To consider the need for a review of the case as a means of identifying and acting on lessons learned;
22. To ensure that suitable arrangements are made for the victims and their families during the course of criminal proceedings including access to the Court Witness Service and Victim Support;
23. To consider the impact of stress on frontline workers from any agency, and ensure access to appropriate stress management resources;
24. To keep establishments subject to investigation fully informed of progress, as well as the inspection and regulation sections;
25. To establish a clear policy, consistent for each suspect, in respect of what should be the subject of a prosecution. Decisions on whether or not to prosecute should rest firstly with the Senior Investigating Officer, who may make use of early advice from the CPS;
26. Ensure that relevant bodies are kept fully informed of the progress of the investigation, such as Ofsted;
27. To agree a schedule of dates for future meetings.

The SMG has a duty to ensure that any current risks to children / young people that emerge during the course of the investigation are acted upon immediately. The SMG should develop a risk management protocol by regularly reviewing risk indicators in relation to subject children / young people (see Appendix C of Complex Child Abuse Investigations: Inter-agency Issues (Department of Health and Social Care / Home Office, 2002). The protocol should detail a robust risk management process to be used throughout the investigation. It should also establish effective procedures for communication between the investigation team and Children’s Social Care.

The SMG must agree a schedule of dates for future meetings in order to:

• Monitor the progress, quality and integrity of the investigation;
• Review actual or potential risks to children / young people by the alleged abuser/s consider resource requirements;
• Consider the appropriate timing of the termination of the investigation;
• Plan a de-brief meeting with the joint investigation group to identify lessons learnt.

The SMG must remain in existence at least until the court or the CPS has made a decision about the alleged perpetrators.

The SMG must report in writing to Rotherham Safeguarding Children Partnership, which must consider at the first available opportunity whether a serious case review should be initiated.

An Operational Management Group should be set up under the SMG. Meetings of this group should also be fully minuted. The OMG should be chaired by the Senior Investigating Officer. Membership should include representatives from Children’s Social Care, school/s, health, and RMBC legal advisors.

The tasks and functions of the group will vary from case to case but should normally include the following matters:

1. To provide a forum where professionals can meet, exchange information and agree tactics on a daily basis to progress the investigation;
2. To ensure a consistent strategy for interviewing victims within and outside if in different local authority areas;
3. To keep the SMG informed of any resource shortages;
4. To ensure a consistent and appropriate approach to practical and emotional support for victims;
5. To co-ordinate inter-agency response to families and provide consistent information;
6. To ensure support for all staff working on the investigation and ensure welfare concerns are addressed;
7. To ensure that issues which need to be shared with agencies, not represented on the SMG or OMG, are communicated to those agencies;
8. To ensure that all staff involved in the investigation are clear about the parameters of shared information, data protection and confidentiality between agencies;
9. To ensure that relevant intelligence has passed between agencies and to the SYP Major Incident Room and Force Intelligence Bureau as appropriate;
10. Convening interagency meetings and / or child protection conferences as appropriate;
11. Co-ordination and timing of therapeutic services;
12. Regularly updating the SMG on the progress made and recommending when to close the investigation;
13. Consideration of arrangements for court hearings and support to children and families;
14. Recommendations as to the placement of children and any contact involving children and their siblings, relatives or other adults.

The members of the Joint Investigation Team (JIT) will be selected by the SMG from within and outside their organisations. It is vital that all investigators are and can be seen to be independent from those parties who are subject to the investigation. The members of the JIT should possess experience of investigating allegations of abuse, compiling profiles and understanding methods of abusers, child protection processes, legal processes, children’s welfare, disciplinary proceedings and working with child victims, adult survivors and their families.

Where victims or witnesses are identified as having special needs, such as learning impairments or communication difficulties, specialist staff will be required.

