6.11 Child Abuse and Information Communication Technology

1. The Internet

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

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

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

There is a correlation between online risk and real-life vulnerability that means care-experienced children have an increased risk of encountering online harm. Young people with prior off-line vulnerabilities are at greater risk of harm online then children and young people with none. For example, young people with eating disorders, looked after children and young people and those with communication challenges may use technology to communicate and socialise in ways they cannot achieve without it. Denying online access to children can be abusive in itself (e.g., loss of opportunity to develop resilience, risk of alienation, risk of turning to secret devices).

The Digital Passport is aimed specifically at Looked After Children, but may be a useful resource that can be adapted for any vulnerable child.

2. Child Abuse and the Adult

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

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

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

3. Offences

The Serious Crime Act (2015) introduced an offence of 'sexual communication with a child'. This applies to an adult, who communicates with a child and where the communication is sexual or, if it is intended to elicit from the child a communication, which is sexual and the adult reasonably believes the child to be under 16 years of age. The Act also amended the Sex Offences Act 2003 so it is now an offence for an adult to arrange to meet with someone under 16 having communicated with them on just one occasion, previously it was on at least two occasions.

All such reports should be taken seriously. Referrals will normally lead to a Strategy Discussion to determine the course of further investigation, enquiry and assessment. Any intervention should be continually under review especially if further evidence becomes known.

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

The Online Safety Act 2023 introduced new criminal offences including:

• Sending a message with information the sender knows to be false with the intention of causing non-trivial psychological or physical harm to a likely audience without reasonable excuse;
• Sending a message with a threat of death, serious injury, rape or serious financial loss where the sender intends the recipient to fear that threat will be carried out (or is reckless as to whether the recipient has such fear);
• Sending or showing an electronic communication with flashing images with the intention to cause harm to a person with epilepsy;
• Communicating, publishing or showing material capable (and with the intention) of encouraging or assisting the serious self-harm of another, even if the sender cannot identify the recipients and even if the self-harm does not occur;
• Intentionally sending or giving images of any person’s genitals to another person with the intention to cause the recipient alarm, distress or humiliation, or for the purposes of sexual gratification whilst reckless as to whether the recipient will be caused alarm, distress or humiliation;
• Four offences in relation to intentional sharing or threatening to share intimate images without consent, which do not necessarily require proof that the sender intended to cause alarm, distress or humiliation. (This replaces the previous offences relating to so-called ‘revenge porn’ where there was a requirement for an intention to cause distress).

4. Indecent Images of Children and Young People

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

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

It is a criminal act under Section 1 of the Protection of Children Act 1978 for any person to make and distribute indecent images of children. These are arrestable offences.

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

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

Where young people are voluntarily sending/sharing sexual images or content with one another the Police are likely to use the 'outcome 21' recording code. This allows the Police to record a crime as having happened but for no formal criminal justice action to be taken. Crimes recorded this way are unlikely to appear on future records or checks, unless the young person has been involved in other similar activities which may indicate they are at risk.

The discretion about whether to disclose non-conviction information rests with each Chief Constable managing the process.

5. Referral and Strategy Discussion

Where there is suspected or actual evidence of anyone accessing or creating indecent images of children, this must be referred to Merseyside Police and Children's Social Care.

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

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

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

A Strategy Discussion and any Section 47 Enquiry and Child and Family Assessment must carefully consider:

• Is there a child at immediate risk of Significant Harm e.g. the child in the image or a child in the household?
• What is the impact on the child in the image/in the household in terms of risks and their needs?
• Are there other children visiting the household? What is the impact on them?
• Is the child about to meet with the person inappropriately contacting them?
• Is the person accessing images or creating them in contact with children in their workplace?
• Is the person inappropriately contacting the child in contact with children in their workplace?
• Is the person accessing or creating images involved in voluntary work, youth work or any other activity involving positions of trust?
• Is the person inappropriately contacting the child involved in voluntary work, youth work or any other activity involving a position of trust?
• What is the timescale for a forensic investigation of any computer equipment?
• If the person is to be investigated, how should their contact with children be managed in the meantime, in the workplace and/or at home?
• Should other procedures, such as the Allegations against Staff, Carers and Volunteers be triggered?
• Is the other parent or any other carer in the household able to protect the child? What support networks do they have?
• What are the implications of the likely delay in the criminal investigations?
• Intervention should be continually under review if further evidence comes to light.

6. Outcome of the Section 47 Enquiry

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

Where there are no children identified as at continuing risk of significant harm in relation to the adult, the Police will continue with investigations in order to establish the identity of the child/ren in the images if at all possible. The National Police Child Abuse and Internet Specialist Services will be informed as appropriate.

Where there are no children identified in the adult's household or immediate home environment but the adult is in contact with children in other settings such as work or other activities, the relevant procedure such as the Allegations against Staff, Carers and Volunteers should be followed.

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

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

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

1. The employee with the concerns must inform his/her own line manager the same working day;
2. Where the concerns are about the line manager, then the employee should go straight to the next in line senior manager, or any other senior manager, within the same working day;
3. The manager who receives the information should ensure the computer in question is appropriately secured, and that it is not used by any other employee;
4. The Local Authority Designated Officer (LADO) must be contacted the same day;
5. Where an employee does not feel confident in informing any available line manager, then the agency's own whistle-blowing procedures should be used;
6. The LADO and the manager will ensure that the Police are contacted and actions agreed the same working day;
7. Identified senior managers will discuss and agree appropriate immediate actions regarding the employee subject to the allegations. There should be liaison with the LADO and the views of the police should be canvassed to inform the decision;
8. The Local Authority Designated Officer will ensure the Child Protection Procedures are followed, including the Allegations against Staff, Carers and Volunteers, where appropriate.

