Organised and Complex Abuse

Children who experience or are found to be at risk of harm from Organised and Complex Abuse (O & C Abuse) often present with multifaceted wellbeing, health, development and safeguarding needs due to:

• The serious nature of the allegations; 
• The number of children (and adults involved); 
• The multiple locations abuse may have occurred in; and 
• The extended timeframes over which the abuse may have occurred. 

In general, identified and/or suspected O & C Abuse requires a multi-agency, systematic and planned approach led by senior managers - see Jersey Safeguarding Partnership O & C Abuse Process Flow Chart Appendix 1 and Safeguarding Partnership Jersey, Forms.

In Jersey, effective safeguarding of children and young people relies on timely and appropriate information sharing. All practitioners have a legal and professional duty to share information to meet health and development needs and protect the welfare and safety of children. Practitioners must follow the Statutory Guidance on sharing information included in Children and Young People Jersey Law 2022 (supported by Data Protection (Jersey) Law 2018.) For a child considered to be at risk of harm from O & C Abuse, the legal basis to share information, is public function; and children identified as being at risk of O&C Abuse must be referred to the Children and Families Hub immediately upon identification of concerns.

It is recommended that parents or carers are not informed of the referral at the initial stage. They will be notified as soon as reasonably possible, following an urgent Strategy Discussion/Meeting involving Children's Social Care (CSC), the Police, and relevant multi-agency professionals. This meeting aims to assess the severity of the situation and determine the necessary actions to safeguard the children, while also managing sensitive information that may be critical to any investigation. From the point of investigation onward, all information sharing must be strictly on a "need to know" basis. Only individuals with a legitimate reason should have access to the information, to maintain confidentiality and safeguard sensitive details.

The term child is used within this document to describe persons under the age of 18.

The Jersey Safeguarding Partnership define O & C abuse, as:

"Abuse involving one or more adult abusers and a number of related or non-related abused children. It may take place in any setting, face to face or online. Children may experience multiple forms of abuse - physical, emotional, sexual abuse as well as neglect which includes omissions of care and/or they may be exploited.

Adult abusers may act alone or act together to abuse children. They may use institutional frameworks such as residential settings, care facilities, day care, places of education, health care settings, youth services, sports clubs, faith groups or voluntary organisations to gain access to children with the purpose of abusing them. Children may be abused via the use of technology, such as mobile phones, computers and games consoles and in particular social networking websites. The abuse may occur as part of a network of abuse across a family or across a community; it may be carried out locally, nationally or be part of a worldwide network.

It may be carried out by abusers who hold positions of celebrity, authority and trust, such as online influencers, teachers, coaches, carers, health care workers, police, faith group leaders (list not exhaustive.) Although in most cases of O & C Abuse the abuser will be an adult, it is possible adult abusers may have found means to recruit children for abuse and exploitation and may coerce them into harming other children, with or without being present themselves In all cases the abuse may be experienced currently or have been experienced by children and adults historically (non-recent.)" 

Incidents of O & C Abuse may vary in their characteristics, context and scale, this practice guidance reflects that whilst some instances will fall within the definition of O & C Abuse, they will not always be of the same scale or complexity and some cases may need to be investigated prior to defining them as O & C Abuse. 

Where children are found to be harming other children through O & C abuse, without the apparent presence of adult abusers, the consideration must always be given, as to whether they are also victims of abuse.

Children at risk of O & C Abuse may present with the following indicators:

• Multiple children at risk of harm (who may be related or not);
• There may be one identified adult abuser or a network of adult abusers (this may also include children who are involved in the harm of other children (if so consideration must always be given as to whether they are victims of abuse, neglect and exploitation);
• Adults who have acted in an organised way to gain access to children with the purpose of abusing them;
• Abuse, neglect or exploitation which has or may have happened in person (face to face) or by technological assistance (online);
• Current or historic (non-recent) abuse, neglect or exploitation;
• Adult abusers who hold a position of influence, trust or celebrity;
• Abuse which may be or has alleged to have happened in an establishment such as residential care, boarding schools, detention centres, hospitals, day care, youth service provisions, sports clubs, faith groups and voluntary groups (there may be other settings as this list is not exhaustive);
• On-line via the use of any device where children can access the internet, mobile phones, computers and/or through social networking sites and gaming.

As well as this there may be indicators of:

• Ritual abuse linked to faith and/or beliefs to aid or conceal abuse;
• Child exploitation linked to criminal and sexual abuse networks;
• The production of indecent images of children (some of which may be perceived as self-generated);
• Children who go missing.

