Online Safety for Schools Online Safety Magazine for Schools | Page 23
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Outcome 21
The National Police Chiefs Council (NPCC), which is working in partnership with the Child Exploitation and Online
Protection Centre and the UK Council for Child Internet Safety issued guidance in response to the increase in the
number of sexting offences and concern among schools that children are not “over-criminalised”. Outcome 21
offers Guidance to police forces in England and Wales covering the basis for mounting an investigation into alleged
sexting offences and allows discretion to take no further action in certain cases.
Every crime reported to the police must have an outcome code. The NPCC, Home Office and the DBS have agreed
a new outcome code for youth-produced sexual imagery. Outcome 21: This outcome code allows the police
discretion not to take further action if it is not in the public interest, even though there is enough evidence to
prosecute.
Using this outcome code is likely to mean the offence would not appear on a future Enhanced DBS check, although
not impossible, as that disclosure is a risk-based decision.
So, whilst Outcome 21 will hopefully mean 'no further action' no 'criminalisation' it can have an impact on the childs
future, should they require a DBS Enhanced Disclosure for future gap year or full-time employment.
Conclusion
If a child or teenager gets involved in Sexting (which is highly likely), the response should always be guided by the
'principle of proportionality' this must include taking into consideration the number of images taken and sent. The
primary concern always should be the welfare and protection of the young people involved. Therefore, I believe we
should not be criminalising our young people and if Police consider no further action then at no stage should the
report feature on any further DBS enhanced disclosure.
Whilst this action will prevent unnecessary Legal Consequences, it will not prevent 'Non legal psychological
Consequences' which is why education and dialogue is the 'way forward'. The first part of stopping this epidemic of
sexting is to know what the problem is, which is behaviour and understanding. Whilst there has been a call for
compulsory sex and relationship education (SRE) for schools, there should also be compulsory Online Safety and
Social media Workshops. These workshops must be carried out by experts who have dealt with victims, offenders,
have worked with the law and continue to research online behaviour and its impact as a result of 'inappropriate
behaviour'.
We will never police our way out of this problem, but we can inform, advice, and educate young people on the
consequences of taking 'Sexy Selfies'.
Jonathan Taylor MSc
Online Safety & Social Media Consultant