The JIT (supervised by the OMG) is responsible for:

• Planning the overall investigation, involving record checking, evidence gathering, planning and undertaking a series of interrelated interviews and surveillance if required;
• Considering the implications of crossing geographical boundaries;
• Holding planning meetings for individual pieces of work (e.g. video interview of a child and / or to protect a child);
• Gathering other evidence including forensic evidence, interviews with alleged abusers, witnesses and other corroborative evidence;
• Communication and liaison with other agencies on a need to know basis.

Child abuse investigations are dependent on highly confidential and often sensitive information being made available to investigators. Therefore the SMG has a key role in ensuring the effective use of information sharing protocols by agencies to facilitate the inquiry. All members of the investigation team should be understand and adhere to it.

It is vital to clearly establish the rules governing disclosure of information to members of the investigation team. Staff and their supervisors who require access to the information should be regarded as forming a circle of confidentiality.

It should be remembered that the Data Protection Act 2018 requires that personal information is obtained and processed fairly and lawfully, is only disclosed in appropriate circumstances, is accurate, relevant, not held longer than necessary, and is kept securely. The Act allows for disclosure without the consent of the subject in certain conditions, including for the prevention and detection of crime, or the apprehension or prosecution of offenders, and where failure to disclose would be likely to prejudice those objectives in a particular case.

Children’s Social Care files frequently contain information or evidence relevant to an investigation. It is a matter for the Senior Investigating Officer (SIO) from SYP, on a case-by-case basis, to decide what access to which files is necessary, to ensure a thorough investigation.

If files are disclosed to SYP, Children’s Social Care should be aware that the prosecution may be required to disclose these to the defence in the event of a criminal prosecution. In the case of sensitive material, however, it is the responsibility of the prosecution to apply to the court to withhold such material on public interest immunity grounds. In such circumstances, it will be a matter for the court to determine whether such files should be disclosed.

The duty of confidentiality requires that unless there is a statutory requirement to use information that has been provided in confidence, it should only be used for the purposes of which the subject has been informed and to which they have consented. This duty is not absolute, but should only be overridden if the holder of the information can justify disclosure as being in the public interest.

Decisions to disclose information without consent should be documented, separately by all professionals involved and the public interest justification clearly stated. The tests for disclosure without consent will often be satisfied in child abuse cases where the protection from harm and the prevention and detection of crime are the reasons for disclosure.

Whilst it is not entirely clear under law whether or not a common law duty of confidence extends to the deceased, the Department of Health and Social Care and professional bodies responsible for setting ethical standards for health professionals accept that this is the case.

Any information sharing about living, identifiable individuals between the NHS, the police and local authorities must then be carried out in accordance with the requirements of the Data Protection Act 2018.

In the course of an investigation, information about alleged perpetrators may sometimes need to be made available to individuals who are not directly involved but are part of a recognised statutory agency. Such information should be shared, as appropriate, to prevent a risk of further offending.

The identification of unused material for the purpose of disclosure is somewhat more complicated than in other inquiries, which usually revolve around only one case. The material should be well documented and, as in all cases, adequately described in the appropriate schedule, including a separate schedule of sensitive material. It is necessary to identify which material is relevant, and therefore subject to disclosure or alternatively to possible claims of public interest immunity. The disclosure officer is a key individual who should be carefully selected and should be fully trained. They can also seek legal advice (including from the CPS Complex Case Unit if necessary) on disclosure issues.

Whilst it is essential that there is an exchange of information in order to manage risk to the public, it is also important to ensure the maximum confidentiality of such exchanges. Only relevant information should be shared in relation to alleged perpetrators and victims.

South Yorkshire Police should share information relating to the alleged offence and any other relevant information, including previous or pending offences. Children’s Social Care should share information about the known conduct and current professional / domestic circumstances of alleged offenders and, where applicable, victims.

Any other information relevant to protect the public from the commission of further offences should also be shared, for example children or young people currently living with an alleged perpetrator or to whom an alleged perpetrator has unsupervised access.

