The Sacpa Journal Issue 1 May 2024

t h e s a c p a

J o u r n a l

Welcome

CLAIRE DAN - DIRECTOR OF SAFEGUARDING BSA GROUP AND DIRECTOR, SACPA

I am delighted and very proud to introduce sacpa’s first journal this has been an immensely enjoyable project to co-ordinate, and I do hope that you enjoy reading the perspectives of our contributors as much as I have.

I want to express my heartfelt thanks to all our contributors, many of whom spent time over the new year break writing these articles to support the sacpa safeguarding community. their generosity and willingness to share their expertise with us truly does reflect a commitment to excellence in safeguarding

sacpa has sought to curate a range of perspectives from subject matter experts working in advisory, academic and legal capacities I do hope that these articles stimulate practice reflection at both strategic and

operational levels of safeguarding practice, and perhaps some thoughts about further development of safer organisations in your sector or setting please do engage with sacpa and let us know your thoughts and safeguarding needs

after some very helpful editing advice from one of our contributors these journal articles have been organised into themes We do hope that this adds a logical flow if you choose to read the journal in its entirety But the clustering of themes may also help you review the articles in a particular theme of interest

My thanks to Marcus erooga, Kristine scott and peter spindler for their articles within the safer organisations theme these are followed by the contributions of Dr elena

Martellozzo, paula Bradbury; and Karl hopwood who focus on particular aspects of online safety aspects of safeguarding more vulnerable children and people is explored by adam McRae-taylor; Dr David Junior Gilbert, Dr anne-Marie Day, professor clare s allely and professor (Dr) andrew Rowland Finally, David smellie and Michael sheath cause us to pause for thought, and consider the importance of analysis in case management, and safeguarding supervision in the delivery of effective safeguarding practice

I do hope you enjoy

MARCUS EROOGA - INDEPENDENT SAFEGUARDING CONSULTANT

Marcus Erooga is an independent Safeguarding Consultant who has spent his career in various roles relating to safeguarding and abuse prevention Since 2012 he has been an independent Safeguarding Consultant working with a wide range of domestic and international and he is currently Chair of the Ampleforth Abbey Safeguarding Panel, a non-executive director of the Religious Life Safeguarding Service (RLSS) and a member of the advisory Executive Committee of SACPA

He is an experienced trainer and presenter having worked across the UK as well as Canada, Italy, Norway, Singapore, Spain, Switzerland and the USA, and regularly give presentations ranging from multiple day events through keynotes to topic focused sessions He is author of a number of some eighty publications on child abuse and sex offender related issues including five edited books and is currently co-editing a book on Safeguarding in the International Aid and Development sector

Between 1999-2018 he was a Visiting Research Fellow at the Centre for Applied Childhood, Youth and Family Studies, University of Huddersfield, was the expert witness for a Royal Commission case study into sexual abuse of students by the principal in a prestigious Australian dance school in 2016 and was an expert witness for the 2019 and 2020 Independent Inquiry into Child Sexual Abuse in England and Wales (IICSA) investigation relating to residential schools A list of his publications can be accessed at: https://orcid org/0000-0002-5184-2967 and he can be contacted at marcuserooga@gmail com

Powerful Perpetrators –abuse hidden in plain sight.

In the last two years there have been several documentaries about the prolific offending of Jimmy savile and the trials and imprisonment of ‘national treasures’ Rolf harris and stuart hall, amongst others timed, presumably, to coincide with the 10th anniversary of those revelations coming to light they have been a stark reminder of events which, even though there is no doubt they happened, still seem in some ways unbelievable even as someone who took a close professional interest in the coverage at the time, and subsequently edited and contributed to a book about the broader lessons which could be learn from the 80+ inquiries into events at institutions with which savile was associated (erooga, 2018), it was still shocking to hear again the detail of the behaviour of these powerful men and the brazen way in which they committed their offences

It has become ‘received wisdom’ that those in authority tolerated their behaviour so as not to jeopardise relationships with valuable ‘talent ’that the “talent was more valued than the values” (smith, 2016) the evidence, as so often, is of a more complex set of interacting factors, including broader institutional cultural issues, a sophisticated, if largely instinctive, understanding by those offenders of how to use their celebrity to facilitate their abuse without fear of consequences and a very real concern by victim/ survivors that

were they to speak out they would not be believed shocking as the revelations still are it is tempting to regard them as history and therefore no longer a current concern – that these are men now elderly or dead who offended in different times, when safeguarding was not as developed as it is now

rElEVanCE noW

however, a review of inquiries which reported between 2010 and 2018 into 17 cases of organisational sexual abuse committed in the UK, Usa and australia and identified common characteristics in the offending of what we described as ‘powerful perpetrators’ - those who:

• had the ability to ignore, claim exception to, or exemption from, safeguarding rules:

• had one or more of four types of authorityascribed, hierarchical or positional organisational authority or self-created or charismatic authority (which includes organisational celebrity) or

• Was a local or national celebrity, that is had status which originates externally to the organisation (erooga, Kaufman and Zatkin, 2019)

While these powerful individuals may be some of an organisation’s greatest assets, they might also present one of its most significant risks In the research we identified 11 categories of grooming behaviour ranging from threats & coercion to gain

cooperation in abusive acts to bribes & enticements to maintain victim silence following abuse onset however, the important finding for the purposes of this article was that indicators of inappropriate behaviour or boundary transgressions were apparent to onlookers before or whilst they were abusing, even if the full implications were not known or understood

HIndSIgHt IS a HarSH CrItIC

a potential pitfall of using past cases to draw learning from is that the answers seem obvious when reviewed retrospectively – the clues were there ‘in plain sight ’ In a minority of cases organisational dynamics did lead to serious concerns not being addressed, but in the majority it was smaller indications that were not recognised or responded to appropriately In many ways this is a very human response, that the possible implications of concerning behaviours are so contrary to our beliefs about our colleagues and our organisation that we evade, neutralise or rationalise (cohen 2001) the implications None of us wants to believe that a trusted colleague could behave inappropriately, let alone abusively, and we may well be concerned that to wrongly suggest such a thing could be career ending for them this was identified as an issue in the review by Davies (2014) of the Vahey case, illustrated with quotes from senior staff members

“I did not remotely think that Vahey posed a threat; my mind doesn’t work like that Although there were cases of teachers abusing children in the press, you always thought that it wouldn’t happen to you or to your school” and “Whereas we taught children to beware of strangers and to make sure that they kept themselves safe from the outside dangers, we never considered dangers that might come from within”

(para 7 23)

It was partly to address those concerns that the concept of low-level concerns was developed William Vahey, the offender in the case which was the catalyst for what has become the low-level concerns approach clearly fitted the ‘powerful perpetrator ’ category a man who, despite not having hierarchical authority in the school became a ‘school celebrity ’ and leveraged that status to enable him to behave with a degree of ‘exceptionalism’ common to many offenders in this category

IMPlEMEntIng a loW-lEVEl ConCErnS aPProaCH

It is now mandatory for schools and colleges to have a low-level concerns process that is laudable and clearly intended to engender good practice however, as in so many circumstances, the journey from intention to implementation has the potential for the intention of the initiative, in this case a lowand co produce an annually updated guide to

“The second is being aware of possibility that groupthink can easily evolve – that it is possible to not recognise the possible significance of behaviours which in another setting, or relating to a different individual, might warrant further scrutiny because a particular view of that person, or that behaviour, has become normalised”

Erooga, 2023

developing and implementing a low-level concerns policy https://www.farrer.co.uk/globalassets/clientsand-sectors/safeguarding/developing-andimplementing-a-low-level-concerns-policy.pdf which is immensely helpful (as a co-author, I may be biased!) designed to support effective implementation, but a key lesson from a whole range of inquiries, not just those used for the powerful perpetrator research referred to above, is that all too often the problem is not the identification of behaviour which should lead to further inquiry, but the interpretation of that behaviour. In the case of the powerful perpetrator cases referred to above a range of factors related to power and status served to avoid or deflect appropriate scrutiny, but an appendix in the Farrer & co guidance details other cases where the behaviour was in plain sight, but its’ significance is not apprehended this may be partly due to the psychological process of ‘confirmation bias’: “Once we have formed an opinion, we are slow to revise it; we are more likely to notice evidence that supports it and overlook or interpret ambiguous evidence in a way that confirms rather than challenges our opinion Where adults have known each other for a very long time, and the relationship is in general terms a positive one, confirmation bias may be particularly strong It can be difficult to see the significance of behaviours that, to a more dispassionate observer, might be seen as troubling There are many ways in which evidence can be explained away ”

Munro and Fish (2015, p 19)

HoW to MInIMISE

tHESE PotEntIal PItFallS

having pointed out the potential problems it is incumbent on me to suggest positive responses, and I would identify three the first is that the basis of an effective low-level concerns approach needs to be consistency, the knowledge that behaviour which is not consistent with the standards and values of an organisation, and which does not meet the expectations as set out in the code of conduct, will be addressed

the second is being aware of possibility that groupthink can easily evolve – that it is possible to not recognise the possible significance of behaviours which in another setting, or relating to a different individual, might warrant further scrutiny because a particular view of that person, or that behaviour, has become normalised – like some of those ‘powerful perpetrators mentioned above the preventive approach to that happening is to invite external scrutiny of judgements that is not to suggest that every decision is scrutinised in this way but periodic review by someone outside the organisational system, possibly a safeguarding lead from another similar setting with a reciprocal process being offered to them, may help to highlight the ways in which good intention can slip into developing a ‘blind spot ’ about particular people or issues

