Chapter 2 Section 2 Child Contact Procedures · PPM CHAPTER 2 SECTION 2 CHILD CONTACT PROCEDURES 4...

PPM CHAPTER 2 SECTION 2 CHILD CONTACT PROCEDURES

Public Protection Manual

Chapter 2 Section 2

Child Contact Procedures

Version 4.0 January 2009

PPM CHAPTER 2 SECTION 2 CHILD CONTACT PROCEDURES 2

CONTENTS

1. PURPOSE .................................................................................................................. 3

2. BACKGROUND ........................................................................................................... 3

3. OVERVIEW / PROCEDURES TO BE FOLLOWED BEFORE PERMITTING CONTACT WITH CHILDREN ....................................................................................... 3

3.1 IDENTIFICATION-OFFENCES ................................................................................ 3 3.2 PROCEDURE .......................................................................................................... 4 3.3 DISCLOSURE ......................................................................................................... 5 3.4 PROPORTIONALITY ............................................................................................... 5 3.5 VALUE OF MONITORING BEFORE RELEASE FROM CUSTODY ............................ 5

4. CHILD CONTACT PROCEDURE .................................................................................. 5

4.1 WHAT IS CONTACT? .............................................................................................. 5 4.2 PRISONERS ARE AWARE OF PROCEDURES ........................................................ 5 4.3 REQUEST MADE FOR CONTACT ........................................................................... 6 4.4 A RECORD IS MAINTAINED .................................................................................... 6 4.5 PARENTAL SUPPORT FOR CONTACT ................................................................... 6 4.6 A MULTI-AGENCY ASSESSMENT IS CARRIED OUT ............................................... 6 4.7 SENIOR MANAGERS DECISION ............................................................................. 8 4.8 LEVEL OF CONTACT DECIDED .............................................................................. 9

5. MONITORING .............................................................................................................. 9

5.1 RECORDED AND ELECTRONIC INFORMATION .................................................. 10 5.2 IDENTIFICATION .................................................................................................. 11 5.3 UPDATE OF PHOTOGRAPHS ANNUALLY ............................................................ 11 5.4 REVIEWS ............................................................................................................. 11

6. APPEALS PROCESS ................................................................................................. 12

ANNEX’S

ANNEX A IDENTIFICATION-OFFENCES ........................................................................ 14

ANNEX B REGISTER OF PRISONERS WHO HAVE APPLIED FOR CHILD CONTACT ..... 22

ANNEX C RECORD OF PROCESSING OF APPLICATION .............................................. 23 ANNEX D NOTIFICATION OF IDENTIFICATION AS BEING SUBJECT TO RESTRICTIONS...................................................................................................................................... 24 ANNEX E APPLICATION FOR CHILD CONTACT/PROCEDURE INFORMATION FOR PRISONERS .................................................................................................. 25 ANNEX F LETTER TO PARENT / CARER ....................................................................... 29 ANNEX G LETTER TO SOCIAL SERVICES/CHILDRENS SERVICES .............................. 31

ANNEX H CHILD CONTACT IDENTIFICATION ............................................................... 35


Public Protection Manual Child Contact Procedures

1. PURPOSE This section of the Public Protection Manual replaces PSO4400/Chapter 1 Child Protection Measures and provides information and statutory guidance relating to the assessment of the level of contact that prisoners who have been convicted of or charged with an offence against a child or have a previous conviction for an offence against a child which includes offences of violence, sexual offences, neglect and abuse, who present an identified risk of harm (Risk to Children) must have with children and young people which are held in custody. The over-riding principle is that the child’s welfare is paramount - and that any contact must be in the child’s best interest. It is necessary to carry out fully comprehensive risk assessment of the prisoner and a “best interests” assessment for the child in order to decide what, if any, form of contact is appropriate. Contact includes correspondence, telephone calls and visits.

2. BACKGROUND

There are a number of prisoners in custody who present a risk of harm to children. In many cases the potential risk is initially determined from the index offence or from previous convictions. In addition a number of prisoners will be identified as presenting a risk because of their behaviour or actions whilst in custody.

3. OVERVIEW

3.1 IDENTIFICATION - OFFENCES PROCEDURES TO BE FOLLOWED BEFORE PERMITTING CONTACT WITH CHILDREN

Establishments are required to identify prisoners who have: -

o Been convicted or are charged with a sexual offence against a child o A previous conviction for a sexual offence against a child o A conviction or charge of murder or assault against a child o A charge or conviction involving domestic violence or abuse where a child was

involved o A charge or conviction where emotional abuse or neglect of a child was involved o Displayed any behaviour whilst in custody indicating the prisoner presents a risk

to a child o Information has been received from other agencies about the risk that the

prisoner presents Establishments must complete a multi agency risk assessment to determine what, if any, contact the prisoner is allowed with a child. (Refer to 4.6)


Where information is received or the behaviour of the prisoner is seen to indicate a potential risk of harm to a child, then a fully comprehensive risk assessment must be undertaken to determine whether the prisoner should be allowed contact with a child and the extent of such contact. Definition: A child is a person under the age of eighteen years. The Sexual Offences Act 2003 identifies a new offence of ‘Grooming’ based on the offender meeting a child with the intention of committing a sexual offence. Although this offence only covers children up to the age of 16, the Bill includes other offences that are primarily designed to protect young people aged 16 or 17 in circumstances where they are particularly vulnerable to exploitation and abuse. These include offences designed to protect children from abuse within the family unit. The Prison Service has an obligation to monitor prisoners contact with members of the public to ensure children are not being groomed for contact where an offence could be committed. It is not uncommon for an offender to condition a vulnerable single parent by telephone, correspondence or during a social visit, with a view to creating an opportunity where an offence against the child of the parent may be committed.

