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Harmful Sexual Behaviour Practice Guidance and Protocol

Harmful Sexual Behaviour (HSB): Children who Sexually Harm Others and Children who are Sexually Harmed - Practice Guidance and Protocol

February 2025

1. Introduction

Darlington Safeguarding Partnership Children’s Operational Group identified a need to review and refresh guidance in relation to Harmful Sexual Behaviour (HSB). There was a further revision in February 2025.

The revision of this guidance also considered the findings of the Ofsted thematic review (Review of Sexual Abuse in Schools and Colleges (Ofsted, June 2021) [external link] which detailed concerns around sexual peer-on-peer abuse.

This revised guidance has been developed by a multi-agency group and its aim is to provide professionals who work with children and young people with the information necessary to approach and respond to this area of safeguarding confidently, and in partnership wherever possible. 

Principles and Objectives

First and foremost, the priority is the safety and welfare of the child, however there is a strong focus on ensuring any assessment identifies what support might be provided for both the child, and their family when a child has sexually harmed, or when a child has been sexually harmed.  It is intended that a relational approach to working in partnership with children, their families and professionals will assist in providing the right service, at the right time.  Central to all assessment and intervention is the overall aim, to reduce risk, increase safety and help the child and their family move through their experiences feeling fully supported.

Working Together to Safeguard Children (2023) identifies three key principles that are essential when working with children and young people who sexually harm, or children who are sexually harmed:

  • There should be a co-ordinated multi-agency approach including youth justice, children’s social care, education (including educational psychology), health agencies (including child and adolescent mental health) and police;
  • The needs of children and young people who sexually harm should be considered separately from the needs of their victims;
  • A multi-agency assessment should be carried out in each case, appreciating that these children and young people may have considerable unmet developmental needs, as well as specific needs arising from their behaviour. Information sharing between agencies can be key, often, it is only when information from a number of sources has been shared and it is then put together that it becomes clear that a child is at risk of suffering significant harm.

Along with clarity on the above key principles, this guidance provides practitioners with a ‘working definition’ of HSB when considering the actions and experiences of children and young people, also contained in this guidance is a brief overview of the features of behaviours that may be demonstrated.

Of note:  The terms ‘Child who has Sexually Harmed’, and ‘Child who has been Sexually Harmed’ will be used to describe the child victim and child perpetrator.  These terms were agreed as being child centred and more appropriate by Darlington Children’s MASH Operational Group.  The shift in language and terminology reflects the need to acknowledge this harm is occurring from, and to a child.  It is hoped that this will bring about a response where blaming and criminalisation is not the sole focus and that the child, whether this be the Child who has been Sexually Harmed, or the Child who has been Sexually Harmed (or any other child) is first and foremost safe and that an appropriate response is provided.

These procedures are not intended to replace any requirements of either public protection or child protection procedures. Rather, this guidance should inform and enhance any statutory procedures.

2. Definition

Harmful Sexual Behaviour (HSB) is defined by the NSPCC as:

‘developmentally inappropriate sexual behaviour displayed by children and young people which is harmful and abusive’

Harmful Sexual Behaviour (HSB) is the umbrella term for those actions that are either:

  • Sexually abusive, where there is an element of manipulation, force or coercion or where the subject of the behaviour is unable to give informed consent, or
  • Sexually problematic, where there may not be an element of victimisation but where the behaviours may interfere with the development of the child demonstrating the behaviour or which might provoke rejection, cause distress or increase the risk of victimisation of the child.

HSB is harmful to the children who display it as well as the people subjected to it and can take various forms, for example:

  • Peer on peer sexual abuse is defined by the NSPCC as a form of HSB where sexual abuse takes place between children of a similar age or stage of development.
  • Problematic sexual behaviour (PSB) is defined by the NSPCC as developmentally inappropriate or socially unexpected, sexualised behaviour which doesn’t have an overt element or victimisation or abuse.
  • Technology assisted HSB is defined by the NSPCC as when children and young people use the internet or technology such as mobile phones to engage in sexual activity that may be harmful to themselves or others. 

This might include: (not inclusive)

  • developmentally inappropriate use of pornography
  • sexual harassment
  • grooming
  • sending sexual texts, including sexting without images
  • exposing other children and young people to pornography
  • viewing and distribution of Indecent Images of children and extreme pornography
  • voyeurism, e.g. recording an individual(s) in a state of undress or engaging in sexual activity without their knowledge or consent.

