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Swim England to review historic safeguarding cases

Swim England to review historic safeguarding cases

Swim England is to review all historic safeguarding investigations amid concerns children have been left at risk of harm.

A confidential report, seen by the BBC, found evidence some investigations were inadequate after three separate cases spanning more than a decade were analysed.

It is the latest challenge for the national governing body, which earlier this year was found to have presided over a culture of fear that allowed bullying and unsafe coaching practices to prevail.

Swim England said it could not yet confirm the number of cases to be looked at but the BBC understands it could run into hundreds, stretching back several years.

Swim England, based in Loughborough, has more than 150,000 members, many of whom are children.

Safeguarding investigations vary widely in terms of seriousness but can include everything from inappropriate photos or videos of young members, external to poor or dangerous training methods, bullying and emotional, physical and sexual abuse.

An independent barrister was appointed to examine three historical cases after new information came to light to members of Swim England's management.

 

Failure to discipline

The barrister concluded correct procedures had not always been followed and there was evidence some investigations could have been undermined or influenced.

They also found disciplinary processes had not always been used, which could "send a signal that complaints are not being taken seriously" and "reduce the likelihood of complainants coming forward".

The expert said a review of all cases would be "time consuming, challenging to implement and costly" but was necessary "to help ensure the sport provides a safe environment for those who are vulnerable to harm".

They added: "I am concerned that unless Swim England carries out a comprehensive independent review of previous cases there is a risk that harm may continue to exist where it could otherwise have been prevented."

The barrister concluded that a review should "focus on but not be limited to cases that are serious and on cases where disciplinary action was not taken when it ought to have been taken" and determine if any reinvestigation is needed.

Swim England, the governing body for swimming, diving, water polo, open water swimming and artistic swimming, was known as the Amateur Swimming Association (ASA) until it rebranded in 2017.

The number of cases to be looked will be determined at a forthcoming meeting but is expected to include investigations from the ASA days.

Some cases have already been independently reviewed, including the probe that led to the closure of Ellesmere College Titans.

The Titans' former home, Ellesmere College in Shropshire, has recently had an application to affiliate a new swimming academy approved after another independent barrister found the culture had changed and children felt safe.

 

Threat to future

Swim England has come under fire in recent years following multiple swimmers making allegations of mistreatment, bullying, emotional abuse and weight-shaming.

A listening review gauging opinions of thousands of Swim England members concluded extreme competitiveness led to an "ongoing and systemic" culture of fear at all levels of aquatic sports and was a major threat to its future.

The governing body has recently overhauled its safeguarding operation, making a commitment to "create a culture and environment in our sports that makes everyone feel safe, included and welcomed at all times".

A spokesperson for the organisation said a special board meeting would take place to discuss the scope of the recommended review which "will lay out our course of action in relation to historical matters".

"We remain wholeheartedly dedicated to listening, learning and evolving to help create a safe sport for all," they added.

The full report, please click here

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Ex-head teacher sexually abused children - court

Ex-head teacher sexually abused children - court

A former head teacher posed as a "pillar of respectability" while he sexually abused two children, a court heard.

Lee Brumby, 63, and his ex-wife, Elaine Brumby, 61, are on trial having denied leading a campaign of sexual abuse spanning 13 years.

The pair had a "far from conventional" relationship while they lived together in Little Wakering, Essex, prosecutors told Basildon Crown Court.

Mr Brumby, of Wellands in Witham, was suspended from Mayflower High School in Billericay when the historic allegations - which predated his time at the school - came to light in 2022.

Mrs Brumby, of Kiln Way, Great Wakering, posed as a "dutiful housewife" while the offences were taking place, said Wayne Cleaver, prosecuting.

He alleged she was complicit in the "repeated sexual abuse" led by her husband between 2001 and 2014 and had, on occasion, taken part.

Acts included encouraging children to perform sexual acts on them and having sex in front of children, the jury was told.

"They engaged in sex when [a victim] was there quite intentionally and we say they did so because they enjoyed it," Mr Cleaver said.

"In some perverted way, they must have been getting sexual gratification from it."

The court heard on one occasion Mr Brumby made one of his victims, who was under the age of 10, perform a sex act on him after role play.

"They played a game where [the victim] had to pretend to be a waitress pretending to serve him and asking him what he wanted," Mr Cleaver added.

'Damaged'

Mr Cleaver said Mrs Brumby "knew full well" what had happened and became involved in other instances of alleged abuse.

Police officers were made aware of the allegations in December 2020, after the complainants confided in loved ones about what they said happened.

One said they "feel damaged to admit this" as they told of the alleged abuse, adding they had daily flashbacks about what happened.

Mr Brumby denies three offences of rape of a child, two counts of engaging in sexual activity in the presence of a child and indecency with a child.

Mrs Brumby denies four offences of engaging in sexual activity in the presence of a child, causing a child to engage in sexual activity and sexual assault.