3.2 PROCEDURE We have a duty to ensure that prisoners who represent a risk to children do not have contact with children prior to the completion of a full risk assessment. Contact with children will only include contact with the prisoner’s immediate family or children, and the children of a partner provided they were living together as partners in an enduring family relationship prior to imprisonment. Included within this definition are sons and daughters, brothers and sisters, grandchildren, stepchildren, adopted children and foster children. A prisoner may be permitted to have contact with other children approved, provided he can produce a substantial case for contact and the Governor or Director of contracted out prison agrees that such contact would be in the interests of the child and only after a full risk assessment had been carried out. Such contact must be supported by the Parent/Carer, Social Services/Children’s Services, Police and the Offender Manager Probation. Should the victim of the offence fall within this group, contact must not be permitted unless a risk assessment has been carried out and it is considered to be in the interests of the child. The procedure for permitting contact with children provides statutory guidance that establishments must follow. The main points are: -

o Prisoners are aware of procedures (Annex E)

o Request made for contact (Annex E)

o A record is maintained (Annex C)

o Parental Support for Contact (Annex F)

o An Multi-Agency Assessment is carried out

o The Governor’s (Director’s) decision – based on the best interests of the child

o Level of contact decided

o Frequency and degree of Monitoring is decided

o Identification of children entering the establishment

o Decisions restricting contact reviewed

o Appeals process


3.3 DISCLOSURE The process of assessing whether or not to permit child contact should be as open a process as possible. The information that is taken into consideration may be challenged and disclosure necessary. Guidance is provided on disclosure within Probation Circular 13/03 “Sharing Information to Inform Decisions on Offender Release and Recall”.

3.4 PROPORTIONALITY It is necessary to identify and manage the risk in manner that is proportionate to the individual concerned and not to apply the same arrangements to all prisoners. Decisions to prevent or restrict contact need to take into account the risk presented by the offender, the needs and best interests of the child, balanced against the prisoner’s right to a family life. In all cases decisions will be based on what is best for the child. The welfare and safety of the child is our primary concern. The rights of a child to be safeguarded and protected from harm must take priority over an offender’s right to family life as set out in the 1998 Human Rights Act if the offender’s right would mean that contact could place a child at risk. It is therefore appropriate that incremental

restrictions are employed where required in the interests of the child

3.5 VALUE OF MONITORING BEFORE RELEASE FROM CUSTODY When prisoners who present a potential risk to children are released from custody they may or may not be subject to supervision and licence conditions. They may enter into new relationships or return to old ones. It is desirable that released prisoners who have committed an offence or offences against a child can live successfully and safely in society where they can be supervised effectively and do not re-offend. It is important to have monitoring provisions where interaction, between the prisoner and children in the visit area, over the telephone, within correspondence and any other form of communication, can be assessed. Evidence of inappropriate contact will contribute to the risk assessment and management of the prisoner within the establishment and information sharing with child protection agencies in the community. Any evidence of inappropriate contact or attempts must be accurately recorded using the SIR system. In addition a report must be placed in the prisoner’s record with a copy placed in the sentence management documentation to that effect for risk management purposes.

4. CHILD CONTACT PROCEDURE

4.1 WHAT IS CONTACT? Contact with a child includes correspondence, prisoner’s telephones (PinPhones) or social visits. Telephone contact will include any access to office telephones where permission has been granted. It will also include any contact with children who have been invited to visit the prison as part of a group.

4.2 PRISONERS ARE AWARE OF PROCEDURES Information, Prisoner Guidance (see Annex E) on how to request Child Contact must be available to prisoners explaining how to apply for contact with children. If English is not the prisoners first language the establishment must arrange for it to be translated by an approved translator so that it is fully understood by the prisoner. All prisoners who have been identified as presenting a possible risk of harm to children must be approached and asked if they intend to request child contact. If a prisoner indicates that he/she does not intend to make an application for child contact, both at the time of asking or at a later date, that response will be recorded, and the prisoner must sign a form (see Annex D) to that effect.) If the prisoner refuses to sign, the enquiring officer must make a note to that effect.


4.3 REQUEST MADE FOR CONTACT If a prisoner wishes to apply to have child contact, the enquiring officer must provide an application form which includes (Child Contact-Prisoners Information) for the prisoner to complete (Annex E) a separate request must be made for contact with each individual child. Staff must be aware of any literacy or communication difficulties the prisoner may have and in such cases must read over the document to the individual concerned and then endorse and sign to the effect that this has taken place. This should ensure that, if necessary, the member of staff can be subsequently identified. It is possible that a request for contact could be made by a parent or carer or indeed from the child directly. If such a request is received the prisoner will be informed and asked if he or she wishes to submit a request for contact.

4.4 A RECORD IS MAINTAINED A register (Annex C) providing a record of applications must be held on file. This record will become part of the prisoner’s main record and will follow the prisoner on transfer. A central record (Annex B) will also be maintained to indicate which prisoners are subject to restrictions due to the risk they represent to children, details of prisoners allowed child visits, or other contact, and details of prisoners who have been refused child visits, or other contact.

4.5 PARENTAL SUPPORT FOR CONTACT The parent or carer of the child will be asked whether they support contact or not and at what level. The wishes and the feelings of the child will be ascertained by social services / children’s services during a home visit. The person who has parental responsibility and is currently caring for the child must support any contact. In cases where the parent or carer does not support contact Social Services/Children’s Services should be contacted and informed of the parents’ decision. Children who are looked after by Local Authorities – if during the check with Children’s Services (as described in the ‘Agency Check’ see below) it is established that the child or young person is looked after and is in care the Local Authority view about the appropriateness of contact must be obtained in writing; the test is, as always, whether contact is in the child’s best interest.

4.6 A MULTI-AGENCY ASSESSMENT IS CARRIED OUT It is clear that a number of agencies will have in their possession information relating to the risk to which a child may be exposed to or the risk that a prisoner presents. The following agencies must be contacted to gather information before an assessment of risk can be made: The Police (via the Police Intelligence Officer) The establishment Police Liaison/Intelligence Officer (PIO) will be provided with the details of the prisoner and the child or children. He or she will then make contact with the Police Child Protection Team in the area where the child lives. A request will be made for any information about the risk to the child or further information about the prisoner. (Attach a photograph of the child to a copy of the application form and make available to the (PIO)

It will not be necessary to request that the police visit the home of the child, as the local social services/children’s services department will do this.


The Social Services/Children’s Services department that is responsible for the area in which the child lives. A link to an index of Social Services/Children’s Services has been provided for your assistance by means of a hyperlink to the Every Child Matters website.

