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Shattered lives, stolen futures: The Jay Review of Criminally Exploited Children

Tens of thousands of children and

young people are at risk of being exploited across the UK – groomed, coerced and threatened into a life of violence, criminalisation and abuse. A new approach is needed to end this crisis.

Launching the Jay Review

In response to this crisis, Action for Children launched the Jay Review of Criminally Exploited Children in November 2023. Our aim was to learn from what’s working well to protect children from exploitation and determine what more can be done.

“I slept with one eye and one ear open for years and years.”

Vicky, parent

The Review was chaired by Professor Alexis Jay CBE, chair of the Centre for Excellence for Children’s Care and Protection and former chair of the Independent Inquiry into Child Sexual Abuse. Professor Jay was supported by Simon Bailey CBE QPM, the former Chief Constable of Norfolk Constabulary and a member of the Child Safeguarding Practice Review Panel from 2021-2024, and Charles Geekie KC, a barrister specialising in areas of the law relating to children and a Trustee of Action for Children.

The Review heard 25 hours of evidence from witnesses in person and via video footage and received 100,000 words of evidence in total

Evidence was given by 70 organisations or individuals, including young people, parents and mentors with lived experience of exploitation. A wide range of practitioners and senior leaders have contributed – from children’s services, education, local government, charities, inspectorates, academia and the police and youth justice systems across the UK, including the Children’s Commissioners from all four nations.

What we learned

The facts of criminal exploitation paint a stark picture: thousands of children and young people across the country are controlled and manipulated by criminal gangs, while countless more are at risk. The toll on these young lives is immeasurable, leading to serious physical harm, long-term trauma and criminalisation. Children are paying with their freedom, their childhoods and their lives.

Key lessons

As we listened to those with lived experience, to professionals and to experts from across the four nations of the UK, a number of key lessons stood out:

  • The absence of a clear and consistent definition of the criminal exploitation of children is a barrier to protecting and supporting them.
  • Existing legislation and criminal processes are not fit for purpose and are leading to vulnerable children being failed.
  • Too many exploited children are treated as criminals rather than victims and do not receive a child protection response.
  • The lack of data on exploitation makes it more difficult to identify, prevent and respond to it.
  • School is an essential protective factor in children’s lives but education providers do not always have the right tools to identify and support children at risk.
  • Local safeguarding arrangements are not always effective in supporting children at risk of extra-familial harm (or harm outside their family home), including exploitation.
  • Early intervention is essential to prevent and disrupt exploitation but a decade of funding cuts in early intervention services has restricted the ability of services to respond.
  • Serious, preventable harm to children is being caused by a lack of national leadership. There is no consistent strategy, leadership and focus from central government on tackling criminal exploitation as an urgent and preventable crisis.

In 2023, 7,432 referrals relating to children were made to the National Referral Mechanism (NRM), the framework for identifying and referring potential victims of modern slavery and criminal exploitation, an increase of 45% since 2021.

Our recommendations

We recommend that the four nations of the UK work together to create a new approach designed with the explicit purpose of tackling the criminal exploitation of children. This should be built on three pillars:

  • A single, cohesive legal code designed to tackle the criminal exploitation of children. The criminal exploitation of children should be given a statutory definition within UK law with a consultation held with young people and families to develop corresponding guidance. Specific legislation should be drawn up for England, Wales, Scotland and Northern Ireland covering child abuse through exploitation and create a new criminal offence. And new powers should be given to the police and criminal justice system to identify and sanction exploiters.
  • Coordinated policy and practice at a local and national level. The UK government should take the lead in developing a national strategy for preventing the criminal exploitation of children. Exploitation must be recognised as a distinct category of child protection in all four nations with a new pathway for protecting children from risk outside the home and local safeguarding arrangements must be robust and well-funded. A welfare-first approach should be taken in the management of offences committed by exploited young people.
  • Investment, research and whole-system learning. Investment and funding for early intervention and prevention services for exploited young people must be specific, increased and ring-fenced. Data and information collection must be standardised to allow for identification of young people at risk and disruption of perpetrators, with a new cross-border protocol for sharing data between the four nations.

“Do I want to lose my freedom or do I want to be dead? I don't want none of that. I want to be alive. I want to be living. I want to have a family.”

Danny, young person with experience of exploitation

Read the exective summary here

Read the review report in full here

With thanks Action for Children https://www.actionforchildren.org.uk

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WEC to question the Minister for Victims and Safeguarding

The Women and Equalities Committee (WEC) will hear from Laura Farris, Parliamentary Under Secretary of State for the Home Office and Ministry of Justice during the final evidence session of its inquiry into the escalation of violence against women and girls.

The cross-party committee of MPs will question the Minister for Victims and Safeguarding and officials from the Ministry of Justice and Home Office on themes raised throughout the course of the inquiry, including victims’ experience of police and the criminal justice system, existing intervention programmes for perpetrators of VAWG, and the effectiveness of the Probation Service.

Appearing before the Committee for the first time since taking on the VAWG portfolio, MPs may also question the Minister on other topical VAWG-related issues including abortion buffer zones, non-consensual intimate image abuse (‘revenge porn’), the Government’s ongoing Rape Review and the use of pre-recorded evidence in RASSO trials.

