Child exploitation criminalisation

45 items 2 sources

Systemic failure to divert children and young people exploited by criminal gangs away from the criminal justice system.

Cross-Source Insight

Child exploitation criminalisation has been flagged across 2 independent accountability sources:

43 inquiry recs 2 PFD reports

This issue has been identified by multiple independent accountability bodies, suggesting it is a recurring systemic concern.

R11 — Sexual offences intelligence retention
Bichard Inquiry
Recommendation: The Code of Practice should have particular regard to the factors to be considered when reviewing the retention or deletion of intelligence in cases of sexual offences.
Gov response: The Home Secretary made a statement to Parliament on 22 June 2004, the day the Bichard Inquiry Report was published, accepting all 31 recommendations in full. The government stated it was "in principle, accepting Sir …
Accepted Delivered
1 — Collect disaggregated CSE data
IICSA
Recommendation: Police forces and local authorities in England and in Wales must collect data on all cases of known or suspected child sexual exploitation and child sexual exploitation by networks. These data should be separated from other data sets, including data …
Gov response: On 30 June 2022, the UK government provided the Inquiry with its provisional response to this recommendation. The UK government stated its final response to this recommendation would be provided within six months of the …
Accepted in Part In progress
10 — Publish enhanced Child Exploitation Disruption Toolkit
IICSA
Recommendation: As referenced in its Tackling Child Sexual Abuse Strategy, the government should publish an enhanced version of its Child Exploitation Disruption Toolkit as soon as possible. This Toolkit must: specify that the core element of the definition of child sexual …
Gov response: On 30 June 2022, the UK government provided the Inquiry with its provisional response to this recommendation. The UK government stated its final response to this recommendation would be provided within six months of the …
Accepted in Part In progress
104 — High risk countries list for travel orders
IICSA
Recommendation: The Home Office should bring forward legislation providing for the establishment and maintenance by the National Crime Agency of a list of countries where children are considered to be at high risk of sexual abuse and exploitation from overseas offenders. …
Gov response: On 21 January 2021, the Home Office confirmed that it would bring forward the necessary legislation to give effect to this recommendation when parliamentary time allows. The Home Office stated that it had commissioned the …
Accepted No update 2+ yrs
105 — WeProtect international action on CSAM
IICSA
Recommendation: The government should press the WeProtect Global Alliance to take more action internationally to ensure that those countries hosting indecent images of children implement legislation and procedures to prevent access to such imagery.
Gov response: On 10 November 2020, the UK government committed to continue working with the WeProtect Global Alliance to make combating indecent images of children, grooming and live streaming a priority. It stated that it would do …
Accepted No update 2+ yrs
106 — Online age verification legislation
IICSA
Recommendation: The government should introduce legislation requiring providers of online services and social media platforms to implement more stringent age verification techniques on all relevant devices.
Gov response: On 12 May 2021, the UK government published a draft Online Safety Bill, which includes a clause that will require providers of regulated services to conduct an assessment of whether children are likely to access …
Accepted Delivered
11 — Ban CSE-risk children from semi-independent placements
IICSA
Recommendation: The Department for Education should ban the placement in semi-independent and independent settings of children aged 16 and 17 who have experienced, or are at heightened risk of experiencing, sexual exploitation. This should be implemented without delay.