All the below contacts details can be accessed on the Every Child Matters web site hyperlink

Every Child Matters Link

o Local Safeguarding Boards in England & Wales

o List of Child Protection Co-ordinators in England & Wales

o List of Custodians of Child Protection Registers in England & Wales The first point of contact must be by letter which must have a photograph of the child attached, (Annex G) to the Director of Social Services/Children’s Services.

Then by telephone to the Custodian of the Child Protection Register, an immediate reply (within two working days) will be returned to the prison, by fax indicating a point of contact.

Establishments must complete the section of this form headed ‘visits facilities’ which is intended to provide the report writer with a ‘pen picture’ of what the visiting facilities provide by the prison are. This could include the following:-

o The number of staff supervising the visiting area o Whether there are separate seating arrangements for child approved visits o Whether there are likely to be other prisoners identified as risk to

children(R2CHPA) in near proximity o Description of the room layout and style of chairs and tables o Refreshment and other facilities o Search processes

The Children’s Services Department will carry out an assessment and provide a written report with recommendations within three weeks. This report should include a statement that the identity of the child in the photograph has been confirmed. The views of the child or young person will be an important element of the assessment. When seeking the views of the parent or carer (person with parental responsibility) regarding contact, it is important that the child’s views are sought. In the letter to the child’s parent or carer it is emphasised that the child’s views should be taken into account.

If a child is able to make an informed choice, these views must be considered. The Children’s Services will ascertain the views of the child during the home visit. They should also identify an Appropriate Adult(s) as good practice who will accompany the child when visiting the prisoner.

o The seconded, prison based Probation Officer if in post or Offender Supervisor will be provided with the details of the prisoner’s application for contact. Where a prisoner is subject to licence supervision on release or has been recalled for breach of licence for the current offence, the seconded probation officer or offender supervisor will contact the offender manager in the relevant home probation area with a request for information and comments concerning the prisoner’s application for contact. Where the prisoner applying for contact is a young person offender and is supervised by Social Services / Children’s Services, they must be contacted.

http://www.everychildmatters.gov.uk/socialcare/safeguarding/missing


o Where appropriate, the NSPCC may be contacted for additional information. Some establishments who have developed a relationship or a partnership with the NSPCC have negotiated an arrangement where the NSPCC will search their database for information relating to a child’s risk. There is no obligation for the NSPCC to do this check, but it would enhance the assessment if such an arrangement were in place.

4.7 SENIOR MANAGERS DECISION When the delegated Senior Manager with the authority of the governing governor (Assistant Director) with delegated authority is in possession of all the available multi-agency information an assessment will be made. (It is most likely that the delegated Senior Manager [Assistant Director] who carries out this function will be the Head of Resettlement or through care who has responsibility for Public Protection.) The Senior Manager’s (Assistant Director’s) decision will take into account the follow factors:

o The child’s needs, wishes and feelings

o The capacity of the parent/carer to protect the child from likely harm

o The prisoner’s risk to the public

o The OASys assessment

o Static Risk Assessment (Thornton’s Risk Matrix 2000)

o Pre Sentence Report,

o Previous Convictions

o Custodial behaviour and any other documentation highlighting risk. All requests for contact by a prisoner must be defensible decisions and fully comprehensive risk assessed and supported by the local Interdepartmental Risk Management Team (IRMT).


4.8 LEVEL OF CONTACT DECIDED

It is for the delegated Senior Manager (Assistant Director) to decide the level of contact that will be permitted. The level of contact should be proportionate to the risk identified.

The best interests of the child will always be the overriding principal in making these decisions. Contact restrictions should be incremental, one of the following levels of restriction will be applied: -

Levels of Restrictions for Child Contact

Level One

Full restrictions apply. No contact with any child permitted All correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Two

Contact permitted with named child only via written correspondence. All correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Three

Contact permitted with named child only via written correspondence and telephone calls. Correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Four

No restrictions necessary, contact permitted with named child only via correspondence, telephone calls and visits. The prisoner may be allowed access to family visits with the permission of the Governing Governor following a further, individual risk assessment. Routine monitoring of correspondence, telephone calls, general observations in the visits area. This level of contact applies only to those children that the prisoner has permission to have contact with. All other children will be subject to Level One restrictions.

5. MONITORING

This section must be read in conjunction with the following documents listed below:

o PSO 4411 Prisoners Communications Correspondence

o PSO 4400 Prisoner Communications Ch.4 Prisoners Use of Telephones

o PSO 4410 Prisoners Communications Visits

o National Security Framework (Function 4)

The level and frequency of monitoring will be proportionate to the risk identified. Further details concerning the monitoring of prisoner’s correspondence and telephone calls is contained within the National Security Framework (Function 4) All categories of offenders in prison establishments will be subject to 5% random monitoring which may provide additional information to further enhance risk assessments and identify the need to implement full monitoring procedures due to an identified risk.

http://pso.hmprisonservice.gov.uk/PSO_4411_prisoner_communications_correspondence.doc

http://pso.hmprisonservice.gov.uk/PSO_4411_prisoner_communications_correspondence.doc

http://pso.hmprisonservice.gov.uk/PSO_4400_prisoner_communications.doc

http://pso.hmprisonservice.gov.uk/PSO_4410_prisoner_communications_visits.doc

http://pso.hmprisonservice.gov.uk/PSO_4410_prisoner_communications_visits.doc

http://home.ps.gov.uk/National/Information_Store/PSI_AND_PSO/PSO/PSO%201000%20-%20National%20Security%20Framework/Function4.html


Correspondence - monitoring of correspondence will focus on whether the prisoner is attempting to contact children inappropriately and what references about children are made in general correspondence.

Any evidence of grooming or manipulation of a child, or a parent or carer, must be reported using the SIR system. In addition a report should be made to the establishments nominated public protection contact. A directory of public protection contacts is available from the home page of the public protection manual.

