Quick Guide: Exclusions and Child Criminal Exploitation

This Quick Guide provides information on the law and practice in relation to young people who are facing exclusion having been victims of criminal exploitation, or who are at risk of exploitation after their exclusion.

This guide will cover:

What is Child Criminal Exploitation?
What is the link with school exclusion?
What responsibility do schools have to consider exploitation before excluding someone?
1. In education law
2. In safeguarding The process of protecting children and vulnerable people from harm. rules
3. In public law
What should a school do instead of excluding a victim of exploitation?

1. What is Child Criminal Exploitation?

The Statutory Guidance titled Working Together to Safeguard Children, defines child criminal exploitation ( CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. ) as:

Where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18 into any criminal activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial or other advantage of the perpetrator or facilitator and/or (c) through violence or the threat of violence. The victim may have been criminally exploited even if the activity appears consensual. Child criminal exploitation does not always involve physical contact; it can also occur through the use of technology.

CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. takes a variety of forms; but ultimately it is the grooming and exploitation of children into criminal activity. Commonly, this occurs as a part of the selling of illicit drugs and has become most associated with “county lines” drugs trafficking, in which young people are made to act as couriers for drugs originating in the cities and being transported into other areas. However, it can also include children being forced to work in cannabis factories, forced to commit financial fraud, forced to shoplift or pickpocket, or to threaten other young people. However, it should be noted there is no definition in primary legislation of CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. .

Young people are groomed into criminal activity through a process which sees the perpetrator build and then abuse the victims’ trust or friendship. This can be highly effective, and the victims may not see themselves as victims or may not know how to seek help.

As a result, this is an incredibly difficult problem to identify and respond to. However, the consequences for children and young people caught up in this practice can be dire. Most obvious is contact with the criminal justice system. Those caught carrying drugs or weapons face significant sanctions including custodial sentences. Additionally, the control of young people can involve violence which puts them at risk. Finally, violence with others involved in the drugs trade puts the young people involved at routine risk of serious physical harm.

It is therefore important that all professionals working with potential victims are aware of the signs of exploitation and know how to respond if they spot it.

2. What is the link with school exclusion?

The National Crime Agency identifies placement in alternative provision An education institution for students outside of mainstream and special schooling. Includes Pupil Referral Units and annexes to mainstream schools. (AP) as a factor that will increase a young person’s risk of CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. . The Children’s Society, National Police Chief’s Council, and the Home Office have all identified exclusion from mainstream education as a factor that places young people at risk of CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. with the NSPCC stating that children are more likely to be exploited when “they’ve been excluded from school and don’t feel they have a future”.

The number of children in the criminal justice system who have experience of exclusion is enormous. There are several reasons for this. Children in Pupil Referral Units (PRUs) are typically supervised for fewer hours per week than those in mainstream education and some children disappear from the education system altogether and do not attend AP. Some families opt not to send children to a PRU for fear of the detrimental consequences, even where there is no other placement on the table.

Reports gathered from children by Just for Kids Law suggest that many also experience a process of institutionalisation in PRUs, with exposure to violence, drugs and gang associations that had not been present in mainstream school. These risks multiply when the young person is already vulnerable to exploitation because, for example, they have additional needs which makes them easier to manipulate, or they have siblings or other family members who have become involved in criminal activity, or they live in, or the PRU exists in, an area known to be one where exploitation takes place.

3. What responsibility do schools have to consider exploitation before excluding someone?

In the criminal courts, if a child is referred through to the National Referral Mechanism (NRM) and found to be the victim of CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. , they may have a defence in law to the offences they are charged with. However, in education there is no equivalent. The NRM is the statutory framework for identifying victims of modern slavery and human trafficking (including exploitation) to ensure they receive necessary protection, of which CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. is one type of exploitation.

Responsibility on schools to consider exploitation as a factor in a person’s behaviour, or to consider a young person’s vulnerability to it prior to imposing an exclusion, is not explicitly set out anywhere in law or guidance. However, there are several existing sets of rules which may be helpful.

In education law

These aspects of education law are covered in detail throughout this platform, and particularly in the Quick Guide: the Head Teacher’s Power to Exclude. Some important points are picked out here and their relevance to CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. explained.

