ROSELYN HOUSE SCHOOL

 

Sexual Violence and Sexual Harassment Policy

 

This policy is written with reference to Keeping Children Safe in Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024) (which has replaced the Withdrawn Sexual Violence and Sexual Harassment between Children in Schools and Colleges.  Advice for governing bodies, proprietors, headteachers, principals, senior leadership teams and Designated Safeguarding Leads September 2021. It should be read in conjunction with Roselyn House School Safeguarding Policy and the Ofsted Review into Sexual Abuse in Schools and Colleges carried out in 2021.

 

Review Findings

In the review which took place in 2021 the DfE outlined that Teachers and School leaders will be better supported to recognise sexual harassment and abuse and teach confidently about issues of consent, online pornography and healthy relationships.

School and College leaders will be encouraged to dedicate inset day time to help train staff on how to deal with sexual abuse and harassment among pupils and how to deliver the Government’s new compulsory Relationships, Sex and Health Education curriculum (RSHE).

Strengthened safeguarding guidance will also be introduced to boost teacher confidence in identifying and responding to these issues, as well as supervision to dedicated members of School and College staff in up to 10 more local authorities, whose role it is to identify safeguarding concerns among pupils, with a specific focus on sexual abuse.

The measures came as Ofsted published the findings from its thematic review into sexual abuse in education, commissioned by the Education Secretary in March 2021 following testimonies posted on the Everyone’s Invited website which highlighted cases of sexual abuse and harassment of children and young people, including in education settings.

The Education Secretary said:

Sexual abuse in any form is completely unacceptable. No young person should feel that this is a normal part of their daily lives – Schools are places of safety, not harmful behaviours that are tolerated instead of tackled.

Ofsted’s review has rightly highlighted where we can take specific and urgent action to address sexual abuse in education. But there are wider societal influences at play, meaning Schools and Colleges cannot be expected to tackle these issues alone.

By reflecting young people’s real experiences in what they are taught, I hope more people feel able to speak up where something isn’t right and call out activity that might previously have been written off as ‘normal’.

In its 8-week review, Ofsted looked at safeguarding measures in Schools and Colleges, as well as assessing whether extra support is needed for teaching about sex and relationships, working alongside Social Care, Police, victim support groups, education leaders and the Independent Schools Council.

Ofsted’s findings demonstrate that incidents of harassment and abuse have been ‘normalised’ by their frequency, with the majority of more than 900 children and young people surveyed experiencing some kind of unsolicited images or sexist comments – whether in person at School or College, or online or via mobile phone.

To address this, the then Education Secretary Gavin Williamson and Culture Secretary, Oliver Dowden asked the Children’s Commissioner Dame Rachel de Souza to join a roundtable discussion in the coming weeks with tech companies, law enforcement, children’s charities and Schools to talk about preventative measures ahead of legislation on age restrictions for app downloading and sharing, and how to support parents and children to make more informed and safer choices online.

Building on the work that the Government had set out in the Online Safety Bill, it follows a joint letter to Dame Rachel from Mr Williamson and Mr Dowden asking her to support the Government’s drive to protect children from harmful online content and to ensure the voices of children are heard and represented in this work.

This includes working with Schools, parents and charities to support them around building strong social norms against underage access to pornography, around children using the internet safely and educating those groups on the impact that some internet content can have on healthy sex and relationships.

Children’s Commissioner Rachel de Souza said:

The most fundamental responsibility that education settings have is to keep children safe. There needs to be a clear focus on preventing peer-on-peer abuse from happening in the first place, as well as providing timely and sensitive support to those affected. The contributors to ‘Everyone’s Invited’ showed great courage in sharing their stories of abuse and harassment. Now is the time for these stories to be met with action.

I am pleased to see Ofsted calling for a whole School and College approach to this issue and I look forward to working with them, the Department for Education, education settings and their safeguarding partners to help make the commitments and recommendations set out in this report a reality.

The Online Safety Bill will enshrine in law a ground-breaking new system of accountability and oversight of tech companies, where companies will need to prevent children from accessing and minimise inappropriate content, such as pornography and online bullying.

On 10 June 2021, the Department for Education confirmed it would take forward work to strengthen the RSHE curriculum so that teachers are clearer on when different elements should be taught, such as sharing images online and consent, as well as updating statutory guidance to ensure that the definitions used are in line with what students understand and experience.

In addition, to ensure continuity in the offer of a safe space for victims of sexual abuse to receive professional advice or to refer matters to authorities, the NSPCC ‘Abuse in Education’ helpline was developed. The NCPCC can still be contacted, by email on help@NSPCC.org.uk or a dedicated phoneline for adults, 0808 800 5000. Childline is available on 0800 1111.

Launched on April 1 2021 alongside the Ofsted Review, the helpline ensured that young people who may have experienced abuse at School or any other victim of recent or non-recent sexual abuse can receive the immediate support and guidance they require. As of 7 June 2021, the helpline had received 426 calls and helpline staff have made 80 referrals to external agencies like the Police or social services.

A trial already running in 30 areas was extended to up to 10 new local authorities to provide supervision for Designated Safeguarding Leads, working with up to a further 500 Schools, including independent Schools, with a specific focus on sexual abuse.

The programme aimed to strengthen support for Dedicated Safeguarding Leads, improve individual safeguarding practices and enable better joined up working across different agencies. The programme will also help build the evidence base on what works in supporting safeguarding leads. At the same time, work is underway to raise the profile of the role in the same way as the role of a SENCO.

All children have a right to be safe from sexual and other forms of abuse.

 

Background

Keeping Children Safe In Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024) outlines what sexual violence and sexual harassment is, how to minimise the risk of it occurring and what to do when it does occur, or is alleged to have occurred. It highlights best practice and cross-references other advice, statutory guidance and the legal framework. It is for individual Schools and Colleges to develop their own policies and procedures. It is important that policies and procedures are developed in line with their legal obligations, including the Human Rights Act 1998 and the Equality Act 2010, especially the Public Sector Equality Duty.

This policy should be read along with Roselyn House School Anti-Bullying Policy, Safeguarding Policy, Online Safety Policy, Single Equality Policy, Behaviour Policy and Personal Social Health Education (including Relationships and Sex Education (RSE) ), Culture, Citizenship and Community (including British Values) and Enterprise &Employability Curriculum Policy.

 

 

 

Aims

At Roselyn House School we aim to reflect sexual violence and sexual harassment in our whole School approach to safeguarding and in our Safeguarding and child protection policy.  We will update in light of changes to Keeping Children Safe in Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024) and continue to keep this Policy under review, particularly when reviewing our Relationship Education, Relationships and Sex Education (RSE), Personal Social Health and Economic (PSHE) and Pathway to Adulthood Curriculum. See Personal, Social, Health and Economic and Spiritual, Moral, Social and Cultural Development Policy and Pathway to Adulthood Curriculum Policy.

This Policy should be for the whole School and implemented by the Proprietors of KS Education Limited who are also the Headteacher and Deputy Headteacher of Roselyn House School.

This should be read as part of our approach to protecting children from sexual violence and sexual harassment.

 

Victims and alleged perpetrators

There are many different ways to describe children who have been subjected to sexual violence and/or sexual harassment and many ways to describe those who are alleged to have carried out any form of abuse.

For the purposes of this Policy, we use the term ‘victim’. It is a widely recognised and understood term. It is important that at Roselyn House School, we recognise that not everyone who has been subjected to sexual violence and/or sexual harassment considers themselves a victim or would want to be described in this way. Ultimately, we should be conscious of this when managing any incident and be prepared to use any term with which the individual child is most comfortable.

For the purpose of this Policy we use the term ‘alleged perpetrator’ and where appropriate ‘perpetrator’. These are widely used and recognised terms and the most appropriate to aid effective drafting of Policy. However, we should think very carefully about terminology, especially when speaking in front of children. As above, the use of appropriate terminology will be for us to determine, as appropriate, on a case-by-case basis.

 

Sexual violence and sexual harassment between children

Context

• Sexual violence and sexual harassment can occur between two children of any age and sex. It can also occur through a group of children sexually assaulting or sexually harassing a single child or group of children.
• Children who are victims of sexual violence and sexual harassment will likely find the experience stressful and distressing. This will, in all likelihood, adversely affect their educational attainment. Sexual violence and sexual harassment exist on a continuum and may overlap, they can occur online and offline (both physically and verbally) and are never acceptable. It is important that all victims are taken seriously and offered appropriate support.
• Reports of sexual violence and sexual harassment are extremely complex to manage. It is essential that victims are protected, offered appropriate support and every effort is made to ensure their education is not disrupted. It is also important that other children, adult students and School and College staff are supported and protected as appropriate.

 

The evidence based on Ofsted Review of sexual abuse in Schools and Colleges Published 10 June 2021

Nationally collected statistics show that there was a sharp increase in reporting of child sexual abuse to the Police in recent years. Figures that include all child sexual abuse cases show that the Police recorded over 83,000 child sexual abuse offences (including obscene publications) in the year ending March 2020.This is an increase of approximately 267% since 2013. Research estimates that approximately one quarter of cases of all child sexual abuse involve a perpetrator under the age of 18.

Although anyone can experience sexual harassment and violence, research indicates that girls are disproportionately affected. For example, 90% of recorded offences of rape in 2018–19 of 13- to 15-year-olds were committed against girls. In the past year, girls aged between 15 and 17 reported the highest annual rates of sexual abuse for young people and children aged 25 and younger.

