This guide is primarily for the officer in the case during a police investigation of child sexual abuse, to help them best communicate the investigation’s outcome to the child who may have been abused. It is also relevant for other professionals involved with the child, to help them understand and explain what will happen at this stage of the criminal justice process to the child and their family.
How will the police make their decision?
After completing their investigation, the police decide whether there is enough evidence to present the case to the Crown Prosecution Service (CPS).
- Usually, Police will have completed one or more Achieving Best Evidence video recorded interviews with the child.
- Police consult with the Crown Prosecution Service (CPS) during the investigation, including seeking Early Advice.
- If the case does not meet statutory tests for prosecution, it is not sent to the CPS.
- If the case does meet statutory tests (sufficient evidence and public interest), it is passed to the CPS.
The CPS decides independently whether the case satisfies statutory tests for prosecution. The Officer in the Case should inform the child about the police decision, reasons behind it, and possible next steps.
How may the child be feeling?
The child will feel a complex range of emotions:
- anxious about what will happen next.
- worried about whether they are believed.
- concerned about their safety.
- Anxiety rises when updates are delayed or missing during the investigation.
When the case is sent to the CPS, realistic expectations about next steps can help the child cope emotionally.
“I really wanted to know what were going on, do you know what I mean, they’d left it for three months.”
“My police officer came round and told me, which I appreciated rather than just a letter or something.”
“It’s just the way [the police officer] were, innit, and then the way she told me that my case had been dropped. She did it over the phone. I was in college as well, it was so bad.”
“I wasn’t even warned of the time period [for the CPS to make its decision]. I asked [the police] and they were, like, ‘it could be up to two months’, that’s what they told me. If they warned me that it could have been over a year then I would have been aware of it and not so much worried the whole time.”
How can the Officer in the Case best help the child when communicating the police decision?
If you are the Officer in the Case, your response to the child and their family should continue to be tailored to their individual characteristics and circumstances.
- Consider diversity and how personal characteristics might increase vulnerability and shape the response to child sexual abuse.
- Consider communication needs in relation to age, language, disability, neurodiversity, or other factor that may impact understanding.
- Inform the child of the decision as soon as practicable, and in person unless they have said they do not want face-to-face visits.
- Ask older children if they want their parent present. It is good practice to speak to a younger child in the presence of their non-abusing parent(s).
- If a parent is suspected of sexually abusing the child, or of being complicit in the abuse, they should not be present when you speak to the child.
- Consider whether the child would benefit from an IDVA or CYPSVA.
If the police are sending the case to the CPS
- When you speak to the child and their non-abusing parent(s), clearly explain what has been done and what will happen next.
- Manage expectations about timescales and outcomes.
- You may want to point out that, in a significant number of criminal investigations into child sexual abuse, the suspect(s) are not charged.
- While you are awaiting the CPS’s decision, maintain good communication with the child and their family.
If the police are not sending the case to the CPS
- Remember, the child has the right to be informed of a decision not to proceed with the case within one day of the decision being made.
- The child and their non-abusing parent(s) must be told clearly why this decision has been made – whether it was on evidential, public interest or other grounds – and how they can get further information.
- The child and/or their non-abusing parent(s) must be told that they have the right to seek a review of the police decision not to proceed with a prosecution.
- Point out to the child and their non-abusing parent(s) that the criminal investigation can be reopened at any point if further evidence comes to light.
- Bear in mind that the child may struggle to take in all the information and may not know what to ask at the time of your visit.
- Leave them a written record of the decision, information on how to contact you, and what they can do if they are not happy with the decision that has been made.
- Communicate the decision with other involved professionals.
How can other professionals best help the child?
There are many ways for professionals to help the child and family:
- Support the child's emotional health, physical health, education, and relationships with their family and friends.
- Tell the child and family about the Criminal Injuries Compensation Scheme (CICS).
- Social workers or IDVAS/CYPSVA may be able to support the police to communicate the decision to the child and family.