It is acceptable to photocopy the relevant sections of correspondence where grooming, domestic abuse or the threat of violence is suspected, which will allow the authorities to manage the risk in a more effective pro-active manner. Correspondence with other convicted prisoners must be managed within the terms of Paragraph 4.6 of PSO 4411 Prisoner Communications Correspondence. Telephones – monitoring of telephone conversations will focus on the same issues as correspondence. “Again, it is acceptable for calls to be monitored where there is a risk that a prisoner may be grooming the child or engaging in abusive behaviour towards a child (which could include preparing to commit a sexual offence). Prisoners identified as presenting a risk to children must be on the call enabling regime and action should be taken if monitoring shows that a prisoner has been speaking to a child they should not have been. Legally privileged and confidential access calls must not be monitored. See PSO 4440 (Ch4) for more details.”

Staff must be alert when monitoring conversations with telephone numbers that have been enabled at an address where a child with whom the prisoner has not been granted contact resides. Any evidence of inappropriate contact or attempts must be accurately recorded using the SIR system. In addition a report must be placed in the prisoner’s record with a copy placed in the sentence management documentation to that effect for risk management purposes. All telephone contacts must be rigorously verified before being enabled on the prisoner’s PIN account. Establishments must put in place procedures to carry out this verification and these must be auditable. Visits – Monitoring of prisoners who present a risk to children in the visits area is required to establish if appropriate contact is taking place between an offender and a child where child visits have been permitted. It may be rare for a prisoner who is identified as a high risk of harm to specific children to then see that child on a visit. But where the risk is low or medium and a decision has been taken to let the visit proceed, staff should monitor it. During the visit members of staff in the area must observe any change in behaviour should the appropriate adult absent themselves from the visiting table e.g. to visit the refreshment counter or toilets. Other issues such as the appropriateness of the dress and neglect of the child on visits must also be monitored. Other prisoners who present a risk to children and have not been permitted contact with a child must be supervised in such a way that contact is not possible. Governors (Directors) must ensure that members of staff within the visits area are alert to the need for good observation and sensitive seating arrangements. It is sensible to seat such prisoners away from crèche areas or refreshments counters.

5.1 RECORDED AND ELECTRONIC INFORMATION When monitoring, staff should be aware that it is possible to disguise inappropriate information in a number of formats: - Audiocassettes that have been pre-recorded must be listened to before being posted out of the establishment or passed to the prisoner. Staff should be aware that it is possible to record over a section of tape and insert inappropriate material.


Inappropriate material will include a child being prompted to say things that could arouse a child sexual offender or a prisoner describing inappropriate sexual acts with a child. Floppy discs, CD ROMs and Video CDs (e.g. PlayStation games) and other data storage devices are capable of holding hidden information that is potentially damaging to the public and/or is not conducive to the prisoner’s rehabilitation.

Common methods to disguise inappropriate material are, the use of white text on Word documents, ClipArt laid over an inappropriate picture and hidden hyperlinks to another document.

5.2 IDENTIFICATION It is necessary to take steps to prevent a child with whom a prisoner may have contact being substituted with another, possibly more vulnerable child. Staff monitoring letters and telephone calls and visits areas must be vigilant and prevent inappropriate contact when identified, children entering the establishment for social visits must be identified from photographs by staff using the child identification form (Annex H). Four passport style photographs of each child will be required from the parent or carer. Prison staff at the establishment may take them where such arrangements are in place. The costs of the photographs may be claimed from the establishment by the parent/carer up to the value of £4.00 in writing to the co-ordinator of the child contact application, if contact is supported and the photographs are required to identify the child. If contact is not supported the photographs will be returned. The first and second photographs will be sent to the Police Child Protection Team and Social Services/ Children’s Services attached to the written request for information, staff required to identify the child when entering the prison will use the third, and the fourth will be retained on file. Photographs should be returned to the parent/carer if contact is not supported.

5.3 UPDATE OF PHOTOGRAPHS ANNUALLY It will be necessary to update photographs annually or earlier if there is a significant change in appearance of the child. Methods of identifying children for this purpose have been explored and there is no feasible alternative to the use of photographs. Where the prisoner or the parent/carer raises concern about this practice, reassurance must be given that the photographs will be treated appropriately and used only for the purpose of identification.

5.4 REVIEWS Where a decision has been made to restrict contact, it will be necessary to review the decision when there are reasons to believe that circumstances have changed. Reviews can be made at any time on the initiative of prison staff or at the request of the prisoner. It is good practice to review decisions at least every six months. Reviews may take the form of Child protection conferences which are normally chaired by Social Services/Children’s Services and include all the agencies involved. Local Area Child Protection Boards will provide advice about how these conferences are organised. Establishment public protection leads are best placed to make such arrangements. If you wish to identify the chair of the board in your area please visit the Every Child Matters website for an up to date list. Any decision to change the level of contact permitted will be based on what is best for the child. The child’s welfare will be paramount at all times. The decision will take into account the views of the police, probation and local Social Services/Children’s Services Department, via the Custodian of the Child Protection Register. All reviews for contact by a prisoner must be supported by the local Interdepartmental Risk Management Team (IRMT).


6. APPEALS PROCESS Prisoners who wish to appeal about a decision not to permit, or to restrict contact with a child may do so using the Request and Complaints procedure. The delegated Senior Manager (Assistant Director) dealing with the application must examine the information on which the original decision was based. The Senior Manager (Assistant Director) who participated in the initial assessment must not conduct the appeal. If the level of contact is altered the reasons for any change must be recorded. If the prisoner wishes to challenge the information held on file the information must be checked for accuracy and any inconsistency investigated. Any information provided by other agencies may be

disclosed to the prisoner only with the other agencies authority.