See Jersey Safeguarding Partnership related practice guidance on - Recognising Abuse, Neglect and Exploitation, Child Abuse Linked to Faith or Belief, Unaccompanied Children, Forced Marriage, Female Genital Mutilation, Modern Slavery and Child Trafficking, Child Exploitation, Safeguarding Children from Technology Facilitated Abuse, Harmful Sexualised Behaviour, Children who go Missing from Care, Home and Places of Education and Education, Children Looked After and Living Away from Home, Children moving into and out of Jersey.

The early identification of O & C Abuse is vital and practitioners, should exercise professional curiosity, where they are unsure. Seeking immediate support from their Designated Safeguarding Leads, Registered Manager or Head of Service where they hold concerns. Knowing what to look for is vital, safeguarding training is a mandatory requirement and practitioners should seek safeguarding training where required - see Jersey Safeguarding Partnership Competency Training Framework and available Training.

The single most important consideration is the wellbeing, health, development and safety of the children involved. In reconciling the difference between the standard of evidence required for child protection purposes and the standard required for criminal proceedings, paramountcy must be given to the protection of children. Identification of children at risk of O & C Abuse may happen via disclosure from a child, from their presentations or behaviours and/or linked to their online activity and their described or observed contact with adult abusers.

Each child's needs may be different, where a multi-agency of professionals should follow a JCF Team around the Child (TAC) approach to meet their wellbeing, health and development needs and to continue to safeguard their welfare.

It is a priority of the Government of Jersey to involve children in decision making. Meeting the needs of children is built on a foundation of effective communication; children must feel confident they can talk to safe and trusted adults and be heard - see Participation Standards for Children and Young People.

Practitioners need to ensure they are able to fully communicate with children and their parents/carers. Where Interpreters, Registered Intermediaries, and Practitioners with Specialist Communications Skills are required, practitioners and agencies should use them to enable clear two way communication so they receive an equitable service - see Jersey Safeguarding Partnership Respecting and Capturing the Voice of the Child and Working with Interpreters, Registered Intermediaries and Practitioners with Special Communication Skills.

Any support offered to children and families where there has been a risk of O & C abuse must address their and their families inclusivity needs - racial, religious, cultural, language, sexual orientation and gender, together with any special needs the child or their parents/carers may have arising from disability, mental or physical health needs, substance use and/or learning difficulty - see Jersey Safeguarding Partnership Assessment, Safeguarding Disabled Children, Children of Parents with Learning Disability, Children of Parents with Mental Illness, Problematic Users of Substances (including alcohol).

A victim support strategy and protocol should be established at the outset.  Support will be required in the pre-trial, trial and post-trial period if the cases proceed to court, where minimum periods for contact with those who are to offer such support should be established in the Terms of Reference (TOR) for the specific case - see Jersey Safeguarding Partnership O & C ToR Template - Appendix 2. It is clear from experience in research from complex investigations that many families feel strongly that it is important that they remain in contact with the same staff throughout the investigative process. 

O & C Abuse investigations may include adults who report non-recent abuse (historical). Organisational responses, to allegations by an adult about the abuse they experienced as a child, must be of as high a standard as any response to current abuse - because:

• there is a significant likelihood that a person who abused children in the past will have continued and may still be doing so;
• criminal prosecution remains a possibility if sufficient evidence can be carefully collated.

Any practitioner who receives a disclosure from an adult, with regards to their experience of childhood abuse, must record what the person says, in their words. The person making the disclosure should be reassured that the police are able to investigate their complaints. They should be asked if they want a police investigation, especially where adults have care and support needs. They should be informed, that even if they do not want to pursue a complaint themselves, the police may still wish to investigate in the interest of public safety. In all cases, the practitioner receiving this information should share what they have been told with the police. The person receiving the disclosure should explain they have a duty to share the information they have received in the interest of public safety.

Any proceeding investigation will address allegations of non-recent abuse, where survivor support must be considered. 

Please see Jersey Safeguarding Partnership Organised and Complex Abuse Flow Chart Appendix 1.

Where practitioners identify indicators of O & C Abuse. The identifying practitioner must seek immediate safeguarding guidance from their Designated Safeguarding Lead (DSL), Registered Manager or Head of Service, responsible for Safeguarding. For those working in the smaller third sector organisations, this would be expected to be the manager who holds responsibility for safeguarding.  It is the role and responsibility of the DSL, manager or head of service to offer immediate safeguarding support and guidance, to determine if the known or perceived risk to the children meets the definition of O & C Abuse and holds identified indicators.