Governors have a broad duty at paragraph 63 of the Statutory Exclusions Guidance Statutory guidance to schools, governors and local authorities on the law and process for excluding, and reviewing exclusions. The 2017 edition of the guidance is the current version. to consider the interests and circumstances of the excluded pupil before deciding whether to uphold the exclusion. Clearly, the interests of the young person include their safety and wellbeing. In addition, if it can be demonstrated that their offending behaviour will be ended if the link between them and their exploiter is broken, this will not only be in their interests but in the interests of the rest of the school community too.

Schools must, as is detailed in the Key Points of the Guidance, only permanently exclude as a last resort. If there is a productive alternative to exclusion, it should be pursued. This may include engaging with safeguarding The process of protecting children and vulnerable people from harm. programs that may be able to end that young person’s exploitation and prevent their further engagement with offending behaviour.

The main test for exclusions at paragraph 16 of the Guidance makes clear that a young person must only be excluded if their remaining in the school “would seriously harm the education or welfare of themselves or others in the school”. If a young person’s exploitation can be ended, and this would prevent further disruptive behaviour, then this test is not met because the young person could be safely returned to school. Therefore, where ending a young person’s exploitation is an alternative to school exclusion, it should be pursued instead.

Paragraph 18 of the Guidance directs a headteacher to account for factors that may have contributed to a young person’s behaviour. Their exploitation would of course be a clear and direct contributor to behaviour such as carrying drugs and a headteacher should ensure this is factored into their decision making.

In safeguarding The process of protecting children and vulnerable people from harm. rules

The Keeping Children Safe in Education (the Safeguarding Guidance) is binding statutory guidance that all schools and colleges must have regard to.

It contains general provisions about the requirements to safeguard young people in the education system, and a specific section on criminal exploitation. All staff in every school should be familiar with Part 1 of the guidance which covers general safeguarding The process of protecting children and vulnerable people from harm. points.

The Safeguarding Guidance affirms at paragraph 2 that all staff, and indeed all adults, should consider what’s in the best interests of the child at all times.

For the purpose of the guidance, safeguarding The process of protecting children and vulnerable people from harm. involves four activities, each of which touch on the issue of criminal exploitation:

protecting children from maltreatment;
preventing impairment of children’s mental and physical health or development;
ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and
taking action to enable all children to have the best outcomes.

Bearing in mind that exploitation is maltreatment, a risk to the victim’s mental and physical health, incompatible with safe care and a mortal threat to their best outcomes, it is very clear that all of these activities relate to CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. .

A school therefore must take steps to prevent CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. . When an exclusion would further that young person’s exploitation, a school must account for that and they should not exclude simply as a matter of policy where that exclusion presents a safeguarding The process of protecting children and vulnerable people from harm. risk to the young person.

The Safeguarding Guidance also includes specific information to school leaders about CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. . It combines its definition with Child Sexual Exploitation ( CSE "Childhood Sexual Exploitation": the inducement of children to engage in sexual activity through coercion or manipulation. ), but it is still helpful to demonstrate to schools what they should be watching for and warning signs they should be aware of. It states at paragraph 28:

Both CSE "Childhood Sexual Exploitation": the inducement of children to engage in sexual activity through coercion or manipulation. and CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. are forms of abuse and both occur where an individual or group takes advantage of an imbalance in power to coerce, manipulate or deceive a child into sexual or criminal activity. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, sexual identity, cognitive ability, physical strength, status, and access to economic or other resources. In some cases, the abuse will be in exchange for something the victim needs or wants and/or will be to the financial benefit or other advantage (such as increased status) of the perpetrator or facilitator. The abuse can be perpetrated by individuals or groups, males or females, and children or adults. The abuse can be a one-off occurrence or a series of incidents over time, and range from opportunistic to complex organised abuse. It can involve force and/or enticement-based methods of compliance and may, or may not, be accompanied by violence or threats of violence. Victims can be exploited even when activity appears consensual and it should be noted exploitation as well as being physical can be facilitated and/or take place online.

Then, at Annex A, the Safeguarding Guidance includes a list of indicators that staff should be aware of, these include:

children who appear with unexplained gifts or new possessions;
children who associate with other young people involved in exploitation;
children who suffer from changes in emotional well-being;
children who misuse drugs and alcohol;
children who go missing for periods of time or regularly come home late; and
children who regularly miss school or education or do not take part in education.

