Working with Sexually Active Young People under the Age of 18
Last updated: December 1, 2008
Table of Contents
1. Introduction and background
The recommendations from the Bichard Inquiry required a co-ordinated and child centred approach from agencies working in childcare fields including sexual health and criminal justice.
Recommendations 12 states that “the police must be notified as soon as possible when a criminal offence has been committed or is suspected of having been committed against a child unless there are exceptional reasons not to do so” and 13 specifically require Local Safeguarding Children Boards to provide clear guidance for handling allegations of sexual offences against children to support workers in making decisions about when to notify the police and social care agencies.
Government guidance is already available to provide guidance to staff on information sharing across agencies. This includes, ‘Working Together to Safeguard Children’ (2006) and ‘what to do if you’re worried a child is being abused’ (2003), – plus Safer from Sexual Crime leaflet; the Sexual Offences Act 2003 and Gateway reference 3382 DoH practice advice for health in relation to < 16 sexual activity.
This procedure has been devised with the understanding that most young people under the age of 18 will have a healthy interest in sex and sexual relationships and to assist those working with young people to identify where those relationships may be abusive and the young people may need the provision of protection and additional services. The primary concern of anyone working with sexually active young people under the age of 18 years must be to safeguard and promote the welfare of the child. It requires a collaborative approach between child welfare and criminal justice agencies which ensures that no one agency will embark upon a course of action that has implications for others without appropriate consultation. Where there are child protection concerns, these will over-ride the requirement for agency confidentiality and allow information to be shared across agencies.
This procedure is written also on the understanding that those working with this vulnerable group of young people will, naturally, want to do as much as they can to provide a safe, accessible and confidential service whilst remaining aware of their duty of care to safeguard them and promote their well being.
Young people, regardless of gender, who are believed to be engaged in, or planning to be engage in, sexual activity should always have their needs for health education, support and/or protection assessed by the agency involved.
The Sexual Offences Act aims to protect the safety and rights of young people and to make it easier to prosecute people who pressure or force others into having sex they do not consent to. Although the age of consent remains at 16, it is not intended that the law should be used to prosecute mutually agreed teenage sexual activity between two young people of similar age, except where it involves abuse or exploitation. The Act still allows young people under 16 the right to confidential advice on contraception, condoms, pregnancy and abortion.
This guidance acknowledges that all cases need to be considered on an individual basis due to the complex balancing of issues such as chronological and developmental age, power and knowledge; in doing so this guidance should be used in conjunction with the Local Safeguarding Children Board (LSCB) safeguarding procedures.