With regards to 'sexting', guidance has been published by the CPS (CPS Sexting Guidance) [external link] advising prosecutors that ‘care should be taken when considering

‘sexting’ that involve images taken of persons under 18.’ The guidance advises that it would not usually be in the public interest to prosecute the consensual sharing of sexual images between children and this would suggest most of these incidents be dealt with informally.

Whilst it would not usually be in the public interest to prosecute the consensual sharing of an image between two children of a similar age in a relationship a prosecution may be appropriate in other scenarios, however, such as those involving exploitation, grooming or bullying.

3. Recognition

Some suggestions about features of behaviour are given below as prompts.

Healthy Sexual Behaviours:

  • Age-appropriate
  • Mutual
  • Consensual
  • Exploratory
  • No intent to cause harm
  • Fun
  • No power differential
  • Shared decision making

Problematic:

  • Not age-appropriate
  • One-off incidents or low key, such as touching over clothing
  • Peer pressure
  • Spontaneous rather than planned
  • Self-directed, e.g. public masturbation
  • Other balancing factors, e.g. lack of intent to cause harm or level of understanding, or acceptance of responsibility
  • Other children irritated or uncomfortable but not scared; they feel free to tell someone
  • Other factors such as parents/carers are concerned and supportive.

Abusive:

  • Not age-appropriate
  • Elements of planning, secrecy, force or coercion or lack of consent
  • Power differentials, e.g. age, size, status, strength
  • The response of others, e.g. fear, anxiety, discomfort
  • The response of the child, e.g. fear, anger, aggression
  • The child blames others and takes no responsibility
  • Frequent incidents or increasing in frequency and disproportionate to other aspects of their lives
  • Not easily distracted, compulsive despite intervention
  • Other difficult behaviours, conduct disorders, anger, poor peer relationships etc.
  • May include elements of expressive violence
  • Violent
  • Physically violent sexual abuse
  • Highly intrusive
  • Instrumental violence which is physiologically and/or sexually arousing to the perpetrator
  • Sadism

The Brook Traffic Light Tool may also be useful in distinguishing between 'normal' age-appropriate behaviour and behaviour which causes concern.

Professionals should be aware of Assessment Intervention and Moving on Guidance (AIM) [external link] which supports professional decision making to determine the level of concern when an incident has occurred and a response to HSB is required.

Disclosure of a child sexually harming another child can be extremely distressing, particularly for parents or carers.  In this situation they may react with shock, anger or be in denial about what has happened, they may also take on board some of the child’s minimisation.  It is therefore important that professionals help them through this process at an early stage so they can also help their child.  In most situations early intervention for the child and family can make a real difference and will help to manage the potentially devastating impact of the details of the emerging concern, there will however be situations whereby social care and Police involvement is necessary without delay.

A child or young person exhibiting HSB may be both a child who sexually harms and a child who has been sexually harmed.  However, professionals should acknowledge that not all children displaying problematic, harmful or abusive sexual behaviours have been sexually harmed themselves.  They may have been living in highly abusive, sexual environments with few boundaries, or been exposed to sexual activity or information which is beyond their natural level of development and understanding.  They may live in violent and unsettled family homes where little safety, warmth and empathy is evident.  In general, the younger the child with this type of behaviour the more likely they are to have experienced or witnessed sexual activity.

4. Assessment

Immediate actions

When incidents of harmful sexual behaviour come to light, either through discovery or disclosure, which may be third-party or second-hand information the details provided should be accurately recorded by the person receiving the initial account. It is essential that all victims are reassured that their allegations are taken seriously, and they will be safeguarded.

When there is suspicion, or an allegation that a child has sexually harmed another child you should contact the Children’s Initial Advice Team (CIAT) immediately using the professionals phone line 01325 406252 - 8.30am until 5.00pm Monday to Thursday and 8.30am until 4.30pm on a Friday.  The Emergency Out of Hours Service can be contacted on 01642 524552.

If a child is in immediate danger of sexual harm, or any other form of abuse, you should contact the Police immediately on 999.

Police and Children’s Social Care should consider the immediate risk to the child who has been harmed, and any other children deemed to be at risk of immediate harm and appropriate safety measures put in place.