Public Protection Manual Safeguarding Children

Child Contact – Flow Chart for Permitting Child Contact

Identification of Prisoners subject to Risk to Children restrictions

Overview Identification

Provide Prisoners Information and if Required an application form

Seek Parental Support for Contact

Multi Agency Assessment Contact, Police, Probation and Social Services / Children’s Services for Information

Senior Managers (Director’s) Decisions

Level of Contact Decided

Review every 6 months

Appeals Procedure

Yes

If parent or carer states they do not support contact; inform the prisoner and record information on file. Inform Social Services / Children’s Services

Inform all agencies involved in assessment about the Governor’s decision

Conduct reviews when circumstances decrease or

increase risk

No


Public Protection Manual Safeguarding Children List of Offences ANNEX A

Alphabetical list of offences which can be used to identify those who present a risk, or potential risk, to children

Offence Section Act

Abandonment of children under two Section 27 Offences Against the Person Act 1861

Abduction of a woman by force or for the

sake of her property

Section 17 Sexual Offences Act 1956

Abduction of Child in Care/ Police Protection

.. take away/induce away/assist to run

away/ keep away

Section 49 Children Act 1989

Abduction of defective from parent or

guardian


Abduction of unmarried girl under 16 from

parent or guardian


Abduction of unmarried girl under 18 from parent or guardian


Abuse of position of trust: causing a child to watch a sexual act


Abuse of position of trust: causing or

inciting a child to engage in sexual activity


Abuse of position of trust: sexual activity in

the presence of a child


Abuse of position of trust: sexual activity with a child


Abuse of Trust Section 3 Sexual Offences (Amendment) Act 2000


Administering a substance with intent Section 61 Sexual Offences Act 2003

Administering drugs to obtain or facilitate

intercourse

Section 4

Sexual Offences Act 1956

Administring poison, or wounding, with

intent to murder

Section 11 Offences Against the Person Act 1861

Aiding, abetting, counselling or procuring

the suicide of a child or young person.

Section 2 Suicide Act 1961

Allowing persons under 16 to be in brothels Section 3 Children and Young Persons Act 1933

Arranging or facilitating child prostitution or

pornography


Arranging or facilitating commission of a child sex offence


Assault by penetration Section 2 Sexual Offences Act 2003

Assault occasioning actual bodily harm Section 47 Offences Against the Person Act 1861

Assault of a child under 13 by penetration Section 6 Sexual Offences Act 2003

Assault or battery Common Law

Assault with intent to commit buggery Section 16 Sexual Offences Act 1956

Buggery where the victim is under 16* Section 12 Sexual Offences Act 1956

Burglary (by entering a building or part of a

building with intent to rape a child)

Section 9 Theft Act 1968

Care workers: causing a person with a

mental disorder to watch a sexual act


Care workers: causing or inciting sexual activity


Care workers: sexual activity in the presence of a person with a mental disorder


Care workers: sexual activity with a person

with a mental disorder


Causing a child to watch a sexual act Section 12 Sexual Offences Act 2003


Causing a person to engage in sexual activity without consent.


Causing a person with a mental disorder to

engage in or agree to engage in sexual activity by inducement, threat or deception

Section 35

Sexual Offences Act 2003

Causing a person with a mental disorder to

watch a sexual act by inducement, threat or deception


Causing a person, with a mental disorder

impeding choice, to watch a sexual act


Causing or allowing persons under 16 to be

used for begging

Section 4 Children and Young Persons Act 1933

Causing or allowing the death of a child or vulnerable adult

Section 5 Domestic Violence, Crime and Victims Act 2004

Causing or encouraging prostitution of defective


Causing or encouraging prostitution of, or

intercourse with, or indecent assault on, girl under 16


Causing or inciting a child to engage in sexual activity


Causing or inciting a child under 13 to

engage in sexual activity


Causing or inciting a person, with a mental

disorder impeding choice, to engage in sexual activity


Causing or inciting child prostitution or

pornography


Causing or inciting prostitution for gain Section 52 Sexual Offences Act 2003


Causing prostitution of women Section 22 Sexual Offences Act 1956

Child sex offences committed by a children

or young persons


Child stealing Section 56 Offences Against the Person Act 1861

Committing an offence with intent to

commit a sexual offence (in a case where the intended offence was an offence against

a child)


Conspiring or soliciting to commit murder Section 4 Offences Against the Person Act 1861

Controlling a child prostitute or a child

involved in pornography


Controlling prostitution for gain Section 53 Sexual Offences Act 2003

Cruelty to children Section 1 Children and Young Persons Act 1933

Detention of a woman in a brothel or other

premises


Drunk in charge of a child under 7 years Section 2 Licensing Act 1902

Engaging in sexual activity in the presence of a child


Engaging in sexual activity in the presence

of a person with a mental disorder impeding choice


Engaging in sexual activity in the presence, procured by inducement, threat or

deception, of a person with a mental

disorder


Exposing children under seven to risk of

burning


Exposure Section 66 Sexual Offences Act 2003

False Imprisonment Common Law


Give / cause to be given intoxicating liquor to a child under 5 years


Incest by a man Section 10 Sexual Offences Act 1956

Incest by a woman Section 11 Sexual Offences Act 1956

Inciting a child family member to engage in

sexual activity


Inciting girl under 16 to have incestuous sexual intercourse

Section 54 Criminal Law Act 1977

Indecency between men (gross indecency) Section 13 Sexual Offences Act 1956

Indecent assault on a man Section 15 Sexual Offences Act 1956

Indecent assault on a woman Section 14 Sexual Offences Act 1956

Indecent conduct towards young child Section 1 Indecency with Children Act 1960

Indecent exposure Section 4 Vagrancy Act 1824

Indecent exposure Section 28 Town Police Clauses Act 1847

Indecent photographs of children Section 1 Protection of Children Act 1978

Inducement, threat or deception to procure sexual activity with a person with a mental

disorder


Infanticide Common Law

Infanticide Section 1 Infanticide Act 1938

Intercourse with a girl under 13 Section 5 Sexual Offences Act 1956

Intercourse with a girl under 16 Section 6 Sexual Offences Act 1956

Intercourse with defective Section 7 Sexual Offences Act 1956

Kidnapping Common Law

Living on earnings of male prostitution Section 5 Sexual Offences Act 1967

Maliciously administering poison Section 23 Offences Against the Person Act 1861

Man living on earnings of prostitution Section 30 Sexual Offences Act 1956

Manslaughter Common Law

Meeting a child following sexual grooming etc.



