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Trauma and adversity informed practice Young Minds

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Trauma and adversity informed practice Young Minds

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https://youngminds.org.uk/media/3091/adversity-and-trauma-informed-practice-guide-for-professionals.pdf

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Adults

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Safeguarding adults at risk of abuse or neglect

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Guidance for organisations and practitioners on how to safeguard adults at risk of abuse or neglect.

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https://www.youtube.com/watch?v=xYBUY1kZpf8

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Childhood Trauma and the Brain | UK Trauma Council

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Marchant and Triangle Consultancy have developed guidance for managing disclosures from children about possible abuse and/or neglect. This guidance is based on years of taking children's and young adults' testimony about abuse, including testimony from young children and those with complex needs. These testimonies have been used successfully in court. The Guidance is referred to as 'Opening Doors' because practitioners need to know how to 'open doors' so that the child feels safe and able to tell.

The following 10 key principles should inform the approach.

1. If a child tells, plays, draws or shows abuse, listen and attend carefully, with 100% of your attention, even if you look like you are doing something else. This demonstrates that you are taking what they are saying seriously. Many children find it easier if eye contact isn't demanded of them.

2. Let the child tell you what they want to tell you, or show you, without interruption, what they want to show you, as long as they and others are safe. If the time or place is tricky, you might be able to adjust the environment rather than interrupt or stop them (e.g. move others, reduce sound in the room, and always try and have a pen and notebook nearby).

3. If you aren't sure what the child said or did, or if you aren't sure what they meant, offer an open invitation, e.g. reflect back what they have just said, or 'tell me more about that' or 'show me that again'. Avoid leading questions that could impact on further investigations by police.

4. Say things like 'uhuh' or 'mmhmm' or 'go on' to show you are listening. These are safe things to say because they encourage the child to continue, without directing their account in anyway. Saying 'OK' or 'right' or 'yes' is riskier because these can suggest approval of what is being said, and some things that they need to tell are really not OK.

5. Make clear through your behaviour and body language that you are calm, alright and not shocked and that you have time. Give the child as much physical space as they need.

6. Adapt your language and communication style in line with the child's needs. Be clear about what you need to know. Let the child use his or her own words.

7. Try to get just enough information to work out what action is required. Make a careful record of what they said and did, and any questions you asked as soon as you can.

8. If a child tries to demonstrate violent or sexual acts using your body, say calmly 'I can't let you do that' and if necessary, move away.

9. If appropriate, reflect back using the child's own words. Say exactly what they said, without expanding or amending or asking questions. If appropriate, comment to show that you have noticed what they are doing (e.g. 'you're showing me').

10. Let the person know what you will do next including who you will have to tell. This can be very simple: 'I am going to have a think and then I will come back' then perhaps 'Someone from the police is going to come. They need your help. I will stay with you when they are here'.

Further information:

Marchant, R. (2013). How Young Is Too Young? The Evidence of Children under Five in the English Criminal Justice System. Child Abuse Review, Volume 22, 6: 432-44.

Marchant, R. (2016). 'Age is not determinative: The Evidence of Very Young Children in the English Justice System. Criminal Law and Justice Weekly 180: 12-13.

Marchant R (2019) Opening Doors: Best practice when a child might be showing or telling that they are at risk of harm in Horwath, J. and Platt, D The Child's World The Essential Guide to Assessing Vulnerable Children and their Families; London, JKP.

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Marchant and Triangle Consultancy have developed guidance for managing disclosures from children about possible abuse and/or neglect. This guidance is based on years of taking children's and young adults' testimony about abuse, including testimony from young children and those with complex needs. These testimonies have been used successfully in court.

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https://anti-bullyingalliance.org.uk/tools-information/all-about-bullying/online-bullying/what-online-bullying

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Useful information to contact for support on specific safeguarding issues

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Useful information to contact for support on specific safeguarding issues

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https://gov.wales/live-fear-free

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Providing help and advice about violence against women, domestic abuse and sexual violence

Talk to us now

If you, a family member a friend, or someone you are concerned about has experienced domestic abuse or sexual violence, you can contact the Live Fear Free Helpline 24 hours a day 7 days a week, for free advice and support or to talk through your options.

Get in touch with Live Fear Free advisors free of charge by phone, online chat, text or email.

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Providing help and advice about violence against women, domestic abuse and sexual violence.

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https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-positions-of-trust-factsheet

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Extending position of trust provisions to capture those that lead activities in sporting and religious settings.

1. What are we going to do?

We are extending the "position of trust" offences within ss 16 - 19 of the Sexual Offences Act 2003 to include situations where certain activities take place in a sport or religion.

The "position of trust" offences are intended to target situations where the child has some dependency on the adult involved, often combined with an element of vulnerability of the child. Existing positions of trust are directed at those who are employed to look after children under the age of 18, for example those providing care for a child in a residential care home, hospital or educational institution.

Concerns had been voiced in Parliament and society more widely that the current positions of trust were too narrow, and that an extension to them was required to protect a wider range of relationships where adults held a position of influence or power over 16 and 17 year olds.

The further positions of trust were drafted following a Ministry of Justice (MoJ) review which engaged with stakeholders across the youth and criminal justice sectors, including the police, the Crown Prosecution Service (CPS), sports bodies, victims' groups, and religious organisations.

Together with the further positions of trust that have been drafted we are intending to include provisions in the Act to allow additional positions of trust to be added via secondary legislation should that prove necessary.