Where the risk to children meets the definition of O & C Abuse or is suspected, the identifying practitioner (with the support of their DSL, Registered Manager or Head of Service where required) must take immediate action:

• Where there is immediate risk of harm the practitioners should call the police by calling 999; and
• Immediately send a referral for each child identified at risk of O & C abuse to the Children and Families HUB;
• Where appropriate, the Jersey Designated Officer (JDO) should be informed - see Jersey Safeguarding Partnership Managing Allegations against staff.

Practitioners are advised to use a clear statement in their referral, for example - This child is or may be at risk of Organised and Complex Abuse because ...... Following this opening statement practitioners should then add the indicators they have identified using the definition as a guide.

When an enquiry is received by the Children and Families Hub which indicates children are at risk of O & C Abuse, the enquiry will immediately be triaged for a Multi-Agency Safeguarding HUB (MASH) response.

MASH will take the following immediate action on receipt of the Enquiry:

• MASH Police will inform the Superintendent or Chief of Police;
• MASH will refer to the Director of Children's Services, (ensuring both the Superintendent or Chief of Police and the Director of Children's Services are made immediately aware of the risks for the children involved);
• MASH will task outside agencies for information on the new cases for children who are not already open to Children's Social Care (CSC), ensuring strict confidentiality of the information shared at this point of time.

If there is suspicion any manager currently employed by a social care agency or a member of the police are implicated, the matter should be referred to the Director of Children Social Care, The Chief of Police (in their absence their nominated deputies).  Consideration should then be given to informing the Safeguarding Partners via the Jersey Safeguarding Partnership Business Team, where the specific complexities and resource implications may need to be considered quickly.

This practice guidance recognises some of the referrals received by MASH (even when following this guidance) may not meet the definition of O & C abuse, these cases should be managed through standard safeguarding arrangements. Any practitioner who has a professionally different view with the outcome of their referral should follow the Managing Differing Professional Views - Solution Finding Process - Stage One – Four.

For cases meeting the definition of O & C Abuse, the Director of Children's Services will begin the process of managing the children's cases by organising an urgent Strategy Discussion/Meeting. The Director of Children's Services (or their nominee) will chair the meeting. In attendance will be the Police Detective Chief Inspector (or their nominee), the Designate Lead Paediatrician (or their nominee), and operational managers from agencies with information to assist in determining the scale of the enquiry, including the referring agency and where applicable legal advisers and off island local authorities.

If there is an indication that practitioners including managers, currently employed by CSC, Police, Education or Health are implicated, these matters must be included in the information shared with the Director of Children's Social Care and the Detective Superintendent (or Chief of Police). Through joint decision making, the relevant agency will be advised (where they have not already done so), to make a referral to the Jersey Designated Officer for Children (JDO) and/or the Authorised Workforce Designated Officer for Adults (AWDO) - see Jersey Safeguarding Partnership Multi-Agency Managing Allegations Framework for Children and for Adults. Registered agencies must also inform the Jersey Care Commission (JCC) where members of staff are implicated and any other relevant bodies for education, social work, health or police are involved.

The Strategy Discussion/Meeting must be formally recorded.

The primary focus of the Strategy Discussion/Meeting is to meet the needs and safeguard the welfare of the children involved, to determine when and who will inform parents/carers of concerns for the welfare of their children and to determine the need for Article 42 Enquiries - see Jersey Safeguarding Partnership Article 42 Enquiries under the Minister's Duty to Investigate.

The Strategy Discussion/Meeting should take into account the likely impact on the children who have been harmed, suspected offender management and the community, in deciding whether an investigation or any course of action is proportionate to the aim. Factors which should be considered include the:

• extent or seriousness of the abuse, the potential and/or actual number of children involved; the complexity of the circumstances; seriousness of injury or abuse; strength of public concern/feeling; the affected community;
• context in which the abuse occurred (degree of organisation; ritual; paedophile ring; access to children; status of abusers, employer/volunteer or the institution involved).

The Strategy discussion/meeting must carefully consider:

• The information known to date;
• The children named;
• The children who may be in current contact with possible abusers;
• Children who may have been but are no longer in contact with possible abusers;
• Possible victims who are now adults;
• The immediate protective action required;
• What further information is required and arrange for its gathering;
• Starting an initial genogram and mapping exercise to determine the scale of the investigation and possible individuals implicated;
• The need for a senior management Gold Group, which includes consideration around the resource implications if a complex investigation is to be initiated. 

The children's needs remain paramount. The potential scale of the O & C Abuse may not be fully understood at this point as this depends on understanding the number, geographical spread and age range of children who may have been harmed.

There will be a need to understand the number of indicated individuals involved and to identify those who require interview, as well as those who may be employees, foster carers or volunteers for agencies who work with children and/or adults.