Murder Common Law

Offence of abduction of a child by parent Section 1 Child Abduction Act 1984

Offence of abduction of child by other

persons

Section 2 Child Abduction Act 1984

Paying for the sexual services of a child Section 47 Sexual Offences Act 2003

Permitting a girl between 13 and 16 to use

premises for intercourse


Permitting a girl under 13 to use premises

for intercourse


Permitting defective to use premises for intercourse


Possession of indecent photographs of children

Section 160 Criminal Justice Act 1988

Procuration of girl under 21 Section 23 Sexual Offences Act 1956

Procurement of a woman by false pretences Section 3 Sexual Offences Act 1956

Procurement of a woman by threats Section 2 Sexual Offences Act 1956

Procurement of defective Section 9 Sexual Offences Act 1956

Procuring others to commit homosexual acts (by procuring a child to commit an act

of buggery with any person, or procuring any person to commit an act of buggery

with a child)


Prohibition against persons under 16 taking part in performances endangering life and

limb


Rape Section 1 Sexual Offences Act 2003

Rape Section 1 Sexual Offences Act 1956

Rape of a child under 13 Section 5 Sexual Offences Act 2003

Recovery of missing or unlawfully held children

Section 50 Children Act 1989


Sexual Activity with a Child Section 9 Sexual Offences Act 2003

Sexual activity with a child family member Section 25 Sexual Offences Act 2003

Sexual activity with a person with a mental

disorder impeding choice


Sexual assault Section 3 Sexual Offences Act 2003

Sexual assault of a child under 13 Section 7 Sexual Offences Act 2003

Sexual intercourse with patients Section 128 Mental Health Act 1959

Supplying or offering to supply a Class A

drug to a child, being concerned in the

supplying of such a drug to a child, or being concerned in the making to a child of an

offer to supply such a drug.

Section 4 Misuse of Drugs Act 1971

Threats to kill Section 16 Offences Against the Person Act 1861

Traffic in prostitution Section 145 Nationality, Immigration and Asylum Act 2002

Trafficking into the UK for sexual exploitation


Trafficking out of the UK for sexual exploitation


Trafficking people for exploitation Section 4

Asylum and Immigration (Treatment of Claimants,

etc) 2004

Trafficking within the UK for sexual exploitation


Trespass with intent to commit a sexual

offence (in a case where the intended offence was an offence against a child)


Voyeurism Section 67 Sexual Offences Act 2003

Women exercising control over prostitute Section 31 Sexual Offences Act 1956

Wounding and causing grievous bodily

harm: Inflicting bodily injury



Wounding and causing grievous bodily harm: Wounding with intent


A reference to an offence in this list includes:

a reference to an attempt, conspiracy or incitement to commit that offence, and

a reference to aiding, abetting, counselling or procuring the commission of that offence.

Unless stated otherwise, the victim of the offences listed above will be under 18

Cautions for the offences listed above will apply


Public Protection Manual Safeguarding Children Child Contact Register Example ANNEX B

Child Contact – Register of Prisoners who have applied for Child Contact

Prisoner’s Name Prison

Number Prison

Location Children’s Names

Level of Contact Approved

1 2 3 4 Paul Jones AB1234 C3.11 Mary Jones

Steven Brown FB5432 C4.12 Peter Dixon

Peter Smith EN2233 A4.26 Karen Smith

Mandy White TA2194 B1.32 Sarah White


Public Protection Manual Safeguarding Children Record of Application

ANNEX C

Child Contact – Record of processing of application

Prisoners details

Prisoners Name Prison Number HMP / YOI

Date request for contact received

Child’s details

Date of Police request

Date of Probation request

Date of Social Services, Children’s

Services request

Has contact been

granted?

Level of contact

permitted Sent Received Sent Received Sent Received



Public Protection Manual Safeguarding Children Prisoner Notification ANNEX D

Child Contact – Notification of Identification as being subject to restrictions

HMP / YOI Date of Issue

Name: Prison Number

There are a number of prisoners in custody who present a risk to children. In many cases the risk will have been identified from the index offence or previous convictions. There will also be a number of prisoners who are identified as presenting a risk by their behaviour or actions whilst in custody. An assessment has been carried out and you have been identified as a prisoner who may present such a risk and the reason will be explained to you. Should you wish to have contact with a child during your time in prison you will have to apply by application form. Full guidance of the procedures are available from your landing or personal officer. (You are advised not to retain this information as other prisoners may treat you unfavourably.) You may indicate now that you wish to apply for child contact or you may apply at a later date. If contact is granted, you will be advised if this will be by correspondence, telephone or visits. The assessments made will be made only once and valid in all establishments. The level of contact may increase or decrease depending on a review of your risk. For example: if you work to reduce your risk a review will be carried out regarding the level of contact. The level of child contact arranged will be proportionate to the risk identified. Note: Delete the appropriate statement I am aware of this notification and I do/do not wish to apply for child contact at this time.

Prisoners Details: Print Name

Name

Signature Date

I have read and verbally explained the contents of this document to the above prisoner who has confirmed that they fully understand the requirements applied to them.

Endorsed by member of staff: Print Name

Name

Signature Date

Department Grade



Application for Child Contact

ANNEX E

HMP / YOI

Please complete this form if you would like to make contact with a child during your time in custody. You are required to complete a form for each child you wish to have contact with. You may request contact via correspondence, telephone or social visits. A child is anyone under the age of eighteen. There is an Information Leaflet attached to this application form with a full description of the procedures for your information.

When this form has been completed the information will be retained on file and an agency check conducted. This check will be carried out and a decision made as quickly as possible but will be dependant on the information being made available.

Prisoners Details

Name Prison Number Location

Relationship to Child Date of Application

Type of Contact Requested for: Please Circle

Correspondence(Letters , Postcards) Yes No

Correspondence & Telephone Calls Yes No

Correspondences, Telephone Calls & Visits Yes No

Details of Child Parent / Carer

Details of the Child Details of the Parent/Carer

First Names First Names

Surname Surname

Date of Birth Gender Date of Birth Gender

Relationship to prisoner Relationship to prisoner

Address Details

Please pass this form to a member of staff who will ensure your request is processed.


Public Protection Manual Prisoners Information for Child Contact Child Contact - Prisoner information

Child Contact Advice for Prisoners Identified as Representing a Risk to Children

o Introduction

o Identification

o Procedure

o Proportionality

Introduction

The Prison Service has a duty to protect the public from inappropriate contact by prisoners. This guidance describes the procedure for prisoners who have been identified as presenting a risk to children and wishes to have contact with children.