It is hard to get an accurate picture of the scale and nature of sexual harassment and violence between children and young people in Schools and Colleges, as there is no centralised data collection of incidents and crime statistics are not published with a level of analysis to shed any light on this. It would be helpful if this information was available routinely.

In 2016, the Women and Equalities Select Committee highlighted a number of surveys reporting that girls were experiencing high levels of sexual harassment and sexual violence, including online, in Schools and Colleges. Similarly, a survey of children and young people in 2017 found that over a third of female students at mixed-sex secondary Schools have personally experienced some form of sexual harassment at School.

Three sources of information that were available for this review are: published School exclusions data, Ofsted complaints data and an FOI request made to the Police in 2015 by the BBC.

Published School exclusions data shows:

• In the 5 academic years to 2018/19, permanent exclusions for which the primary reason was sexual misconduct averaged 91 per year, 1.3% of all permanent exclusions.
• Most of these permanent exclusions were from secondary Schools. There are approximately 3,400 mainstream state-funded secondary Schools, so, if evenly spread, this would mean on average around 2% of secondaries currently make a permanent exclusion for this reason in any given year.
• While the total number of permanent exclusions increased during that period, there was no clear trend in the number of exclusions for sexual misconduct.
• In the same 5-year period, suspensions for which the primary reason was sexual misconduct averaged 2,100 per year, 0.6% of all suspensions.
• Again, most of these exclusions were from secondary Schools. As stated above, there are approximately 3,400 mainstream state-funded secondary Schools. So again, if evenly spread, this would mean on average 55% of secondaries currently make a suspension for this reason in any given year.
• In the latest reported year (2018/19), suspension for sexual misconduct fell by 13% relative to the average of the previous 4 years.
• Ofsted receives complaints from pupils and parents who have been unable to resolve complaints through local routes. Between September 2019 and March 2021, they received 291 complaints about Schools that referred to peer-on-peer sexual harassment or violence, including online sexual abuse, out of 13,834 complaints (2% of the total). ISI reports that between the same dates, it received 37 complaints about Schools that referred to peer-on-peer sexual harassment or violence, out of 618 complaints (6% of the total).
• In 2015, the Police responded to an FOI request and reported that nearly 4,000 alleged physical sexual assaults and more than 600 rapes in Schools had been reported in the preceding 3 years. Further discussions with the Police showed that the data included incidents involving adults and may also include some incidents reported by Schools but that took place outside School. The Police have told Ofsted that this data should therefore not be taken as an estimate of sexual assaults and rapes by pupils in Schools.
• The scope of this review was such that we cannot say anything about which children and young people are most likely to be targeted for sexual harassment and/or violence or about which are most likely to abuse others.

 

Sexual harassment and violence between peers and where perceptions differ

During the visits, Ofsted gathered the views of approximately 900 children and young people in focus groups. Of those, they surveyed just over 800 children and young people aged 13 and above about their perceptions of sexual harassment and sexual violence, including online sexual abuse.

Children and young people tended to talk about the issues that were the most common in their lives, which were typically sexual harassment and online sexual abuse. However, they are aware of the significant impact that sexual violence has on some children and young people’s lives and they heard several distressing examples from DSLs as part of this review.

The girls who responded to the questionnaire indicated that, in order of prevalence, the following types of harmful sexual behaviours happened ‘a lot’ or ‘sometimes’ between people their age:

Non-contact forms, but face-to-face:

• sexist name-calling (92%)
• rumours about their sexual activity (81%)
• unwanted or inappropriate comments of a sexual nature (80%)

Non-contact forms, online or on social media:

• being sent pictures or videos they did not want to see (88%)
• being put under pressure to provide sexual images of themselves (80%)
• having pictures or videos that they sent being shared more widely without their knowledge or consent (73%)
• being photographed or videoed without their knowledge or consent (59%)
• having pictures or videos of themselves that they did not know about being circulated (51%)

Contact forms:

• sexual assault of any kind (79%)
• feeling pressured to do sexual things that they did not want to (68%)
• unwanted touching (64%)

 

These findings are strongly supported by existing research into harmful sexual behaviour between peers.

Boys were much less likely to think these things happened, particularly contact forms of harmful sexual behaviour.

Generally, older teens (aged 16 and above) were more likely to say that sexual harassment and violence, including online, between peers was prevalent than younger teens (aged 13 to 15) were. For example, 79% of young people aged 16 to 17 and 86% of those aged 18 and above said that rumours about sexual activity occurred a lot or sometimes between peers compared with 61% of those aged 13 to 15. Similarly, 54% of those aged 16 and above said unwanted touching occurred a lot or sometimes, compared with 40% of 13- to 15-year-olds. While figures are high for both groups, this increase could suggest that sexual harassment and violence, including online, happen more as children and young people grow older, or that they become more aware of them.

In terms of sexualised language, children and young people told us that ‘slag’ and ‘slut’ were commonplace and that homophobic language was also used in School. Many felt that staff either were not aware of this language, dismissed it as ‘banter’ or simply were not prepared to tackle it. Many also commented that they would be wary of tackling their peers’ use of this language, even when they did not feel comfortable with such terms. Sometimes, children and young people themselves saw the use of derogatory language as ‘banter’ or ‘just a joke’. In one School, the girls spoke of lots of ‘cat calling’, often focused on their bodies, their hair colour, their size or whether they were wearing glasses. In another, girls said that boys used terms such as ‘flat, curvy or sick’ to describe them and girls found this derogatory. In another, children and young people reported boys giving girls marks out of 10 based on their physical appearance while they were travelling to and from School together.

Some children, young people and staff mentioned sexual and sexist comments happening in corridors. Some girls felt uncomfortable when boys walked behind them up stairs and in stairwells where people can see up their skirts from below.

Boys in another School said that they felt anxious when walking behind girls or women, including out of School, as they did not want the girls to feel at risk, so tended to cross the road or move away.

In another School, girls said that they were ‘touched up’ regularly in crowded corridors. Some named the areas of the College or School where they felt wary of being – either because they were out of sight of staff or because they felt uncomfortable with the people who ‘hang around’ there.

Overall, children and young people tended to say that they felt physically safe at College or School, although there was a clear emotional impact on girls who experienced regular sexual harassment or other harmful sexual behaviour.

Some Schools on visits had existing LGBT+ pupil groups that were willing to speak to us. LGBT+ children and young people in those groups also reported a big gap between staff’s knowledge of incidents and their daily experience of harmful sexual behaviour. Homophobic and transphobic insults and bullying in corridors and classrooms and at social times were mentioned as issues in several Schools. Some LGBT+ children and young people reported constant verbal abuse and occasional physical assault, which left them feeling physically unsafe.

 

Sexual abuse between peers online

Previous research indicated that children and young people who are sending nudes and semi-nudes are in the minority. For example, research in 2017 indicated that 26% of young people had sent a nude image to someone they were interested in and 48% had received one off someone else. However, more recent data on youth-produced sexual imagery for under-18s indicates that they are increasingly taking photos and videos of themselves to send to others. This includes incidents where they are groomed by adults to do so.

Data from the Internet Watch Foundation (IWF) shows a sharp increase in online sexual abuse images involving young people, which it partially attributes to a rise in the sharing of ‘self-generated’ content. In the first 6 months of 2020, 44% of all child sexual abuse content dealt with by the IWF was assessed as containing self-generated images or videos, compared with 29% in 2019. The proliferation of online imagery makes it a challenge for researchers, multi-agency partners and Schools to keep up, despite recent government guidance.

Children and young people explained that online forms of sexual abuse were prevalent, especially being sent sexual pictures or videos that they did not want to see. The vast majority of girls said being sent sexual images, being coerced into sharing images, or having their images reshared were common. A significant proportion of boys agreed. In terms of definitions, being sent sexual pictures of images that children and young people do not want to see includes both explicit online material, such as pornographic videos, or self-generated images or videos, such as ‘dick pics’.

Images and videos were typically shared on platforms such as WhatsApp or Snapchat.

Although some School leaders defined online sexual harassment as ‘happening out of School’, Ofsted saw some clear evidence of how online sexual harassment has a significant impact on the normalisation of harmful sexual behaviour and unhealthy cultures within School. This was something that the victims’ groups they spoke to also highlighted. In one School, for example, children and young people told inspectors that ‘boys talk about whose “nudes” they have and share them among themselves – it’s like a collection game’. Many children and young people told inspectors that this behaviour was so commonplace that they just saw it as a ‘part of life’. One Year 12 student said, ‘The problem is that it’s so widespread it’s like playing whack-a-mole.’

Girls talked about boys being very persistent when asking for images – ‘they just won’t take no for an answer’ – some explained that if you block them on social media ‘they just create multiple accounts to harass you’. In one School, the girls spoken to by inspectors reported that some girls can be contacted by up to 10 or 11 different boys a night to be asked for nude/semi-nude images. Some children and young people thought that it was ‘ok’ and ‘acceptable’ to ask someone for a nude picture, but had been taught to think about who else might see the pictures apart from the original recipient, and not to share them further.