Strategy Meeting

Within 72 hours, a Strategy Meeting should be arranged for any child under 18 years old who has sexually harmed another child.  Consideration must be made as to whether a separate Strategy Meeting is necessary for the child who has been harmed, it is often the case that a supportive approach is necessary rather than a protective one and therefore a Strategy Meeting may not be deemed proportionate as long as it is clear that the risk from the child who has harmed, or any other person, is no longer present.  The Young People’s Engagement and Justice Service should always be invited to the Strategy Meeting.

If a Strategy Meeting is being held for both the child who was harmed and the child who has harmed, or there is more than two children involved then different social workers should be allocated for the individual children, even when they might reside in the same household/family.  This is to ensure they are both supported through the process of enquiry and that each child’s needs are fully assessed and met.

When the children concerned are the responsibility of different authorities, each child must be represented at the Strategy Meeting, which will usually be convened and chaired by the authority in which the child who has been harmed resides.

Children with sexually problematic / abusive behaviour who are returning to the community following a custodial sentence or time in Secure Accommodation also require consideration through these procedures.

The Strategy Meeting must plan in detail the respective roles of those agencies involved in the Section 47 Enquiry and ensure the following objectives are met:

  • Child and Family Assessment is completed for children under 18 years old who have been sexually harmed, and children under 18 years old who have sexually harmed other children. 
  • In the case of any young adult who has a Disability and is under 25 years old a Child and Family Assessment should be completed.
  • Any criminal aspects of the child who has harmed are investigated by the Police.
  • Information relevant to the protection and needs of the children who has been harmed is gathered.
  • Information relevant to any abusive experiences and to the protection and needs of the child who is alleged to have sexually harmed another child is gathered.

In planning the Section 47 Enquiry, the following factors should be considered:

  • The immediate protection of the children involved;
  • The age of the children involved;
  • Seriousness of the alleged incident/s;
  • The vulnerability of the alleged victim;
  • The victim’s parents’ attitude and ability to protect their child(ren);
  • Which agencies, if any are the child who has harmed / child who has been harmed already open / known to;
  • The risks to, and needs of, siblings of the child who has harmed are assessed and reassessed if there are significant new concerns to ensure that siblings of convicted sexual offenders are safe;
  • The risks to other children / young people, if the child who has sexually harmed another lives in a foster / residential / boarding or other shared environment;
  • A contextual approach to ‘Harm Away From Home’ needs to be taken, consideration of safety in terms of any risks in the community;
  • The response of the parents of the child who has sexually harmed to their child’s behaviour;
  • Whether there are grounds to believe the child who has sexually abused has also been abused;
  • Whether there is reason to suspect that adults have been involved in the development of the alleged sexually harmful behaviours;
  • Arrangements to enable the children to continue their school attendance / education, which will include assistance with a risk assessment for the school;
  • Consideration of referral to the Health Services to ensure that all health needs of both the child who has been harmed and the child who has harmed has been considered, this includes the risk of pregnancy, sexual health screening and treatment;
  • The likelihood and desirability of criminal prosecutions taking place;
  • Has access been requested by the Police for Children’s Services/medical/school records etc? Can anyone in the meeting assist in gaining the information if not done so already?
  • What is the current situation with the child who has been harmed? Who is their single point of contact (SPOC) throughout this process?
  • Who is responsible for updating any other agencies working with the young person if they are not present at the meeting?
  • Whether to initiate an AIM2 Assessment [external link]; 
  • Who will undertake the AIM2 & within what timescale?
  • Who will contact the solicitor, young person & parents/guardian to gain consent for an AIM2?
  • What paperwork is needed in order to complete the AIM2 – who will supply this?
  • What other assessments are available to be submitted to CPS?
  • Who will gain consent for them to be shared if applicable?
  • It might be deemed in the public interest to prosecute, however an AIM2 assessment would assist with this decision and may avoid prosecution if deemed the appropriate course of action once AIM2 is complete.

Where there is suspicion that the child under investigation is also a victim of abuse then the Strategy Meeting must consider the order in which the interviews will take place.  Police will decide whether an alleged offence should be subject to a criminal investigation.

It may, at an early stage, or at any point during such an investigation be concluded that the HSB did take place but there is insufficient evidence, or it is not in the public interest to proceed on a criminal path. In such circumstances the multi-agency group should reconvene to consider whether any ongoing engagement / intervention is required to further assess and / or manage any risk identified. The group should also consider how the young person and family will be informed of the end of criminal matters such that risk management and addressing the behaviour and precipitating factors is not compromised.