Where these factors are present in a young person facing exclusion, the school should be asked to account for what considerations they have made of them.

In public law

As is made clear in the Statutory Exclusions Guidance Statutory guidance to schools, governors and local authorities on the law and process for excluding, and reviewing exclusions. The 2017 edition of the guidance is the current version. , an exclusion must be proportionate. This means that, the greater the impact on the excluded child, the greater the justification must be for imposing it.

Where an exclusion calls into question the physical safety of a young person, and looks likely to expose them to the criminal justice system, exploitation and serious injury, that exclusion may be challengeable on the grounds that it is disproportionate to impose such a punishment.

4. What should a school do instead of excluding a victim of exploitation?

Commonly the reason for imposing exclusions on a student who is being exploited are serious. This is because when young people are criminally exploited, it is typically with the objective of carrying drugs. They will also be more likely to carry a weapon. Both of these offenses are often red-line issues for a school which will result in immediate permanent exclusion An exclusion that results in the young person being removed from the school register and barred from the school’s campus indefinitely. .

Some schools may be sympathetic to the student’s situation but fear for the safety of the rest of the school community. They may ask you as a representative for the young person to suggest what other options are realistically open to them to respond to a serious situation.

There are a range of options available to the school, and should a family wish, they may want to put constructive proposals forward.