Some girls expressed frustration that there was not explicit teaching of what was acceptable and unacceptable behaviour. They felt that the need to educate peers had been left to them. One girl said: ‘It shouldn’t be our responsibility to educate boys.’ A minority of boys felt that gender stereotyping meant that they were being made to ‘feel guilty all the time’ and that they were being unfairly blamed for things they had not done. Nearly half of boys also said that being sent sexual images or videos they did not want to see was something that happened ‘a lot’ or ‘sometimes’ to them or their peers.

Research in this area indicates that, while most secondary School pupils recognise the harm that sexual approaches from adult strangers online bring, there is less clarity about what constitutes sexual harm within the context of peer relationships or existing online networks. This shows the need for a whole-School approach that tackles sexual harassment and online sexual abuse proactively. This should include a well-sequenced RSHE curriculum, which incorporates time for open discussion of areas that children and young people tell us they are finding particularly difficult.

There is some evidence that suggests access to technology and the sharing of inappropriate images and videos are also issues in primary Schools.

Leaders spoken to also highlighted the problems that easy access to pornography had created and how pornography had set unhealthy expectations of sexual relationships and shaped children and young people’s perceptions of women and girls. Evidence suggests that nearly half (48%) of 11- to 16-year-olds in the UK have viewed pornography. Of these, boys were approximately twice as likely as girls to have actively searched for it. However, 60% of 11- to 13-year-olds who had seen pornography said their viewing of pornography was mostly unintentional.

A recent survey of over 1,000 undergraduates found that one third said they have ‘learned more about sex from pornography than from formal education’. While research indicates that most children and young people recognise that pornography is unrealistic, a high percentage of them reported that they had used pornography as a source of information to learn about sex and sexual relationships in the past 12 months (60% of young men and 41% of young women). This is problematic when research indicates that much pornography depicts men as aggressive and controlling and women as submissive and sexually objectified.

Although there is insufficient evidence to demonstrate that viewing pornography leads directly to harmful sexual behaviours, there is evidence to suggest that young people appear to become desensitised to its content over time and that it can shape unhealthy attitudes, such as acceptance of sexual aggression towards women. More frequent consumption of pornography is also associated with victim-blaming attitudes. For example, it may lead to the belief that if a woman is affected by alcohol or drugs, she is at least partly responsible for whatever happens to her.

When children and young people talked to Ofsted about online sexual abuse, they did not use the terms that government guidance did. It can be difficult to address issues when the definitions are not up to date or are grouped unhelpfully. For example, ‘Keeping Children Safe in Education’ uses the phrase ‘sexting’ for online sexual abuse. None of the children and young people who were spoken to used this phrase and it appears to be out of date. In any future updates of government guidance, the full range of children and young people’s experiences should be reflected in the language used. Clearer categories of the types of sexual harassment and online sexual abuse would also be helpful for professionals.

 

Sexual abuse outside School

Children and young people in several Schools reported that harmful sexual behaviour happens at house parties, without adults present, and that alcohol and drugs are often involved. In one School, leaders talked about parties that have happened when parents have left children and young people unsupervised and they ‘are allowed to see, do and hear what they want’. In another, governors talked about a culture of ‘affluent neglect’ and leaders said that some parents bought alcohol for their children to have at parties when they were away. It is important to note, however, that incidents of harmful sexual behaviour or unhealthy cultures were certainly not confined to ‘affluent’ children or young people.

An analysis of key words in the 2,030 publicly available testimonies on the Everyone’s Invited website found that a third (670) mentioned drugs or alcohol. Of these, words equating to ‘drunk’, ‘party’, alcohol or names of different types of alcohol and ‘drinking’ featured in the most testimonies. These findings should be treated with caution as they are not representative. They do, however, give an insight into the experiences of some children and young people.

Some children, young people and leaders also identified parks as places where sexual harassment and violence took place.

In a minority of Schools, children, young people and leaders talked specifically about cultural factors that contributed to boys’ harmful sexual behaviour. One Year 12 boy talking about other boys told inspectors: ‘Essentially, they only spend time with boys, then hit puberty and start going to parties with booze and drugs and girls, and they don’t know how to handle it. And some of the boys are very wealthy and have never been told “no” before.’ In another School, girls similarly told inspectors that some of the boys had a sense of entitlement and had never ‘been told no’. They talked about a sense of ‘male superiority’ in the School. In another School, children and young people said that harmful sexual behaviours occurred outside School at parties but that victims did not want to disclose it because of the ‘power and money culture’ within which they live. As one girl put it, ‘victims do not want to commit social or career suicide’. These findings point to the power dynamics that are often present where there are sexual harassment and sexual violence, including online. These dynamics and social hierarchies are present across all School types.

Not many children and young people spoke about sexual abuse in relationships, although in one School they mentioned that incidents sometimes occurred between peers in established relationships, where ‘things go too far’ or ‘go over the line’. Some children and young people also talked about wanting to know more about issues around consent in established relationships. Textual analysis of the publicly available testimonies on the Everyone’s Invited website indicates that, where a relationship to the perpetrator is named, around two thirds of the testimonies say that the perpetrator was known to them and around a fifth was a boyfriend. Evidence suggests that early experience of dating and relationship violence is associated with subsequent adverse outcomes, such as suicidal behaviours, other mental health problems and low educational attainment.

Girls talked about feeling uncomfortable because of behaviour from peers on bus journeys (including School buses), where they said they experienced the kind of sexual harassment and bullying behaviour that happened in School. Girls in one School, for example, said that boys often made ‘rape jokes’ on the School bus. More widely, some children and young people said they did not feel safe from strangers on trains or in parks, alleys, car parks and side streets. Some girls in particular said that feeling unsafe in these situations was pervasive. One girl said that a man had deliberately brushed her younger sister’s leg recently and another girl had told her sister to get used to it as ‘this is what happens’. Younger girls aged 12 to 13 in another School said that they felt uncomfortable walking through town in their uniforms. Evidence from other research also indicates that this is an issue. A recent survey of girls and young women aged 13 to 21 found that more than half have felt unsafe walking home alone and had experienced harassment or know someone who has, and nearly half feel unsafe using public transport.

 

At Roselyn House School we adopt a whole School approach and make it clear that sexual violence and sexual harassment is not acceptable and will never be tolerated and is not an inevitable part of growing up.

We,

• will not tolerate or dismiss sexual violence or sexual harassment as “banter”, “part of growing up”, “just having a laugh” or “boys being boys”;
• will challenge behaviour (potentially criminal in nature), such as grabbing bottoms, breasts and genitalia and flicking bras and lifting up skirts.

Dismissing or tolerating such behaviours risks normalising them; and understanding that all of the above can be driven by wider societal factors beyond the Roselyn House School, such as everyday sexist stereotypes and everyday sexist language. This is why through our PSHE, RSHE, RHS etc, SEAL and Pathway to Adulthood Curriculums we take a preventative whole School approach, which is important to challenge.

All of our students at Roselyn House School have an EHCP and we recognise that children and young people with Special Educational Needs and Disabilities (SEND) are three times more likely to be abused than their peers. We recognise that additional barriers can exist and work closely within School with our DSL’s and SENDO. We do not make assumptions that a young person’s SEND impacts any disclosure and explore without prejudice and with an understanding of the individual’s needs. (See SEND Policy, Anti-Bullying Policy and Safeguarding Policy).

Children and young people who are lesbian, gay, bi, or trans (LGBT+) can be targeted by their peers. In some cases, a child who is perceived by their peers to be LGBT+ (whether they are or not) can be just as vulnerable as children who identify as LGBT+.

We are aware that staff can also be victims of sexual violence and sexual harassment. Roselyn House School have arrangements in place to protect our staff from such abuse, including clear reporting and support mechanisms.

 

Sexual violence

It is important that everyone at Roselyn House School are aware of sexual violence and the fact Children/young people can, and sometimes do, abuse their peers in this way. When referring to sexual violence in this Policy, we do so in the context of child on child sexual violence. For the purpose of this Policy, when referring to sexual violence we are referring to sexual offences under the Sexual Offences Act 2003 as described below:

• Rape: A person (A) commits an offence of rape if: he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration and A does not reasonably believe that B consents.
• Assault by Penetration: A person (A) commits an offence if: s/he intentionally penetrates the vagina or anus of another person (B) with a part of her/his body or anything else, the penetration is sexual, B does not consent to the penetration and A does not reasonably believe that B consents.
• Sexual Assault: A person (A) commits an offence of sexual assault if: s/he intentionally touches another person (B), the touching is sexual, B does not consent to the touching and A does not reasonably believe that B consents.

 

Consent

Consent is about having the freedom and capacity to choose. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice.

• a child under the age of 13 can never consent to any sexual activity;
• the age of consent is 16;
• sexual intercourse without consent is rape.

It is important for all School staff (and especially Designated Safeguarding Leads and their deputies) understand consent. This is especially important if a child/ young person is reporting they have been raped.

At Roselyn House School we teach about consent in our PSHE and RSHE Curriculum. There is further advice from the PSHE association and lesson plans to teach consent at Key stage 3 and 4.

CPS Guidance explains why under 13s are given additional protections in law due to their age and vulnerability. It is important to differentiate between consensual sexual activity between children of a similar age and that which involves any power imbalance, coercion or exploitation. Due to their additional training, the Designated Safeguarding Lead (or deputy’s) lead Roselyn House School response following Safeguarding Policy.

