4.6 Investigative Interview of a Child

SCOPE OF THIS CHAPTER

This chapter outlines the requirements for specialist staff within Children's Social Care and the Police when conducting an interview with a child or young person, as part of an investigation that may result in criminal proceedings.

AMENDMENT

This chapter now includes more detail about the investigative interview of a child. It should be read in its entirety.

In circumstances where it is necessary to undertake an investigative interview of a child with a view to gathering evidence for criminal proceedings, Achieving Best Evidence guidance (2007) should be followed, and the interview conducted by police officers and social workers who have been trained in accordance with the guidance.

(See Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses and Using Special Measures, revised 2007)

The Children's Social Care Services team and the Police must ensure that appropriate arrangements are in place to support the child through the joint enquiry/investigation. An adult - usually a parent, carer, relative or friend - should be identified to accompany and support the child through the process. The most suitable person for the role will be dependent on the circumstances, taking into account the wishes and feelings of the child.

Specialist help may be needed if:

The child's first language is not English
The child appears to have a degree of psychological and/or psychiatric disturbance but is deemed competent
The child has an physical/sensory/learning disability
Where those investigating do not have adequate knowledge and understanding of the child's racial, religious and cultural background
Where unusual or bizarre abuse is suspected.

The objectives in seeing the child are to:

Record and evaluate her/his appearance, demeanour, mood state and behaviour
Hear the child's account of allegations or concerns
Observe and record the interactions of the child and her/his carers
See and record the circumstances in which the child is currently living and sleeping and, if different, her/his ordinary residence
Evaluate the physical safety of the environment including the storage of hazardous substances e.g. bleach, drugs
Ensure that any other children who need to be seen are identified
Assess the degree of risk and possible need for protective action
Meet the child's needs for information and re-assurance.

The Strategy Discussion must decide where, when and how the child or children should be seen and if a video interview is required.

In all cases where it is agreed to conduct a video recorded interview of a child, the Achieving Best Evidence Guidance must be followed and staff conducting the interview must have had appropriate training, unless the need to depart from the guidance has been agreed by the investigating officers and their managers. Any such decisions must be recorded with reasons.

The aim of any such video interview is to obtain a truthful account from the child in a way which is fair, in the child's interests and acceptable to the Courts.

Where a video interview is to take place, in order to avoid undermining any subsequent criminal case, any contact with a child prior to the interview must also be conducted under Achieving Best Evidence guidance and staff must:

Listen to the child rather than directly questioning her/him
Never stop the child freely recounting significant events
Fully record the discussion including timing, setting, presence of others as well as what was said.

End