Legal Update: In a Nutshell - New measures tackle sexual exploitation

Background to the measures

The government has announced a package of new measures to tackle child sexual exploitation. At the heart of these measures will be criminal sanctions for those who fail to protect children from sexual exploitation. The measures form part of the government's national response in the wake of recent reports on the systematic institutional failings to respond to child sexual exploitation in Rotherham and elsewhere. The government claims the new package will "ensure local areas have long-term practical plans to uncover child sexual exploitation... and bring more offenders to justice - or face tough consequences".

Accountability

The government outlines measures it claims will strengthen accountability of those who fail to fulfil their duty to protect children. These include introducing "an expectation" that all Local Safeguarding Children Boards will conduct regular local assessments on the effectiveness of responses to child sexual exploitation, the outcome of which will be published in their annual reports. These reports will be subjected to external analysis in an attempt to bring "greater scrutiny" to the system.

Strengthened sanctions

The government states that it is "unacceptable" for local bodies to use severance arrangements to "cover up examples of under-performance or organisational failure". One of its measures therefore includes the power to claw back exit payments for senior staff who are quickly re-employed in the same part of the public sector.

Of all the new measures, one of the most notable is the government's announcement to consider extending the new offence of "wilful neglect" (introduced under the Criminal Justice and Courts Act 2015) to a wider net of professionals - children's social care, education and elected members. It states that it will consult on options for imposing sanctions for failure to take action on abuse or neglect where it is a professional responsibility to do so. It will do this as part of the forthcoming public consultation on mandatory reporting of all forms of abuse and neglect.

Child sexual abuse as a national threat

The government plans to give child sexual abuse the status of a "national threat" in the Strategic Policing Requirement. The aim of this measure is to make it clear to police forces that child sexual abuse is a priority concern that requires collaboration, the allocation of sufficient resources and "robust plans in place to target the offenders".

Other measures

The proposals also seek to change the "culture of denial" through a series of awareness-raising and professional training measures, improve joint working and information sharing procedures and practices, protect vulnerable children (including through the introduction of new standards and tests for social workers announced in November 2014), stop offenders, and support victims and survivors, including the consideration of the roll-out of independent child trafficking advocates. Details of the proposals can be found in the government's report Tackling Child Sexual Exploitation, released on 3 March.

Legal Update is produced in association with experts at Coram Children’s Legal Centre ?www.childrenslegalcentre.com

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