From the perspective of the criminal investigation, when a child (aged ten or over) is alleged to have committed an offence, the first interview with him/her must be undertaken by the Police, within the provisions of the Police and Criminal Evidence Act (PACE) 1984 [external link], i.e. it will be an audio taped interview held in a police station, under caution and with a parent or another appropriate adult present.

There may be circumstances in which this approach may not be in the best interests of the overall management of the investigation or the welfare of the child involved, for example when the child has a significant learning difficulty or disability or other vulnerability. In these circumstances, the Police may agree that it may be preferable for a social worker (and other professional as appropriate) to interview the child.

If during the course of being interviewed as a victim of, or witness to alleged abuse, under the provisions of the Achieving Best Evidence Guidance, a child admits offences, these incidents should normally be the subject of a separate interview. This should only be the case where explicit Police agreement has been obtained to this course of action.

Throughout the enquiry the immediate protection of all child(ren) involved must be ensured.

Where the decision is reached that the alleged behaviour does not constitute abuse and there is no need for a Section 47 Enquiry, the details of the referral and the reasons for the decision must be recorded. In each case, and in respect of each child involved or potentially involved Children’s Services will determine the outcome of the referral.

Schools and colleges should refer to the Department for Education guidance - Sexual violence and sexual harassment between children in schools and colleges (updated September 2021) [pdf document] and Keeping Children Safe in Education [external link]

Outcomes of Section 47 Enquiries

If the information gathered in the course of the Section 47 Enquiry suggests that the child who is alleged to have sexually harmed is also a child who has been abused and has suffered due to neglect, physical, emotional or sexual abuse then a Child Protection Conference must be considered and if it is determined an Initial Child Protection Conference should not be held there must be a clear rationale/management oversight in relation to why not.

Assessments of children and young people who have displayed HSB need to take account of the child’s developmental and family circumstances (including own abuse and/or trauma victimisation, and other behavioural issues), along with their educational and social situation, and should look to balance concerns and strengths.

The level of response to HSB displayed by a child or young person will differ case by case and should take into account the seriousness of the behaviour, the needs of the child and their family, the impact on the child(ren) who have been harmed and any other identified risks. In some cases, a structured risk assessment tool may be used to assist trained professionals when intervening with young people who have displayed harmful sexual behaviour. Interventions need to be holistic and child-focused, and involve families.

A number of checklists and risk assessment tools are available within the NICE guidance [external link] which can assist in considering children and young people's sexual behaviour

Children and young people’s use of IT equipment and social media is now widespread. The above prompts can also be used in connection with such behaviour.  Accessing pornography may be problematic for children and could lead to them acting in abusive ways to others.  Social networking and exchanging personal information and images with other children, young people and/or adults could expose the child to abuse and/or precipitate their own harmful behaviour.  Again, the specifics of the child/young person’s behaviour and its context will be important in determining what action to take.

Child Protection Conference

Consideration should be given to inviting a Young Person’s Engagement and Justice Service (YPE&JS) representative to the conference of any child(ren) aged eight or over presenting with HSB.

In addition to carrying out the usual functions, the Child Protection Conference must consider how to respond to the child’s needs as a possible abuser.

Where the child who has sexually abused is not made subject to a Child Protection Plan, consideration should be given to the need for services to address any sexually abusive behaviour.

Multi-Agency Child in Need Meetings

Where there are no grounds for a Child Protection Conference, but concerns remain regarding the child's sexually problematic behaviour, consideration should be given to a Family Safety Plan.  Whether the child is a Child in Need or a Child in Need of Protection, it is important that they receive the appropriate level of intervention commensurate with their level of needs and risks.  There should never be no action taken and agencies should be clear around who is carrying out actions and interventions.  The need to ensure the child’s voice and lived experiences is known and explored is vital.

Children who are harmed and those who harm have complex needs requiring a multi-agency response. Therefore, in cases where there are no grounds for holding a child protection conference, or where one has been held but a child protection plan did not result, a multi-agency meeting should be convened to plan multi-agency services for a child in need.