Gov response: On 30 June 2022, the UK government provided the Inquiry with its provisional response to this recommendation. The UK government stated its final response to this recommendation would be provided within six months of the …
Accepted in Part In progress
15 — Research high child remand population
IICSA
Recommendation: The Inquiry was told that children should only be placed in custody as a last resort. However, it was concerned to hear evidence that some children are remanded in custody because of a lack of appropriate community provision. Given that …
Gov response: On 26 January 2022, the Ministry of Justice published its Review of Custodial Remand for Children. The review's findings challenged the narrative that remand is overused and highlighted several factors that have impacted the increase …
Accepted Delivered
16 — Review mixed justice/welfare placement risk
IICSA
Recommendation: The Chair and Panel recommend that the Department for Education and the Youth Custody Service conduct a full review of the practice of placing children for justice and welfare reasons together in secure children's homes to establish whether it increases …
Gov response: On 7 May 2021, the Department for Education published its review of placement practices in secure children's homes. It concluded that the practice of placing children in mixed justice and welfare homes does not create …
Accepted Delivered
17 — Prohibit pain compliance techniques
IICSA
Recommendation: The Chair and Panel consider that the use of pain compliance techniques should be seen as a form of child abuse, and that it is likely to contribute to a culture of violence, which may increase the risk of child …
Gov response: On 18 June 2020, the Ministry of Justice published the Charlie Taylor review of pain-inducing techniques in the youth secure estate. The review recommended that the Minimising and Managing Physical Restraint (MMPR) programme should be …
Not Accepted
18 — Joint MoJ/DfE policy for children in custody
IICSA
Recommendation: The Chair and Panel recommend that the Ministry of Justice and the Department for Education share policy responsibility for managing and safeguarding children in custodial institutions. This is to ensure that standards applied in relation to children in custody are …
Gov response: On 23 July 2019, the Ministry of Justice stated that it has joint working relationships with the Department for Education on secure children's homes, safeguarding and establishing secure schools. It stated that it aims to …
Not Accepted
26 — Youth Custody Service safeguarding training
IICSA
Recommendation: The Chair and Panel recommend that the Youth Custody Service takes steps to ensure that its training provides staff with an appropriate understanding of safeguarding in the context of the secure estate, and that this is regularly reviewed and updated.
Gov response: On 23 July 2019, the Ministry of Justice stated that the Youth Custody Service would review the mandatory training for all its frontline staff – including at management level – alongside a review of the …
Accepted No update 2+ yrs
27 — Professional registration for custodial care staff
IICSA
Recommendation: As the Inquiry set out in its Interim Report, professional registration of the workforce in settings responsible for the care of vulnerable children complements regulation of institutions by a separate, independent regulator. The government has agreed in principle that professional …
Gov response: On 5 November 2021, the Ministry of Justice stated that it had reviewed the evidence it collected through a targeted consultation on professional registration. On 4 May 2022, the Ministry of Justice stated that it …
Accepted in Part In progress
28 — Revise Prison Service safeguarding guidance
IICSA
Recommendation: The Chair and Panel note that Prison Service Instruction 08/2012, which sets out the mandatory actions for young offender institutions and secure training centres for 'maintaining a safe and secure environment', has expired. The Chair and Panel recommend that the …
Gov response: On 23 July 2019, the Ministry of Justice stated that work had begun to revise or replace Prison Service Instructions (PSIs) with 'policy frameworks'. In advance of updating PSI 08/2012, the Youth Custody Service published …
Accepted No update 2+ yrs
34 — DBS certificates for overseas work
IICSA
Recommendation: The Home Office should introduce legislation permitting the Disclosure and Barring Service to provide enhanced certificates to UK nationals and residents of England and Wales applying for: 1. work or volunteering with UK-based organisations, where the recruitment decision is taken …
Gov response: On 21 January 2021, the Home Office stated that the UK government would continue to work with ACRO to publicise the existence of the International Child Protection Certificate, and to improve employers' understanding of the …
Not Accepted
35 — Mandatory DBS for work with children overseas
IICSA
Recommendation: The Home Office should introduce legislation making it mandatory for: 1. all UK nationals and residents of England and Wales to provide a prospective employer overseas with an enhanced Disclosure and Barring Service certificate before undertaking work with children overseas …
Gov response: On 21 January 2021, the Home Office stated that although part 1 of this recommendation envisaged placing the legal obligation of providing overseas employers with an enhanced Disclosure and Barring Service certificate on UK nationals, …
Not Accepted
36 — Guidance on DBS for overseas work
IICSA
Recommendation: The Home Office should ensure explanatory guidance is issued, providing clarity to recruiting organisations and individuals concerning the use of the Disclosure and Barring Service scheme for work and volunteering outside the UK.