 

Sexual harassment

Sexual harassment means: ‘unwanted conduct of a sexual nature’ that can occur online and offline. When we reference sexual harassment, we do so in the context of child on child sexual harassment. Sexual harassment is likely to: violate a child’s dignity, and/or make them feel intimidated, degraded or humiliated and/or create a hostile, offensive or sexualised environment.

Sexual harassment can include:

• sexual comments, such as: telling sexual stories, making lewd comments, making
• sexual remarks about clothes and appearance and calling someone sexualised names;
• sexual “jokes” or taunting;
• physical behaviour, such as: deliberately brushing against someone, interfering with someone’s clothes (Schools and Colleges should be considering when any of this crosses a line into sexual violence - it is important to talk to and consider the experience of the victim) and displaying pictures, photos or drawings of a sexual nature; and online sexual harassment. This may be standalone, or part of a wider pattern of sexual harassment and/or sexual violence.

It may include:

• non-consensual sharing of sexual images and videos. (UKCCIS sexting advice provides detailed advice for Schools and Colleges);
• sexualised online bullying;
• unwanted sexual comments and messages, including, on social media; and
• sexual exploitation; coercion and threats.

It is important that we at Roselyn House School consider sexual harassment in broad terms. Sexual harassment (as set out above) creates an atmosphere that, if not challenged, can normalise inappropriate behaviours and provide an environment that may lead to sexual violence.

 

Harmful sexual behaviour

Children/ Young People’s sexual behaviour exists on a wide continuum, from normal and developmentally expected to inappropriate, problematic, abusive and violent. Problematic, abusive and violent sexual behaviour is developmentally inappropriate and may cause developmental damage. A useful umbrella term is “harmful sexual behaviour”. The term has been widely adopted in child protection and is used in this advice. Harmful sexual behaviour can occur online and/or offline and can also occur simultaneously between the two. Harmful sexual behaviour should be considered in a child protection context.

When considering harmful sexual behaviour, ages and the stages of development of the children are critical factors to consider. Sexual behaviour between children can be considered harmful if one of the children is much older, particularly if there is more than two years’ difference or if one of the children is pre-pubescent and the other is not.

However, a younger child can abuse an older child, particularly if they have power over them, for example, if the older child is disabled or smaller in stature. See NSPCC: Harmful sexual behaviour for more information on what is harmful sexual behaviour.

Detailed advice on harmful sexual behaviour is available from the specialist sexual violence sector: contact Rape Crisis or the Survivors Trust for details of the nearest centre. NICE guidance for advice on, amongst other things: developing interventions; working with families and carers; and multi-agency working. The University of Bedfordshire has developed a range of resources to support Schools and Colleges to address harmful sexual behaviour, see: HSB Resources. The Brook sexual behaviours traffic light tool can help when considering harmful sexual behaviour.

Our Designated Safeguarding Leads (and their deputies) have a good understanding of harmful sexual behaviour. This is part of their safeguarding training at Roselyn House School. This assists in planning preventative education which is designed by the Deputy Head, Mr Birkenhead and the Headteacher, Miss Damerall who are both also DSL’s, implementing preventative measures, drafting and implementing an effective child protection policy and incorporating the approach to sexual violence and sexual harassment into the whole School or College approach to safeguarding.

Harmful sexual behaviour can, in some cases, progress on a continuum. Addressing inappropriate behaviour can be an important intervention that helps prevent problematic, abusive and/or violent behaviour in the future. Children displaying harmful sexual behaviour have often experienced their own abuse and trauma.

It is important that they are offered appropriate support. We have the use of trained therapists in this area available.

Roselyn House School has a statutory duty to safeguard and promote the welfare of our young people. As part of this duty, we are required to have regard to guidance issued by the Secretary of State and must have regard to Keeping Children Safe in Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024) and Working Together to Safeguard Children 2018.

We are required by law to have a Behaviour policy and measures in place to prevent all forms of bullying through our Anti-Bullying Policy.

We teach sex and relationship health education (SRHE) and follow the SRE Statutory Guidance. See Personal, Social, Health and Economic Education and Spiritual, Moral, Social and Cultural Development Policy.

At Roselyn House School we are aware of our obligations under the Human Rights Act 1998 (HRA).  It is unlawful for Schools and Colleges to act in a way that is incompatible with the European Convention on Human Rights. These rights include:

• Article 3: the right to freedom from inhuman and degrading treatment (an absolute right);
• Article 8: the right to respect for private and family life (a qualified right) includes a duty to protect individuals’ physical and psychological integrity;
• The Education (Independent School Standards) Regulations 2014 apply a duty to proprietors of independent Schools to ensure that arrangements are made to safeguard and promote the welfare of children.
• In accordance with the approval given by the Secretary of State. For Colleges, non-maintained special Schools and independent Schools, the definition of ‘children’ applies to the statutory responsibilities for safeguarding and promoting the welfare of children i.e. those under 18.
• Under Section 175 of the Education Act 2002, the Education (Independent School Standards) Regulations 2014 and the Non Maintained Special Schools (England) Regulations 2015.
• Behaviour-and-discipline-in-Schools-guidance-for-governing-bodies
• Supplementary guidance is available from PSHE Association, Brook and the Sex Education Forum.
• Article 14: requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination;
• Protocol 1, Article 2: protects the right to an effective education.

Being subjected to sexual violence or sexual harassment may breach any or all of these rights, depending on the nature of the conduct and the circumstances.

• Schools and Colleges are required to comply with relevant requirements as set out in the Equality Act 2010 (the Equality Act) see advice for Schools and advice for further and higher education.

According to the Equality Act, Schools and Colleges must not unlawfully discriminate against pupils because of their sex, race, disability, religion or belief, gender reassignment, pregnancy or sexual orientation (protected characteristics). Whilst all of the above protections are important, in the context of this advice Schools and Colleges should carefully consider how they are supporting their pupils with regard to their sex, sexuality and if appropriate gender reassignment.

Provisions within the Equality Act allow Schools and Colleges to take positive action, where it can be shown that it is proportionate, to deal with particular disadvantages affecting one group. A School or College, could, for example, consider taking positive action to support girls if there was evidence they were being disproportionately subjected to sexual violence or sexual harassment.

 

Considerations

At Roselyn House School we consider the makeup of our own student body, including the gender and age range of our students, and whether additional support for young people with protected characteristics (who are potentially at greater risk) is appropriate. For example, this policy reflects the gendered nature abuse can take. The evidence shows that girls are more likely to be subject to sexual violence and sexual harassment than boys, and that boys are more likely to perpetrate such violence and harassment. On this basis we talk openly about and encourage healthy and respectful relationships between boys and girls including through Relationship and Sex Education, Personal Social Health and Economic and Enterprise and Employability education. We challenge stereotypes and encourage young people to become enquiring learners and take a whole School approach. We embrace diversity and inclusion and invite everyone to discuss and challenge. We are a Silver Stonewall School.

We ensure that our response to sexual violence and sexual harassment between children of the same sex is equally robust as it is for sexual violence and sexual harassment between children of the opposite sex.

 

A whole School approach to preventing child on child sexual violence and sexual harassment

At Roselyn House School, we take a whole School approach to safeguarding and child protection. This means involving everyone in the School including proprietors, all the staff, children, adult students and parents and carers.

Safeguarding and child protection is a recurrent theme running through policies and procedures, curriculum and everyday life at Roselyn House School. Our approach to sexual violence and sexual harassment is part of the broader approach to safeguarding.

Our safeguarding procedures with regard to sexual violence and sexual harassment are transparent, clear and easy to understand for staff, pupils, students, parents and carers. This Policy is available on the School website and annual updated versions sent to Parents/Carers and staff. We have 5 DSL’s across the School.

 

Contextual Safeguarding

We recognise that Safeguarding incidents and/or behaviours can be associated with factors outside the Roselyn House School and/or can occur between children outside of the School or College. All staff, but especially the Designated Safeguarding Leads (or deputies) consider the context within which such incidents and/or behaviours occur. This is known as contextual safeguarding, which simply means assessments of children should consider whether wider environmental factors are present in a child’s life that are a threat to their safety and/or welfare. Children’s Social Care assessments should consider such factors so it is important that Schools and Colleges provide as much information as possible as part of the referral process. This will allow any assessment to consider all the available evidence and the full context of any abuse. Additional information regarding contextual safeguarding is available in our Safeguarding Policy.

 

Safeguarding training

All staff receive Safeguarding training on induction and then are trained annually at Roselyn House School. In addition to this training specific training is given in sexual abuse/ sexual harassment.  Staff are aware of Part One of Keeping Children Safe in Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024), as part of their child protection and safeguarding training, and are aware of the different types of abuse and neglect. Staff know what to do if they have a concern about a child, how to respond to a report of abuse, how to offer support to children and where to go to if they need support. Each site has DSL staff and we use CPoms to record safeguarding concerns.

 

The role of education in prevention

At Roselyn House School, we understand the important role in preventative education. Keeping Children Safe in Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024) sets out that all Schools and Colleges should ensure children are taught about safeguarding, including how to stay safe online. We have this as a planned curriculum as part of a whole School approach through PSHE, RSHE, E and E, SEAL and Pathway to Adulthood Programmes. This provides a challenging broad and balanced curriculum, where we help our students to prepare for life in modern Britain/ The World. We are realistic in our response and promote discussion and debate with a mutually respectful approach. We have clear values and high expectations of our students mirrored in our Behaviour Policy and our SEAL and wellbeing programmes. We have a supportive network expected of all in the School. Our programmes are age and stage development appropriate and tackle such issues as :

• healthy and respectful relationships;
• what respectful behaviour looks like;
• consent;
• gender roles, stereotyping, equality;
• body confidence and self-esteem;
• prejudiced behaviour;
• that sexual violence and sexual harassment is always wrong; and
• addressing cultures of sexual harassment.

