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Interagency Safeguarding Children ProceduresNottinghamshire Safeguarding Children Partnership (NSCP)
Nottingham City Safeguarding Children Partnership (NCSCP)

Online Safety

AMENDMENT

This chapter was amended in January 2022 and the definition of sexting expanded to include taking and distributing nude or semi-nude images. Further Information was also revised.

Contents

  1. Definition
  2. Risks
  3. Indicators
  4. Protection
  5. Issues
  6. Further Information

1. Definition

'Internet Abuse' relates to five main areas of abuse of children:

  • Sharing and production of indecent images of children (although these are not confined to the internet);
  • A child or young person being groomed online for the purpose of sexual abuse / exploitation;
  • Exposure to pornographic or other offensive material on the internet;
  • Young people taking / sending indecent images of themselves (sexting);
  • The use of the internet, and in particular social media, to engage children in extremist ideologies or to promote gang related violence.

The term digital (data carrying signals carrying electronic or optical pulses) and interactive (a message relates to other previous message/s and the relationship between them) technology covers a range of electronic tools. These are constantly being upgraded and their use has become more widespread as the internet can be accessed easily on mobile / smart phones, laptops, computers, tablets and games consoles.

Social networking sites are often used by perpetrators as an easy way to access children and young people for sexual abuse. In addition radical and extremist groups may use social networking to attract children and young people into rigid and narrow ideologies that are intolerant of diversity: this is similar to the grooming process and exploits the same vulnerabilities.

Internet abuse may also include cyberbullying. This is when a child is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child using the internet or mobile phones In the case of online bullying it is possible for one victim to be bullied by many perpetrators.

Sexting is a term which many young people do not recognise or use, therefore it is important that when discussing the risks of this type of behaviour with children and young people the behaviour is accurately explained.

Sexting (some children and young people consider this to mean ‘writing and sharing explicit messages with people they know’ rather than sharing youth-produced sexual images) or sharing nudes and semi-nudes  are terms used when a person under the age of 18 shares sexual, naked or semi-naked images or videos of themselves or others, or sends sexually explicit messages. They can be sent using mobiles, tablets, smartphones, laptops - any device that allows images and messages to be shared.

Sexting may not be criminally motivated and can be consensual, but creating or sharing explicit images of a child is illegal, even if the person doing it is a child. A young person is breaking the law if they:

  • Take an explicit photo or video of themselves or a friend;
  • Share an explicit image or video of a child, even if it's shared between children of the same age;
  • Possess, download or store an explicit image or video of a child, even if the child gave their permission for it to be created.

Upskirting is a specific example of abusive behaviour that typically uses a mobile phone camera to capture an image under another person’s clothing. It is behaviour that has been linked to on-line bullying and grooming. Upskirting is a criminal offence and should be reported to the Police.

However, if a young person is found creating or sharing images, the police can choose to record that a crime has been committed but that taking formal action is not in the public interest (see College of Policing - Briefing note: Police action in response to youth produced sexual imagery ('Sexting')).

With effect from 29 June 2021, section 69 Domestic Abuse Act 2021 expanded so-called ‘revenge porn’ to include threats to disclose private sexual photographs and films with intent to cause distress.

E-Safety is the generic term that refers to raising awareness about how children, young people and adults can protect themselves when using digital technology and in the online environment, and provides examples of interventions that can reduce the level of risk for children and young people.

The Organised and Complex Abuse Procedure and Allegations Against Staff or Volunteers Procedure should be borne in mind depending on the circumstances of the concerns.

2. Risks

There is some evidence that people found in possession of indecent photographs/pseudo photographs or films/videos of children may now or in the future be involved directly in child abuse themselves.

In particular, an individual's access to children should be established to consider the possibility that they are actively involved in the abuse of children including those within the family, within employment contexts or in other settings such as voluntary work with children or other positions of trust.

Any indecent, obscene image involving a child has, by its very nature, involved a person, who in creating that image has been party to abusing that child.