The trial continues.

The full report, please click here

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Man who used AI to create child abuse images jailed for 18 years

Hugh Nelson, 27, from Bolton, jailed after transforming normal pictures of children into sexual abuse imagery

 A man who used AI to create child abuse images using photographs of real children has been sentenced to 18 years in prison.

In the first prosecution of its kind in the UK, Hugh Nelson, 27, from Bolton, was convicted of 16 child sexual abuse offences in August, after an investigation by Greater Manchester police (GMP).

Nelson had used Daz 3D, a computer programme with an AI function, to transform “normal” images of children into sexual abuse imagery, Greater Manchester police said. In some cases, paedophiles had commissioned the images, supplying photographs of children with whom they had contact in real life.

He was also found guilty of encouraging other offenders to commit rape.

He sold his images in internet chatrooms, where he also discussed child sexual abuse with other offenders, making about £5,000 during an 18-month period by selling the images online.

While there have been previous convictions for “deepfakes”, which typically involve one face being transferred to another body, Nelson created 3D “characters” from innocent photographs.

Sentencing Nelson at Bolton crown court on Monday, judge Martin Walsh said it was “impossible to know” if children had been raped as a result of his images. Walsh said Nelson had no regard for the harm caused by distributing the “harrowing and sickening” material.

He added: “There seems to be no limit to the depths of depravity exhibited in the images that you were prepared to create and exhibit to others.”

Nelson was caught after he told an undercover police officer in an online chatroom that he charged £80 to create a new character, using supplied pictures, Bolton crown court heard.

“He stated: ‘I’ve done beatings, smotherings, hangings, drownings, beheadings, necro, beast, the list goes on’ with a laughing emoji,” David Toal, for the prosecution, said.

The court heard that Nelson was arrested in June last year. “He said he felt vile and that his mind was corrupted,” Toal said.

“He considered that his offending had got out of control,” he added.

Police searches of his devices also revealed that Nelson had exchanged messages with three separate individuals, encouraging the rape of children under 13.

During the course of the investigation, officers identified suspects and victims worldwide, including in Italy, France and the US.

Nelson was later found guilty of encouraging the rape of a child under 13, attempting to incite a boy under 16 to engage in a sexual act, distributing and making indecent images, and possessing prohibited images.

Nelson appeared in the dock wearing a waistcoat and tie. He waved to his parents in the public gallery as he came into court, but sat with his head down for most of the hearing.

Defending Nelson, Robert Elias told the court he had lived a “lonely bedroom life in his parents’ home”.

“What he was seeking primarily was validation, congratulations and a sense of belonging in a community. He was earning relatively small amounts of money and desperately wanted validation.

“He plunged down the rabbit hole to this sort of fantasy life and became completely engrossed in it. He has brought his life crashing down around him, to the shock and horror of his immediate family.”

“It is extremely disturbing that Hugh Nelson was able to take normal photographs of children and, using AI tools and a computer programme, transform them and create images of the most depraved nature to sell and share online,” Jeanette Smith, specialist prosecutor for the CPS, said.

“Technology is rapidly evolving and, unfortunately, so too is its risk to children. I hope this conviction sends a clear message to those who exploit this technology and inflict harm on children: you will be robustly pursued by law enforcement, prosecuted by the CPS and brought to justice.”

AI sexual abuse images are presenting new challenges in policing, with other forces turning to GMP for support with new investigations.

“The reason [this case] was very different is because it challenges the kind of view of what an indecent image of a child is,” DCI Jen Tattersall of GMP’s sex offender management unit said.

She added: “The computer-generated imagery trend is now becoming more prevalent, not only in GMP – but in other forces,” she added, saying that in the last week, detectives had begun investigations into two new cases involving computer-generated images.

“So at some point that is going to not be the exception any more, and it’s going to be the norm.”

The Nelson case was “the first to really test” the law around indecent images that had been digitally manipulated, she said, and GMP had worked with specialists at the CPS and the National Crime Agency to secure the prosecution.

As well as advances in technology, changes in behaviour in recent years have made policing the internet offences more difficult. “Covid has had a massive effect in the online space,” Tattersall said. “A lot more people are online.”

“The amount of platforms has just massively increased, so that’s a real challenge,” she added.

While AI can present opportunities for law enforcement, Tattersall said, the increasingly sophisticated technology also presents a significant threat for police forces, particularly as there is a risk that it may evolve faster than existing criminal legislation.

She added: “The reality is, it is going to represent a real challenge for us just because of how easy it is to do, and how easy it is to manipulate an image that is really innocent, and make it into something that is really abusive and indecent.”

However, she said the Nelson case “sends a clear message to criminals that you might use technology, and manipulate things, and test the flex of the law, but actually we are still going to prosecute you. We’re going to put you in prison”.

For a copy, please click here.