Identification

Governors of prisons are required to identify prisoners who have been convicted of or charged with an offence against a child or have a previous conviction for an offence against a child. This includes offences of violence, sexual offences, neglect and abuse. Definition: A child is a person under the age of eighteen / Children’s Act 2004 Contact with children will only include contact with the prisoner’s immediate family or children, and the children of a partner provided they were living together as partners in an enduring family relationship prior to imprisonment. Included within this definition are sons and daughters, brothers and sisters, grandchildren, stepchildren, adopted children and foster children.

A prisoner may be permitted to have contact with other children approved, provided he can produce a substantial case for contact and the Governor (Director of contracted out prison) agrees that such contact would be in the interests of the child and only after a full risk assessment had been carried out. Such contact must be supported by the parent/carer, Social Services/Children’s Services, External Probation services and the Police.

(Should the victim of the offence fall within this group, contact will not be supported unless a risk assessment has been carried out and it is considered to be in the interests of the child.)

Further, where information is received and/or the behaviour of the prisoner is seen to indicate a potential risk of harm to a child, then a full risk assessment must be undertaken to determine whether the prisoner should be allowed contact with a child and the extent of such contact.


Procedure

Prisoners who represent a risk to children will not have contact with any children unless a full risk assessment has been carried out. The procedure for permitting contact with children will involve: -

Prisoners being aware of procedures All prisoners who have been identified as presenting a possible risk to children must be approached and provided with a copy of the child contact procedures (this document) and asked if they intend to request child contact.

If a prisoner indicates that he/she does not intend to make an application for child contact, both at the time of asking or at a later date, the response should be recorded, and the prisoner must sign an application form to that effect. If the prisoner refuses to sign, the enquiring officer must make a note to that effect.

Request made for contact If a prisoner wishes to apply to have child contact, the enquiring officer must provide an application form for the prisoner to complete. It is necessary for a separate request to be made for contact with each child.

A record is maintained A register providing a record of applications will be held on file. This record must become part of the prisoner’s main record and must follow the prisoner on transfer.

A central record must also be maintained to indicate which prisoners are subject to restrictions due to the risk they represent to children, details of prisoners allowed child visits, or other contact, and details of prisoners who have been refused child visits, or other contact.

Parental support for contact The parent or carer, or person with parental responsibility for a child with whom the prisoner seeks contact will be asked if they support contact. An Agency check is conducted An application for child contact will be processed and a request sent to

The police (via the Police Intelligence Officer)

The Local Social Services/Children’s Services Department that is responsible for the area in which the child lives

The community Probation Officer/Offender manager working on the prisoner’s case

Where possible, the NSPCC.

Information will be sought as to the suitability of contact. In all cases the welfare of the child will be paramount. An assessment is carried out using the information available An assessment will be made taking into consideration all the information known about the prisoner and the needs of the child. This will include, Pre-Sentence Report, Previous Convictions, custodial behaviour and other related documentation. Reports received from the Social Services/Children’s Services, Police, Probation Offender Manager and where available the NSPCC.


Level of contact decided by Senior Manager

It is for the Senior Manager (Assistant Director) with delegated authority to decide the level of contact that will be permitted. It is right and proper that the level of contact decided must be proportionate to the risk identified. Contact restrictions should be incremental, one of the following levels of restriction will be applied:


Level One Full restrictions apply. No contact with any child permitted. All correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Two Contact permitted with named child only via written correspondence. All correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Three Contact permitted with named child only via written correspondence and telephone calls. Correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Four


Identification Four passport style photographs of each child will be required and should be provided by the parent/carer or taken by prison staff at the establishment where such arrangements are in place. The costs of the photographs may be claimed from the establishment up to the value of £4.00 from the prison to cover any costs you incur by writing to the co-ordinator of the child contact application, if contact is supported and the photographs are required to identify the child. If contact is not supported the photographs will be returned. The first and second photographs will be sent to the Police Child Protection Team and Social Services/Children’s Services attached to the written request for information. staff required to identify the child when entering the prison will use the third, and the fourth will be retained on file. It will be necessary to update photographs annually or earlier if there is a significant change in appearance of the child. Methods of identifying children for this purpose have been explored and there is no feasible alternative to the use of photographs. Prisoners and the parent/guardian should be reassured that the photographs will be treated appropriately and used only for the purposes of identification.

Decisions restricting contact reviewed

Where a decision has been made to restrict contact, that decision must be reviewed when there are reasons to believe that circumstances have changed. For example: -

o A prisoner is no longer in denial and has engaged with an offending behaviour programme to reduce his or her risk

o Where information has come to light to indicate the risk to children has increased or decreased.

Proportionality It is necessary to identify and manage the risk an individual presents and not to have in place blanket arrangements where all prisoners are dealt with in exactly the same way. Decisions to prevent or restrict contact must be made balancing the risk presented by the offender and the needs of the child. All decisions must be based on what is in the best for the child. The welfare of the child is our primary concern.


Public Protection Manual Safeguarding Children Letter to Parent / Carer

ANNEX F

Child Contact – Letter for attention of Parent/Carer regarding application for child contact

To From

Parent / Carers Address

Address HMP / YOI Contact Telephone Number

Fax Number

Dear

We are contacting you to obtain your views and consent about whether [name of child] should have contact with [Name of prisoner] that is presently in custody at [Name of establishment] [Title, name of prisoner] has been identified as presenting a risk to children. He/she has submitted an application for contact with [insert name of the child] aged [insert age]. Before this application is considered we would ask that you indicate if you wish contact to be permitted or not. Contact may include: correspondence, telephone calls or social visits, or a combination of the three. If you do not support contact your wishes will override this application. Your views are important; should you wish to discuss this matter regarding any concerns you may have, please contact me on the telephone number provided. Should you indicate that you wish contact to occur; enquiries will be made with the police, social services / Children’s Services and probation with a view to establishing any risk and whether this contact is regarded as being in the child’s best interest. This information together with the information held by the prison will be assessed and a decision taken as to whether contact should take place and what level of contact is deemed appropriate. All decisions made and contact permitted will be proportionate to the risk identified. It is important to respect the rights of the prisoner although; in all cases the child’s welfare will be the primary concern. Please indicate whether you support contact by completing the form on the attached page (One form Per Child) and return to the prison, together with four passport style photographs of the child. The photographs will be used to assist enquiries with the agencies involved and for identification purposes when visiting the prison. You may claim up to £4.00 from the prison to cover any costs you incur by writing to the co-ordinator of the child contact application, if contact is supported and the photographs are required to identify the child. If contact is not supported the photographs will be returned. It will be necessary to update photographs annually or earlier if there is a significant change in appearance. Methods of identifying children for this purpose have been explored and there is no feasible alternative to the use of photographs. Thank you for your assistance in this matter. Yours sincerely, [Name / Print] [Department] [Signature]



