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Abuse of a position of Trust
All staff should clearly understand the need to maintain appropriate boundaries in their dealings with young people. Intimate or sexual relationships between staff and pupils will be regarded as a grave breach of trust. Any sexual activity between a member of staff and a pupil under 18 years of age may be a criminal offence.
The offence of abuse of a position of trust was originally set out in the Sexual Offences (Amendment) Act 2000 . The Sexual Offences Act 2003 re-enacts and extends the abuse of position of trust offences set out in the Sexual Offences (Amendment) Act 2000.
The Sexual Offences (Amendment) Act 2000 set out a series of occupations to which the abuse of position of trust laws apply.
- Institutions looking after young people who are detained under a court order or enactment, such as a Young Offenders Institution.
- Accommodation provided by local authorities and voluntary organisations under statutory provision.
- Hospitals, independent clinics, care homes, residential care homes, private hospitals, community homes, voluntary homes, children's homes and residential family centres.
- Educational institutions.
The Sexual Offences Act 2003 introduces additional occupations to which the position of trust laws apply. These cover people who look after young people under 18 in the following ways:
- Looking after them on an individual basis by providing services under the Learning and Skills Act 2000. This includes Connexions Personal Advisers.
- Regularly having unsupervised contact with them as part of local authority provisionaccommodation to young people who are in need, under police protection or detention, or on remand.
- Having regular, unsupervised contact with them as someone who regularly reports to a court on matters of their welfare.
- Looking after them on an individual basis as a Personal Adviser appointed under relevant legislation, such as when young people leave local authority care.
- Looking after them in an official capacity on a regular basis when they are subject to a care order, supervision order, or education supervision order.
- Acting as their guardian as set out in the Children Act 1989, the Adoption Rules 1984 and the Family Proceedings Rule 1991.
- Looking after them on an individual basis after their release from detention or in pursuance of a court order. This includes Youth Offending Teams and treatment providers.
The Act's provisions meant that, subject to a number of limited definitions, it would be a criminal offence for a person in a position of trust to engage in any sexual activity with a person aged under 18 with whom they have a relationship of trust, irrespective of the age of consent even if the basis for their relationship is consensual. A relationship of trust exists one where a member of staff or volunteer is in a position of power or influence over a pupil or student by virtue of the work or nature of the activity being undertaken. All staff should ensure that their relationships with pupils are appropriate to the age and gender of the pupils, and take care that their language or conduct does not give rise to comment or speculation. Attitudes, demeanour and language all require care and thought, particularly when members of staff are dealing with adolescent boys and girls.
From time to time staff may encounter young people who display attention seeking behaviour, or profess to be attracted to them. Staff should aim to deal with those situations sensitively and appropriately, but ensure that their behaviour cannot be misinterpreted. In these circumstances, the member of staff should also ensure that a senior colleague is aware of the situation.
The Home Office have produced a leaflet "Working within the Sexual Offences Act 2003" which contains useful advice and guidance on abuse of a position of trust.