Gov response: On 21 January 2021, the Home Office stated that the Disclosure and Barring Service signposts applicants to the International Child Protection Certificate if their work abroad makes them ineligible for Disclosure and Barring Service certificates. …
Accepted No update 2+ yrs
4 — National plan for overseas CSA by UK nationals
IICSA
Recommendation: The Home Office should coordinate the development of a national plan of action addressing child sexual abuse and exploitation overseas by UK nationals and residents of England and Wales, involving input from all lead governmental agencies in the field.
Gov response: On 21 January 2021, the Home Office confirmed that it would implement this recommendation as part of the UK government's Tackling Child Sexual Abuse Strategy. The strategy sets out the government's national plan of action …
Accepted No update 2+ yrs
40 — Publish interim online harms code of practice
IICSA
Recommendation: The government should publish, without further delay, the interim code of practice in respect of child sexual abuse and exploitation as proposed by the Online Harms White Paper (published April 2019).
Gov response: On 15 December 2020, the UK government published the Interim Code of Practice on Child Sexual Abuse and Exploitation.
Accepted Delivered
56 — Update CSE guidance with network information
IICSA
Recommendation: The Department for Education should review and publish an updated version of its guidance on child sexual exploitation. The update should specify that the core element of the definition of child sexual exploitation is that a child was controlled, coerced, …
Gov response: On 30 June 2022, the UK government provided the Inquiry with its provisional response to this recommendation. The UK government stated its final response to this recommendation would be provided within six months of the …
Accepted in Part In progress
57 — Distinguish CSE risk from actual exploitation
IICSA
Recommendation: The Department for Education and the Welsh Government must ensure that their updated national guidance makes clear that signs that a child is being sexually exploited must never be treated as indications that a child is only 'at risk' of …
Gov response: On 30 June 2022, the UK government provided the Inquiry with its provisional response to this recommendation. The UK government stated its final response to this recommendation would be provided within six months of the …
Accepted in Part In progress
70 — Include clergy in position of trust definition
IICSA
Recommendation: The government should amend Section 21 of the Sexual Offences Act 2003 so as to include clergy within the definition of a position of trust. This would criminalise under s16-s20 sexual activity between clergy and a person aged 16-18, over …
Gov response: On 9 March 2021, the Ministry of Justice and Home Office stated that the government would introduce the Police, Crime, Sentencing and Courts Bill. The Bill sought to extend the definition of a 'position of …
Accepted Delivered
71 — Pre-screen material before upload
IICSA
Recommendation: The government should require industry to pre-screen material before it is uploaded to the internet to prevent access to known indecent images of children.
Gov response: On 10 November 2020, the UK government stated that it had launched the Voluntary Principles to Counter Online Child Sexual Exploitation and Abuse alongside the US, Australia, Canada and New Zealand. The interim code of …
Not Accepted
9 — Mandatory aggravating factor for CSE offences
IICSA
Recommendation: The government should amend the Sentencing Act 2020 to provide a mandatory aggravating factor in sentencing in the case of the commission of an offence under Part 1 of the Sexual Offences Act 2003 relating to a child, where (1) …
Gov response: In January 2025, the Home Secretary committed to legislate to make grooming an aggravating factor in the sentencing of child sexual offences. This commitment is being implemented through the Crime and Policing Bill 2025, currently …
Accepted in Part In progress
FR-1 — Single Core Data Set
IICSA
Recommendation: The Inquiry recommends that the UK government and the Welsh Government improve data collected by children's social care and criminal justice agencies concerning child sexual abuse and child sexual exploitation by the introduction of one single core data set covering …
Gov response: We accept that robust data collection on the scale and nature of child sexual abuse is critical to underpin and drive a more effective response to child sexual abuse. We have made a number of …
Accepted in Part In progress
FR-10 — Improve DBS Referral Compliance
IICSA
Recommendation: The Inquiry recommends that the UK government takes steps to improve compliance by regulated activity providers with their statutory duty to refer concerns about the suitability of individuals to work with children to the Disclosure and Barring Service, including: all …
Gov response: We accept the need to improve compliance with statutory duties to inform the Disclosure and Barring Service about individuals who may pose a risk of harm to children. We will work with the relevant bodies …
Accepted in Part In progress
FR-11 — Extend Disclosure Regime Overseas
IICSA
Recommendation: The Inquiry recommends (as originally stated in its Children Outside the United Kingdom Phase 2 Investigation Report, dated January 2020) that the UK government introduces legislation permitting the Disclosure and Barring Service to provide enhanced certificates with barred list checks …
Gov response: We accept the need to review whether disclosure arrangements can be further strengthened for those working with children overseas, and we will consider the scope of further strengthening the regime, taking into account the findings …
Accepted in Part In progress
FR-12 — Pre-screening by Internet Providers
IICSA
Recommendation: The Inquiry recommends that the UK government makes it mandatory for all regulated providers of search services and user-to-user services to pre-screen for known child sexual abuse material.