Social networking sites are often used by perpetrators as an easy way to access children and young people for sexual abuse. In addition radical and extremist groups may use social networking to attract children and young people into rigid and narrow ideologies that are intolerant of diversity: this is similar to the grooming process and exploits the same vulnerabilities. The groups concerned include those linked to extreme Islamist, or Far Right/Neo Nazi ideologies, various paramilitary groups, extremist Animal Rights groups and others who justify political, religious, sexist or racist violence.

3. Indicators

Often these issues come to light through accidental discovery of images on a computer or other device and can seem to emerge 'out of the blue' from an otherwise trusted and non-suspicious individual. This in itself can make accepting the fact of the abuse difficult for those who know and may have trusted that individual. The initial indicators of abuse are likely to be changes in behaviour and mood of the victim. Clearly such changes can also be attributed to many innocent events in a child's life and cannot be regarded as diagnostic. However changes to a child's circle of friends or a noticeable change in attitude towards the use of computer or phone could have their origin in abusive behaviour. Similarly a change in their friends or not wanting to be alone with a particular person may be a sign that something is upsetting them.

Children often show us rather than tell us that something is upsetting them. There may be many reasons for changes in their behaviour, but if we notice a combination of worrying signs it may be time to call for help or advice.

4. Protection

Accessing or Creating Indecent Images

Where there is suspected or actual evidence of anyone accessing or creating indecent images of children, this must be shared with the Police and Children's Social Care Services.

Online Grooming

Where there are concerns about a child being groomed, exposed to pornographic material or contacted by someone inappropriately, via the internet or other ICT tools like a mobile phone, referrals should be made to the Police and to Children's Social Care Services.

The Serious Crime Act (2015) introduced an offence of sexual communication with a child. This applies to an adult who communicates with a child and the communication is sexual or if it is intended to elicit from the child a communication which is sexual and the adult reasonably believes the child to be under16 years of age. The Act also amended the Sex Offences Act 2003 so it is now an offence for an adult to arrange to meet with someone under 16 having communicated with them on just one occasion (previously it was on at least two occasions).

All such reports should be taken seriously. Referrals will normally lead to a Strategy Discussion to determine the course of further investigation, enquiry and assessment. Any intervention should be continually under review especially if further evidence comes to light.

Due to the nature of this type of abuse and the possibility of the destruction of evidence, the referrer should discuss their concerns with the Police and Children's Social Care Services before raising the matter with the family. This will enable a joint decision to be made about informing the family and ensuring that the child's welfare is safeguarded.

Professionals who are concerned about a child can contact the sexual exploitation investigation unit at Nottinghamshire Police.

The Sexual Exploitation Investigation Unit (SEIU) are part of Nottinghamshire Police's Public Protection. SEIU have primacy for investigations into Child Sexual Exploitation, Online grooming offences, Indecent Images of Children and Child Trafficking. SEIU are based at Holmes House at Mansfield but cover both the City and County Authorities and work closely with Children's Social Care.

Extremist Material

Where there are concerns in relation to a child's exposure to extremist materials, the child's school may be able to provide advice and support: all schools are required to identify a Prevent Single Point of Contact (SPOC) who is the lead for safeguarding in relation to protecting individuals from radicalisation and involvement in terrorism.

Suspected online terrorist material can be reported through the Report online material promoting terrorism or extremism website. Content of concern can also be reported directly to social media platforms – see the UK Safer Internet Centre website.

5. Issues

When communicating via the internet, young people tend to become less wary and talk about things far more openly than they might when communicating face to face. Both male and female adults and some young people may use the internet to harm children. Some do this by looking at, taking and/or distributing photographs and video images on the internet of children naked, in sexual poses and/or being sexually abused.

Children and young people should be supported to understand that when they use digital technology they should not give out personal information, particularly their name, address or school, mobile phone numbers to anyone they do not know or trust: this particularly includes social networking and online gaming sites. If they have been asked for such information, they should always check with their parent or other trusted adult before providing such details. It is also important that they understand why they must take a parent or trusted adult with them if they meet someone face to face whom they have only previously met online.

Children and young people should be warned about the risks of taking sexually explicit pictures of themselves and sharing them on the internet or by text. It is essential, therefore, that young people understand the legal implications and the risks they are taking. The initial risk posed by sexting or sharing nudes and semi-nudes may come from peers, friends and others in their social network who may share the images. However, once an image has been sent, it can then be shared with others or posted online. The Criminal Justice and Courts Act (2015) introduced the offence of Revenge Porn where intimate images are shared with the intent to cause distress to the specific victim.