Finally, to finish where I began, is a suggestion from the inquiry into Jimmy savile’s abuse in the Leeds hospitals, that an effective safeguarding culture is partly created by leadership that fosters that creates “ a culture of curiosity, scrutiny and constructive challenge, with processes to underpin these behaviours”

(Proctor et al , 2014, p 206)

KRISTINE SCOTT - PARTNER & HEAD OF EDUCATION TEAM, HARRISON CLARK RICKERBYS LIMITED

Kristine leads Harrison Clark Rickerbys education team and focuses on issues relating to staff, pupils, and parents – from sensitive dismissals to pupil exclusions, and parental complaints Kristine has many years ’ experience of child protection and safeguarding, advising on the full range of issues including allegations against staff, peer on peer abuse, ‘live’ matters as well as conducting retrospective reviews Kristine is trusted to support education clients with multi agency working including the duty to refer and/or report She is recognised UK wide as a leading practitioner and expert in the field of education and employment law Delighted clients say, ‘the quality of response is great, as it is always right first time, and she is great to deal with on a personal level’

Mandatory Reporting of Child Sexual Abuse.

over the past seven years, the Independent Inquiry into child sexual abuse (‘IIcsa’) has been conducting an investigation into child sexual abuse In its final report, IIcsa recommended that the UK and Welsh governments introduce legislation which places certain individuals under a statutory duty to report child sexual abuse

the home Office launched a consultation which closed at the end of November 2023 to set out proposals for delivering a mandatory reporting duty and testing a small but significant set of undecided policy questions It is particularly aimed at those engaging with children and young people through regulated activity or positions of trust and as such, will be of particular importance to schools and any other organisations who work with young people

WHo tHE duty WIll aPPly to

certain individuals will be considered ‘mandated reporters’ which includes the following persons: any person working in regulated activity in relation to children (as defined under the safeguarding and Vulnerable Groups act 2006

• any person working in a position of trust (as defined by the sexual Offences act 2003)

• police officers

Regulated activity includes (amongst other things) teaching, training or instruction, care or supervision of children Organisations which engage with children through the above categories will be required to notify relevant individuals of their responsibilities under the duty It is also being proposed that a bespoke list of additional roles of who should be subject to the duty will be set out We are currently

waiting for that list to be identified following the consultation

WHat SHould bE rEPortEd

a report must be made when, in the course of undertaking regulated activity or one of the specified roles, the individual:

• Receives disclosure of child sexual abuse from a child or perpetrator; or

• personally witnesses a child being sexually abused, this can include viewing indecent images of children

‘child sexual abuse’ should be interpreted as any act that would be an offence under the sexual Offences act 2003 where the alleged victim was under the age of 18 at the time the abuse occurred

It is anticipated that reports will need to be made to either local authority children’s social care or the police as soon as is practicable

ConSEquEnCES oF brEaCHIng tHE duty to rEPort

In relation to the consequences for breaching this duty, it is being proposed that it should be a criminal offence for mandated reporters to fail to report child sexual abuse where they are in receipt of a disclosure of child sexual abuse from a child or perpetrator or witness a child being sexually abused Breaches of this duty will be subject to referral to the Disclosure and Barring service for barring consideration all regulated professionals and teachers who are subject to the duty will also be, at a minimum, subject to professional sanctions to be determined by the appropriate regulating body

In addition to the mandatory reporting duty, there will be a separate criminal offence reserved for anyone who deliberately obstructs an individual from carrying out the duty through destroying or concealing evidence or applying pressure on an individual to prevent them from reporting how this will operate in practice and be monitored by organisations, will require thought after the consultation response has been published

arE tHErE any ExEMPtIonS?

Where the child is aged between 13 and under 16 years old, a report does not be made where the reporter reasonably believes that:

• the relationship between the parties is consensual and not intimidatory, exploitative or coercive; and

• the child has not been harmed and is not at risk of being harmed; and

• there is no material difference in capacity or maturity between the parties engaged in the sexual activity concerned and there is a difference in age of no more than three years

these exemptions should not, however, apply where the alleged perpetrator is in a position of trust within the meaning of the sexual Offences act 2003 Where the child is under the age of 13, a report must always be made It can be seen that the exemptions may create difficulties for individuals and organisations where they are mandated to report but may be unsure whether an exemption applies, i e because the relationship appears to be consensual a reporter may have to consider any flags which may indicate the relationship is not consensual, such as a significant age difference or what might appear to be an imbalance of power

ProtECtIon For rEPortErS

It is being proposed that the duty includes relevant protections for reports that are made in good faith this will include reporters being protected from any repercussions by their employer or wider organisation as a result of making a report or alerting the appropriate authorities that a report which should have been made under the duty had been withheld any report made under the duty will also not breach any obligation of confidence owed by the person making the disclosure

the consultation closed on 30 November 2023 and at the time of writing this article (December 2023) there was no published response It is expected that a paper summarising the responses will be published within 12 weeks of the consultation closing

WHat WIll bE tHE IMPaCt oF tHIS For Hr In an organISatIon

It is clear at this time that further detail is going to be required before determining how an organisation and consequently any reporter will be able to comply with this new mandatory duty One of the aims of IIcsa’s recommendations was to address the long-term under-reporting of child sexual abuse and institutional failures this has to be balanced with ensuring that organisations feel confident in reporting and that this is not seen as a burden there are likely to be concerns, particularly in relation to the proposed sanctions and what it will mean for an individual who is the reporter the government ’s intention appears to wish to assuage concerns around these issues to allow suitable referral processes and for affected organisations to put in place and undertake appropriate training before the mandatory duty comes into force

similar to duties of any designated safeguarding lead in an organisation, the mandated reporter will need to ensure that they have suitable training and clear guidance on the reporting obligations, including the consequences of a failure to report

It is expected that organisations will need to provide clear guidance to staff (we expect a policy to sit alongside other safeguarding duties and responsibilities), particularly around the duty to report in order to ensure a culture of openness, transparency and accountability

PETER SPINDLER - SENIOR POLICING AND SAFEGUARDING ADVISOR

Peter joined the Metropolitan Police (MPS) in 1985 after graduating from the University of Warwick In 1998, he was seconded to the Regional Crime Squad and promoted to Detective Superintendent in 2000 whilst on the new National Crime Squad, leading on combating child abuse on the internet nationally In 2002, Peter led the London response, both proactive, reactive as well as interactive to serious crimes against children He took the lead as Detective Chief Superintendent for child abuse investigations in 2003 for over three years

He was promoted to Commander in 2008 and in 2012 established Operation Yewtree, the groundbreaking inquiry into sexual abuse by high profile figures triggered by the revelations about the late Jimmy Savile In April 2013 Peter transferred to Her Majesty’s Inspectorate of Constabulary as Assistant Inspector of Constabulary where he led on ethics and integrity, retiring in 2015

He is now a senior advisor on safeguarding and policing matters and supports a number of public and private sector organisations As an honorary fellow of the Institute of Criminal Justice Studies at the University of Portsmouth, he regularly lectures on safeguarding, ethics and integrity and critical incident management there and at Buckingham New University He chairs the Westminster Abbey Safeguarding Reference Group, the St Paul’s Cathedral Safeguarding Advisory Group and sits on the Missing People Charity Safeguarding Board

Safeguarding and Critical Incident Management.

Sadly, on occasions, but thankfully not routinely, our institutions and organisations will experience some form of crisis which necessitates a structured, coherent response to maintain the trust and confidence of those involved and their stakeholders When this crisis whether real or emerging happens in a safeguarding context, a specialist, multi-agency response will be required Demonstrating grip of such situations and ensuring the effective management of risk involves several key components

this article sets out a tried and tested methodology for managing critical incidents, developed in a policing context but transferable to other complex settings such as in education, faith or the third sector a critical incident can be defined as:

“Any event where the effectiveness of the organisation’s response is likely to have a significant impact on the confidence of the victim, (customers/clients/worshipers), staff, their families and/or any community to which they might belong ”

Usually there are five key stages in any critical incident response:

• Determine and review the incident(s) concerned

• Fact finding about the incident(s) from those involved

• Identification of the emerging risks and issues

• Development of a resolution to the issues identified

• evaluation of the solution proposed

to explore these further, the first and most important step is to be able to recognise potential or emerging critical incidents and declare them as such the recent review by the college of policing into the drowning of Nicola Bulley criticised the failure of the Lancashire police to recognise the reputational impact of the case and not declare the inquiry as a critical incident sooner they described this as a “missed opportunity to signpost clearly –both to those within the Constabulary and to the wider public – the seriousness with which the Constabulary was responding” and “would have led to a stronger command structure, with a greater focus on areas of concern ”

grIP and good goVErnanCE of any critical incident is vital to a successful resolution Roles need to be clearly understood with a hierarchy of command to deliver a strategic, tactical and operational response a clear and agreed strategy is required at the outset of the implementation of a formal structure to support the objectives of the incident or concern at hand the lead for the organisational response should chair regular serious case management meetings to ensure the strategy is being delivered

an EFFECtIVE dECISIon-MakIng ProCESS will enable those charged with managing the response to any form of critical incident to evidence the rationale for their actions transparency is key to accountability and the model below sets out the five stages of decision making to ensure the user has areas for focus and consideration the decisions taken and the rationale for them must be recorded on the appropriate system used to manage the inquiry and be based on the best available information at the time