 

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Youth warnings, reprimands and cautions will no longer be automatically disclosed to employers who require Disclosure and Barring Service (DBS) certificates from 28 November.

The changes, which come as a result of a Supreme Court judgment that found some elements of the existing filtering rules for Standard and Enhanced DBS checks were disproportionate, are intended to make it easier for people with certain convictions to find employment.

The multiple conviction rule will also be removed, meaning that if an individual has more than one conviction, regardless of offence type or time passed, each conviction will be considered against the remaining rules individually, rather than all being automatically disclosed on the certificate.

Christopher Stacey, co-director of Unlock – a group that campaigns for people with convictions – welcomed the changes, but said they did not go far enough to improve access to work for some people with childhood convictions. 

“The changes coming in on 28 November are a crucial first step towards achieving a fair system that takes a more balanced approach towards disclosing criminal records,” he said. “However, we are still left with a criminal records system where many people with old and minor criminal records are shut out of jobs that they are qualified to do.

“We found that over a five-year period, 380,000 checks contained childhood convictions, with 2,795 checks including convictions from children aged just ten. Many of these childhood convictions will continue to be disclosed despite these changes.

“Reviews by the Law Commission, Justice Select Committee, former Chair of the Youth Justice Board Charlie Taylor and David Lammy MP have all stressed the need to look at the wider disclosure system. The government’s plan for jobs should include a wider review of the criminal records disclosure system to ensure all law-abiding people with criminal records are able to move on into employment and contribute to our economic recovery.”

New DBS guidance advises organisations to update their recruitment processes in light of the changes and check the Ministry of Justice website for which convictions or cautions should be disclosed by job candidates.

It suggests that employers ask job candidates: “Do you have any convictions or cautions (excluding youth cautions, reprimands or warnings) that are not ‘protected’ as defined by the Ministry of Justice?”

It also urged employers to include the following paragraph in their standard job application forms: “The amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020) provides that when applying for certain jobs and activities, certain convictions and cautions are considered ‘protected’. This means that they do not need to be disclosed to employers, and if they are disclosed, employers cannot take them into account.”

The guidance says: “Employers can only ask an individual to provide details of convictions and cautions that they are legally entitled to know about.

“If an employer takes into account a conviction or caution that would not have been disclosed, they are acting unlawfully under the Rehabilitation of Offenders Act 1974.

“Employers should conduct a case-by-case analysis of any convictions and cautions disclosed and consider how, if at all, they are relevant to the position sought. It would be advisable for the employer to keep records of the reasons for any employment decision (and in particular rejections), including whether any convictions or cautions were taken into account and, if so, why.”

Cedit: Ashley Webber - Personnel Today

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A county lines drug gang forced 40 children to deal cannabis and cocaine at a single school.

The teens, some as young as 14, had been supplied with drugs and dealing kits including deal bags and scales. 

Police say grown-up dealers had a network of 40 pupils dealing at the school which has just over 1,200 pupils - meaning one in thirty was possibly selling drugs.

It is suspected that girls as young as 14 at Kingsdown School in Swindon, Wiltshire, have been pestered for sex in exchange for cocaine.

And the dawn police raid yesterday - on the eve of GCSE results - revealed the extent of the teens coerced into the operation.

Wiltshire Police arrested a 27-year-old man during the raid. He has since been released under investigation.

Sgt Nathan Perry, who planned the 7am raid, said: "We found the person we're looking for, we've managed to safeguard the children who were at risk and we've found drugs.

"We all know about county lines and the risks associated with that.

"The difficulty with this type of drugs operation is that it's specifically targeting very young children in order to get them to deal drugs.

"Some of the information we've been passed is that children are not only being coerced into this activity, but they're also being physically threatened.

"If they go to police or teachers they'll be harmed," he added. 

Police were said to have been alerted to the gang at Kingsdown School.

A pair of older teen boys, both 16, are believed to have been supplying a network of up to 40 children in their mid-teens at the Swindon school.

The 27-year-old was arrested during the morning raid on suspicion of possession of class B drugs with intent to supply and inciting a child to engage in sexual activity.

The raid came as Swindon police focused their sights on modern slavery.

Nationally, police have increasingly turned to modern slavery laws to target drug dealers who force children and vulnerable adults to peddle their product.

Sgt Perry said those convicted could expect sentences of up to 15 years imprisonment.

"You've got children being exploited and young kids being forced to run the drugs. We will take it seriously," he said.

"The sheer nature of the exploitation of these young people is unacceptable.

"If we don't do something to stop that they're potentially going to be at risk for the rest of their lives.

 
"They need that positive engagement and we're not going to be able to do that until we remove their handlers, for want of a better word."
 
If children start becoming more withdrawn, secretive about their possessions and start acquiring cash and expensive clothes without explanation, it could be a sign they are being exploited by the gangs.
 
Article reported by Tom Seaward for the Mirror.

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