At times, given an open forum to discuss, young people will disclose and this will lead to Safeguarding. Students are made aware of procedures for reporting concerns and staff are trained to support in this instance.

 

Specialist support and interventions

Whilst staff at Roselyn House School are trained, as part of our approach to sexual violence and sexual harassment, we consider carefully if external input is necessary. This might be to train and/or support our staff, teach our young people and/or provide support to our young people.

Specialist organisations can offer a different perspective and expert knowledge. Roselyn House School will only used accredited organisations in the area.

 

Support for Schools and Colleges

Reports of sexual violence and sexual harassment are likely to be complex, requiring difficult professional decisions to be made, often quickly and under pressure. Pre-planning, effective training and effective policies provide Roselyn House School  with the foundation for a calm, considered and appropriate response to any report. Decisions are made on a case-by-case basis by the Designated Safeguarding Leads (or a deputies) taking a leading role, using their professional judgement and being supported by other agencies, such as Children’s Social Care and the Police as required.

We are not alone in dealing with sexual violence and sexual harassment.

• Working Together to Safeguard Children sets out details of the wider child protection system, inter-agency working and Schools’ and Colleges’ role in it.
• Part One of Keeping Children Safe in Education 2023 (which all School and College staff should read) (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2025) and What to do if you're worried a child is being abused provide information for all staff on indicators to look out for and advice on what they should do if they have concerns about a child.
• The Police will be important partners where a crime might have been committed.
• Where a report of rape, assault by penetration or sexual assault is made, the starting principle is that this should be referred on to the Police. Whilst the age of criminal responsibility is ten, if the alleged perpetrator is under ten, the starting principle of reporting to the Police remains. The Police will take a welfare, rather than a criminal justice approach in these cases.
• Referrals to the Police will often be a natural progression of making a referral to Children’s Social Care. The Designated Safeguarding Leads (or a deputies) should be leading the Schools or College’s response and should be aware of the local process for referrals to Children’s Social Care and making referrals to the Police. (See Safeguarding Policy)
• The NSPCC provides a helpline for professionals at 0808 800 5000 and help@nspcc.org.uk. The helpline provides expert advice and support for School and College staff and will be especially useful for the Designated Safeguarding Leads (and their deputies).
• Support from specialist sexual violence sector organisations such as Rape Crisis or The Survivors Trust.
• The Anti-Bullying Alliance has developed guidance for Schools about preventing and responding to sexual bullying.
• Online: Schools and Colleges should recognise that sexual violence and sexual harassment occurring online (either in isolation or in connection to offline incidents) can introduce a number of complex factors. These include the potential for the incident to take place across a number of social media platforms and services, and for things to move from platform to platform online. It also includes the potential for the impact of the incident to extend further than a Schools or College’s local community (e.g. for images or content to be shared around neighbouring Schools/Colleges) and for a victim (or alleged perpetrator) to become marginalised and excluded by both online and offline communities. There is also the strong potential for repeat victimisation in the future if abusive content continues to exist somewhere online.

Online concerns can be especially complicated. Support is available at:

• The UK Safer Internet Centre provides an online safety helpline for professionals at 0344 381 4772 and helpline@saferinternet.org.uk. The helpline provides expert advice and support for School and College staff with regard to online safety issues and will be especially useful for the Designated Safeguarding Leads (and their deputies) when a report of sexual violence or sexual harassment includes an online element.
• Internet Watch Foundation: If the incident/report involves sexual images or videos that have been made and circulated online, the victim can be supported to get the images removed through the Internet Watch Foundation (IWF). The IWF will make an assessment of whether the image is illegal in line with UK Law. If the image is assessed to be illegal, it will be removed and added to the IWF’s Image Hash list.
• UKCCIS Sexting advice: Sharing indecent images of a child (including by children) is a crime: UKCCIS advice provides support to Schools and Colleges in responding to reports of sexting (also known as youth produced sexual imagery).
• Thinkuknow from CEOP provides support for the children’s workforce, parents and carers on staying safe online.

In order to be prepared in the development of this Policy, the Headteacher will find out what local support can be accessed when sexual violence or sexual harassment has occurred. It is important to prepare for this in advance and review this information on a regular basis to ensure it is up to date.

As such:

• if required, the Designated Safeguarding Leads (or a deputies) should discuss the local response to sexual violence and sexual harassment with Police and Children’s Social Care colleagues in order to prepare the Schools or College’s policies (especially the child protection policy) and responses; and
• the Designated Safeguarding Lead (and their deputies) should be confident as to what local specialist support is available to support all of the children involved (including victims and alleged perpetrators) in sexual violence and sexual harassment and be confident as to how to access this support when required.

 

Responding to the CPoms report

Roselyn House School’s initial response to a report from a child is important. It is essential that all victims are reassured that they are being taken seriously and that they will be supported and kept safe. A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. Nor should a victim ever be made to feel ashamed for making a report.

In some cases, the victim may not make a direct report. For example, a friend may make a report or a member of School or College staff may overhear a conversation that suggests a child has been harmed. As with all safeguarding concerns, it is important that in such instances staff take appropriate action in accordance with our child protection policy. They should not assume that someone else is responding to any incident or concern. If in any doubt, they should speak to the Designated Safeguarding Leads (or a deputies). In such cases, the basic safeguarding principles remain the same, but it is important for Roselyn House School to understand why the victim has chosen not to make a report themselves. This discussion should be handled sensitively and with the support of Children’s Social Care if required.

There may be reports where the alleged sexual violence or sexual harassment involves pupils or students from the same School, but is alleged to have taken place away from the School or College premises, or online. There may also be reports where the children concerned attends two or more different Schools or Colleges. The safeguarding principles, and individual Schools’ and Colleges’ duties to safeguard and promote the welfare of their pupils and students, remain the same. In such circumstances, appropriate information sharing and effective multi-agency working will be especially important.

 

As per Part One of Keeping Children Safe in Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024), all staff should be trained to manage a report. This includes:

• not promising confidentiality at this initial stage as it is very likely a concern will have to be shared further (for example, with the Designated Safeguarding Lead or Children’s Social Care) to discuss next steps. Staff should only share the report with those people who are necessary in order to progress it. It is important that the victim understands what the next steps will be and who the report will be passed to;
• recognising a child is likely to disclose information to someone they trust: this could be anyone on the School or College staff. It is important that the person to whom the child discloses recognises that the child has placed them in a position of trust. They should be supportive and respectful of the child;
• listening carefully to the child, being non-judgmental, being clear about boundaries and how the report will be progressed, not asking leading questions and only prompting the child where necessary with open questions – where, when, what, etc;
• considering the best way to make a record of the report. Best practice is to wait until the end of the report and immediately write up a thorough summary and adding it to CPoms. This allows the staff member to devote their full attention to the child and to listen to what they are saying. It may be appropriate to make notes, especially if a second member of staff is present. However, if making notes, staff should be conscious of the need to remain engaged with the child and not appear distracted by the note taking. Either way, it is essential a written record is made;
• only recording the facts as the child presents them. The notes should not reflect the personal opinion of the note taker. Schools and Colleges should be aware that notes of such reports could become part of a statutory assessment by Children’s Social Care and/or part of a criminal investigation;
• where the report includes an online element, being aware of searching screening and confiscation advice (for Schools) and UKCCIS sexting advice (for Schools and Colleges). See Safeguarding Policy. The key consideration is for staff not to view or forward illegal images of a child. The highlighted advice provides more details on what to do when viewing an image is unavoidable.
• if possible, managing reports with two members of staff present, (preferably one of them being the Designated Safeguarding Lead or a deputy). However, this might not always be possible; and informing the Designated Safeguarding Leads (or deputies), as soon as practically possible, if the Designated Safeguarding Leads (or deputies) is not involved in the initial report.

 

Confidentiality

Staff taking a report should never promise confidentiality as it is very likely that it will be in the best interests of the victim to seek advice and guidance from others in order to provide support and engage appropriate agencies. Roselyn House School should only engage staff and agencies who are required to support the children involved and/or be involved in any investigation.

The victim may ask the School not to tell anyone about the sexual violence or sexual harassment. There are no easy or definitive answers when a victim makes this request. If the victim does not give consent to share information, staff may still lawfully share it, if it can be justified to be in the public interest, for example, to protect children from harm and to promote the welfare of children. The Designated Safeguarding Leads (or a deputies) should consider the following:

• parents or carers should normally be informed (unless this would put the victim at greater risk);
• the basic safeguarding principle is: if a child is at risk of harm, is in immediate danger, or has been harmed, a referral should be made to Children’s Social Care ; and
• rape, assault by penetration and sexual assaults are crimes. Where a report of rape, assault by penetration or sexual assault is made, this should be referred to the Police. Whilst the age of criminal responsibility is ten, if the alleged perpetrator is under ten, the starting principle of referring to the Police remains. The Police will take a welfare, rather than a criminal justice approach, in these cases.