When a statement of complaint is received in respect of an alleged perpetrator, a risk assessment is immediately required. It is necessary for the level of risk to be assessed so that steps can be taken to ensure that all current risk of harm is considered and minimised. It is not appropriate for a risk assessment to be carried out by officers engaged in the investigation. SMG should agree who should carry out the risk assessment, receive the report of the assessment findings, and act on its recommendations.

The Multi-Agency Public Protection Arrangements (MAPPA) places a statutory duty on the police and probation services to manage risk for identified groups of perpetrators. Therefore South Yorkshire Police and the National Probation Service in Rotherham should follow the agreed procedures for assessing risk and for information sharing. It is important that in cases where an alleged perpetrator is identified, steps are taken for notification to and liaison with the MAPPA Chair.

The Waterhouse Inquiry noted the importance of adequate sharing of information about suspected abusers. An investigation may identify individuals who are suspected abusers, but against whom prosecutions are not brought. If a suspected abuser is working with, or has access to children or young people, it is essential that due consideration is given to releasing evidence and information to support disciplinary proceedings. The SMG should agree the process for referral of information about the suspected abuser/s to the Disclosure and Barring Service (DBS), as part of the Vetting and Barring process. The Disclosure and Barring Service (DBS) website has information about the Duty to Refer,the Referral process and the forms to be used to make a referral.

Any actions or non-actions, and the reasons for taking them, should be recorded by the individual members of staff in the relevant agencies, as well as the SMG.

If the NSPCC are not involved in the investigation, consideration may be given to asking the NSPCC Independent Inquiry and Assessment Service (IEAS) to undertake an independent risk assessment.

A victim support strategy and protocol should be agreed by SMG from the outset. Support will be required in pre-trial, trial and post-trial periods. Minimum periods for contact between staff and victims should be established. Continuity of personnel is vital to the victims and their families.

Recounting past abuse may be profoundly traumatic for victims. Therefore they must be cared for appropriately, and professionals should be sensitive to their individual needs. If counselling is required, consideration should be given to the most appropriate type of counselling available and referrals made, as appropriate.

The scale of the investigation often leads to a considerable time between the complaint being made and its eventual conclusion. Victims and witnesses will often require a degree of support throughout this process, and there is potential for conflict between the police investigative role and the provision of such support. Clear protocols should be drawn up prior to the commencement of therapy, so as not to jeopardise the ongoing investigation or criminal trial. However, the needs of the victim are paramount. For further information refer to Provision of Therapy for Child Witnesses Prior to a Criminal Trial: Practice Guidance (CPS).

Police and social workers should agree regular contact with the complainant in order to inform them of the progress of the investigation. The Victim’s Charter sets out the stages of the case when victims, or their representatives, must be made aware of developments.

Some larger scale investigations can involve significant numbers of victims who may be identified simultaneously. In these situations, there will be significant pressure placed on local counselling services. In such cases the SMG should decide on how to resource and co-ordinate the additional work and liaise with counselling services as appropriate to agree extra allocation.

In large-scale complex child abuse inquiries, the SMG should decide if dedicated help lines should be made available to inquiry subjects, their families and members of the public.

Special arrangements may need to be made if a witness is a serving prisoner, and appropriate arrangements may need to be made in such cases. This includes keeping the allocated probation officer informed.

Police and social workers should be available at court to provide support to witnesses.

Witnesses should be kept apart, and in some cases police officers and victims may also need to be kept apart to avoid allegations of collusion.

Support for witnesses should be guided by the needs of each individual witness. Use of the Victim Support Scheme volunteers, including those from the Witness Service, should be considered. They should also be consulted about service provision to witnesses with additional needs, for example a learning disability.

If long standing support from an organisation has to end for any reason, for example police family liaison officers, other agencies should be approached to provide this service if the witness requires ongoing support.

If the witness is assessed as in need of therapy during the investigation or during a trial, it is vital to first consider the effect that this may have on the judicial process. The CPS can offer advice on the likely effect of the therapy on the criminal process. However, the decision about whether it should be provided is for those responsible for the welfare of the child / young person, in consultation with theme and their parents / carers. It is not a decision for the police or the CPS. However, it is essential that they are kept informed about the progress of the therapy, although not the content. It is important that a record of the therapy is maintained so that it can, if appropriate, be made available in the judicial process. In all circumstances, the welfare of the child / young person is paramount. For further information refer to Provision of Therapy for Child Witnesses Prior to a Criminal Trial: Practice Guidance (CPS).