Early IdEntIFICatIon oF tHE rISkS and ISSuES associated with the concern or incident will allow for mitigation measures to be put in place and ensure no further harm is caused a log of the known risks and issues should be created from the outset and be part of the standing agenda for the serious case management meeting

a CoHErEnt InVEStIgatIVE StratEgy will be required to enable the first stage of the decisionmaking model Whoever is tasked with carrying out inquiries into the incident or concern raised will need to take a structured and methodical approach to their information gathering and wherever possible follow the doctrine of the human rights principles in ensuring their activities are:

Proportionate

legal

accountable

necessary

Ethical

any operational strategy requires structure and various easy to remember methodologies are available to help formulate your response such as remembering your VoWS;

Victim

offender

Witness

Scenes

a MEanIngFul CoMMunICatIonS StratEgy is essential to ensure both internal and external stakeholders are reassured that the organisation has a grip of the incident and is developing an appropriate response specialist or independent advice in formulating the key messages which may at times need to be carefully nuanced and any “if asked” questions may be advisable these messages should always be victim led or survivor focussed/centric Remember you protect your reputation by doing the right thing and clear communications will be required to demonstrate the commitment of the organisation to resolving matters how well you manage the messaging especially through social media can make or break your reputation

an InCluSIVE StakEHoldEr EngagEMEnt Plan should be developed to allow all to whom you are accountable or have oversight/interest in the effectiveness of your response to be assured of your competence a stakeholder mapping exercise carried out in advance of any such crisis will allow the nominated spokesperson to quickly identify who to prioritise and through what medium

tEStIng and ExErCISIng in a safe learning environment is required to enhance the capability of your teams, especially when operating in a multiagency context You wouldn’t after all leave it to the day of the ball to learn to dance

PAULA BRADBURY - CENTRE FOR ABUSE & TRAUMA STUDIES, MIDDLESEX UNIVERSITY, UK

She is the Senior Researcher at the Centre for Abuse & Trauma Studies engaging in multiple research projects and bid writing opportunities, the results have led to several successful grants awarded She is a doctoral researcher studying for a PhD in Criminology, exploring the appropriateness of policy and policing practice in response to adolescents sharing nudes

Paula is a published, peer reviewed author, specialising in the field of online harms, child sexual abuse and exploitation, stalking, sexual violence, offender pathways and adolescent digital behaviours She has a keen interest in understanding sexual behaviours in cyberspace and how our safeguarding policies and policing practices need to evolve to meet the challenges of the Metaverse She provides private online harms consultation to public, private, and civil service organisations, both in the UK and abroad Paula has also presented to the international Ministry of Justices’ on Online Harms and the risks of Violence Against Women and Girls in a digital age, conducted media panel discussions on the topic of risks through sexual image sharing platforms, and gives talks on sexual image sharing, legislation, policy and practice Paula began her career working in Policing Intelligence as a Sexual Offences Analyst, and was the National Child Sexual Abuse Lead at Victim Support

Exposed Online: Exploring Risks and the Imperative for Rethinking Children’s Online Safety Education.

We find ourselves in an era where technology has infiltrated nearly every aspect of our lives, at a very early age, with children as young as two being give digital devices for entertainment (pew Research, 2020) this has given rise to a generation commonly referred to as digital natives (Wang et al, 2013), as children grow up immersed in the online realm (Dingli and seychell, 2015) What social scientists have been able to explore is that, as young people navigate virtual spaces to explore their sexual identity, their cognitive grasp of associated risks varies (Lever et al, 2008).

the virtual landscape exposes children to potential dangers, including coercion, exploitation, criminalisation (arthur, 2019), as well as encounters with interpersonal violence and pornography (Martellozzo et al , 2016) the escalation in young people’s exposure to online sexual content has been correlated with problematic sexual behaviors in adolescence (Mori et al , 2023) consequently, there is a growing demand for enhanced education targeting children, families, and frontline practitioners to heighten awareness and improve child protection measures (stoilova, Livingstone and Khazbak, 2021) One troubling aspect of problematic sexual behaviour among children revolves around

the creation and distribution of nude images, which fall under the category of indecent images these actions are particularly alarming as they are deemed illegal, since the subjects depicted are minors (Doyle, et al 2021) the implications of such activities extend beyond moral concerns, entering a legal territory and highlighting the need for swift and decisive action that focuses on the best outcome for the wellbeing of the child (Bradbury, 2024)

the Internet Watch Foundation (IWF), europe’s largest hotline with a dedicated task to locate and remove images and videos of child sexual abuse from the internet, has recently presented disturbing findings in their 2022 report the data reveals that nearly 20,000 webpages contained ‘self-generated’ content showcasing 7- to 10-year-old children this represents a staggering increase of almost 8,000 instances when compared to the corresponding period in 2021. the IWF characterises the rapid growth of material featuring primary-aged children as a social and digital emergency, emphasising the urgent need for targeted and sustained efforts from the Government, the tech industry, law enforcement, education, and third sectors to effectively target this concerning issue

DR ELENA MARTELLOZZO - ASSOCIATE PROFESSOR

IN CRIMINOLOGY AND ASSOCIATE DIRECTOR AT THE CENTRE FOR CHILD ABUSE AND TRAUMA STUDIES (CATS) AT MIDDLESEX UNIVERSITY

Elena has been working in the area of cyber violence for 15 years and is now recognised as a world leading expert in the area, focusing primarily on online harms, online safety and is involved in policy debates at the intersection of technology and human behaviour One of Elena’s key focuses is to develop innovative research and sharing her findings in international fora She continually attracts research funding in highly sensitive areas with government departments including the police, the Internet Watch Foundation, the NSPCC, the Children Commissioner for England, the Home Office She has acted as an advisor on child online protection and online violence against women and girls to governments and practitioners in Italy (since 2004) and Bahrain (2016) to support the development of national child internet safety policy frameworks Elena is a lead researcher in the area and has led a number of high impact project, nationally and internationally As a published peer-reviewed author, and well-established national and international Criminologist, she is regularly invited as a speaker by the BBC, New York Post, Sunday Times, The Guardian, Channel 4, Radio 4, ITV, The Times Radio

Twitter: @E Martellozzo LinkedIn: https://www linkedin com/in/elena-martellozzo-phd-33617112/

WHy do CHIldrEn SHarE nudES?

Understanding the motivations behind why children share nude images is a complex and multifaceted issue, frequently encountered in the realm of policymaking the reasons behind such actions are not easily distilled, as they are influenced by a number of internal and external factors

Internally, adolescent development plays a crucial role, with research suggesting that the decision to share nude images is often linked to relationship intimacy development (thorhauge & Bontiz, 2020), identity formation (Bell, 2019), peer pressure (Buren et al, 2022), and the desire to establish a sense of normalcy in physical development It is worth noting that not all instances of sharing nudes are inherently negative, as many adolescents report positive experiences (cooper et al, 2016) however, the immature cognitive development of adolescents often blinds them to potential negative outcomes (Bradbury, forthcoming, 2024; Rhyner et al, 2018)

externally, more concerning factors come into play, particularly exposure to online pornographic content (Wright et al, 2021) and the risk of grooming and exploitation (adell, 2023) additionally, there are

nuanced harms associated with adolescent nude sharing that may not be immediately apparent an example can include ‘slut-shaming,’ which is the act of stigmatising an individual based on their appearance, perceived sexual availability, and actual or perceived sexual behaviour, primarily targeting women and girls this form of stigmatisation manifests in social and relational consequences, including the spread of rumours, social exclusion, and the use of derogatory terms like “slut ” and “fag” (setty et al, 2022; Goblet et al, 2021) Other examples are peer-on-peer abuse, commonly manifested as cyberbullying (ehman & Gross, 2019), adverse effects on mental health (including eating disorders and self-harm) (Gutberlet, 2019), and an increase in sexual risk-taking behaviors (Ybarra and Mitchell, 2014) Furthermore, there is the looming risk of criminalisation, as the act of sharing nudes by a minor is considered a criminal offense under english and Welsh law (Gov.uk, 2020).

tHE unExPlorEd ContExt oF SHarIng nudES

It is crucial to underscore the challenge of interpreting the context surrounding the creation and dissemination of ‘self-generated’ indecent

imagery, as indicated by the alarming data provided by the IWF these figures, which shed light on the sheer volume of such imagery, do not offer insights into the circumstances under which these images are produced and shared While some instances may involve consensual exchanges between adolescents aiming to foster greater intimacy, it ’s equally plausible that these images are a result of exploitation, coercion, blackmail, or grooming ( Joleby, M , et al , 2021)

the introduction of the offense of sexual communication with a child in 2017 marks a significant legal milestone however, offences have surged by 82% since the implementation of this legislation (Nspcc, 2023) specifically, grooming offences are prevalent on specific platforms, with 26% occurring on snapchat and 47% on Meta-owned platforms such as Facebook, Instagram, and Whatsapp. Nevertheless, these statistics likely fall short of capturing the true extent of the issue, as many incidents go unreported for various reasons