Ultimately, the Designated Safeguarding Lead (or a deputy) will have to balance the victim’s wishes against their duty to protect the victim and other children.

If the Designated Safeguarding Leads (or a deputies) do decide to go ahead and make a referral to Children’s Social Care and/or a report to the Police against the victim’s wishes, this should be handled extremely carefully, the reasons should be explained to the victim and appropriate specialist support should be offered.

Additional information on confidentiality and information sharing is available at Safeguarding Practitioners Information Sharing Advice and NSPCC: Information sharing and confidentiality for practitioners.

 

 

Anonymity

Where an allegation of sexual violence or sexual harassment is progressing through the criminal justice system, Schools and Colleges should be aware of anonymity, witness support and the criminal process in general so they can offer support and act appropriately. Information is at: CPS: Safeguarding Children as Victims and Witnesses.

As a matter of effective safeguarding practice, Schools and Colleges should do all they reasonably can to protect the anonymity of any children involved in any report of sexual violence or sexual harassment. Amongst other things, this will mean carefully considering, based on the nature of the report, which staff should know about the report and any support that will be put in place for the children involved.

Schools and Colleges should also consider the potential impact of social media in facilitating the spreading of rumours and exposing victims’ identities.

 

Risk Assessment

When there has been a report of sexual violence, the Designated Safeguarding Leads (or a deputies) should make an immediate risk and needs assessment. Where there has been a report of sexual harassment, the need for a risk assessment should be considered on a case-by-case basis. The risk and needs assessment should consider:

• the victim, especially their protection and support;
• the alleged perpetrator; and
• all the other children (and, if appropriate, adult students and staff) at the School or

It is not the role of Roselyn House School to provide legal advice or support to victims, alleged perpetrators or parents in respect of a criminal justice process. We should be aware of own position and responsibilities, especially any actions that are appropriate to protect us.

Risk assessments should be recorded (written or electronic) and should be kept under review. At all times, Roselyn House School should be actively considering the risks posed to all our students and putting adequate measures in place to protect them and keep them safe.

The Designated Safeguarding Leads (or a deputies) should ensure they are engaging with Children’s Social Care and specialist services as required. Where there has been a report of sexual violence, it is likely that professional risk assessments by social workers and or sexual violence specialists will be required. The risk assessment is not intended to replace the detailed assessments of expert professionals. Any such professional assessments should be used to inform Roselyn House School’s approach to supporting and protecting our students and updating our own risk assessment.

 

Action following a report of sexual violence and/or sexual harassment

Important considerations will include:

• the wishes of the victim in terms of how they want to proceed. This is especially important in the context of sexual violence and sexual harassment. Victims should be given as much control as is reasonably possible over decisions regarding how any investigation will be progressed and any support that they will be offered;
• the nature of the alleged incident(s), including: whether a crime may have been committed and consideration of harmful sexual behaviour;
• the ages of the children involved;
• the developmental stages of the children involved;
• any power imbalance between the children. For example, is the alleged perpetrator significantly older, more mature or more confident? Does the victim have a disability or learning difficulty?;
• is the alleged incident a one-off or a sustained pattern of abuse?;
• are there ongoing risks to the victim, other children, adult students or School or College staff?; and
• other related issues and wider context.

 

As always when concerned about the welfare of a child, all staff should act in the best interests of the child. In all cases, Roselyn House School should follow general safeguarding principles as per Keeping Children Safe in Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024). Immediate consideration should be given as to how best to support and protect the victim and the alleged perpetrator (and any other children involved/impacted).

The starting point regarding any report should always be that sexual violence and sexual harassment is not acceptable and will not be tolerated. Especially important, is not to pass off any sexual violence or sexual harassment as ‘banter’, ‘part of growing up’ or ‘having a laugh’.

Children sharing a classroom: Initial considerations when the report is made, any report of sexual violence is likely to be traumatic for the victim. However, reports of rape and assault by penetration are likely to be especially difficult with regard to the victim and close proximity with the alleged perpetrator is likely to be especially distressing. Whilst Roselyn House School establishes the facts of the case and starts the process of liaising with Children’s Social Care and the Police, the alleged perpetrator should be removed from any classes they share with the victim. Roselyn House School will also consider how best to keep the victim and alleged perpetrator a reasonable distance apart on the premises and on transport to and from the School, where appropriate. These actions are in the best interests of both young people and should not be perceived to be a judgment on the guilt of the alleged perpetrator.

For other reports of sexual violence and sexual harassment, the proximity of the victim and alleged perpetrator and considerations regarding shared classes, sharing School premises and School transport, should be considered immediately. The wishes of the victim, the nature of the allegations and the protection of all children in the School or College will be especially important when considering any immediate actions.

 

Options to manage the report

It is important that Roselyn House School every report on a case-by-case basis. When to inform the alleged perpetrator will be a decision that should be carefully considered. Where a report is going to be made to Children’s Social Care and/or the Police, then, as a general rule, Roselyn House School should speak to the relevant agency and discuss next steps and how the alleged perpetrator will be informed of the allegations. However, as per general safeguarding principles, this does not and should not stop Roselyn House School  taking immediate action to safeguard their children, where required.

There are four likely scenarios for Roselyn House School  to consider when managing any reports of sexual violence and/or sexual harassment.

 

Manage internally

• In some cases of sexual harassment, for example, one-off incidents Roselyn House School  may take the view that the young people concerned are not in need of early help or statutory intervention and that it would be appropriate to handle the incident internally, perhaps through utilising our Behaviour and Anti- Bullying policies and by providing additional support.
• Whatever Roselyn House School ’s response, it should be underpinned by the principle that sexual violence and sexual harassment is never acceptable and will not be tolerated.
• All concerns, discussions, decisions and reasons for decisions should be recorded on CPoms

 

Early Help

• Roselyn House School  may decide that the young people involved do not require statutory interventions but may benefit from early help. Early help means providing support as soon as a problem emerges, at any point in a young person’s life. Providing early help is more effective in promoting the welfare of children/young people than reacting later. Early help can be particularly useful to address nonviolent harmful sexual behaviour and may prevent escalation of sexual violence.
• Full details of the early help process are in Chapter 1 of Working Together to Safeguard Children.
• Multi-agency early help will work best when placed alongside strong School policies, preventative education and engagement with parents and carers.
• Whatever the response, it should be under-pinned by the principle that sexual violence and sexual harassment is never acceptable and will not be tolerated.
• All concerns, discussions, decisions and reasons for decisions should be recorded on CPoms

 

Referrals to Children’s Social Care

• Where a child has been harmed, is at risk of harm, or is in immediate danger, Schools and Colleges should make a referral to local Children’s Social Care.
• At the referral to Children’s Social Care stage, Roselyn House School  will generally inform parents or carers, unless there are compelling reasons not to (if informing a parent or carer is going to put the child at additional risk). Any such decision should be made with the support of Children’s Social Care.
• If a referral is made, Children’s Social Care will then make enquiries to determine whether any of the children involved are in need of protection or other services.
• Where statutory assessments are appropriate, Roselyn House School  (especially the Designated Safeguarding Leads or deputies) should be working alongside, and cooperating with, the relevant lead social worker. Collaborative working will help ensure the best possible package of coordinated support is implemented for the victim and, where appropriate, the alleged perpetrator and any other children that require support.
• Roselyn House School  should not wait for the outcome (or even the start) of a Children’s Social Care investigation before protecting the victim and other children in the School. It will be important for the Designated Safeguarding Leads (or deputies) to work closely with Children’s Social Care (and other agencies as required) to ensure any actions the School takes do not jeopardise a statutory investigation. The risk assessment will help inform any decision. Consideration of safeguarding the victim, alleged perpetrator, any children directly involved in the reported incident and all children (and adult students) at the School or College should be immediate.
• In some cases, Children’s Social Care will review the evidence and decide a statutory intervention is not appropriate. The School or College (generally led by the Designated Safeguarding Leads or a deputy) should be prepared to refer again if they believe the child remains in immediate danger or at risk of harm. If a statutory assessment is not appropriate, the Designated Safeguarding Lead (or a deputy) should consider other support mechanisms such as early help, specialist support and pastoral/ therapy support.
• Whatever the response, it should be under-pinned by the principle that sexual violence and sexual harassment is never acceptable and will not be tolerated.
• All concerns, discussions, decisions and reasons for decisions should be recorded on CPoms.

 

 

 

Reporting to the Police

• Any report to the Police will generally be in parallel with a referral to Children’s Social Care (as above). It is important that the Designated Safeguarding Leads (and their deputies) are clear about the local process for referrals and follow that process.
• Where a report of rape, assault by penetration or sexual assault is made, the starting point is this should be passed on to the Police. Whilst the age of criminal responsibility is ten, if the alleged perpetrator is under ten, the starting principle of reporting to the Police remains. The Police will take a welfare, rather than a criminal justice, approach.
• At this stage, Roselyn House School  will generally inform parents or carers unless there are compelling reasons not to, for example, if informing a parent or carer is likely to put a child at additional risk. In circumstances where parents or carers have not been informed, it will be especially important that the School or College is supporting the child in any decision they take. This should be with the support of Children’s Social Care and any appropriate specialist agencies.
• Where a report has been made to the Police, the School or College should consult the Police and agree what information can be disclosed to staff and others, in particular, the alleged perpetrator and their parents or carers. They should also discuss the best way to protect the victim and their anonymity.
• All Police Forces in England have specialist units that investigate child abuse. The names and structures of these units are matters for local forces. It will be important that the Designated Safeguarding Leads (and their deputies) are aware of their local arrangements.
• In some cases, it may become clear very quickly, that the Police (for whatever reason) will not take further action. In such circumstances, it is important that the Roselyn House School  continue to engage with specialist support for the victim as required.
• Whatever the response, it should be under-pinned by the principle that sexual violence and sexual harassment is never acceptable and will not be tolerated.
• All concerns, discussions, decisions and reasons for decisions should be recorded on CPoms.