Where young people are voluntarily sending/sharing sexual images or content with one another the Police are likely to use the 'outcome 21' recording code This allows the Police to record a crime as having happened but for no formal criminal justice action to be taken. Crimes recorded this way are unlikely to appear on future records or checks, unless the young person has been involved in other similar activities which may indicate they are at risk.

The discretion about whether to disclose non-conviction information rests with each Chief Constable managing the process (see College of Policing, Briefing note, Police action in response to youth produced sexual imagery ('Sexting')).

Webcam abuse

How it happens
  • An abuser might pretend to be a boy or girl of the same age;
  • They might even pretend to be someone they know;
  • They chat and flirt online. They start to chat about sex;
  • They ask for naked selfies, or to go naked on webcam;
  • Then they threaten: "I will share this pic with everyone you know if you don't do more things on webcam / hurt yourself / give me money... "

Sexting

The "exchange of sexual messages or images" and "Creating, sharing and forwarding sexually suggestive nude or nearly nude images" through mobile phones and the internet.

Advice for young people
  • Don't do anything on webcam you wouldn't want your friends or family to see;
  • If they have already shared images;
  • It is never too late to do anything;
  • Report to CEOP using the RED Button;
  • Tell someone you trust;
  • Contact Childline for advice.


Further Information

CEOP is the UK national lead agency who deal with the sexual exploitation of children in the UK and abroad.

CEOP Facebook

Assessment Triangle

Coram children's legal centre - LawStuff is run by Coram Children's Legal Centre and gives free legal information to young people on a range of different issues. See Children's rights in the digital world in particular.

NSPCC

Childline

Think u Know (Aimed at children and young people)

Know It All (Aimed at parents and teachers)

Child Safety Online: A practical guide for parents and carers whose children are using social media

Sharing nudes and semi-nudes: advice for education settings working with children and young people

Sexual Violence and Sexual Harassment between Children in Schools and Colleges (September 2021)

Ofsted Review of Sexual Abuse in Schools and Colleges (including Online) This report is useful reading for everyone working in schools or with children and young people

Childnet Advice on Sexting

Social Media as a Catalyst and Trigger for Youth Violence (Catch 22)

Behaviour that is illegal if committed offline is also illegal if committed online. It is recommended that legal advice is sought in the event of an online issue or situation. There are a number of pieces of legislation that may apply including:

Communications Act 2003

Sending by means of the internet a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or sending a false message by means of or persistently making use of the internet for the purpose of causing annoyance, inconvenience or needless anxiety is guilty of an offence liable, on conviction, to imprisonment. This wording is important because an offence is complete as soon as the message has been sent: there is no need to prove any intent or purpose.

Protection of Children Act 1978

It is an offence to take, permit to be taken, make, possess, show, distribute or advertise indecent images of children in the United Kingdom. A child for these purposes is anyone under the age of 18. Viewing an indecent image of a child on your computer means that you have made a digital image. An image of a child also covers pseudo-photographs (digitally collated or otherwise). A person convicted of such an offence may face up to 10 years in prison.

Sexual Offences Act 2003

The offence of grooming is committed if you are over 18 and have communicated with a child under 16 on one occasion (including by phone or using the Internet) it is an offence to meet them or travel to meet them anywhere in the world with the intention of committing a sexual offence. Causing a child under 16 to watch a sexual act is illegal, including looking at images such as videos, photos or webcams, for your own gratification. It is also an offence for a person in a position of trust to engage in sexual activity with any person under 18, with whom they are in a position of trust. (Typically, teachers, social workers, health professionals, connexions staff fall in this category of trust). Any sexual intercourse with a child under the age of 13 commits the offence of rape.

Serious Crime Act 2015

The Act introduces a new offence of sexual communication with a child. This would criminalise an adult who communicates with a child for the purpose of obtaining sexual gratification, where the communication is sexual or if it is intended to elicit from the child a communication which is sexual and the adult reasonably believes the child to be under 16.