In most cases universal services will not be deemed appropriate to deal with such a degree of complexity, however through regular reviews if it is considered Building Stronger Families (BSF) are best placed to work with the family then a clear rationale for this transfer must be provided by the Team Manager and a multi-agency meeting convened by Darlington Children's Services must be held to facilitate transfer from Children’s social care to Building Stronger Families (BSF).

Those invited should include original participants of the Strategy Discussion/Meeting and representatives from health, including child and adolescent mental health services (CAMHS), the school and any other professionals with relevant knowledge of the child and their parent(s).

On completion of any assessment, it is important that a multi-agency meeting is held in relation to each child to consider the outcome, and to review and coordinate the roles of relevant agencies in providing identified interventions, including a risk management plan and specialist input for children with special needs. 

It should be clear which agency is responsible for the risk management plan for a child with HSB. The plan should always address the risk to other children wherever the child spends time, including at school and within or near to the home address or placement whenever a child is Looked After by a local authority. A plan must be in place to minimise risk of future offending.

Where there has not been a transfer to Building Stronger Families (BSF) both the risk management plan and support for the child who has been sexually harmed should be reviewed at regular multi-agency meetings. The Chair of the multi-agency meeting should decide the frequency of the review meetings according to each child’s needs / risk.

Children and Young People who services are unable to engage

Where services are unable to engage a child or young person assessed as posing an ongoing risk of sexual harm the multi-agency group should be notified to review the risks and consider any re-engagement / risk management strategies. Where the intervention has become single agency that agency should convene a professionals meeting to involve Police, CIAT, Assessment and Safeguarding, YPE and JS and BSF if appropriate.

Children Moving into, or Re-entering a Local Authority Area

Children with inappropriate sexual or very violent behaviour who are re-entering the community following a custodial sentence or time in secure accommodation, or who move into an area from another local authority, require the multi-agency response (assessment / intervention) described above. The response should be initiated at the earliest opportunity.

Where a child who has been convicted of sexual offences involving the abuse of other children is released into the community, the local coordinator for the Multi-Agency Public Protection Arrangements (MAPPA) must be notified in order to consider if the young person should be discussed under these arrangements.

5. Causes

Evidence shows that own victimisation by sexual abuse is a poor single explanation for why children/young people may present with HSB. The younger the child, with more serious/abusive behaviours, the more likely they have witnessed or experienced highly sexualised environments or actual abuse.  However, even in these situations, it is not always the case but a trauma informed approach should be taken.

Other forms of victimisation – neglect, physical abuse – are as significant, as is witnessing domestic violence. However, the possibility of child sexual abuse MUST be thoroughly and robustly investigated and the child given appropriate opportunities to discuss such a possibility.

Professionals should be open to the idea that disadvantage and/or traumatic experiences may impact the child/young person’s behaviour, and this may not necessarily be due to their own sexual abuse.

6. Child Sexual Exploitation (CSE) and the link with HSB

Child Sexual Exploitation (CSE) and HSB are seen as separate yet interlinked phenomena, with some distinct elements but the potential for overlap.

CSE is more likely to be represented by sexual violence towards teenagers, often in a relational context, and frequently where young people are sexually exploited by either individuals or group offenders (other young people or adults). HSB is envisaged as abuse that more often involves young people harming younger pre-pubescent victims of all genders in family or community contexts.

Young people who sexually abuse other young people within the context of relationships, often described as ‘peer-on-peer’ abuse (Firmin, 2015), fit the definitions of both HSB as sexual behaviour which victimises others and CSE as exploitative, exchange based abuse. Hackett et al (2016) therefore argue that it is appropriate to view HSB and CSE as distinct but overlapping forms of sexual abuse, as both share the elements of coercion, misuse of power, violence and lack of consent and choice.

7. Response

If you are concerned that a child/young person is presenting with HSB, then speak to your manager or designated child protection lead. Action should be taken in accordance with child protection procedures.  Ultimately what action is taken to help the child should depend on, and be proportionate to, the type of behaviour being demonstrated and the child’s developmental stage and needs.  These decisions should be taken in collaboration with the child/young person’s parents/carers.

Consideration should also be given to safeguarding children in contact with the child /young person who may be demonstrating harmful sexual behaviour, including siblings.

Any concerns about a child or young person not already known to Children's Services should be reported via the Children’s Initial Advice Team using the designated professionals telephone line – 01325 406252.

8. Useful Information and resources