A strategy decision will need to be made by senior managers from the involved agencies as to whether the multi-agency input into the enquiries/investigation can be managed in the conventional way or whether a specialist approach is required with a dedicated team outside of services.

Where the strategy decision is that the risks for the children meet the criteria for O & C Abuse, this indicates the need for the Police to call a Gold Group; and set up the specialist approach required with a dedicated team of on island (and at times off island) specialists.

If in the strategy discussion/meeting it is unclear if the children are at risk of O & C Abuse. Then the children's cases should be managed through usual safeguarding arrangements. If following further enquiries/investigation of O & C Abuse is identified as a risk, the children's cases should again be considered through an urgent strategy meeting/discussion convened to consider the need to follow the O & C abuse process. 

If those in attendance at the Strategy Meeting/Discussion do not agree with outcomes they should clearly state their position at the time and come to agreement where possible. Where this is not possible they should bring their concerns forward following the Jersey Safeguarding Partnership Solution Finding practice guidance.

The investigation of O & C Abuse will be led by the police but also requires specialist skills from the multi-agency partners; this involves the formation of a constant group of senior managers, to consider the needs of the children through a Gold Group.

The Senior Investigating Officer in consultation with the Deputy Chief Officer will convene a Gold Group and invite senior members of staff from all agencies. Although it is not in the remit of the senior management group attending the Gold Group to direct investigations (this is led by the police,) information will be shared and a strategy agreed. 

A Gold Group, should be convened within five working days of the receipt of the enquiry or information. It is important Gold Group representatives are able to commit time/resources and should include staff with the ability to release resources. Attendees should include:

• The Director of Children's Services or nominated Senior Manager;
• The Chief Officer of Police or their nominated Deputy;
• A Senior Legal Adviser;
• Senior Health Representatives (e.g. DSLs, Lead paediatrician and/or Forensic Medical Examiner, Adult and Children's Mental Health);
• A Senior Manager from the Education Department and/ or the nominated DSL from Education;
• A Communication Officer;
• Where required, Senior Managers from agencies such as NSPCC, Dewberry House Sexual Assault Referral Centre (SARC), Family Nursing & Home Care, Probation and Prison. 

At the initial Gold Group and all subsequent meetings held in accordance with this guidance, minutes must be taken, detailing all decisions and actions, minutes must be classified "Restricted," where those minutes may be revealed to the prosecution, should criminal proceedings be undertaken. 

Where a Gold Group is set up, with regards to considering resource management and cost implications, the following actions should be taken:

• The Director of CSC should inform the Chief Executive of the Government of Jersey, the Children and Families Minister and the Chair of the Safeguarding Partnership Jersey;
• The nominated police representative should advise the Minister for Justice and Home Affairs.

Core membership of the Gold Group should remain constant throughout the investigation (although there may be a need to add other personnel as the investigation progresses.) 

The task and function of the Gold Group will vary and be subject to the ToR set to the case specifics - see example ToR Template for O & C Abuse Appendix 2. The TOR should include and agree:

• the forum where professionals will meet, exchange information and discuss the implementation of the agreed investigation strategy;
• a consistent strategy for the co-ordination of on island and off island interviewing of victims and families, perpetrators, along with the co-ordination of managing working together with off island authorities and international partners where required;
• how to keep Professional Leads informed of resources required and any anticipated shortfalls;
• a consistent and appropriate inter-agency approach to support victims and their families;
• means to co-ordinate the inter-agency response to families and provide consistent information;
• to ensure information is shared appropriately with other agencies not represented at the Gold Group;
• how to ensure clarity of roles and responsibilities for staff involved in the investigation.
• means to ensure investigators will have full access to all records and key information;
• means to ensure that relevant intelligence is passed between agencies and to the police Major Incident Room.

As a minimum Gold Group Attendees will:

