News

Sexually harmful behaviour among children and young people is an important topic for practitioners, as anyone who has been reading Community Care recently will know. But is it so important for the government?

The answer seems to be no. The Report of the Committee of Enquiry into Children and Young People who Sexually Abuse Other Children¹ was published 10 years ago and, although there has been some progress in policy and practice, there is still no national strategy. Government policy remains unclear and services on the ground are sporadic. As a result, many of these children and young people are not receiving the type of support they need.

Earlier this year, the NSPCC produced a report2 that highlighted the issues and called on the government to develop a national strategy (see below for proposals).

In some ways it is easy to see why the government has been lukewarm in its approach. Treating sexual abusers in anything other than a punitive manner is hardly a vote-winner. In addition, non-specialists are likely to have scant knowledge about children who display sexually harmful behaviour.

Although research tells us much about the backgrounds and needs of these young people, it is difficult to convey the complex messages about this group to the media, the public, the government and, sometimes, to professionals.

One difficulty is knowing when sexual behaviour is harmless and when it is not. Many children engage in activities that form a normal part of their sexual development. But the sexual behaviour of young people exists on a continuum, from mutually agreed experimentation to serious behaviours such as multiple rape. Indeed, research shows that juveniles commit at least a quarter of all sexual offences.

But does condemning the behaviour mean we should condemn the child? Studies show that a significant proportion of these children have suffered some form of abuse or trauma. The behaviour is particularly linked to experiencing sexual abuse, domestic violence and poor attachments. And a significant proportion of those seen by specialist services have severe emotional or learning difficulties.

Over the past 10 years successive governments have not developed a strategy that guarantees an appropriate response to every child and young person who displays sexually harmful behaviour. Indeed, the Criminal Justice and Public Order Act 1994, the Sex Offenders Act 1997 and the Crime and Disorder Act 1998 have resulted in a move away from a child welfare approach to a criminal justice approach.

The Department of Health and the Home Office have issued limited guidance. But these two departments come at this problem from different starting points. The Department for Education and Skills has issued no national guidance for schools or teachers. Funding is not co-ordinated across departments. In other words, there has been no agreed overall approach. As a result there is an inconsistent response to children and young people at the local level, with different systems and policies operating in different areas.

Without specific agreements there is no guarantee that child protection and criminal justice agencies will work together in areas and there is not a strong enough obligation on social services departments to respond to this group of children and young people. Children and young people going down the criminal justice route are unlikely to be adequately assessed in terms of their own needs.

The outcomes of these different routes are likely to be different. Behaviour can result in "no further action" and no record under social services, but a custodial sentence, schedule one (charged with a sex offence) status and registration on the sex offenders register if dealt with by the police.

The NSPCC report also highlights the lack of knowledge about treatment services such as what activities are being undertaken and by whom. In general, there is poor access to specialist treatment provision and there are concerns about the quality assurance of such services. There is also a lack of rigorous record keeping for this group so it is difficult for agencies to share appropriate information.

These children and young people are not "young sex offenders". Most are not motivated by a sexual preference for children, although this behaviour can become entrenched. Rather, the behaviour is a response to their own experiences: a way to fulfil needs, exert power or express anger.

This does not make the behaviour acceptable, and certainly we need to acknowledge that some of these children and young people do pose a risk to others. But at the same time we should remember that these are children and young people with complex problems and needs. As such they deserve our help and are entitled to services.

A coherent system is urgently needed in which agencies work together to deliver a consistent response to all children and young people. Such a response would lower the level of child sexual abuse, meet the needs and manage the potential risks posed by this vulnerable group and help to stop these children and young people developing this behaviour into adulthood.

Elizabeth Lovell is a policy researcher for the NSPCC.

References

¹ NCH, The Report of the Committee of Enquiry into Children and Young People who Sexually Abuse Other Children, NCH, 1992

² Elizabeth Lovell, "I Think I Might Need Some More Help with This Problem…Responding to Children and Young People who Display Sexually Harmful Behaviour", NSPCC, June 2002. Copies of the report can be obtained from 020 7825 2500 or e-mailing infounit@nspcc.org.uk

Further reading

T Morrison, "Where have we come from: where are we going? Managing adolescents who sexually abuse others", NOTA News 21, National Association for the Treatment of Abusers, 1997

NSPCC proposals

• A cross-departmental UK government review to develop an overarching strategy of response based on a "child-first" philosophy.
• The government should develop a designated unit with responsibility for co-ordinating a response. The children and young people’s unit should ensure a joined-up government approach. The Treasury should co-ordinate funding across government departments.

The Department of Health should:

• Map the extent and quality of inter- and multi-agency protocols on children who sexually harm others.
• Ensure the dissemination of best practice including a partnership approach in all local authorities, improvement of recording practices in social services departments and the development of protocols for sharing information appropriately.
• Develop a national treatment strategy and establish a policy for accommodating these young people.
• Consider how recommendations made in the report are related to the national service framework, the national strategy for sexual health and work with children and young people who are fostered or adopted.

The Home Office should:

• Undertake to review the application of the sex offender register and schedule one to juveniles.
• Develop an improved response to 18 to 25-year-olds, especially those who are high risk, in accordance with the Children Leaving Care Act 2000.
• Guidance for multi-agency public protection panels and disposal guidelines should be drawn up by the Youth Justice Board.

The Department for Education and Skills should:

• Develop and disseminate guidance and training for all school staff on this issue.
• Improve sex education, especially for disabled pupils and those with learning difficulties. This would help children to make informed choices about their behaviour and that of others.