SuPPortIng adolESCEntS: CItIzEnSHIP aPProaCH

addressing the complexities of supporting adolescents who have shared explicit images and are dealing with the repercussions, entails navigating significant challenges. a primary obstacle lies in the widespread lack of comprehension among adults regarding this technology-driven phenomenon (aldvury, 2017) adolescents often hesitate to come forward and disclose their experiences due to several factors: the fear of facing consequences from adults, including parents, guardians, teachers, and law enforcement (Van Ouytsel et al, 2014); feelings of shame (Naezer and van Oosterhout, 2021); and a perceived lack of trustworthy individuals with whom they can safely confide ( Jensen, et al 2005) conversely, instances of negative and even abusive encounters are frequently shared among peers rather than being disclosed to adults (Yeo and chu, 2017) promoting a strategy of digital citizenship, where adolescents are empowered to communicate with adults on behalf of their friends, has proven to be an effective approach (Green, 2020) this encourages a supportive environment whilst facilitating the solicitation of help, ensuring that appropriate support measures are initiated

embracing a digital citizenship approach goes beyond intervention; it creates a channel for obtaining additional information about the contextual details surrounding the incident adolescents may be more reluctant to disclose such information independently, making this collaborative approach invaluable this broader understanding becomes particularly crucial when addressing sensitive contexts like exploitation, grooming, or instances of peer-on-peer abuse encouraging open communication through digital citizenship aids in immediate problem-solving and lays the groundwork for creating a safer and more informed digital environment for adolescents.

r E F E r E n C E S

adell, F , 2023 sexting as a Form of sexual expression or part of the continuum of sexual exploitation

arthur, R , 2019 Regulating youth sexuality, agency and citizenship: developing a coherent criminal justice response to youth sexting King’s Law Journal, 30(3), pp 377-395

Bradbury, p (Forthcoming 2024) Outcome 21: an evaluation of policy and practice in response to Youth produced sexual Imagery Offences perpetrated in england & Wales Middlesex University London

Dingli, a and seychell, D , 2015 the new digital natives JB Metzler: Stuttgart, Germany

Doyle, c , Douglas, e and O’Reilly, G , 2021 the outcomes of sexting for children and adolescents: a systematic review of the literature Journal of adolescence, 92, pp 86-113

ehman, a c and Gross, a M , 2019 sexual cyberbullying: Review, critique, & future directions Aggression and violent behavior, 44, pp 80-87

Goblet, M and Glowacz, F , 2021 slut shaming in adolescence: a violence against girls and its impact on their health International journal of environmental research and public health, 18(12), p 6657

Green, L , 2020 confident, capable and world changing: teenagers and digital citizenship communication research and practice, 6(1), pp 6-19

Gutberlet, t , 2019 Is sharing nude content a problematic behavior? selfmade sexually explicit pictures, gendered risks of harm, and online victimization Journal of Research in Gender Studies, 9(2), pp 57-63

Internet Watch Foundation (2022) annual Report 2022 Retrieved from https://annualreport2022 iwf org uk/ ?gclid=CjwKCAiAzJOtBhALEiwAtwj8tj LMswF 1YCxrVwPBwkWFlzDNGcshG 6MHRFcxCXHrMEuoF1zdgr9LxoCs04 QAvD BwE

Jensen, t K , Gulbrandsen, W , Mossige, s , Reichelt, s and tjersland, O a , 2005 Reporting possible sexual abuse: a qualitative study on children s perspectives and the context for disclosure child abuse & neglect, 29(12), pp 1395-1413

Joleby, M , Lunde, c , Landström, s and Jonsson, L s , 2021 Offender strategies for engaging children in online sexual activity Child Abuse & Neglect, 120, p 105214

Lever, J , Grov, c , Royce, t and Gillespie, B J , 2008 searching for love in all the “write” places: exploring Internet personals use by sexual orientation, gender, and age International Journal of Sexual Health, 20(4), pp 233-246

Lever, J , Grov, c , Royce, t and Gillespie, B J , 2008 searching for love in all the “write” places: exploring Internet personals use by sexual orientation, gender, and age International Journal of Sexual Health, 20(4), pp 233-246

Martellozzo, e , Monaghan, a , adler, J R , Davidson, J , Leyva, R and horvath, M a , 2016 “ I wasn’t sure it was normal to watch it ” a quantitative and qualitative examination of the impact of online pornography on the values, attitudes, beliefs and behaviours of children and young people

Mori, c , park, J , Racine, N , Ganshorn, h , hartwick, c and Madigan, s , 2023 exposure to sexual content and problematic sexual behaviors in children and adolescents: a systematic review and meta-analysis Child Abuse & Neglect, 143, p 106255

Naezer, M and van Oosterhout, L , 2021 Only sluts love sexting: Youth, sexual norms and non-consensual sharing of digital sexual images Journal of Gender Studies, 30(1), pp 79-90

Nspcc (2023) 82% rise in online grooming crimes against children in the last 5 years Retrieved from https://www nspcc org uk/aboutus/news-opinion/2023/2023-08-1482-rise-in-online-grooming-crimes-ag ainst-children-in-the-last-5-years/

pew Research centre (2020) children’s engagement with digital devices, screen time Retrieved from https://www.pewresearch.org/intern et/2020/07/28/childrensengagement-with-digital-devicesscreen-time/

iRhyner, K J , Uhl, c a and terrance, c a , 2018 are teens being unfairly punished? applying the dual systems model of adolescent risk-taking to sexting among adolescents Youth justice, 18(1), pp 52-66

setty, e , Ringrose, J and Regehr, K , 2022 Digital sexual violence and the gendered constraints of consent in youth image sharing Rape: A Challenge to Contemporary Thinking 10 Years On; Horvarth, M , Brown, J , Eds

stoilova, M , Livingstone, s and Khazbak, R , 2021 Investigating Risks and Opportunities for children in a Digital World: a rapid review of the evidence on children’s internet use and outcomes

thorhauge, a M and Bonitz, M , 2020 Friends, lovers, risk and intimacy: Risktaking as a socially meaningful practice MedieKultur: Journal of media and communication research, 36(67), pp 037-054

Van Ouytsel, J , Walrave, M and Van Gool, e , 2014 sexting: Between thrill and fear how schools can respond The Clearing House: A Journal of Educational Strategies, Issues and Ideas, 87(5), pp 204-212

Wang, Q , Myers, M D and sundaram, D , 2013 Digital natives and digital immigrants: towards a model of digital fluency Wirtschaftsinformatik, 55, pp 409-420

Wright, p J , herbenick, D , paul, B and tokunaga, R s , 2021 exploratory findings on Us adolescents’ pornography use, dominant behavior, and sexual satisfaction International Journal of sexual health, 33(2), pp 222228

Ybarra, M L and Mitchell, K J , 2014 “sexting” and its relation to sexual activity and sexual risk behavior in a national survey of adolescents Journal of adolescent health, 55(6), pp 757-764

KARL HOPWOOD - E-SAFETY EXPERT

He is a member of UKCCIS (UK Council for Child Internet Safety) and sits on the advisory board for the new UK Safer Internet Centre Karl has worked for a number of key players in the UK and abroad including CEOP (Child Exploitation and Online Protection Centre), BECTA (British Educational and Communications Technology Agency), the European Commission and several Local Authorities within the UK As an ex headteacher, he continues to work closely with children, young people, parents and teachers to develop safer online behaviours and the promotion of digital literacy Karl works closely with the Boarding Schools’ Association and supports many of their schools He is also an in-house consultant for INSAFE which is the coordinating node of the EU safer internet programme

Safeguarding in the Context of Artificial Intelligence.

those involved in education are all too aware of the rapid advancements in technology but during 2023 we witnessed the rise of chat Gpt and an array of services that have started to integrate artificial intelligence into their platforms.

