The Children’s Society – Guide to Child Exploitation
The guide developed by the Children’s Society aims to assist those representing children (primarily defence solicitors) in having a more consistent understanding of - and response to - child exploitation. It draws on direct evidence from exploited children and their families, as well as other professionals including the CPS and CCRC and can be used alongside the YJLC child criminal exploitation resource.
Details
The guide provides a comprehensive exploration of factors leading to and indicating child exploitation and aims to provide lawyers with a holistic understanding of what can be done to best support children and young people who are or are suspected to have been exploited, including trauma-informed lawyering, cultural competency (see page 28) and use of the s45 NRM defence.
Across the report, the key findings in relation to improving practice are as follows (page 34):
- Awareness of exploitation and its indicators when working with children;
- Ability and willingness to advocate for an NRM referral where exploitation has been identified and understanding/preparation of the s45 defence;
- Ensuring continuing professional development on exploitation topics, including trauma-informed practice, cultural competency and safeguarding;
- Effective communication with other professionals working with the child and with the child and child’s family throughout the criminal justice process.
Commentary
All children require specialist representation. For those who have been exploited, there are a number of unique challenges that they may face at various points in the criminal justice process and it is vital that those representing them have a good understanding of both effective and trauma-informed ways of communicating with the child, and the defences that are available as well as how to effectively deploy them.
In particular, the report finds that the s45 defence is still not consistently well understood, resulting in missed opportunities to divert an exploited child away from the criminal justice system and recognise the harm done to them.
In order to effectively represent a child, it is vital that practitioners are alive to indicators of exploitation (which can occur at any point throughout the criminal justice process) as well as the potential impact of exploitation on a child’s behaviour and ability to engage with the criminal justice process. There is no model of what an exploited child looks like, and victims will present in different ways; effective communication across agencies may assist in identifying those with less obvious indicators.
Where applicable, practitioners should be ready to apply for special measures, and in all cases to make the court aware of any communication and/or other needs that a child may have. Where exploitation has been identified but no NRM referral has been made, practitioners should be in a position to advocate for a referral.
The guide brings together a number of resources and signposts practitioners to further sources of training and support (page 41) and it is recommended that training on child exploitation is undertaken by all practitioners representing children.
Written by Violet Smart, Doughty Street Chambers