Local authority, schools, medical professionals or any specialist organisations may investigate abuse claims. The police are legally obligated to investigate matters of abuse if any child under the age of 18 is suffering or is at risk of abuse or harm.
Police prosecutions:
When investigating offences against children the police may decide that prosecution is not the appropriate action, and instead ensure that the family in question work with social workers and the local authority to protect the child, or support the family.
Adults who suffered abuse:
Any adult who has suffered abuse can report this to the police, which can allow them to investigate the matter and make an attempt to prosecute the perpetrator. There is no time limit on when the adult can report the abuse. However, the more time gap there is between the abuse and it being reported the more difficult it is to gather evidence against the abuser. Legal rules regarding evidence used in child abuse cases mean that certain evidence can’t be used in court. Therefore it is advised to report abuse as soon as possible.
Who can be charged with child abuse?
Anyone aged 10 or over can be charged with any criminal offence associated with abuse. It is very unlikely that young children will be prosecuted, but in this case, Child Protection Services and the local authority are more likely to investigate the matter and make a decision.
Reporting abuse to police:
When abuse is reported to the police, they may usually tell you about the next step to be taken, and give you contact details for them in case you have further questions.
Will social workers get involved straight away?
The police have a duty to notify the local authority child protection team when the abuse has been reported. Social workers may not always get involved but they may send a letter to notify you they are aware of the situation and offer support where needed.
Will the police prosecute all the time?
If it isn’t in the child’s best interest to prosecute the police may decide not to prosecute. The police will discuss this with the parents and child in question if they are capable of understanding the situation. If there isn’t sufficient evidence of the abuse the police may not be able to prosecute, however, don’t let this discourage you from reporting abuse, as police may find evidence upon investigation.
What happens if the abuser admits to the offence?
If an abuser pleads guilty and cooperates with the investigation, the police would take the necessary steps. This can include giving them a caution, investigating further, or taking the case to court.
Testifying against my abuser?
If the case goes to court, witnesses and the victim will have to give evidence against the abuser. A child under 18 years of age and a vulnerable person can request adjustments to be made when giving evidence to make them feel comfortable. This may include adjustments such as recording a video submission, or a written statement to avoid face to face interaction in the courtroom.
The witness or child may be asked questions that may be difficult to answer, however, if the defendant is convicted, the sentence will reflect on the fact that the child was made to testify. On the other hand, if a defendant pleads guilty the judge will take into consideration that they spared the child from giving evidence against them.
Will the police get involved even if I don’t want them to?
If a child is under 18 years of age or lacks mental capacity, the police may have to get involved even if you don’t want them to. The police have a legal duty to share information with the appropriate authorities to ensure a child’s safety, however it is unlikely that the police will force a child to testify against their abuser if they don’t want to.
How can the police protect a child?
The police do have the power to take children away from their families in case of emergencies. This can last up to 72 hours and can be done if there is good reason to believe a child is at risk of harm if the child is not removed in those circumstances.
Where will the child be taken?
Children can be removed from the family by police without court interaction, and the local authority will then be informed before taking responsibility for the child. Once the local authority has undertaken the responsibility of a child they decide if the child needs to be placed into foster care or with other members of the family if it is safe to do so.
Will the family know where the child is placed?
Usually, the parents are told where a child is placed, but in certain cases where the child is at risk of harm from the family, the parents may not be told to ensure the child’s safety.
If a child or children are removed from the suspected perpetrators, the social workers involved will be able to advise on what happens next. This would include details such as how there will be contact between the child and parents. They will also be able to decide what steps the parents need to take after the 72 hours are up.
After 72 hours usually, the child will be returned to the family home if no concerns arise during that period. If the social workers have further concerns, it may be necessary to get other court orders.
Not satisfied with police conduct?
If you are unhappy with the way the police are dealing with your case or think your allegations have not been taken seriously, you are entitled to make a complaint about unsatisfactory police conduct. You will need to get specialist independent advice.
What happens during a police investigation?
Child abuse allegations are usually dealt with by a specialist child abuse investigation team. As part of an investigation, the specialist team may work with the local authority, the child’s school and any other health services to be able to ascertain the facts of the case. They may also wish to speak to the child in question; this can be done with or without parental permission. The specialist team can visit the family home and visit the place the offence occurred to gain additional evidence if applicable. Further investigations can also include arranging a medical examination for the child and taking statements from witnesses, or anyone who can become potential witnesses.
If necessary, they can place the child into police protection for up to 72 hours if the child in question is at risk of harm.
Medical examinations:
The police may want the child who has been abused to be medically examined, as a child’s social welfare and health is the priority. A child will be provided with medical attention if needed. However, if the child does not need immediate medical attention, Children’s Services need a Court Order or parental consent to get a child to take a medical examination.
If the child is older, the doctor carrying out the medical examination will need to be satisfied that the child can give consent to be medically examined. As a parent, if you do not want Children’s Services taking your child to a doctor you can schedule the child’s GP to carry out the examination.
The police and social workers may attend the medical examination along with the parents of the child, and the doctor carrying out the examination will make a report of any injuries. They may arrange to take any photographs if necessary. It is advised the parent do agree to cooperate with allowing the medical examination to be carried out as denying parental consent can result in court proceedings.
Statements
The police may ask anyone who witnessed the abuse to make a statement for investigation. Statements may be written; however, children’s statements can be taken by interviewing in a special room with recording equipment.
Who is allowed in a child’s interview?
A social worker will often be present and if they have specialist training, they may conduct the interview.
Can a child be told about other allegations made about the suspect?
The child can be told that other people have come forward with allegations about the suspect in question but this should usually be done after the child has given their statement. However personal details such as names and ages should usually remain anonymous from each other to protect the other victims who have come forward with reports of abuse against the suspect.
What happens after the investigation is conducted?
Once the allegations of child abuse have been investigated and the police have gathered all the relevant information, they will decide if there is enough evidence for a prosecution. If there is enough evidence to prosecute, the police will pass all the relevant information and evidence to the Crown Prosecution Service (CPS).
What will CPS do?
CPS will liaise with the police if they need additional evidence or if further enquiries need to be made. With child abuse cases, specialist prosecutors at CPS must look at all the relevant evidence provided and decide if there is a realistic prospect of conviction and if it is in the public’s interest to persecute. Witnesses and victims should also be offered support throughout the whole process.
CPS guidelines state that victims and witnesses should be made aware from the beginning of the investigation that they are expected to go to court to give evidence. Further CPS guidelines can be found using the link below.