Much of the media coverage around technology tends to focus on the risks and challenges but it is important to recognise the huge potential benefits that aI can offer a recent study1 found that artificial intelligence was 82% accurate when employed in the grading the aggressiveness of a rare form of cancer as compared with only 44% using lab analysis It has the capacity to dramatically reduce the amount of time needed to undertake a range of tasks clearly aI can help teachers to work more efficiently e g creating lesson plans, prompts for discussions based on a Youtube video or marking essay and exam scripts and more

the UK government has an office for artificial intelligence2 which sits within the Department for science, Innovation and technology (DsIt) and is responsible for overseeing the implementation of the National aI strategy On October 26th, 2023, the prime Minister gave a speech on aI3 and alongside the clear benefits noted that; criminals could exploit AI for cyber-attacks, disinformation, fraud, or even child sexual abuse’

the suggestion was that these potential dangers were something that we could see in the future if we get this wrong

In October 2023, the Internet Watch Foundation published a report4 titled How AI is being abused to create child sexual abuse imagery the report looked at text-to-image technology where a user can type in a description of what they would like to see and then wait for the software to generate the image It notes that the technology is fast and accurate and that AI images can be so convincing that they are indistinguishable from real images. the report states:

• Over 20,000 aI generated images were found to have been posted to one dark web csaM (child sexual abuse material) forum in a one-month period

• Of these images, over 11,000 were selected for assessment by IWF analysts

• 12 analysts spent a combined total of 87 5 hours assessing these aI generated images

• Over 2,500 images were assessed as criminal pseudo-photographs and over 400 as criminal prohibited images

the report also makes the point that perpetrators can legally download everything they need to generate these images and that various tools exist for improving and editing images until they look exactly like the perpetrator wants

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Baroness Beeban Kidron5 noted that it is a great omission that the needs of children are not front and centre of the AI summit but have been pushed to the fringes

so what does all of this mean for pupils and staff in our schools today ? What impact is aI already having?

at the beginning of the autumn term the mainstream media reported that a town in spain had been shocked that a group of 12–14-year-old boys had used aI to create naked images of girls that they knew and went to school with they fed in clothed images of these girls that they had found on their social media sites and the app removed the clothing with very realistic results some of these girls were scared to tell anyone what had happened, fearing that they would not be believed, another was blackmailed Up until this point media coverage had focused on stories of celebrities being the victims of this type of aI generated content but unfortunately the apps that can create the content are readily available and their use is becoming more and more widespread In November reports that

‘children in British schools were using AI to create indecent images of other children’ appeared with emma hardy from the IWF stating that the images were terrifyingly realistic ’

a member of staff in a school at the end of the autumn term commented that some of the boys in her school would think that it was funny to experiment with apps like these and said it would only be a matter of time before pupils or staff became victims

In December 2023 one of the largest machine learning datasets which was used by many major aI products was removed by the organisation that created it after it was discovered that they contained over 3,000 suspected instances of child sexual abuse material the dataset will be checked

to ensure that they are “safe” before they are republished

Baroness Kidron’s comments are well-made In an effort to be the first to adopt aI, to integrate aI tools into their products, not enough consideration has been given as to the potential risks and harms that could result have we given consent for publicly available images from school websites or social media to be used in aI training datasets? are we able to revoke permissions after the fact?

We need to empower children and young people, to give them agency when they are using some of these new tools and features Understanding what they are using and supporting them to consider the risks and benefits is crucial but of course to do that staff need to feel confident or at least know where they can get advice, guidance, and support Not easy in such a rapidly changing environment Many young people use snapchat and found that they were presented with a feature called My aI in april of 2023 they are not able to remove the chatbot unless they pay for the subscription service (snapchat plus) Within the terms and conditions for the app (which most will not have read) it states:

WHat data IS SHarEd WItH My aI and HoW IS It uSEd?

Content shared with My AI, including your location if you’ve shared that with Snapchat, will be used by My AI to provide relevant and useful responses to your requests, including nearby place recommendations Your data may also be used by Snap to improve Snap’s product and personalise your experience, including ads

snapchat do allow their users to remove data that is currently held by their aI chatbot My aI6 but many users aren’t aware of this option or even that their data may be being stored and used It is also clear from conversations with young people that they have shared some very personal and, in some cases, intimate information for example about

health or sexuality, with My aI and other chatbots, never realising that their personal information could be used to train and improve the aI.

the tech companies must do more to ensure transparency about their products and services and user safety needs to be built in at the design phase the Online safety act and the Digital services act will hopefully help with this education is also an important part of the solution the south West Grid for Learning (part of the UK safer Internet centre) already provide information and guidance around aI7 and there is an increasing amount of content available to support teachers with significant funding promised from government too8 Discussing these issues openly with pupils and staff in a balanced way is important and something that every school should be embracing the risks and opportunities are already here and here to stay, so we need to act now.

ADAM MCRAE-TAYLOR - LEGAL DIRECTOR FOR INDEPENDENT SCHOOLS AT MOORE BARLOW

Adam McRae-Taylor is Legal Director for Independent Schools at Moore Barlow Adam specialises in employment and education law and advise on issues such as unfair dismissal, discrimination cases, safeguarding, parent contracts and data protection issues including in relation to the GDPR His approach is to work with schools and charities to ensure that they are managing their staff fairly and lawfully, as a happy workforce This not only helps an organisation thrive and grow, but also prevents managers from being distracted by disputes Where contentious issues do arise, he is experienced in employment tribunal litigation and he regularly advises on employment claims such as unfair dismissal, whistleblowing and discrimination

He trained and qualified in employment law with a Magic Circle firm in London Before joining the Schools & Charities Team at Moore Barlow LLP (formerly Barlow Robbins LLP), he spent two years working in-house for a charity which gave him an invaluable perspective on how to provide practical advice on the issues charities commonly face

Safeguarding Vulnerable Children –3 Areas of Focus in 2024

It is well established that children with special educational needs and disabilities (seND) are especially vulnerable to abuse. For various reasons seND children can be particularly exposed to safeguarding issues, whether that is because of additional communication needs, being reliant on others for support or not understanding that what is happening to them is abuse

Dfe data shows that one in five independent school pupils have a form of seND. In our experience parents sometimes opt for independent education because of their child’s seND and their belief that the independent setting will provide the best support and opportunities for their child

Over the years, updated versions of Keeping children safe In education (KcsIe) have included more and more references to seND the most recent update to Working together to safeguard children (December 2023) has also bolstered references to seND

In this article we explore three current areas of focus for safeguarding vulnerable children with seND

CoMMunICatIon WItH VulnErablE CHIldrEn

children with seND (including neurodiverse children in particular) may struggle to communicate that they are experiencing abuse, or may not even be aware that they are It is important that not only the special educational Needs and Disabilities coordinator (seNDcO) but the other teachers in schools are aware of how each seND child in their school communicates, and how this can differ even amongst children with a similar seND profile. It is also important for schools not to have set expectations on how children with particular disabilities or vulnerabilities should report concerns or problems to teachers, but instead to be flexible and willing to adapt not only expectations but also policies and procedures based on the needs of the particular child Failure to do so could lead to circumstances where a child is unable to report safeguarding concerns

In some schools there currently appears to be a lack of good training on how to effectively communicate with seND children, whether diagnosed or undiagnosed anecdotally, there may still be an expectation that, because a child looks like a “normal” 12-year-old, they should communicate as such this attitude would fail to acknowledge that seND children do not have identical needs, and would also fail to consider the

variety of communication challenges they face, especially those challenges faced by neurodiverse children a growing awareness of the particular communication needs of seND children also challenges perceptions of the role of the seNDcO traditionally, the seNDcO’s job was to write and implement the school’s special educational Needs and Disabilities (seND) policy, as well as liaise with staff, parents/carers, external agencies and other appropriate professionals on the educational needs of a child however, the role of the seNDcO appears to be moving beyond educational support and interventions seNDcOs are now more frequently providing seND children with pastoral support as well and are also expected to be the “regulated adult” where a child has become dysregulated in a class

the Nspcc has suggested that Relationships and sex education is not being made sufficiently accessible for children with seND It also observes that injuries from self-harm or abuse or changes in a child’s behaviour or mood can easily be mistaken for symptoms of a child’s seND rather than being a red flag for a safeguarding concern

While educational and pastoral interventions may sit with the seNDcO, we should never overlook the fact that the safeguarding of all children, including those with seND, is the responsibility of everyone in the school

EMbEddIng SEnd aCroSS all SCHool PolICIES

Whilst most schools have a well thought through seND policy, we increasingly see issues where seND matters have not been considered in other policies, most specifically the Behaviour policy and the attendance policy all school policies should be written with the children in that particular school in mind, considering a variety of existing and potential

seND conditions amongst the pupil body Where policies such as the Behaviour policy and the attendance policy are too strictly followed, this could put seND children at increased risk For instance, a seND child may miss school when dysregulated or for other legitimate reasons related to their disability. If the attendance policy fails to accommodate this, then seND children and their parents will face a disproportionate risk of sanction schools should also take care when executing their Behavioural policy, particularly when disciplining seND children sometimes behaviour is communication and children present in certain ways as a method of communicating that something is wrong Under the equality act 2010, schools are required to make reasonable adjustments for disabled pupils this duty applies in the context of temporary and permanent exclusions and any other disciplinary sanctions

Furthermore, under the children and Families act 2014, “governing boards of relevant settings must use their ‘best endeavours’ to ensure the appropriate special educational provision is made for pupils with SEN, which will include any support in relation to behaviour management that they need because of their SEN” schools should always take a child’s individual needs and vulnerabilities into account when enforcing their behaviour policy this is particularly important when dealing with safeguarding incidents, even where a seND child is the perpetrator as far as possible, schools should avoid excluding seND children. exclusion may place these children at greater risk and lead to possible school refusal seND tribunal decisions have shown that schools have a duty to first consider what adjustments and additional support may be required in respect of any seND before moving to exclusion a failure to do so would likely result in a finding of disability discrimination

onlInE aCtIVIty oF SEn CHIldrEn

For many seND children, face-to-face interactions can be overwhelming particularly if they struggle to interpret subtleties of speech, facial expressions or body language sometimes children may turn to the online world to interact and make friends these children are already more likely to be the victim of bullying and the risk is only increased online as they may:

• struggle to understand the difference between fact and fiction in online content;

• not understand that certain content, behaviours and activities are acceptable in an online game but not acceptable within the real world or in school; and/or

• act without understanding the consequences of their actions – for example, online perpetrators deliberately target seND children due to their often trusting nature and as such will convince or incite these children to engage in inappropriate or dangerous behaviour, particularly the sending and sharing of nudes, as well as radicalisation.