8. Cyberbullying

"Cyber bullying is the use of Information Communications Technology (ICT), particularly mobile phones and the internet, deliberately to upset someone else" (Department of Children Schools and Families (now the Department for Education) definition).

The development of technology has been experienced by many young people as a positive, productive and creative opportunity that supports socialising and learning. Unfortunately, as mobile phone and internet use has become more common, so has the misuse of this technology to bully.

Surveys have reported the incidents of cyberbullying of children to have increased between 11 and 34%. Although figures vary, the research indicates that cyberbullying is a feature of many children's lives. Raising awareness and tackling bullying must therefore be a priority on the agenda for safeguarding children.

Cyber bullying is a form of bullying but some features are different from other forms of bullying.

• Cyber bullying can happen at any time invading young people's privacy 24/7;
• The audience for bullying can be large and the spread of information is hard to control;
• People who cyber bully may try to remain anonymous which increases the distress level for the target. This anonymity also makes it easier for bystanders to join in without necessarily understanding how their behaviour is affecting the target;
• Cyber bullying because of its nature can act as evidence.

The Law

Education Law makes it clear that bullying is unacceptable and that it is the duty of the school community to protect its members. The Education and Inspection Act 2006 gives Head Teachers the power 'to such an extent as is reasonable' to regulate the behaviour of pupils when they are off site which can allow incidents of cyberbullying to be dealt with by the school.

Bullying is not a specific criminal offence but laws of harassment and threatening behaviour may apply. The Malicious Communication Acts may also apply. Police should be contacted for further advice in this area.

Tackling Cyberbullying

The best approach is prevention, which relies initially on identifying someone to coordinate a response. Areas which need to be covered include raising awareness; updating policies and practice; making reporting cyberbullying easier; promoting the positive use of technology and regularly reviewing the impact of these preventative activities.

Responding to incidents when they occur involves supporting the person being bullied, investigating the incident, working with the person doing the bullying and imposing sanctions. It is also important to consider when there is a child protection issue and when the police should be involved.

Service providers can be contacted. Mobile phone companies have nuisance call centres and procedures to deal with such instances. Calls can also be barred or numbers changed. Social networking sites and chat rooms also have procedures in place.

Education of children and young people and their parent/carers on key safety advice is crucial. There are a variety of good resources that can help. The Department for Education guidance is comprehensive and can be used by schools and can be adapted by other settings.

Further Information

Legislation, Statutory Guidance and Government Non-Statutory Guidance

Department for Education

Sharing nudes and semi-nudes: advice for education settings working with children and young people

Sexual Violence and Sexual Harassment between Children in Schools and Colleges (September 2021)

Ofsted Review of Sexual Abuse in Schools and Colleges (including Online) - This report is useful reading for everyone working in schools or with children and young people.

Useful Websites

THINK U KNOW is an online resource promoting safe use of the internet. It provides help and advice to parents, resources to use with young people and information and training for teachers and other adults working with young people. This site links to The Child Exploitation and Online Protection Centre.

Internet Watch Foundation (IWF) was established in 1996 by the UK internet industry to provide the UK internet 'Hotline' for the public and IT professionals to report potentially illegal online content within our remit and to be the 'notice and take-down' body for this content

Childnet Advice on Sexting

NSPCC Report Remove Tool - The tool enables young people under the age of 18 to report a nude image or video of themselves which has appeared online. The Internet Watch Foundation will review these reports and work to remove any content which breaks the law.

Safer Children in a Digital World. The report of the Byron Review;

Childnet International is an international, non-profit making organisation working to "help make the Internet a great and safe place for children" Child net provide advice both for parents/carers and children and young people and runs a number of different projects on staying safe on the internet and cyber bullying which can be accessed via the website;

Securus is a Company supplying software to protect pupils from cyberbullying in schools

UK Council for Internet Safety (UKCIS) Digital Passport - a communication tool to support children and young people with care experience to talk with their carers about their online lives.

Social Media as a Catalyst and Trigger for Youth Violence (Catch 22)

The Dark Web Explained (for Professionals, Parents and Carers)

Internet Matters - advice for professionals, parents and young people on a wide range of digital safety issues including the digital passport.

Refuge and Risk: Life Online for Vulnerable Young People - research into the risks and dangers for vulnerable young people online. The report discusses the types of risk they encounter which is exacerbated by the vulnerabilities.

Information for Children / Carers

Child Safety Online - A Practical Guide for Parents and Carers whose Children and Using Social Media.

Talking to Your Child About Online Sexual Harassment (Children’s Commissioner)

The Dark Web Explained (for Parents and Carers)

Online Safety SEND Resources

Parentline Plus has been re-launched as Family Lives. It is a national parenting organisation. The Parentline helpline is available on 0808 800 2222 for free, confidential, 24 hour help line on any matter relating to parenting including bullying.

Appendix 1: ACPO Guidance: Young People Who Post Self-Taken Indecent Images

Click here to view Appendix 1: ACPO Guidance: Young People Who Post Self-Taken Indecent Images