Children’s Commissioner calls on Government to strengthen Crime and Policing Bill to protect children from exploitation
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The Children’s Commissioner has warned that although the Government’s Crime and Policing Bill presents a “vital opportunity” to strengthen the safety, protection and wellbeing of children, there are areas in which it “must go further”.
The Crime and Policing Bill had its second reading in the House of Lords last week, and contains provisions on targeting those who exploit and abuse children.
According to the Children's Commissioner, Dame Rachel De Douza, the Bill as currently drafted would allow a perpetrator to escape conviction if the child is over the age of 12 and the perpetrator “reasonably believed” they were an adult.
In a blog post on 16 October, Dame Rachel observed: “Essentially, if a 13-year-old child is exploited to traffic drugs or steal, but the offender claimed they reasonably believed the child was older, they could avoid the new offence entirely.
“This cannot be right. Allowing room for interpretation, enables offenders to take advantage of the ambiguity and avoid accountability.”
She noted that when an adult exploits any child for criminal gain, this should “always” be a mandatory criminal offence, “regardless of the child’s perceived age”.
She added: “This clause risks replicating the same legal grey areas that have long hindered justice for victims of child sexual exploitation. Drafted with the same intention of avoiding criminalising someone who reasonably believed a child was older, in practice, it has been used to the benefit of older men who groom underage children for sex.”
The Children’s Commissioner warned that without the clause’s removal, there is a risk that perpetrators may attempt to “undermine the credibility of vulnerable victims” by focusing on the child’s appearance and behaviour and shifting scrutiny away from their actions.
She said: “This is of particular concern as perpetrators often target vulnerable children who due to past traumas may appear more mature and less ‘innocent’ and disproportionately affects children of black and mixed heritage. Removing this clause is essential to avoid that kind of prejudice against vulnerable groups of children.”
Meanwhile, the Children’s Commissioner highlighted the importance of child victims of criminal exploitation receiving protection and support, rather than punishment.
She therefore called for reform of the National Referral Mechanism (NRM) process, to ensure that victims are automatically referred.
Finally, she called on Government to implement a national strategy and issue statutory guidance on child criminal exploitation - bringing together police, social services, education and health.
She said: “We cannot continue to treat child criminal exploitation as a series of isolated cases. It is often driven by organised crime networks that target the most vulnerable and can involve cuckooing and internal concealment.
“No child should ever be criminalised for their own exploitation. Just as we protect children from sexual abuse and neglect, these changes would protect children from being drawn into crime by adults who profit from their vulnerability.
“The new offence of child criminal exploitation has the potential to be transformative, but only if it is built on the foundation of strong safeguards, clear accountability and compassion. Making these changes to the Bill will ensure that every child victim of exploitation is seen, protected and support – not blamed.”
The Home Office has been approached for comment.
Lottie Winson