Gov response: We accept the need to hold companies to account for removing, reporting and limiting the spread of child sexual abuse material on their services. The UK’s world- leading Online Safety Bill will address this by …
Accepted in Part In progress
FR-13 — Mandatory Reporting
IICSA
Recommendation: The Inquiry recommends that the UK government and Welsh Government introduce legislation which places certain individuals - 'mandated reporters' - under a statutory duty to report child sexual abuse where they: receive a disclosure of child sexual abuse from a …
Gov response: We accept the need for mandatory reporting; the Government has agreed to implement a mandatory reporting regime for child sexual abuse which will be informed by a full public consultation, beginning with the publication of …
Accepted in Part In progress
FR-14 — Victim Code Compliance
IICSA
Recommendation: The Inquiry recommends (as originally stated in its Interim Report, dated April 2018) that the UK government commissions a joint inspection of compliance with the Victims' Code in relation to victims and survivors of child sexual abuse, to be undertaken …
Gov response: We accept the need to ensure compliance with the Victims Code. The Criminal Justice Joint Inspectorates have included an inspection on the ‘experiences of victims of child sexual abuse of the criminal justice system’ in …
Accepted in Part In progress
FR-15 — Remove Limitation Period
IICSA
Recommendation: The Inquiry recommends that the UK government makes the necessary changes to legislation in order to ensure: the removal of the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse in respect of …
Gov response: We accept the critical issue this recommendation seeks to remedy, and we will consult on strengthening existing judicial guidance in child sexual abuse cases and set out options to reform limitation law in child sexual …
Accepted in Part In progress
FR-16 — Specialist Therapeutic Support
IICSA
Recommendation: The Inquiry recommends that the UK government and the Welsh Government introduce a national guarantee that child victims of sexual abuse will be offered specialist and accredited therapeutic support. There should be sufficient supply of these services so that children …
Gov response: We accept that victims and survivors must be able to access effective systems for provision of therapeutic support. We will elicit views on the future of therapeutic support, including possible systemic changes to provision, through …
Accepted in Part In progress
FR-17 — Code of Practice on Records Access
IICSA
Recommendation: The Inquiry recommends that the UK government directs the Information Commissioner's Office to introduce a code of practice on retention of and access to records known to relate to child sexual abuse. The retention period for records known to relate …
Gov response: We accept the importance of access to records. We will engage with the Information Commissioner’s Office on implementing this recommendation.
Accepted in Part In progress
FR-18 — Criminal Injuries Compensation Scheme Changes
IICSA
Recommendation: The Inquiry recommends that the UK government changes the Criminal Injuries Compensation Scheme to: include other forms of child sexual abuse, including online-facilitated sexual abuse; amend the rule on unspent convictions so that applicants with unspent convictions are not automatically …
Gov response: We accept the need to consider changes to the scheme, and we will consult on whether or not to amend the scope and time limits.