2. How are we going to do it?

We are creating a new s22A of the Sexual Offences Act 2003, rather than simply adding roles to the existing positions of trust contained in s21. This is because the current positions are defined either by reference to statutory settings or services so far as the adult's (A's) relationship to the young person (B) is concerned. Non-statutory settings represent a departure from the current legislation and require a different approach.

The new further positions of trust are defined by reference to the activity which A is carrying out in relation to B, namely, coaching, teaching, training, supervising or instructing in a sport or a religion, as defined. Both elements would need to be met.

Furthermore, it is a requirement that A carries out the activity "on a regular basis", to avoid an approach that is too broad and capture someone who only helps with a coaching session, say, on one occasion or infrequently.

Also, a knowledge requirement must also be met, so that A is aware that they carry out a certain activity on a regular basis in relation to B. This is to prevent the positions of trust being drawn too broadly and strengthen the requirement for a prior connection/contact between A and B. This is intended to ensure that if, for example, A preaches regularly to a congregation of 2000 people and has had never met B, so does not even know that B is a member of that congregation, A will not be considered to be in a position of trust over B.

Sport is defined using games in which physical skill is the predominant factor and those which are engaged in for the purpose of competition or display.

Religion is defined to capture those involved in a religion that holds a belief in one or more gods, and those involved in a religion that do not hold a belief in a god.

3. Background

Several examples of abuse in a sport and a religion have come to light in recent times, most prominently the widespread child sexual abuse in football that was revealed in 2016, including by former coach Barry Bennell.

Allegations of sexual abuse across a variety of religious and faith settings prompted an investigation by the Independent Inquiry into Child Sexual Abuse (IICSA).

There has been a call for change across Parliament and wider society, including the 'Close the Loophole campaign' run by the National Society for the Prevention of Cruelty to Children (NSPCC), and the All-Party Parliamentary Group on Safeguarding in Faith Settings report published in 2020, which called for a change in the existing legislation to protect young people.

In Spring 2019 the MoJ conducted a review of the law in this area, speaking to 45 stakeholders, including charities, sports bodies, religious organisations, victims' groups, the police, and the CPS. This review found strong evidence for extending the law to cover situations involving activities taking place in a sport or in a religion.

4. Frequently asked/useful questions

4.1 Q: Why were the existing positions of trust offences created?

The existing positions of trust offences were not intended to cover all scenarios or situations in which a person might have contact with, or a supervisory role over, those aged under 18. They were intended to target those where the young person has some element of dependency on the adult involved, often combined with an element of vulnerability of the young person: for example, those caring for a young person in a residential care home, hospital or educational institution.

4.2 Q: Did you consider simply expanding the "positions of trust" offences to cover any adult involved in caring for, training, supervising or being in sole charge of a child?

We looked at a range of options including such a broad reform. This is an incredibly complex area. Whilst tempting to expand the definitions in such a broad manner, it was important to note that as the definition widens so does the erosion of the legal right of those over the age of 16 to consent to sexual activity.

4.3 Q: Why only those individuals who coach, teach, train, supervise or instruct in a sport or a religion? Did you consider expanding the further "positions of trust" to cover other specific situations?

Those who carry out certain activities in a sport or religion are particularly influential over a child's development. For example, sports coaches have unique opportunities for physical contact, and can hold major influence over a young person's career and future development. Similarly, those who carry out certain activities in a religion often have significant influence over a young person's spiritual and religious development, often against a background of emotional vulnerability or immaturity. Both situations also have very high levels of trust, influence, power and authority and (particularly in the case of those involved in a religion) these figures are well established, trusted and respected in the community.

4.4 Q. In moving away from existing defined statutory positions does it mean that the age of consent is effectively increased, thereby leading to the potential criminalisation of innocent relationships?

These further positions of trust have been drafted to strike the sensitive balance between the protection of young people and the need to ensure that we do not infringe upon the sexual rights and freedoms of those over the age of 16 granted to them by Parliament. We are very aware of the risk of inadvertently criminalising ordinary relationships. Achieving the right balance is therefore the key challenge in developing these additional measures.

4.5 Q: What are you doing to address wider concerns expressed during the review of the law?

Whilst we did not feel it was appropriate to extend positions of trust to capture all of those who come into contact with 16/17 years olds in every role, the provision will allow additional positions of trust to be added via secondary legislation should it prove necessary to do so. Some concerns expressed during our review, and in correspondence, relate to young people aged under 16.

It is important to remember that our laws on sexual activity with under-16s are robust and clear. It is a crime for anyone to engage in sexual activity with someone under the age of 16, whether or not they consent to that activity. Non-consensual sexual activity, whatever the age of the victim, is also illegal.

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Positions of trust: Police, Crime, Sentencing and Courts Act 2022 factsheet

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Extending position of trust provisions to capture those that lead activities in sporting and religious settings. We are extending the "position of trust" offences within ss 16 - 19 of the Sexual Offences Act 2003 to include situations where certain activities take place in a sport or religion.

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Reporting suspected abuse, harm or neglect (safeguarding)

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What to do if you suspect someone is at risk of harm, abuse or neglect.

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Guidance to help you follow the law on safeguarding people.

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TED talk on Contextual safeguarding

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Contextual Safeguarding: Re-writing the rules of child protection | Carlene Firmin | TEDxTottenham