The National Referral Mechanism (NRM): the NRM is the statutory framework for identifying victims of modern slavery and human trafficking (including exploitation) to ensure they receive necessary protection, of which CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. is one type.
Whilst this does not result in practical steps being automatically taken, it can be a vital safeguard against future prosecution and exclusion by proving the role of exploitation in a young person’s behaviour.
The NRM framework aims to protect child victims of exploitation and prompt appropriate support. Schools can refer a child to the NRM by locating an appropriate “first responder” such as children’s social services or some NGOs and providing them with the details of their concerns. Read more on the NRM, “first responders”, the referral process and how to ensure the right outcome in this ECPAT guide. You can also read about CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. in the Youth Justice Legal Centre’s guide to CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. .
Managed move: with the consent of the family, a school can arrange to move a child to another school voluntarily. If a new school place out of that young person’s area would be a productive way of ending their exploitation, the family may want to consider requesting this option. More information can be found in the Quick-Guide: Managed Moves.
Behavioural contract: a student can sign a behavioural contract with the school which may include requirements that they report to staff over a certain period, that they allow their bag to be searched on arrival and other measures deemed necessary. This may reassure the school that the young person will not have dangerous items with them on arrival. Of course, this can only work if the young person consents and agrees to allow these intrusive measures to be taken. Many young people fear being seen to cooperate against their exploiters or refuse to acknowledge that they are the victim of CCE "Childhood Criminal Exploitation": the process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking. which may frustrate their engagement with a contract.
Involvement of external services: a family may wish to inform external services who can support the young person. Of course, if safeguarding The process of protecting children and vulnerable people from harm. concerns are identified, they or the school may have a responsibility to alert external services even over the young person’s objections. These referrals may engage the support of specialist exploitation workers or charity workers who can support the young person to recognise the reality of their situation and take effective steps to sever the link between themselves and their exploiters. The Police may be informed. If they are and wish to speak with the young person, the family should seek criminal legal advice as soon as possible.
- Abianda: London-based social enterprise that works with young women affected by gangs and county lines aged up to 25, and the professionals who support them. Young women follow a structured programme of topics which are designed to help them grow their critical thinking. Abianda provides a wraparound one-to-one and advocacy service for young women affected by gangs and county lines. Young women get a dedicated Abianda practitioner who will meet with them weekly (or more if needed).
- AFRUCA: Therapeutic services, advocacy, a victim support worker and referral service, expert reports, training. Culturally appropriate therapeutic service for BME children, young people and families who have survived or have been at risk of different forms of child abuse and exploitation.
- Barnardo’s Independent Child Trafficking Guardians: Provide direct, specialist support to trafficked children. Help young victims cope with the practical and emotional traumas of being trafficked. Specialist support workers help them to understand what is happening with social care services, the police and immigration – in ways that they can understand. Runs specialist Independent Child Trafficking Guardianship Service (ICTGS) services in Wales/Cymru, East Midlands, West Midlands Combined Authorities, Croydon, Hampshire and the Isle of Wight and Greater Manchester. Runs a specialist fostering service in the southeast that finds safe and loving homes for trafficked children.
- Fearless: A site where young people can access non-judgemental information and advice about crime and criminality. Currently has seven Fearless Outreach Workers delivering workshops to young people and professionals in a variety of areas across the country.
- SafeCall: A service provided by UK charity Missing People which supports children and young people who have been away from home and exploited by gangs or involved with country lines. A trained and dedicated telephone advisor can offer a safe space to discuss their experiences, explore their options, and help formulate a safety plan. SafeCall can also be accessed by parents and carers of exploited young people for emotional support, confidential discussions and guidance on keeping family members safe.
- Safer London: Supports young men and women aged 15 to 24, who are at significant risk of harm of violence in the community, at risk to themselves, or who pose a risk of harm to others. Can support young Londoners living in any borough who aren’t already receiving support from local services, or other statutory organisations, or if the services they require aren’t available locally to them. Young people are allocated a dedicated support worker who will work with them on a one to one over an extended period of time, usually for six months. The intervention is tailored to meet the young person’s needs including support surrounding safety awareness, improving health and well-being, improving relationships with peers and family dynamics. The sessions are delivered in a place that is safe for that young person, whether this by at home, school or elsewhere in the community. Specialist family workers work on a one to one with parents.
- Streets of Growth: Streets of Growth is an outcome driven charity, working to reduce harm and positively transform the lives of the most vulnerable and at-risk young people and their families in Tower Hamlets East London (and neighbouring boroughs).
- St Giles Trust: Help for vulnerable young people involved in or at risk of criminal exploitation. Direct, intensive help for young people and those around them. Work with those at risk through prevention and awareness-raising and offer support to parents and professionals working with young people.
- Unseen UK: Women’s and men’s safehouses allow survivors of trafficking and slavery to access a range of services including: emergency and ongoing medical care and treatment; trauma counselling; legal advice and assistance; financial assistance; immigration advice; assistance to return home or to reside in the UK; holistic therapy sessions; access to education, employment or volunteering; training in how to assess safe relationships. Ofsted-registered Unseen Children’s House is a pilot project with the first specialised safehouse for trafficked children in the UK. Volunteer house parents provided a loving family environment for up to three trafficked children, while a specialist staff team provided bespoke support, and increased security features kept children safe.The UK Modern Slavery Helpline and Resource Centre provides a means for victims, the public, statutory agencies and businesses to report concerns and get help and advice, on a 24/7 basis. The Modern Slavery Helpline is fully independent and confidential. It is free to call on 08000 121 700, submit reports online or spot the signs of modern slavery and report concerns using the free Unseen App.
- Baobab Centre for Young Survivors in Exile: A non-residential therapeutic community, every child and young person is provided with a key worker, a mixture of psychotherapeutic and therapeutic help, with the possibility of accessing individual psychotherapy, group psychotherapy, practical casework and social work support and a variety of group-based therapeutic activities, including regular music workshops, a philosophy discussion group and individual and group English classes as well as holiday projects and an annual summer therapeutic retreat.
- ECPAT UK: Supporting children who have been trafficked, youth programme, campaigning and lobbying, expert reports, training.
- NSPCC Child Trafficking Advice Centre (CTAC): Advice line, training, advocates, first-responder.
- The Children’s Society: Work with boys and young men aged 11 – 25 who have been trafficked to the UK providing advocacy, a fortnightly boys’ group in partnership with ECPATUK and awareness raising.
- The Refugee Council: Have both trafficked boys’/young men’s project and a trafficked girls’/young women’s project. The projects offers direct support to these children, focusing on their safety and protection while supporting them through the various legal and other processes which they have to undergo. They also offer advice to others involved in their care. The Refugee Council Children’s Section also provide a therapeutic service.

Even if the family cannot provide an agreeable plan, this does not mean that the school has the tacit agreement to proceed with the exclusion. It is the school’s responsibility to take safeguarding The process of protecting children and vulnerable people from harm. steps and the family is not under an obligation to make a positive plan for a young person’s safeguard.