This guide explains the support that social workers and other professionals who have been involved in supporting a child and their family during a police investigation can continue to provide if criminal justice agencies cease their involvement with the child.
Why might criminal justice agencies no longer be involved?
The police or the Crown Prosecution Service (CPS) may decide:
- not to charge a suspect.
- not to proceed with a prosecution.
- there is insufficient evidence for a realistic prospect of conviction.
- a prosecution is not in the public interest.
The child or their family may decide not to move forward at this time.
If the CPS does proceed with the prosecution, the case may go to court, at the end of which the suspect (defendant) may be convicted or acquitted of the charges against them.
In some circumstances the case will conclude with a hung jury, where jurors can't agree on a verdict. A decision will be made about whether the case is a mistrial or will be retried in front of a new jury.
Criminal proceedings use the criminal standard of proof – beyond reasonable doubt. This means the jury or judge must be completely convinced, or "sure," that the defendant is guilty.
Family law proceedings use the civil standard of proof - the balance of probabilities. This means that the court must be satisfied that it is more likely than not that an event occurred. This lower standard is intended to ensure that decisions affecting a child's welfare can be made, even when criminal proceedings do not result in a conviction.
Even if the police or CPS do not take legal action, children’s services should still consider what steps need to be taken to safeguard the child. The police or CPS decision should not be regarded as 'proof' that the child was not sexually abused.
How may the child be feeling?
The child will likely feel a complex range of emotions depending on the circumstances.
Where there has been a decision to close a criminal investigation or prosecution, or when there is a hung jury, the child is likely to feel disappointed, angry or distressed. Going through a prolonged investigation may have been a gruelling experience for them, with long-lasting emotional impacts.
“It took about a year and six months to get a decision. It angers me really that I had to wait that long to just be told, ‘Nothing’s happening’. There wasn’t enough evidence.”
“It were a full nightmare. The worst bit was when I got told my decision, that it weren’t going no further.”
“My police officer came round and told me, which I appreciated rather than just a letter or something.”
“My family believed it and my police officer I worked with believed it, but as a whole … the whole criminal justice system were just like ‘phh’ basically. That’s what I felt like, yeah.”
How can you best help the child?
There are many ways professionals can help the child. Consider:
- how the child’s personal characteristics might increase vulnerability and shape the response to child sexual abuse.
- how to support the child's emotional health and wellbeing, physical health, education, and relationships with family and friends.
- whether the child would benefit from support from an independent sexual violence adviser (ISVA) or a child and young person’s sexual violence advocate (CYPSVA).
- whether the child needs and is ready for therapeutic support.
- whether the child is entitled to financial compensation under the Criminal Injuries Compensation Scheme.
If the police or CPS decide not to take action, or the court case resulted in an acquittal, the Officer in the Case should meet with the child and non-abusing family members. They should reassure them they are in no way responsible for the decision that has been made and that it does not mean:
- the child hasn’t been sexually abused.
- the child doesn’t have ongoing child protection or welfare needs which must be addressed.
- the police or the CPS disbelieve the child.
- the child hasn’t been listened to.
Protecting the child
If the police or the CPS has decided not to proceed with the case, or if a court case has resulted in an acquittal, the person(s) of concern will be free.
The police and children’s services, and other relevant professionals, should meet to discuss any ongoing safeguarding needs. The professionals should discuss:
- why the police or CPS did not think the legal standard for criminal proceedings was not met.
- whether the civil legal standard – balance of probabilities – is met.
- whether there are ongoing safeguarding concerns and what steps should be taken to protect the child.
- whether any civil orders are needed to protect the child.
- what impact the decision might have on any ongoing care proceedings.
All professionals around the child should remain alert to possible signs that the child is being sexually abused.
A case can be reinvestigated if further harm occurs or new evidence about the sexual abuse emerges.