What does this mean for schools? Under Keeping children safe in education (KcsIe), “all staff have a responsibility to provide a safe environment in which children can learn”, including online It is a difficult balance between protecting children and supporting children in managing their own risks

KcsIe states “Whilst it is essential that governing bodies and proprietors ensure that appropriate filtering and monitoring systems are in place, they should be careful that “ over blocking” does not lead to unreasonable restrictions as to what children can be taught with regard to online teaching and safeguarding”

children, especially in secondary school, are at a time when they are developing critical thinking skills and it is important to teach in a way that isn’t

prohibitive, but instead allows the child to think critically and decide for themselves When reviewing their filtering and monitoring policies and practices, schools should weigh up the safeguarding risks with the proportionality of the cost of updating their systems

In respect of school culture, schools should ensure online safety is a “running and interrelated theme” in not only their policies and procedures, but also throughout the curriculum Keeping an open dialogue and discussing online risks regularly at school will help to create an environment of openness and will help raise children’s awareness of risks In particular, schools should ensure that their phse curriculum includes online sexual activity, which will of course need to be age and stage of development appropriate sensitivity must be at the forefront as discussing these topics can be triggering for children who have had negative experiences online, particularly for seND children who already have a heightened level of vulnerability.

CoMMEnt

It must surely be a good thing that, over time, safeguarding guidance is placing a greater emphasis on the heightened risks for children with seND however, we should not forget that the guidance sets a minimum requirement and it is usually possible to do more

We are frequently asked to advise in situations where things have gone wrong and seND and safeguarding overlap the seNDcO and DsL will always have a more detailed knowledge and experience and will take a leadership role, but all staff must understand and be mindful of these important issues to avoid problems arising in the first place

“All staf responsibility safe enviro which childre

ff have a

y to provide a onment in

can learn”

Safeguarding neurodivergent children: A call to professionals

abStraCt

this invited commentary paper provides an argument for more detailed safeguarding of neurodivergent children commencing with a brief overview on safeguarding vulnerable children, it proceeds to discuss neurodiversity and neurodivergent conditions, with a focus on autism spectrum conditions (asc), attention deficit hyperactivity disorder (aDhD) and fetal alcohol spectrum disorders (FasD) the paper identifies the need for a more nuanced and personalised safeguarding response to young people and highlights the need for more primary research to explore the safeguarding needs of neurodivergent individuals, especially children

IntroduCtIon

the care Quality commission (cQc, 2022 pg 1) defines safeguarding as “protecting people's health, wellbeing, and human rights, and enabling them to live free from harm, abuse, and neglect ” enshrined within international conventions and local legislations is the need for the safeguarding of individuals, who may be vulnerable to harm and persecution some of these international/local conventions and legislations amongst several others include the United Nations convention on the Rights of the child (UNcRc) (United Nations, 1989), the children act (1989), the Mental capacity act (2005) and the care act (2014)

It is crucial that any society has the necessary frameworks, systems and legislation to keep its children safe and to effectively safeguard them (Davies & Ward, 2012) children need, deserve, and are entitled to protection; to the identification of circumstances that may pose a risk of significant harm; and to the recognition of abuse when it has occurred In addition, to keep children safe from different forms of abuse and harm, there also exists the need for the provision of supportive environments which would foster their wellbeing. While the vulnerabilities of children to harm may be related to cognitive developmental status, several factors may be implicated in the vulnerabilities of children to abuse and harm For example, in addition to the nexus of factors which may predispose children to harm, research currently highlights neurodivergence as a potential source of vulnerability (allely, 2022; Day, 2022; Mukherjee et al , 2023)

Neurodivergence generally refers to the recognition of the uniqueness of the neurodevelopmental status of individuals (Kirby, 2021) Neurodivergence is mostly considered in terms of neurodivergent conditions which infer the peculiarity of cognitive processes including due to the presence of neurodevelopmental disorders

DR DAVID JUNIOR GILBERT - INTERDISCIPLINARY

RESEARCHER AND UNIVERSITY FELLOW IN THE SCHOOL OF HEALTH AND SOCIETY, AT THE UNIVERSITY OF SALFORD

Dr Gilbert’s PhD research focused on investigating the vulnerabilities of individuals with fetal alcohol spectrum disorders (FASD) to, and within the justice system FASD is a condition that impacts individuals exposed to alcohol in the womb Some of the vulnerabilities Gilbert has researched include impulsivity, interrogative suggestibility, executive function, compliance, and confabulation in the FASD population For his University fellowship, Gilbert is working to investigate these vulnerabilities further, within the UK and internationally Gilbert is passionate about increasing the knowledge, understanding and awareness surrounding the vulnerabilities of individuals with FASD to, and within criminal justice system (CJS) encounters

DR ANNE-MARIE DAY - CRIMINOLOGY LECTURER AT MANCHESTER METROPOLITAN UNIVERSITY

She has conducted research on children in care ’ s experiences of the youth justice system, and more recently this has been focused on the custodial estate Anne-Marie is currently working on a number of research projects covering areas including racial disparity in youth justice diversion; the experiences of neurodivergent children in the youth justice system; and resettlement of children from custody AnneMarie also has many years ’ experience as a practitioner and policy maker within criminal justice She is a qualified Probation Officer, and has worked in the community, courts and prison Anne-Marie has also worked as a youth justice manager and for the Youth Justice Board as a Senior Policy Adviser Currently, Anne-Marie is also a board member on the Alliance for Youth Justice and is an expert adviser to the Howard League, the Youth Justice Board, Cheshire Youth Justice Service, and the Home Office

aSC, adHd, FaSd – SaFEguardIng IntErVEntIonS and VulnErabIlItIES

asc defines a neurodivergent condition characterised by unique differences in social behaviour and/or communication (american psychiatric association [apa], 2013) the existence of asD as a spectrum highlights the variation in behavioural presentations which may range from mild to severe the severity of presentation may also impact the susceptibility of individuals with asD to exploitation (al-attar, 2021) safeguarding interventions that may prove useful for individuals with asD include but are not limited to the provision of structured environments, communication skills interventions, facial expression recognition interventions and eye-hand integration amongst several others (Lindgren & Doobay, 2011; Ospina et al , 2008)

aDhD is a neurodevelopmental condition that may present as unique differences in the ability of individuals to sustain attention, control their impulses and cause hyperactivity (american psychiatric association [apa], 2013) these marked differences in individuals with aDhD may in some

cases, result in significant rates of criminal justice encounters (Young & cocallis, 2021; Young et al , 2015) Organisation-skills interventions and cognitive behavioural modification interventions are suggested as strategies employable to promote the wellbeing of individuals with aDhD (Faraone & antshel, 2014; Langberg et al , 2008; Miranda et al , 2006) In addition, pharmacological interventions are often offered to children with this condition (pozzi et al , 2020)

Fetal alcohol spectrum disorders (FasD) refer to a range of neurodevelopmental disorders resulting from the prenatal exposure of a fetus to alcohol (hoyme et al , 2016) FasD is characterised by irreversible physical, cognitive and sometimes, behavioural impairments (hoyme et al , 2016) Due to the impairments (from the teratogenic effects of alcohol) evidenced in individuals with FasD, they are considered a vulnerable population some of the vulnerabilities identified in this population include impulsivity, low executive functioning, poor adaptive functioning, suggestibility, and compliance (Gilbert et al , 2024; Mattson et al , 2013; Rasmussen et al , 2011) Without early interventions, the identified

CLARE S. ALLELY - PROFESSOR OF FORENSIC PSYCHOLOGY

AT THE UNIVERSITY OF SALFORD IN ENGLAND AND IS AN AFFILIATE MEMBER OF THE GILLBERG NEUROPSYCHIATRY CENTRE AT GOTHENBURG UNIVERSITY,

SWEDEN

Clare is an Honorary Research Fellow in the College of Medical, Veterinary and Life Sciences affiliated to the Institute of Health and Wellbeing at the University of Glasgow Clare acts as an expert witness in criminal cases involving defendants with autism spectrum disorder and contributes to the evidence base used in the courts on psychology and legal issues through her published work She is author of the book “The Psychology of Extreme Violence: A Case Study Approach to Serial Homicide, Mass Shooting, School Shooting and Lone-actor Terrorism” published by Routledge in 2020 and author of the book “Autism Spectrum Disorder in the Criminal Justice System: A Guide to Understanding Suspects, Defendants and Offenders with Autism” published by Routledge in 2022

