Sharing Nudes and Semi-Nudes - advice for Education settings
Introduction
This guidance is aimed at designated safeguarding leads (DSLs), deputies, headteachers, and senior leadership teams in schools and educational institutions in England. It offers advice on managing incidents related to safeguarding, particularly concerning online safety. It may also serve as good practice for organisations providing education outside of formal school settings, such as extracurricular clubs and youth organisations.
The creation and distribution of nude and semi-nude images of individuals under 18 are unlawful, leading to significant apprehension within educational environments serving children and adolescents, as well as among parents and caregivers.
What does it cover?
This advice outlines how to respond to an incident of nudes and semi-nudes being shared, including:
risk assessing situations:
· safeguarding and supporting children and young people
· handling devices and images recording incidents, including the role of other agencies
· informing parents and carers
·
The types of incidents which this advice covers are:
· a person under the age of 18 creates and shares nudes and semi-nudes of themselves with someone they believe to be under the age of 18
· a person under the age of 18 shares nudes and semi-nudes created by another person under the age of 18 with a peer under the age of 18
· a person under the age of 18 is in possession of nudes and semi-nudes created by another person under the age of 18
Key Definition
This advice defines "sharing nudes and semi-nudes" as the act of young people under 18 sending or posting nude or semi-nude images, videos, or live streams online. This can occur through various platforms such as social media, gaming platforms, chat apps, or forums, including offline sharing via services like Apple's AirDrop. The sharing can be done publicly, in private messages, or within group chats and closed social media accounts. The term "nudes" is used for clarity and recognition among young people, encompassing various types of image sharing incidents. Alternative terms used by young people may include "dick pics" or simply "pics."
A 2023 evidence review conducted by the NSPCC highlights the repercussions of non-consensual sharing, which encompass feelings of fear, distress, and helplessness, along with self-blame or shame. It also indicates increased levels of depression and anxiety, reputational harm, peer exclusion, victim blaming, and the possibility of revictimisation through the forwarding of images and related interactions by peers.
Understanding the Motivations
Nude and semi-nude images can be exchanged among children and young individuals in various contexts, often without sexual or criminal intent. These images might be created and shared consensually within relationships or between individuals not in a relationship. However, it's crucial to note that a young person in a consensual relationship may still be pressured or coerced into sharing images with their partner.
Defining the Incident
Incidents can broadly be divided into two categories:
· Aggravated: incidents involving additional or abusive elements beyond the creation, sending or possession of nudes and semi-nudes.
· Experimental: incidents involving the creation and sending of nudes and semi-nudes with no adult involvement, no apparent intent to harm or reckless misuse.
Assessing Behaviours
Designated safeguarding leads (DSLs) or their equivalents in educational settings should be aware that behaviour which may not seem initially sexually driven could stem from risky or harmful behaviour or the normalisation of sexual abuse among children and young people.
Hackett's 'Continuum of children and young people's sexual behaviours’ model aids practitioners in comprehending that these behaviours span a spectrum from normal to abusive and violent, with potential fluidity between categories. It's crucial to recognise that an isolated incident displaying problematic or abusive behaviour may not reflect the child or young person's overall sexual conduct. Consequently, the response to such incidents should be proportional to the behaviour exhibited.
The Law
Responding to incidents involving the sharing of nude and semi-nude images is intricate due to its legal implications. The creation, possession, and distribution of any imagery depicting individuals under 18 that is considered 'indecent' are unlawful, encompassing self-generated imagery if the individual is under 18. The term 'Child Sexual Abuse Material' (CSAM) may also refer to indecent images of children.
Avoiding Unnecessary Criminalisation of Children
The law against indecent images of children aims to safeguard children and young individuals from adults seeking to exploit or derive pleasure from their sexual abuse, rather than to criminalise minors. This legislation predates widespread internet, smartphone, and digital photography use. Nevertheless, children and young people who share nude or semi-nude images, whether of themselves or peers, are in violation of the law. Despite this, it's important to avoid unnecessarily criminalising children and young individuals. Having a criminal record can lead to stigma and discrimination, hindering access to education, training, employment, travel, and housing, with potential long-term repercussions into adulthood.
The Police Response
The National Police Chiefs Council (NPCC) emphasises that incidents involving the sharing of nude and semi-nude images should prioritise the immediate safeguarding of children. Education settings often handle such incidents independently, especially when they are deemed 'experimental' and lack evidence of abusive or aggravating factors. However, police involvement may be necessary in certain cases to ensure a thorough investigation, including evidence collection through multi-agency checks.
Handling Incidents
Initial Response
All schools and colleges must have a robust child protection policy in place, and it's advisable for out-of-school settings to also adopt such policies. These policies should outline the organisation's approach to incidents involving the sharing of nude and semi-nude images, and staff should respond to such incidents accordingly, in alignment with the policy.
Disclosure
All staff members in an educational environment are obligated to identify and report any incidents involving the sharing of nude and semi-nude images. They should receive appropriate safeguarding training and support to recognise and address concerns effectively. Procedures for handling such incidents should be outlined within the organisation's child protection policy.
Initial Review Meeting
The initial review meeting should consider the initial evidence.
Assessing the Risk
The circumstances surrounding incidents of sharing nude or semi-nude images can vary significantly. If, during the initial review, it is decided not to involve the police or children's social care, the DSL (or equivalent) should conduct a comprehensive follow-up review. This may involve interviewing any children or young people involved to gather more information and assess risks, referencing relevant assessment tools as needed.
Supporting those Involved
After determining that a child or young person is not at immediate risk, the school may need to engage in a conversation with them to determine the best course of action. Ideally, this conversation should be conducted by the DSL (or equivalent). However, if the child or young person prefers to speak with another staff member, this preference should be accommodated whenever feasible.
Involving Parents
Parents or caregivers should be notified and engaged in the process at an early stage, except when informing them poses a risk of harm to the child or young person. Any decision to withhold information from parents or caregivers should be made in collaboration with other relevant services such as children's social care and/or the police, who would determine when it is appropriate to inform them.
Multi-Agency Working
If reporting to the police is deemed necessary, contact should be initiated through existing channels, such as the Multi-Agency Safeguarding Hub (MASH) or equivalent, a safer schools officer, a Police Community Support Officer, local neighbourhood police, or by dialling 101. In emergencies where there is an immediate threat to life, dialling 999 is appropriate.
Searching / Viewing / Deleting Images
Staff and parents or caregivers should not intentionally view any nude or semi-nude images unless there is a clear and valid reason to do so, as outlined below. Whenever possible, responses to incidents should be guided by the information provided to DSLs (or equivalents) about the content of the imagery.
If the school determines that involvement of other agencies is unnecessary, consideration should be given to removing nude and semi-nude images from devices and online platforms to prevent further sharing.
Educating Children and Young people
Educating children and young people about safeguarding issues can proactively prevent harm by equipping them with the skills, attributes, and knowledge necessary to identify online risks and seek help when needed. Addressing sensitive topics fosters a comprehensive approach to safeguarding within educational settings, allowing children and young individuals to explore key issues and empowering them with the confidence to seek adult support when facing challenges. "Keeping Children Safe in Education" emphasises the importance of schools and colleges ensuring that children are taught about safeguarding, including online safety.
Resources
How to respond to an incident – 1 page summary: https://assets.publishing.service.gov.uk/media/65d62d63188d77001103885a/sharing_nudes_and_semi_nudes_how_to_respond_to_an_incident_summary.pdf
Hackett’s Harmful Sexual Behaviours Framework: https://learning.nspcc.org.uk/media/1657/harmful-sexual-behaviour-framework.pdf
Comments
Post a Comment