 

 

 

Considering bail conditions

• From April 2017, the use of Police bail has been dramatically reduced and will only be used when deemed necessary and proportionate in exceptional circumstances. Consideration will be given to less invasive options to safeguard victims and witnesses and the administration of justice. Therefore, it is less likely that a child attending School or College will be on Police bail with conditions attached if there are alternative measures to mitigate any risk.
• In the absence of bail conditions, when there is a criminal investigation, early engagement and joined up working between the Roselyn House School , Children’s Social Care and the Police will be critical to support the victim, alleged perpetrator and other children (and adult students) involved (especially potential witnesses). Where required, advice from the Police should be sought in order to help the School or College manage their safeguarding responsibilities.
• The term ‘Released Under Investigation’ or ‘RUI’ will replace those previously on bail for offences in circumstances that do not warrant the application of bail to either re-attend on a particular date or to include conditions preventing activity or in some cases ensuring compliance with an administrative process.
• Where bail is deemed proportionate and necessary, Roselyn House School should work with Children’s Social Care and the Police to manage any implications and safeguard their children, adult students and staff. An important consideration will be to ensure that the victim can continue in their normal routine, including receiving a suitable education.

 

Managing any delays in the criminal process

• There may be delays in any case that is being progressed through the criminal justice system. Roselyn House School  should not wait for the outcome (or even the start) of a Police investigation before protecting the victim, alleged perpetrator and other children and adult students in the School. The risk assessment will help inform any decision.
• Considering any disciplinary action against the alleged perpetrator whilst an investigation is ongoing is discussed below in the alleged perpetrator section.
• Whilst protecting children and/or taking any disciplinary measures against the alleged perpetrator, it will be important for the Designated Safeguarding Leads (or a deputy) to work closely with the Police (and other agencies as required), to ensure any actions the School take do not jeopardise the Police investigation.
• If Roselyn House School  have questions about the investigation, they should ask the Police. The Police will help and support Roselyn House School as much as they can (within the constraints of any legal restrictions).

 

 

 

The end of the criminal process

• If a child is convicted or receives a caution for a sexual offence, Roselyn House School should update its risk assessment, ensure relevant protections are in place for all children at the School and, if it has not already done so, consider any suitable action in light of their behaviour policy. If the perpetrator remains in the same School as the victim, the School should be very clear as to their expectations regarding the perpetrator now they have been convicted or cautioned. This could include expectations regarding their behaviour and any restrictions Roselyn House School  thinks are reasonable and proportionate with regard to the perpetrator’s timetable. This may include an individualised Timetable which is off site or Roselyn House School  may feel that they can no longer meet the young person’s needs. In this case an alternative provision will be sought.
• Any conviction (even with legal anonymity reporting restrictions) is potentially going to generate interest among other students in the School. It will be important that the School ensure both the victim and alleged perpetrator remain protected, especially from any bullying or harassment (including online).
• Where cases are classified as “no further action” (NFA’d) by the Police or Crown Prosecution Service, or where there is a not guilty verdict, Roselyn House School/  should continue to offer support to the victim and the alleged perpetrator for as long as is necessary. A not guilty verdict or a decision not to progress with their case will likely be traumatic for the victim. The fact that an allegation cannot be substantiated does not necessarily mean that it was unfounded. Roselyn House School  should discuss any decisions with the victim in this light and continue to offer support. The alleged perpetrator is also likely to require ongoing support for what will have likely been a difficult experience.

 

 

Safeguarding and supporting the victim

The following principles are based on effective safeguarding practice and should help shape any decisions regarding safeguarding and supporting the victim. Roselyn House School  should think carefully about the terminology it uses to describe the “victim”.

• Consider the age and the developmental stage of the victim, the nature of the allegations and the potential risk of further abuse. We should be aware that, by the very nature of sexual violence and sexual harassment, a power imbalance is likely to have been created between the victim and alleged perpetrator.
• The needs and wishes of the victim should be paramount (along with protecting the child) in any response. It is important they feel in as much control of the process as is reasonably possible. Wherever possible, the victim, if they wish, should be able to continue in their normal routine. Overall, the priority should be to make the victim’s daily experience as normal as possible, so that the School is a safe space for them.
• The victim should never be made to feel they are the problem for making a report or made to feel ashamed for making a report.
• Consider the proportionality of the response. Support should be tailored on a case-by-case basis. The support required regarding a one-off incident of sexualised name-calling is likely to be vastly different from that for a report of rape.

 

Support can include:

• Children and Young People’s Independent Sexual Violence Advisors (ChISVAs) provide emotional and practical support for victims of sexual violence. They are based within the specialist sexual violence sector and will help the victim understand what their options are and how the criminal justice process works if they have reported or are considering reporting to the Police. ChISVAs will work in partnership with Schools and Colleges to ensure the best possible outcomes for the victim.
• Police and social care agencies can signpost to ChISVA services (where available) or referrals can be made directly to the ChISVA service by the young person or School or College. Contact details for ChISVAs can be found at Rape Crisis and The Survivors Trust
• Child and adolescent mental health services (CAMHS).
• Rape Crisis Centre’s can provide therapeutic support for children who have experienced sexual violence.
• Internet Watch Foundation (to potentially remove illegal images)

 

Victims may not disclose the whole situation immediately. They may be more comfortable providing information on a piecemeal basis. It is essential that dialogue is kept open and encouraged. When it is clear that ongoing support will be required, Roselyn House School  should ask the victim if they would find it helpful to have a designated trusted adult (for example, their support mentor or Designated Safeguarding Lead) to talk to about their needs. The choice of any such adult should be the victim’s. Roselyn House School  will respect and support this choice.

A victim of sexual violence is likely to be traumatised and, in some cases, may struggle in a normal classroom environment. While Roselyn House School  should avoid any action that would have the effect of isolating the victim, in particular from supportive peer groups, there may be times when the victim finds it difficult to maintain a full-time timetable and may express a wish to withdraw from lessons and activities. This should be because the victim wants to, not because it makes it easier to manage the situation. If required, Roselyn House School  will provide a physical space for victims to withdraw. This could be in the form of each sites’ Quiet areas.

It may be necessary for School to maintain arrangements to protect and support the victim for a long time. Roselyn House School should be prepared for this and should work with Children’s Social Care and other agencies as required.

It is important that the Roselyn House School  do everything we reasonably can to protect the victim from bullying and harassment as a result of any report they have made.

Whilst students should be given all the necessary support to remain in their School or if the trauma results in the victim being unable to do this, alternative provision or a move to another School or College should be considered to enable them to continue to receive suitable education. This should only be at the request of the victim (and following discussion with their parents or carers).

It is important that if the victim does move to another educational institution (for any reason), that the new educational institution is made aware of any ongoing support needs. The Designated Safeguarding Lead should take responsibility to ensure this happens (and should discuss with the victim and, where appropriate, their parents or carers as to the most suitable way of doing this) as well as transferring the child protection file.

 

Ongoing Considerations: Victim and alleged perpetrator sharing classes

Once the Designated Safeguarding Leads (or a deputy) has decided what the next steps will be in terms of progressing the report, they should consider again the question of the victim and alleged perpetrator sharing classes and sharing space at School. This will inevitably involve complex and difficult professional decisions, including considering their duty to safeguard children and their duty to educate them. It is important each report is considered on a case-by-case basis and risk assessments are updated as appropriate.

As always when concerned about the welfare of a child, the best interests of the child should come first. In all cases, Roselyn House School  should follow general safeguarding principles as per Keeping Children Safe in Education 2023 (KCSIE currently 2023 but adapting to the changes which will be implemented in the KCSIE document September 2024). Where there is a criminal investigation into a rape, assault by penetration or sexual assault, the alleged perpetrator should be removed from any classes they share with the victim. Roselyn House School  will also consider how best to keep the victim and alleged perpetrator a reasonable distance apart on School premises and on transport to and from School where appropriate. This is in the best interests of both children and should not be perceived to be a judgement on the guilt of the alleged perpetrator. Close liaison with the Police is essential.

Where a criminal investigation into a rape or assault by penetration leads to a conviction or caution, the Roselyn House School should take suitable action, if they have not already done so. In all but the most exceptional of circumstances, the rape or assault is likely to constitute a serious breach of discipline and lead to the view that allowing the perpetrator to remain in the same School would seriously harm the education or welfare of the victim (and potentially other pupils or students).

Where a criminal investigation into sexual assault leads to a conviction or caution, Roselyn House School , if it has not already, consider any suitable sanctions in light of our Behaviour policy, including consideration of Exclusion Policy, where the needs of the student may no longer be able to be met.