PROFESSOR (DR) ANDREW ROWLAND - CONSULTANT PAEDIATRICIAN IN THE NORTHWEST OF ENGLAND

Professor (Dr) Andrew Rowland has been a Consultant Paediatrician in the Northwest of England for almost 15 years, and Honorary Professor at the University of Salford for over a decade Andrew’s interests lie in humanitarian child protection, children’s advocacy, and children’s rights law Andrew holds a prestigious Fellowship of the Churchill Fellowship (formerly Winston Churchill Memorial Trust), Senior Fellowship of the Faculty of Medical Leadership and Management, Fellowship of the Royal College of Emergency Medicine, Fellowship of the Academy of Medical Educators His doctoral thesis was about building child safe communities with happy, healthy, and safe children and young people at their hearts, with an over-arching theme of children’s advocacy, health, and law

vulnerabilities may lead to secondary outcomes such as school exclusion, mental ill health, criminal justice encounters, suicide, and other adverse outcomes (Burns et al , 2021; streissguth et al , 2004)

rESEarCH gaPS and FuturE dIrECtIonS

the safeguarding of children is a shared responsibility for all professionals and society generally ( Jack & Gill, 2010) there is an identified need to improve the safeguarding approaches to neurodivergent in children in a tailored manner such safeguarding approaches will provide a foundation to reduce the prevalence of secondary outcomes that impact children with neurodivergent conditions

there is also a dearth of empirical research within this area additional research evidence on the safeguarding needs of children with neurodevelopmental disorders will provide useful insight for professionals to develop suitable interventions For example, using exploratory or quantitative approaches, professionals may be provided with the necessary primary data to inform

early identification, recognition and the development of targeted interventions Furthermore, additional research will provide the basis for the prevention of secondary outcomes in neurodivergent children

r E F E r E n C E S

al-attar, Z (2021) autism spectrum disorders and terrorism: how different features of autism can contextualise vulnerability and resilience In Violent Extremism (pp 121-144) Routledge

allely, c s (2022) Autism spectrum disorder in the criminal justice System: A guide to understanding suspects, defendants and offenders with autism Routledge

Burns, J , Badry, D e , harding, K D , Roberts, N , Unsworth, K , & cook, J L (2021) comparing outcomes of children and youth with fetal alcohol spectrum disorder (FasD) in the child welfare system to those in other living situations in canada: Results from the canadian National FasD Database Child: Care, Health and Development, 47(1), 77-84

Davies, c , & Ward, h (2012)

Safeguarding children across services: Messages from research Jessica Kingsley publishers

Day, a -M (2022) Disabling and criminalising systems? Understanding the experiences and challenges facing incarcerated, neurodivergent children in the education and youth justice systems in england Forensic Science International: Mind and Law, 3, 100102 Den houting, J (2019) Neurodiversity: an insider ’s perspective Autism, 23(2), 271-273

Faraone, s V , & antshel, K M (2014) aDhD: Non-pharmacologic interventions Child and Adolescent Psychiatric Clinics, 23(4), xiii-xiv

Gilbert, D J , allely, c s , Gudjonsson, G , Mukherjee, R a s , & cook, p a (2024)

Immediate and repeat interrogative suggestibility in a sample of adolescents with fetal alcohol spectrum disorder Diversity & Inclusion Research, 1(1), e12007

hoyme, h e , Kalberg, W O , elliott, a J , Blankenship, J , Buckley, D , Marais, a -s , Manning, M a , Robinson, L K , adam, M p , & abdul-Rahman, O (2016)

Updated clinical guidelines for diagnosing fetal alcohol spectrum disorders Pediatrics, 138(2), e20154256

Jack, G , & Gill, O (2010) the role of communities in safeguarding children and young people Child Abuse Review: Journal of the British Association for the Study and Prevention of Child Abuse and Neglect, 19(2), 82-96

Kirby, a (2021) Neurodiversity a Wholechild approach for Youth Justice HM Inspectorate of Probation: Manchester, UK

Langberg, J M , epstein, J N , & Graham, a J (2008) Organizational-skills interventions in the treatment of aDhD Expert review of neurotherapeutics, 8(10), 1549-1561

Lindgren, s , & Doobay, a (2011) evidence-based interventions for autism spectrum disorders The University of Iowa, Iowa, 206-201 Mattson, s N , Roesch, s c , Glass, L , Deweese, B N , coles, c D , Kable, J a , May, p a , Kalberg, W O , sowell, e R , & adnams, c M (2013) Further development of a neurobehavioral profile of fetal alcohol spectrum disorders Alcoholism: Clinical and Experimental Research, 37(3), 517-528 Miranda, a , Jarque, s , & tarraga, R (2006) Interventions in school settings for students with aDhD Exceptionality, 14(1), 35-52

Mukherjee, R , cook, p a , Gilbert, D , & allely, c s (2023) Overview of Offenders with Fetal alcohol spectrum Disorders Forensic Aspects of Neurodevelopmental Disorders: A Clinician's Guide, 84

Ospina, M B , Krebs seida, J , clark, B , Karkhaneh, M , hartling, L , tjosvold, L , Vandermeer, B , & smith, V (2008) Behavioural and developmental interventions for autism spectrum disorder: a clinical systematic review PloS one, 3(11), e3755

popova, s , Lange, s , shield, K , Burd, L , & Rehm, J (2019) prevalence of fetal alcohol spectrum disorder among special subpopulations: a systematic review and meta analysis Addiction pozzi M, Bertella s, Gatti e, peeters GG, carnovale c, Zambrano s, Nobile M emerging drugs for the treatment of attention-deficit hyperactivity disorder (aDhD) expert Opinion on emerging Drugs 2020 Oct 1;25(4):395-407

i

Rasmussen, c , soleimani, M , & pei, J (2011) executive functioning and working memory deficits on the caNtaB® among children with prenatal alcohol exposure Journal of Population Therapeutics and Clinical Pharmacology, 18(1)

streissguth, a p , Bookstein, F L , Barr, h M , sampson, p D , O'Malley, K , & Young, J K (2004) Risk factors for adverse life outcomes in fetal alcohol syndrome and fetal alcohol effects Journal of Developmental & Behavioral Pediatrics, 25(4), 228-238

thapar, a , cooper, M , & Rutter, M (2017) Neurodevelopmental disorders The Lancet Psychiatry, 4(4), 339-346

Young, s , & cocallis, K (2021) aDhD and offending Journal of Neural Transmission, 128, 1009-1019

Young, s , Moss, D , sedgwick, O , Fridman, M , & hodgkins, p (2015) a meta-analysis of the prevalence of attention deficit hyperactivity disorder in incarcerated populations Psychological Medicine, 45(2), 247-258

DAVID SMELLIE - HEAD OF SAFEGUARDING UNIT, FARRER & CO

David for many years headed the firm’s employment team and schools group, and today, whilst remaining a key member of both, he separately leads the firm’s market leading safeguarding unit

In advising schools David focuses on issues relating to staff, pupils and parents – from sensitive dismissals to pupil exclusions and parental complaints David’s leadership of the safeguarding unit stems from many years of advising schools on safeguarding and child protection He founded the firm’s safeguarding unit in 2015 which advises organisations either working or coming into contact with children These include schools, universities, charities, churches and religious organisations, visitor attractions, sports clubs and the medical sector David advises on the full range of safeguarding issues, from creating safer systems to handling live cases and carrying out retrospective reviews He is particularly well known for his role in advising on the Southbank International Vahey case where he led the Farrer & Co team in conducting the Independent Review of Hugh Davies QC and in advising Chelsea FC on its independent reviews of non-recent child sexual abuse, current safeguarding systems, and non-recent racial abuse

Analysing child on child abuse cases.

there is a limit to the detail which I can provide on how to analyse child-on-child abuse cases within this article But, I am at least going to attempt to provide a headline view and can steer readers to our child on child abuse toolkit (see link) which contains a great deal of relevant detail

IdEntIFy tHE naturE oF tHE abuSE

child on child abuse comes in many forms –physical, emotional and online It can include bullying, harmful sexual behaviour, child criminal exploitation, child sexual exploitation, hate incidents, coercive control, initiation or similar rituals, economic abuse amongst other things categorising the nature of the abuse is however less important than capturing all the elements of the abuse and the impact which it is having on the child/children

PlaCIng ConduCt on a ContInuuM

abusive behaviour occurs on a continuum from inappropriate behaviour, through problematic, abusive to violent consult our toolkit and use the continuum there to attempt to place the behaviour which you are looking at on it Doing so will help you to gauge your level of response

MatCHIng your rESPonSE to tHE bEHaVIour

as a general rule the higher up the continuum you have placed the behaviour the more serious your organisational response should be physically violent sexual abuse will merit referral to the police and children’s services, as well as potentially to other regulators Inappropriate or problematic behaviour may by contrast merit internal handling potentially combined with early help referrals

rISk aSSESSMEnt

as soon as you have identified the nature of the concern and placed it on a continuum you will want to carry out a risk assessment all children involved (whether as victims or otherwise) in the abusive behaviour are likely to require protection from risk What are the risks they face, how likely and how serious are those risks, what measures can be put in place to mitigate those risks and who will own what actions? Risks change over time, so risk assessment needs to be dynamic and reviewed as risks change

SaFEty PlannIng

It will be common for the organisation to be left in the care of children who may be at risk, and who may even be at risk from each other a safety plan is a more detailed and individual form of risk assessment In relation to the individual child identify all relevant factors including previous history, their family and friends, their own views, and other behavioural concerns Identify any known triggers for risk, any risky locations or activities, and any other children who may be vulnerable. consider the protective factors in play – safe locations, supportive relationships, the child’s own attributes and activities they enjoy Develop your strategies to support the child having taken all these factors into account – and decide how frequently you will monitor progress

notIFyIng tHIrd PartIES

Important checkpoints are to consider whether you have met your various notification obligations –Mash, LaDO, police, charity commission, IsI, Bsa, insurers are some of the potential third parties you need to have considered In child-on-child abuse cases the question of informing parents will often arise where they have not previously been informed children can often be resistant to informing their parents, but at the same time parents (in most cases) are likely to be a strong protective factor but will only be able to act as such if they are alive to any risks