Child Contact - Information

Details of Prisoner

Name Prison Number

Details of Child

Name

Parent / Carers Views for Child Contact Comments

Childs Views for Contact

Child Contact Level

Please tick the relevant level of contact box recommended

Level 1 I support contact between the above named prisoner and child

Yes No

Level 2 Correspondence(Letters, Postcards) Yes No

Level 3 Correspondence(Letters, Postcards) & Telephone Calls

Yes No

Level 4 Correspondence(Letters, Postcards),Telephone Calls & Visits

Yes No

Parent / Carer Full Name: Print:

Date:

Signature:



ANNEX G

Safeguarding Children from Prisoners Request for Assistance for Child Contact

To From

Director of Social Services Children’s Services Insert Address

Address HMP / YOI Name Contact Telephone Number Fax Number Date

Prisoners Details

Full Name

Date of Birth Prison Number

Dear

The purpose of this letter is to inform you that a prisoner, who has been identified as presenting a risk to children, is in custody at [insert name of establishment]. He/she has made an application to contact a child. A copy of the application, together with the details of the child and the child’s parent or carer is attached.

For the purpose of these procedures a child is a person under the age of eighteen years.

Contact with children will only include contact with the prisoner’s immediate family or children and the children of a partner provided the prisoner and the partner were living together as partners in an enduring family relationship prior to imprisonment. This will include a brother, sister, son or daughter of the prisoner or the son or daughter of a partner. Included within this definition are stepchildren, adopted children and foster children. Should the victim of the offence fall within this group, contact will not be supported unless a risk assessment has been carried out and it is considered to be in the interests of the child.

A prisoner will not be permitted to have contact with any other child unless the Governor (Director of contracted out prisons) agrees that such contact would be in the interests of the child and after a full risk assessment has been carried out. Grandchildren will be considered if there is a substantial case for contact and that the contact is in the interests of the child.

Contact with a child includes correspondence, prisoner’s telephone calls and social visits. Telephone contact will include any access to prison office telephones where permission has been granted. It will also include any contact with children who have been invited to visit the prison as part of a group.


The parent/carer of the child has stated that they support contact in the form of correspondence, telephone calls and social visits [Describe contact that the parent/carer has supported.] It will be necessary to identify the child by use of the photograph attached to this letter and confirmation of this should be contained within your report. (Where contact is not supported the photograph should be returned to the prison who will forward it to the parent/carer.) The Governor (Director) would be grateful if you could provide a report within three weeks outlining the child’s circumstances, if contact is thought to be in the child’s interests and what level of contact is appropriate. We would ask that a suitable adult(s) be identified who would accompany the child on a visit to the prison and that this adult is aware of the responsibilities this role. The levels of contact are: -


Level One

Full restrictions apply. No contact with any child permitted All correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Two

Contact permitted with named child only via written correspondence. All correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Three

Contact permitted with named child only via written correspondence and telephone calls. Correspondence and telephone calls may be monitored subject to a risk assessment being carried out and regularly reviewed.

Level Four


Attach Childs

Photograph

Attach Childs

Photograph

Attach Childs

Photograph

Attach Childs

Photograph

Childs Name Childs Name Childs Name Childs Name

Gender Gender Gender Gender

Visits Facilities


Monitoring Levels Seating Arrangements

Prison to fill in details


Other Comments


Please complete the attached form acknowledging receipt of this letter and provide contact details of the person dealing with this request. If your Service has no knowledge of either the Prisoner or the family concerned completion of the attached form with the observation “Neither family nor prisoner known to this Service” ticked will suffice. It would be helpful if this form could be faxed back to the prison within two working days.

Should you require further information please do not hesitate to contact me on the above telephone number.

Yours sincerely,

[Name / Print] [Department] [Signature]

[Name and title of the person co-ordinating Child Contact procedures]



Child Contact – Acknowledgement of Letter to Social Services/Children’s Services

Please complete this form and fax it to [Insert Name of Establishment and Fax Number / Email Address] within two working days of receipt.

This Fax acknowledges the receipt of a request for information.

From:- To:-

[Insert address details of the Social Services / Children’s Services Department]

[Insert address of the prison]

Your letter requesting information about the suitability of contact between name child below and the prisoner’s] was received on [Insert date].

Prisoners Details

Full Name Prison Number Date of Birth Gender

Childs Details

Family Name First Name Date of Birth Gender

Childs Details


Childs Details


Childs Details


Parent/Carers

Details

Family Name First Name Address

Person dealing with the request from Social Services / Children’s Services

Name Department

Email Address

Telephone Number

Fax Number

A report will be completed by the: (Insert Date)

A report will not be provided as neither the prisoner named, nor the family are known to Children’s Services

Signature:-


Public Protection Manual Safeguarding Children Approved Child Visits Identification Form

ANNEX H

Details of Prisoner

Prisoner’s Photo

HMP / YOI

Name of Prisoner

Prison Number

Prisoners Location

Offence Details

Approved Parent / Carer

Approved Child Details

Photo of Child Visitor

Childs Surname

Childs First Name

Date of Birth and Gender

Age of Child

Relationship to Prisoner



Childs Surname

Childs First Name

Date of Birth and gender

Age of Child




Childs Surname

Childs First Name


Age of Child




Childs Surname

Childs First Name


Age of Child


Approved by: Print Grade

Signature Date

Original to Public Protection File, One to Visits, One to Gate & One to Security THESE PHOTOGRAPHS MUST BE RENEWED 12 MONTHS FROM THE ABOVE DATE


Information for Visits Staff

Date of Entry

Observations Log Signature and Name

You must fill in a Security Information Report if you have any concerns relating to the Prisoner’s, or visitors, behaviour whilst on a Child Approved Visit.


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