• Complete the mapping process started by the Strategy Discussion/Meeting;
• Establish ownership of the strategic lead for the investigation;
• Decide the TOR and the accountability for the investigating team, including the parameters and timescales of their enquires and investigation - See Jersey Safeguarding Partnership O & C Abuse TOR Template;
• Bring together a team of people with necessary training, expertise and objectivity to manage and conduct the criminal investigation and/or Article 42 Enquiry on a day to day basis; N.B. Line managers or colleagues of any person implicated in the investigation must not be involved and the involvement of any person from the workplace under investigation must be considered with particular care;
• Decide whether there is a need for an independent team to investigate the allegations;
• Ensure that appropriate resources are deployed to the investigation including access to legal and other specialist advice, resources and information;
• Ensure that appropriate resources are available to meet the needs of children and families or adult survivors, including any specific health issues arising from abuse, neglect or exploitation;
• Ensure the investigating team are themselves supported with personal counselling if necessary and that issues of staff safety are addressed;
• Ensure that an appropriate venue is available for interviews and the interviews are conducted in accordance with Achieving Best Evidence Guidance;
• Liaise as necessary with the Law Office Department at an early stage before arranging services for a child in need of counselling or therapeutic help so that the help can be given in a way which is consistent with the conduct of the criminal investigation;
• Agree a communication strategy including the handling of political and media issues, and communication as necessary with Regulatory Authority;
• Ensure that records are kept safely and securely stored and a high level of confidentiality is maintained at all times;
• Hold regular strategic meetings and reviews, which must be recorded, to consider progress, including the effectiveness of the joint working, the need for additional resources and next steps.  

As a priority, consideration must be given on, how to ensure other children and where applicable adults, who may be in contact with the alleged perpetrators of the crime, are safeguarded.

The SOJ Police on most occasions will chair the Gold Group, however, this should be agreed by the Gold Group Members. The ToR of the Gold Group should be set to govern the future handling and security of the investigation; information sharing and a clear strategy regarding communication - see ToR Template.

Behind this structure there should be a Jersey Children's First (JCF) Team around the child (TAC) approach for each child with safety plans to meet their needs.

The investigative team may need access to a variety of records during the investigative process and the ToR should consider what information is required. Nominated practitioners should be advised to take the necessary steps to secure the records within each agency, (following principles of Data Protection (Jersey) Law 2018).

In some cases, it may be difficult to trace, use, manage and gain access to documentary information relevant to an investigation, in particular where the abuse is historic, all efforts should be made to enable access to information relevant to the investigation.

The media will be managed in a collaborative way between the States of Jersey Police and Children Young People and Education Service.

It is vital that all statements to the media are cleared at the level of the Gold Group in order that consistency is maintained throughout and all agencies are aware of what is being released into the public domain, and in what timescales. There are many legal restrictions governing what might be said to the media during the course of criminal and / or care proceedings, including any injunctions that might be in force. It is therefore essential that consideration is given to obtaining legal advice before any information is released to the media. 

It is essential that victims and their families are protected from the potential trauma that may be associated with media interest in their cases. All press releases must avoid identifying victims so that they may be shielded from media attention unless and until they need to attend court.

The primary aim of investigating O & C Abuse, is to ensure the safety and wellbeing of the children who have been harmed, whilst thoroughly investigating the allegations and holding perpetrators accountable. This involves a multi-agency approach, with the focus on protecting children, minimising disruption to their lives (as well as to minimising the disruption to the lives of the alleged offenders).

Gold Group Members should make steps to close of the O & C Abuse Management process when risks are such that children or adults cases can be managed through business as usual procedures. The police should call a final Gold Group where concluding information from the investigation and debriefing can be shared. There should be clearly understood perpetrator management and communication strategies.

At the conclusion stage, the leads for the Gold Group, should prepare an Overview Report outlining outcomes, which should then be shared with Safeguarding Partners and the Chair of Safeguarding Partnership Jersey for their understanding. 

Prior to closure of the O & Abuse Management Process, there should be clear and proportionate consideration given to the needs of the:

• Children, their siblings and families wellbeing, health and development needs, with a means to understand and capture their thoughts, feelings and feedback;
• Children, adults and their families, pre, during and post-trial;
• Support, counselling and debriefing practitioners, who have been directly involved in the investigation as well as other operational staff who have kept day to day services running, may require;
• Record Keeping - which may need to be kept, stored and secured relating to the case and the investigation;
• Media strategy - where there may be an island wide response;
• Learning - through Rapid/Serious Case Review - see Jersey Safeguarding Partnership Rapid Review/Serious Case Review (SCR).

Single Agency consideration must also be given to any disciplinary action and the need for referral to regulated bodies of any practitioners who may have been involved (where this has not already happened.)  The investigation of O & C Abuse is likely to identify individuals who are suspected of abuse but are not prosecuted and it is important adequate action is taken to protect children in the future where they continue to work with children in a childcare position, in the education service or with adults with care and support needs. The Waterhouse Enquiry advised where a person is not prosecuted the evidence and information should still be shared to support disciplinary proceedings and to enable, where appropriate, the referral of suspected abusers to the Disclosure and Barring Service (DBS) and relevant regulatory bodies.

Appendix 1: Organised and Complex (O&C) Abuse Process Flowchart.

Appendix 2: Terms of Reference (ToR) Template for cases involving Organised and Complex Abuse.