Accepted in Part In progress
FR-19 — Tiered Redress Scheme
IICSA
Recommendation: The Inquiry recommends that the UK government establishes a single redress scheme in England and Wales, taking into account devolved responsibilities. The detailed rules of, and funding for, this redress scheme should reflect the following core elements. Eligibility: Victims and …
Gov response: We accept the need to introduce a redress scheme to acknowledge the institutional failures that led to the suffering of victims and survivors. The detail of the scheme, including eligibility, types of redress available, the …
Accepted in Part
FR-2 — Child Protection Authorities
IICSA
Recommendation: The Inquiry recommends that the UK government establishes a Child Protection Authority for England and the Welsh Government establishes a Child Protection Authority for Wales. Each Authority's purpose should be to: improve practice in child protection; provide advice and make …
Gov response: We accept the need for a stronger safeguarding system. We will ensure the relevant actions included within our reform programme, Stable Homes, Built on Love, fulfil this recommendation.
Accepted in Part In progress
FR-20 — Age Verification Online
IICSA
Recommendation: The Inquiry recommends (as originally stated in its The Internet Investigation Report, dated March 2020) that the UK government introduces legislation requiring providers of online services and social media platforms to implement more stringent age verification measures.
Gov response: We accept the need to protect children from harmful and age-inappropriate content. The Online Safety Bill requires all in-scope companies to assess whether their service is likely to be accessed by children and, if so, …
Accepted in Part In progress
FR-3 — Cabinet-Level Minister for Children
IICSA
Recommendation: The Inquiry recommends that the UK government creates a cabinet-level ministerial position for children. The Inquiry recommends that the Welsh Government ensures that there is cabinet-level ministerial responsibility for children.
Gov response: We accept the importance of placing the best interests of the child front and centre in policy and decision making at the highest level of Government. This role is already fulfilled through the work of …
Accepted Delivered
FR-4 — Public Awareness Campaign
IICSA
Recommendation: The Inquiry recommends that the UK government and the Welsh Government commission regular programmes of activity to increase public awareness about child sexual abuse and the action to take if child sexual abuse is happening or suspected in England and …
Gov response: We accept the importance of bringing child sexual abuse out of the shadows and creating more national awareness of the scale and nature of the issues and how to report concerns and cases of child …
Accepted in Part In progress
FR-5 — Prohibit Pain Compliance Techniques
IICSA
Recommendation: The Inquiry recommends (as originally stated in its Sexual Abuse of Children in Custodial Institutions: 2009-2017 Investigation Report, dated February 2019) that the UK government prohibits the use of any technique that deliberately induces pain (previously referred to by the …
Gov response: It is essential that staff are equipped to keep children safe in custodial institutions. That is why they must be trained in the use of safe pain-inducing techniques for scenarios where they may need to …
Not Accepted
FR-6 — Amend Children Act 1989
IICSA
Recommendation: The Inquiry recommends that the UK government amends the Children Act 1989 so that, in any case where a court is satisfied that there is reasonable cause to believe that a child who is in the care of a local …
Gov response: We accept the absolute need for children and young people to have their voices heard, raise concerns and challenge any aspect of their care, including where they may be experiencing or at risk of serious …
Accepted in Part In progress
FR-7 — Registration of Care Home Staff
IICSA
Recommendation: The Inquiry recommends (as originally stated in its Interim Report, dated April 2018) that the UK government introduces arrangements for the registration of staff working in care roles in children's homes, including secure children's homes. Registration should be with an …
Gov response: We accept that rigorous registration of staff working in care roles in children’s homes is essential and we are looking at how best to implement this as part of the Stable Homes, Built on Love …
Accepted in Part In progress
FR-8 — Registration in Young Offender Institutions
IICSA
Recommendation: The Inquiry recommends (as originally stated in its Sexual Abuse of Children in Custodial Institutions: 2009-2017 Investigation Report, dated February 2019) that the UK government introduces arrangements for the professional registration of staff in roles responsible for the care of …
Gov response: We accept the need for registration, noting that internal registration is most appropriate for the young offender institution and secure training centre workforce. We are exploring proposals for how it could operate.
Accepted in Part In progress