WEC launched its inquiry into the escalation of violence against women and girls in July 2023 to understand whether men who commit certain types of crime and non-criminal offences have a higher potential to commit serious acts of violence against women. It is examining the availability and effectiveness of services and interventions to tackle such behaviours.

In recent years, there have been a number of high-profile cases where women have been raped and murdered by perpetrators with a concerning history of offending. The inquiry is looking at whether non-criminal behaviours or non-contact sexual offences can escalate to more serious crimes. It is examining how the police service and wider criminal justice system respond to these behaviours and what interventions are in place to address different types of offending. 

Source (with thanks): https://committees.parliament.uk/committee/328/women-and-equalities-committee/news/200539/wec-to-question-the-minister-for-victims-and-safeguarding-on-the-escalation-of-violence-against-women-and-girls/

 

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Updated EYFS Statutory Framework

The EYFS Statutory Framework was updated on 19th January 2024 which impacts on those providing services under this guidance.

For ISS members, this will relate to Childminders and for Group and School-based providers. We have listed the updated changes below relevant to these to groups:

Summary of changes for group and school-based providers, since the previous issued framework as as follows:

 Group and school-based settings must:

  • ensure setting managers appointed on or after 4 January 2024 hold a level 2 maths qualification, or they achieve one within 2 years of starting in the position (Section 3, Staff:child ratios)
  • ensure your setting’s safeguarding policies and procedures include all electronic devices with imaging and sharing capabilities, not just mobile phones and cameras (Section 3, Safeguarding policies and procedures)
  • ensure all level 2 and level 3 staff members who gained their qualification since June 2016, hold a valid paediatric first aid (PFA) certificate, otherwise they cannot be included in ratio (Section 3, Paediatric first aid)

Group and school-based settings may wish to consider applying the following flexibilities, if appropriate:

  • level 3 practitioners in group and school-based settings will no longer be required to hold a level 2 maths qualification to count within staff:child ratios (Section 3, Staff:child ratios)
  • a manager in group and school-based settings can now allow students and apprentices to count in staff:child ratios at the level below their level of study, if the manager is satisfied that they are competent and responsible (Section 3, Staff:child ratios)
  • settings may provide opportunities for children to develop and use their home language in play and learning, previously this requirement stated this ‘must’ be done (Section 1, English as an Additional Language)

Group and school-based settings should also be aware that the following updates have been made to the EYFS:

  • there is a new statutory document on early years qualification requirements and standards
  • the language has been changed to clarify that physical evidence does not need to be collected for assessments (Section 2, Assessment)
  • a clarification made that while qualifications must be verified, employees do not have to provide physical copies of their qualifications (Section 3, Suitable people)
  • a clarification made on the wording on the validity of paediatric first aid (PFA) certificates (Section 3, Paediatric first aid)

 

Summary of changes for childminders, since the previous issued framework as as follows:

Childminders must:

  • be aware that further information has been provided in the framework on safeguarding responsibilities when childminders are working in a group, including a change on child protection language (Section 3, Safeguarding policies and procedures)
  • ensure the safeguarding policies and procedures at a setting include all electronic devices with imaging and sharing capabilities, not just mobile phones and cameras (Section 3, Safeguarding policies and procedures). As technology changes, you should consider a wider range of devices in your policies, for example smart watches.

Childminders may wish to consider applying the following flexibilities, if appropriate:

  • you will no longer be required to complete training on the EYFS prior to registration, however childminders will still need to demonstrate that they have the required knowledge of the EYFS at their pre-registration visit (Section 3, Safeguarding training)
  • where judged appropriate by a childminder, childminding assistants can now fulfil the role of a key person for children (Section 3, Key person)
  • childminders with open plan kitchen-living areas can now utilise safely useable areas within this room for their provision (Section 3, Indoor space requirements)
  • childminders may provide opportunities for children to develop and use their home language in play and learning, previously this requirement stated this ‘must’ be done (Section 1, English as an Additional Language)

Childminders should also be aware that the following updates have been made to the EYFS:

  • the language has been changed to clarify that physical evidence does not need to be collected for assessments (Section 2, Assessment)
  • the Early Learning Goals (ELGs) have been moved from the childminder EYFS to an annex, as childminders do not usually need to use these (Annex C, Early Learning Goals)
  • the section on assessment in the childminder framework has been significantly amended including removing information on the Reception Baseline Assessment which childminders never undertake (Section 2, Assessment at the end of the EYFS – the Early Years Foundation Stage Profile (EYFSP)
  • the wording has been changed on ‘suitable person’ to clarify that it is the responsibility of the childminder agency (CMA) or Ofsted to carry out suitability checks on behalf of the childminder (Section 3, Suitable people)
  • the wording has been changed on ‘confidential areas’ so rather than having a permanent area available, a suitable area is made available on request (Section 3, Organising premises for confidentiality and safeguarding)
  • the requirement for childminders to display a paediatric first aid (PFA) certificate has been removed, instead these are available on request (Section 3, Paediatric first aid)
  • a physical copy of the certificate of registration is no longer required to be displayed, a digital version can be used instead (Section 3, Information about the childminder)

 

The Full Updated Statutory Framework can be found 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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Forty children as young as 14 recruited to deal drugs inside school

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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