Where the perpetrator is going to remain at Roselyn House School , the principle would be to continue keeping the victim and perpetrator in separate classes and continue to consider the most appropriate way to manage potential contact on School premises and transport. The nature of the conviction or caution and wishes of the victim will be especially important in determining how to proceed in such cases.

In all cases, Roselyn House School  should record and be able to justify their decision-making. Reports of sexual assault and sexual harassment will, in some cases, not lead to a report to the Police (for a variety of reasons). In some cases, rape, assault by penetration, sexual assault or sexual harassment allegations are reported to the Police and the case is not progressed or they are reported to the Police and ultimately result in a not guilty verdict. None of this means the offence did not happen or that the victim lied. The process will have affected both victim and alleged perpetrator. Appropriate support should be provided to both individuals as required and consideration given to sharing classes and potential contact.

 

Safeguarding and supporting the alleged perpetrator

Roselyn House School  should think carefully about the terminology it uses to describe the “alleged perpetrator” or “perpetrator”.

• The School or College will have a difficult balancing act to consider. On one hand they need to safeguard the victim (and all other children, adult, students and staff at the School) and on the other hand provide the alleged perpetrator with an education, safeguarding support as appropriate and implement any disciplinary sanctions.
• A child abusing another child may be a sign they have been abused themselves or a sign of wider issues that require addressing within the culture of the School. Roselyn House School  should work with professionals as required to understand why a child may have abused a peer. It is important to remember that, as a child, any alleged perpetrator is entitled to, deserving of, and should be provided with, a high level of support to help them understand and overcome the reasons for their behaviour and help protect other children by limiting the likelihood of them abusing again.
• Consider the age and the developmental stage of the alleged perpetrator and nature of the allegations. Any child will likely experience stress as a result of being the subject of allegations and/or negative reactions by their peers to the allegations against them.
• Consider the proportionality of the response. Support (and sanctions) should be considered on a case-by-case basis. An alleged perpetrator may potentially have unmet needs (in some cases these may be considerable) as well as potentially posing a risk of harm to other children. Harmful sexual behaviour in young children may be (and often are) a symptom of either their own abuse or exposure to
• It is important that if the alleged perpetrator does move to another educational institution (for any reason), that the new educational institution is made aware of any ongoing support needs and where appropriate, potential risks to other children, adult students and staff. The Designated Safeguarding Lead should take responsibility to ensure this happens as well as transferring the child protection file. Information sharing will help support this process.

 

Discipline and the alleged perpetrator

With regard to the alleged perpetrator, advice on behaviour and discipline in Schools is clear that teachers can discipline pupils whose conduct falls below the standard which could be reasonably expected of them.

Disciplinary action can be taken whilst other investigations by the Police and/or Children’s Social Care are ongoing. The fact that another body is investigating or has investigated an incident does not in itself prevent a School from coming to its own conclusion, on the balance of probabilities, about what happened, and imposing a penalty accordingly.

This is a matter for the School and should be carefully considered on a case-by-case basis. The Designated Safeguarding Leads (or a deputy) should take a leading role. The School should consider if, by taking any action, they would prejudice an investigation and/or any subsequent prosecution.

Careful liaison with the Police and/or Children’s Social Care should help the School make a determination. It will also be important to consider whether there are circumstances that make it unreasonable or irrational for the School to reach their own view about what happened while an independent investigation is considering the same facts.

 

Discipline and support

Taking disciplinary action and still providing appropriate support are not mutually exclusive actions. They can, and should, occur at the same time if necessary. On the one hand there is preventative or forward-looking action to safeguard the victim and/or the perpetrator, especially where there are concerns that the perpetrator themselves may have been a victim of abuse; and, on the other, there is disciplinary action to punish a perpetrator for their past conduct. Roselyn House School  should be very clear as to which category any action they are taking falls or whether it is really both and should ensure that the action complies with the law relating to each relevant category.

 

Working with parents and carers

Roselyn House School  will, in most instances, engage with both the victim’s and the alleged perpetrator’s parents or carers when there has been a report of sexual violence (this might not be necessary or proportional in the case of sexual harassment and should be considered on a case-by-case basis). The exception to this rule is if there is a reason to believe informing a parent or carer will put a child at additional risk. Roselyn House School  should carefully consider what information they provide to the respective parents or carers about the other child involved and when they do so. In some cases, Children’s Social Care and/or the Police will have a very clear view and it will be important for the School or College to work with relevant agencies to ensure a consistent approach is taken to information sharing.

Roselyn House School  should, if appropriate, meet the victim’s parents or carers with the victim present to discuss what arrangements are being put in place to safeguard the victim and understand their wishes in terms of support they may need and how the report will be progressed.

It is also good practice for the School to meet with the alleged perpetrator’s parents or carers to discuss any arrangements that are being put into place that impact the alleged perpetrator, such as, for example, moving them out of classes with the victim and what this means for their education. The reason behind any decisions should be explained. Support for the alleged perpetrator should be discussed.

The Designated Safeguarding Leads (or a deputy) would generally attend any such meetings. Consideration to the attendance of other agencies should be considered on a case-by-case basis.

Roselyn House School  Behaviour Policy, Safeguarding and Child Protection Policy and this policy will help explain how reports of sexual violence will be managed and how victims and perpetrators are likely to be supported. In some cases this should help manage what are inevitably very difficult conversations.

Parents and carers may well struggle to cope with a report that their child has been the victim of an assault or is alleged to have assaulted another child. Details of organisations that support parents will be signposted to Parents and Carers.

 

Safeguarding other children

Consideration should be given to supporting children (and adult students) who have witnessed sexual violence, especially rape and assault by penetration. Witnessing such an event is likely to be traumatic and support may be required.

Following any report of sexual violence or sexual harassment, it is likely that some children will take “sides”. Roselyn House School  will do all they can to ensure both the victim and alleged perpetrator, and any witnesses, are not being bullied or harassed.

Social media is very likely to play a central role in the fall out from any incident or alleged incident. There is the potential for contact between victim and alleged perpetrator and a very high likelihood that friends from either side could harass the victim or alleged perpetrator online and/or become victims of harassment themselves.

School transport is a potentially vulnerable place for a victim or alleged perpetrator following any incident or alleged incident. Roselyn House School , as part of its risk assessment, will consider any additional potential support needed to keep all of the children safe.

A whole School approach to safeguarding, a culture that makes clear that sexual violence and sexual harassment is always unacceptable, and a strong preventative education programme helps create an environment in which all children at Roselyn House School are supportive and respectful of their peers when reports of sexual violence or sexual harassment are made.

Roselyn House School  will keep their policies, processes and curriculum under constant review to protect all their children/ young people. Reports of sexual violence and/or harassment (especially where there is evidence of patterns of behaviour) may point to environmental and or systemic problems that could and should be addressed by updating relevant policies, processes or relevant parts of the curriculum.

 

Further information and support

• Barnardo's.UK charity caring for and supporting some of the most vulnerable children and young people through their range of services.
• Lucy Faithfull Foundation.UK-wide child protection charity dedicated to preventing child sexual abuse. They work with families affected by sexual abuse and also run the confidential Stop it Now! Helpline.
• NSPCC.Children's charity specialising in child protection with statutory powers enabling them to take action and safeguard children at risk of abuse.
• Rape Crisis National charity and the umbrella body for their network of independent member Rape Crisis Centres.
• UK Safer Internet Centre Provides advice and support to children, young people, parents, carers and Schools about staying safe online.

 

Support for Victims

• Anti-Bullying Alliance - Detailed information for anyone being bullied, along with advice for parents and Schools. Signposts to various helplines and websites for further support.
• Rape Crisis - Provide and sign post to a range of services to support people who have experience rape, child abuse or any kind of sexual violence.
• The Survivors Trust - UK-wide national umbrella agency with resources and support dedicated to survivors of rape, sexual violence and child sex abuse.
• Victim Support - Supporting children and young people who have been affected by crime. Also provides support to parents and professionals who work with children and young people – regardless of whether a crime has been reported or how long ago it was.
• BrookTraffic Light Tool supports professionals working with children and young people by helping them to identify and respond appropriately to sexual behaviours.

 

Toolkits

• NSPCC Online Self-assessment tool to ensure organisations are doing everything they can to safeguard children.
• Safeguarding Unit, Farrer and Co. and Carlene Firmin, MBE, University of Bedfordshire
• Peer-on-Peer Abuse toolkit provides practical guidance for Schools on how to prevent, identify early and respond appropriately to peer-on-peer abuse.

 

Sexting

• UKCCIS: Advice for Schools and Colleges responding to sexting incidents. Advice for Schools and Colleges on responding to incidents of ‘sexting.’ Supporting them in tackling the range of issues which these incidents present.
• London Grid for Learning collection of advice Various information and resources dealing with sexting.

 

Support for parents

• Parentzone Provides expert information and resources to help make the internet work for families.
• Childnet: Advice for parents and carers to keep children safe online
• Parentsafe- London Grid for Learning
• CEOP Thinkuknow advice for parents: Challenging harmful sexual attitudes and their impact. Supporting positive sexual behaviour. Advice/resources on how to approach and deal with concerns about what children may be doing online. On the Thinkuknow site, this resource helps challenge harmful sexual attitudes. On the Thinkuknow site, advice on how to start a conversation to support positive sexual behaviour.

S. Damerall

Reviewed: June 2024