This summary guide explains the support social workers and other practitioners who have been involved in supporting a child and their family during a police investigation, and possibly a prosecution, 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, or not to proceed with a prosecution. This may happen because they feel there is insufficient evidence for a realistic prospect of conviction, ora prosecution is not in the public interest.
Also, the child or their family may decide that they do not want a criminal investigation or prosecution to proceed at this time.
Where the CPS does proceed with a 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 – or the court case may conclude with a hung jury, possibly resulting in a retrial.
Even if the police or CPS do not take legal action, or a suspect is acquitted, children’s social care should still consider what steps need to be taken to safeguard the child. The police, CPS or court decision should not be regarded as 'proof' that the child was not sexually abused.
Remember that criminal proceedings use the criminal standard of proof – a jury or judge must be convinced beyond reasonable doubt that the defendant is guilty. It can be difficult to meet that standard of proof, but that does not mean that the child hasn’t been sexually abused.
(In contrast, family law proceedings use the civil standard of proof: the Family Court must only be satisfied that an event is more likely than not (on the balance of probabilities) to have 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.)
How may the child be feeling?
Where there has been a decision to close a criminal investigation or prosecution, or a prosecution court case ends in acquittal or 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.”
For the sources of the quotations above, please download our full practice guide to this stage of the Response Pathway.
All practitioners around the child and family should consider:
- how the child’s personal characteristics might increase their vulnerability and shape their response to the news that the criminal investigation or prosecution has not resulted in a conviction
- how the child's emotional health and wellbeing, physical health, education, and relationships with family and friends can be supported
- 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), if they do not already have one – they can continue to receive support from an ISVA/CYPSVA regardless of the criminal justice outcome
- whether the child needs and is ready for therapeutic support
- whether the child is entitled to financial compensation under the Criminal Injuries Compensation Scheme.
The Officer in the Case should meet with the child and non-abusing family members, reassuring them they are in no way responsible for the criminal justice outcome 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 have 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 social care, and other practitioners where appropriate, should meet to discuss any ongoing safeguarding needs and establish:
- why the police or CPS did not think the legal standard for criminal proceedings was not met, or why they think the jury did not deliver a guilty verdict
- whether the civil legal standard of proof of sexual abuse – on the balance of probabilities – is met
- whether there are ongoing safeguarding concerns
- what steps should be taken, including through civil orders, to protect the child
- what impact the criminal justice outcome may have on any ongoing care proceedings.
All practitioners around the child should remain alert to possible signs that the child is being sexually abused. Remember that a case can be reinvestigated if further harm occurs or new evidence about the sexual abuse emerges.
External links
- The Victims’ Code [Ministry of Justice]
- Independent sexual violence adviser: Statutory guidance [Ministry of Justice]
- Find an ISVA [The Survivors Trust]
- Victims’ Right to Review Scheme [Crown Prosecution Service]
- Child exploitation disruption toolkit [Home Office] – contains information on civil orders
- Criminal injuries compensation: a guide [Criminal Injuries Compensation Authority]