PolICE and CHIldrEn’S SErVICES

InVEStIgatIonS

Given that any criminal allegations will have been reported by you to the police, the possibility of a police investigation will always exist the probability, statistically, is that the child who is the victim of the conduct in question (or their parents) will object to any police involvement this will make a police investigation unlikely unless they have strong public policy reasons to investigate contrary to the wishes of the victim. thankfully it is becoming more common for children and young people to agree to police involvement – that must be a good thing given the lack of powers and experience of others to investigate sexual or other abusive crimes

dISCIPlInary ProCESSES

a common response on behalf of victims or their parents is to reject police involvement but demand school/organisational disciplinary action this will often present a real challenge for the organisation Where disciplinary rules have been broken it will be perfectly appropriate to take proportionate disciplinary action. however, this can only be done after any involvement of statutory agencies has concluded

MICHAEL SHEATH - SOCIAL WORKER AND PROBATION OFFICER, HAS A MASTER OF ARTS IN SOCIAL WORK, AND A CERTIFICATE OF QUALIFICATION IN SOCIAL WORK

During his 25 year tenure at LFF, Michael prepared some hundreds of ‘Expert Witness’ reports for Family Court proceedings, and delivered hundreds of days training to social workers, probation officers, and police officers He was involved in ‘whole community’ safeguarding assessments in a number of British Overseas Territories, including Pitcairn, and the Falkland Islands Michael has acted as ‘Staff Trainer’ for Europol’s ‘COSEC’ course for fifteen years, a 10 day course which trains police and prosecutors to investigate online sexual offences against children He is also responsible for the well being of students and trainers on the programme, and has delivered similar staff support training to civilian analysts in the Metropolitan Police

Michael is contracted to work with Europol, Cepol (The European Union police training centre, in Budapest), and INHOPE, which manages the activities of Hotlines dealing with indecent content on the Internet He is an Assistant Lecturer in Criminology at the University of Worcester He is the author of a play, now a book, ‘Crossing the Line’, which deals with issues relating to secondary harms and vicarious trauma in investigations related to the downloading of child sexual exploitation material

Safeguarding supervision in educational settings: it’s more than just a friendly chat.

Most dSls of my acquaintance did not begin their career in education with that role in mind Most wanted to explain pythagoras’ theorem, or describe an adverb accurately, or even explain the schleswig holstein question to gripped fifteen-year-olds, (good luck with that one, but I blame prussia ) even where the DsL has a substantial history in managing safeguarding strategies and issues as they emerge, there is little by way of training for the role In essence, supervisors may receive specialist training in the art and science of supervision, but supervisees may not: there may be a tendency to passivity, and a sense that the supervisor will provide the structure and direction for any supervisory session

What follows is a modest attempt to provide both supervisor and supervisee with a framework within which they can operate and meet both organisational and individual goals WB Yeats suggested, I think, that ‘metaphor provides pegs to hang the mood on’, and I would suggest we might begin by thinking of safeguarding issues as akin to a bundle of washing freshly extracted from the machine and dumped on the kitchen floor It is impossible, at one glance, to distinguish sock from trouser, shirt from vest. Imagine, then, a rotary clothes line upon which all the clothes are hung, separate and distinguishable, the socks in matching pairs, the shirts untangled I offer David Kolb’s ‘experiential Learning cycle’, as adapted for

‘safeguarding’ supervision by tony Morrison as a framework upon which one can hang the complexities of safeguarding discussions

Kolb describes four phases to any process of reflective practice, which is essentially what supervision ought to promote: concrete experience, reflective observation, abstract conceptualisation and active experimentation the passage of time, my practice and Morrison suggest we might refer to these phases, for our purposes, as being, feeling, thinking, and doing supervisors and supervisees might use the framework as a means of structuring their discussions about incidents, individuals, themes or policies the required discipline is that equal amounts of time need to be expended on each of the four phases again, experience suggests that most supervisors and most supervisees are more comfortable, or possibly more versed, in focusing upon one or two of the phases than the others this tendency can be shifted through practice

the ‘experience’ phase allows the supervisee to set out the issue as they see it this is effectively a report: What is the problem? What happened? Who said or did what? Let us imagine for a moment that the matter under discussion is an intervention regarding a child who consistently fails to attend school which requires a home visit the questions

P

and matters under discussion might include who was present in the home, what the home looked and even smelt like, how the resident parents responded, how they made the visitor feel, what happened? One issue, epiphenomenalism, must always be discussed: essentially what cannot be experienced with the five senses is often key: instinct and feeling in safeguarding are facilities that are often underexploited Listening is clearly a skill in counselling and safeguarding, but so is ‘noticing’, and an awareness of mood and nuance is a skill that can be built like a muscle

experience is followed by ‘reflection’, feeling. emotional literacy, which I would suggest here is the ability to identify and name emotions, is a necessary skill in safeguarding a discussion about feelings is not self-indulgent or a form of shoe gazing It is long established that we tend to regard people we like as capable of doing no harm, whereas we tend to amplify risk in people we dislike: instinct needs to be tempered on occasion Who we are, what we are, and what we have experienced has an impact upon our perception, and how we are perceived an older, white, english man who has adopted children and experienced bereavement might be seen and might see various issues through a different lens than a single, young, childless black woman who is the child of immigrants Neither is superior or inferior in the role, but their different perspectives and the

r E F E r E n C E S

i

David a Kolb experiential learning: experience as the source of learning and development prentice hall, 1983 tony Morrison staff supervision in social care pavilion publishing (Brighton) Ltd 1995

way they are perceived are all worth a discussion, at least

the ‘thinking’ phase allows time to consider the law, the regulations and the protocols which govern safeguarding. We need to act within the law and within our role Research can often provide counterintuitive perspectives or important connections and contributions that ought to influence decision making: ‘common sense’ perspectives may be entirely unhelpful and harmful the supervisor ’s role here is to be aware of the range of opinion and research that exists, and to offer an analytical perspective that ought to shape the discourse

Finally, to ‘doing’, lest supervision be a process characterised by analysis paralysis the supervision process ought to have considered the issue at hand, the supervisee’s perception of it, the feelings it evokes, and the legal or procedural context in which any decision needs to be taken this final phase provides a means by which priorities are discerned and the pros and cons of competing possibilities are identified the supervisor needs to provide clarity as to what needs to be done, and the supervisee needs to be provided clarity and confidence, and organisational blessing to do it

Whats on

To book onto any of our current events or those on the training calendar for 2024-2025 please visit Events | Sacpa S a C P a S

• sacpa advanced certificate in child safeguarding practice - Option 1 (4 study days) starts November 2024

• sacpa advanced certificate in child safeguarding practice - Option 2 (4 study days) - starts February 2025

S a C P a

• Mental health and safeguarding conference

• annual safeguarding conference

• harmful sexual behaviour conference

• Digital safeguarding conference

• safeguarding international students

• safer Organisations conference

• safer Recruitment consortium accredited safer Recruitment certificate

• Designated safeguarding Lead (DsL) Level 3 advanced certificate (2 Days)

• Designated safeguarding Lead (DsL) Level 3 certificate (1Day)

• Designated safeguarding Lead (DsL) Level 3 certificate for educational Guardians (1Day)

• Level 3 health and DsL certificate for school Nurses (1 Day)

• an Introduction to safeguarding Level 2 certificate

• safeguarding awareness Level 1 e-learning

• sacpa Group supervision 1 – Block of 6 starting september 2024

• sacpa Group supervision 1 – Block of 3 starting april 2025 o n E d a y S E M I n a r S

• harmful behaviour risk assessments

H a l F d a y S E M I n a r S

• sexual harassment & sexual Violence

• safeguarding considerations for summer school teams

• applying the safeguarding practitioner Information sharing Guidance

• Working with affluent Families: when neglect becomes a concern

• sextortion: lessons from the casefiles

W E b I n a r S

• compliance in safer Working practice

• Radicalisation and early identification

• e-safety compliance: keeping up with developments

• Managing the single central Register (scR)

• safeguarding Update for trustees and Management committees

• Managing allegations and Low-level concerns

• safeguarding and Mental health Risk assessment

• analysing child on child Incidents

• safeguarding in Online contexts

• safeguarding children with additional needs: the legalities of reasonable adjustment

• safeguarding in Online contexts

• Domestic and International trafficking

• simplifying online safety

• adolescent Development and Risk taking Behaviour

• Working with your LaDO: Best practice recommendations

• safeguarding and the Metaverse

• conducting safeguarding Incident Reviews

• Neurodiversity and safeguarding

• Keeping children safe in education 2025 Update + Box set

• Updating your safeguarding policy and staff code of conduct

• From self-harm to suicide

• MeMBeR FORUMs

• sacpa Members safeguarding practice Forum - Bi-monthly

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