KCSIE - Part 5 - Child on Child Sexual Violence and Sexual Harassment Summary

 A rapid review of sexual abuse in schools and colleges in England was conducted by Ofsted a while back. The report summarises the scale and nature of sexual abuse, the effectiveness of the current safeguarding system in considering children's voices, and schools' understanding and response to sexual abuse. This rapid review was conducted due to the prevalence of sexual harassment and online sexual abuse in schools and colleges. 

The NSPCC have reviewed this and their findings can be found here: https://learning.nspcc.org.uk/media/2604/review-of-sexual-abuse-in-schools-and-colleges.pdf

With this in mind, let us all be aware of our duty of care and fully understand our role in safeguarding children in relation to sexual violence and sexual harassment as outlined in Keeping Children Safe in Education - Part 5.

Summary of Part 5

Part 5 of the statutory guidance outlines the procedures that schools and colleges should follow in responding to any indications, reports, or concerns related to child-on-child sexual violence and harassment. This includes incidents occurring outside the school premises and online. The importance of staff vigilance, urging them to adopt an attitude of readiness for such incidents, particularly in the context of child-on-child abuse is paramount.

Sexual violence and harassment can occur among children of any age and gender, spanning from primary to secondary stages and into college. These incidents may involve one child victim or a group of children harassing others. They can manifest both online and in face-to-face interactions, and it is emphasised that such behaviour is never acceptable. Schools and colleges are advised to adopt a zero-tolerance approach, explicitly stating that sexual violence and harassment will not be tolerated, and rejecting excuses such as "banter" or "boys being boys." Failing to address these issues can foster an unsafe environment and normalise abusive behaviour. It is crucial for your school to recognise the extent of harassment and abuse, understanding that lack of reports does not imply their absence. Additionally, you should actively challenge potentially criminal physical behaviours, such as inappropriate touching, as dismissing or tolerating them risks normalising such actions.

What is Sexual Violence?

This guidance underscores the importance of schools and colleges recognising the occurrence of sexual violence among children, both within and outside the educational setting. The focus is specifically on child-on-child sexual violence, emphasising the need for institutions to be aware that such abuse can take place and to address it comprehensively. When referring to sexual violence we are referring to sexual offences under the Sexual Offences Act 2003 and are defined in KCSIE page 106 paragraph 452.

Be clear on what consent is: Consent is the voluntary and capacity-driven choice to engage in sexual activity. It can be specific to certain activities or conditions, like the use of protection. Consent is revocable at any point during the activity and must be freely given. For children under 13, consent to any sexual activity can never be given. The legal age of consent is 16, and any sexual intercourse without consent is considered rape.

What is Sexual Harassment?

In the context of child-on-child incidents, sexual harassment refers to unwanted conduct of a sexual nature. This behaviour can take place online or offline, within or outside the school or college setting. Sexual harassment is characterised by actions that violate a child's dignity, cause intimidation, degradation, humiliation, or contribute to a hostile, offensive, or sexualized environment.

Sexual harassment encompasses various behaviours, including making sexual comments or stories, lewd remarks about appearance, and using sexualised names. It also involves sexual jokes or taunting, physical actions like deliberately brushing against someone, interfering with clothes, displaying explicit images, upskirting (a criminal offense), and engaging in online sexual harassment. Schools and colleges are urged to assess when such actions cross the line into sexual violence, emphasising the importance of considering the victim's experience and engaging in open communication. Please remember this is not an exhaustive list.

Harmful Sexual Behaviours:

Children's sexual behaviour spans a spectrum from normal and developmentally expected to inappropriate, problematic, abusive, and violent. Behaviour falling into the latter categories is considered developmentally inappropriate and may lead to developmental damage. The term "harmful sexual behaviour" (HSB) serves as an umbrella term encompassing problematic, abusive, and violent sexual behaviour. You may find the following toolkit useful when identifying such behaviours. https://learning.nspcc.org.uk/media/1657/harmful-sexual-behaviour-framework.pdf

How can we Prevent Abuse?

Effective safeguarding practice involves schools and colleges clearly outlining local processes and available support in advance for addressing instances of sexual violence or harassment. Preparation and regular reviews of this information are crucial to ensure its relevance and accuracy over time.

How to respond to reports of sexual violence and sexual harassment?

The guidance emphasises the necessity of having well-established systems that are easily promoted, understood, and accessible for children to confidently report abuse - part 2 of KCSIE. The assurance is that their concerns will be taken seriously. Reports of sexual violence and harassment are often complex, demanding challenging professional decisions to be made swiftly and under pressure. Decisions regarding cases of sexual violence or harassment are ultimately the responsibility of the school or college, to be made on a case-by-case basis. The designated safeguarding lead or deputy plays a key role, utilising professional judgment and seeking support from other agencies such as local authority children's social care and the police as necessary.

Children may not find it easy to verbally disclose abuse to staff. Instead, they may exhibit signs or behaviours in the hope that adults will notice and respond. Reporting may not always be direct, with friends, staff members, or overheard conversations being avenues for disclosure. In line with part one of KCSIE, if staff have any concerns about a child's welfare, immediate action is recommended rather than waiting for a direct report. When staff receive a report, they should avoid promising confidentiality, as it is likely in the best interests of the victim to seek advice, guidance, and support from others and involve appropriate agencies. When an allegation of sexual violence or harassment is moving through the criminal justice system, schools and colleges should be informed about issues such as anonymity, witness support, and the criminal process. This awareness enables you to provide appropriate support and take suitable actions. In the case of a report of sexual violence, the designated safeguarding lead (or deputy) should conduct an immediate risk and needs assessment. For reports of sexual harassment, the necessity for a risk assessment should be evaluated on a case-by-case basis.

Sexual violence and harassment can occur anywhere, and staff are advised to adopt an attitude of vigilance. Schools and colleges should be prepared to respond appropriately to reports and concerns about sexual violence or harassment, whether online or offline, even if the incidents occurred outside the school/college. The designated safeguarding lead (or deputy) is likely to have a comprehensive understanding of safeguarding matters and is the most suitable person to advise on the initial response by the school or college. In cases of concern for a child's welfare, all staff should prioritise the best interests of the child. Schools and colleges must adhere to general safeguarding principles. Immediate attention should be given to determining the best way to support and protect the victim, alleged perpetrator(s), and any other children involved or impacted.

How are you supported?

Remember you are not alone, there is support out there for you. Local authority children's social care and the police are crucial partners in cases where a crime may have been committed. Referrals to the police often follow a natural progression from reporting to local authority children's social care. The designated safeguarding lead or deputy should take the lead in the school or college response and be familiar with the local processes for making referrals to children's social care and the police.

Further support can be sort from:

The NSPCC provides a helpline for professionals at 0808 800 5000 and help@nspcc.org.uk

National Crime Agency’s CEOP Safety Centre: https://www.ceop.police.uk/Safety-Centre/