The allocated social worker or worker of the Court Witness Service should be present in court when each complainant / witness is to give evidence. They should leave the court with the witness after evidence has been given, and determine with them what immediate support they require, and from whom.

It is recognised that the judicial process can be as traumatic as making the initial complaint. However, when the case is concluded, the police should gradually withdraw from regular contact with victims. Social work staff may need to remain in contact for a longer period whilst gradually transferring long-term support to appropriate agencies.

The National Probation Service (NPS) has a statutory duty to contact the victims of those offenders sentenced to 12 months or more, for a sexual or violent offence. It is the responsibility of the police to provide information to the victim about the NPS’s role and advise them that they will give their contact details to the NPS, unless they state otherwise. Within 2 months, the NPS should be in contact with the victim asking, among other issues, if they want information about the prison system and / or if they may wish to express a view about conditions attached to the prisoner’s release at the relevant time. It is for the victim to decide if they wish to be involved in this procedure.

Support for members of the investigative team is the responsibility of the SMG. Clear arrangements should be in place from the outset for all staff involved, including those from agencies not represented on the SMG and those seconded into the investigation. Support should include debriefing for all staff on the operation.

Visits to alleged perpetrators should not be made alone. Protocols for staff safety and handling violence should be agreed and observed by all.

Each agency will have its own procedure for closing a case, but the following should be overseen by the Operational Management Group:

• Inform the Disclosure and Barring Service (DBS) of the final list of indictments where appropriate;
• Inform all complainants/witnesses of the result of the case;
• Inform all relevant agencies of the result of the case;
• Agree a procedure for responding to any victims who identify themselves at a later date, and / or victims who remember things after the event;
• Consider the need to offer continuing support to child victims and their families who have been in contact with the investigation, how this will be achieved and by whom;
• Consider the need to maintain contact with witnesses, giving particular consideration to child witnesses who have given evidence in court proceedings, and ensure provision of counselling where appropriate;
• If an offender is sentenced to 1 year or more, provide information about the role of the NPS to victims, and provide the NPS with their details if they so consent.

In cases where the alleged perpetrator cannot be traced should only be closed on the authority of the SIO in consultation with the Senior Manager from Children’s Social Care who has been involved in the case. The SIO and Children’s Social Care Senior Manager should also agree about case disposal where the alleged perpetrator has been traced, but CPS has decided not to proceed on the grounds of insufficient evidence or that it is not in the public interest.

All agencies should review the investigation once it is completed. The review should highlight any policies, procedures or discipline processes which need changing for the various agencies. Rotherham Safeguarding Children Partnership may already have conducted a serious case review, although this may not be completed until the conclusion of court proceedings. It is good practice to conclude all major investigations with an overview report highlighting the prime activities and findings of the inquiry with recommendations for future inter-agency learning. This may lead to both inter-agency and individual agency action plans.

The Code of Practice made under the Criminal Procedure and Investigations Act 1996 sets out the minimum requirements for record retention in all criminal cases. It defines what action should be taken by the police regarding retention and disclosure of material held by third parties. A central registry should be maintained, with file storage facility for all cases that come within this guidance. The holding agency should ensure that all documents and files used and / or generated in the process of an investigation are retained securely.

It is recommended that, against the various needs of agencies, all original files be retained for a minimum period of 6 years from the date of the completion of the investigation (whether or not proceedings are instituted). This is in case of information contained in the files being required in subsequent criminal and / or civil proceedings, or under the Freedom of Information Act. Such material may also be relevant as supporting evidence for compensation claims to the Criminal Injuries Compensation Authority. Certain material may be relevant to subsequent investigations and / or enforcement action by a regulatory body.