Bills

UK

Mencap responds to the Mental Health Bill

Jon Sparkes, OBE, Chief Executive of learning disability charity Mencap, said:
“This Bill can’t come soon enough for the 2,000 people with a learning disability and/or autism who are stuck in mental health hospitals right now, as well as those at risk of admission. Reforming the Act is key to ending inappropriate detention and placing new duties on commissioners to ensure the right community support is developed.

“We welcome the inclusion of reforms to stop people with a learning disability and autistic people being detained when they don’t have a mental health condition. The NHS’s own reviews have shown that over 40% of people trapped in mental health hospitals do not need to be there, yet they face an average of nearly five years locked away. The Bill must put in place strong duties to develop the right community support, including social care and suitable housing, which alongside the Bill’s other reforms could bring this scandal to an end. We will scrutinise the Bill to make sure it delivers the change we want and need to see for people with a learning disability.” 

Legislation

New Orders UK

New Respect Orders will see repeat perpetrators of anti-social behaviour subject to tough restrictions on their behaviour.

All the provisions in the bill apply to England and Wales. Certain provisions also apply to Scotland and Northern Ireland. The provisions in the bill relate to a mixture of devolved and reserved or excepted matters in Scotland, Wales and Northern Ireland.

Meeting a manifesto pledge to crack down on anti-social behaviour, the new Respect Orders will give the police and local councils powers to ban persistent offenders from town centres or from drinking in public spots such as high streets and local parks, where they have caused misery to local people. These will be piloted prior to national rollout to make sure they are as effective as possible.
Perpetrators can also be required to address the root cause of their behaviour by being mandated to undertake positive rehabilitation, such as attending drug or alcohol treatment services, or an anger management course to address the underlying causes of their behaviour.

Failure to comply with Respect Orders will be a criminal offence. Police will have the ability to immediately arrest anybody who is breaching their Respect Order.

Police will also be given stronger powers to seize vehicles involved in anti-social behaviour, with officers no longer required to issue a warning before seizing the vehicles which bring misery to local communities.

This will allow police to deal more swiftly with the scourge of off-road bikes in public parks and dangerous e-scooters on pavements, street racing and cruising. It will also assist the police in tackling car meets, which can see hundreds of cars gather in public spaces that often include loud aggressive engine revving and intimidating music.

Criminal Justice Bill 2023: factsheets 

1.  The Independent review by Keith Makin into the Church of England’s handling of allegations of serious abuse by the late John Smyth has been published.

Keith Makin, who led the independent review, said:
“The abuse at the hands of John Smyth was prolific and abhorrent. Words cannot adequately describe the horror of what transpired. Many of the victims who took the brave decision to speak to us about what they experienced have carried this abuse silently for more than 40 years.

“Despite the efforts of some individuals to bring the abuse to the attention of authorities, the responses by the Church of England and others were wholly ineffective and amounted to a coverup. The Church and its associated organisations must learn from this review and implement robust safeguarding procedures across their organisations that are governed independently.

“This has been a long process but a necessary one to uncover the extent of John Smyth’s despicable behaviour and how the Church reacted to it. “I would like to sincerely thank the victims for their courage, grace and dignity and I would like to remind everyone reporting on this review about their right to anonymity and privacy.”

The Archbishop of Canterbury, Most Rev. Justin Welby resigned 11th November 2024

2. National review into child sexual abuse within the family environment “I wanted them all to notice”

The national review analysed 136 serious child safeguarding incidents, and 41 related serious case reviews (SCRs) and local child safeguarding practice reviews (LCSPRs).

It explores the specific challenges which feature in the identification, assessment, and response to child sexual abuse within the family environment.

It sets out recommendations and findings for national government and local safeguarding partners to protect children at risk.

Ofsted

1. Ofsted opens registrations for new childcare provider type: Register as a childminder without domestic premises.

Ofsted has begun accepting applications for a new category of childcare provider, as part of a series of changes the Department for Education has introduced to give the early years and childcare sector more flexibility.
Childcare providers now have the option to register as childminders without domestic premises, meaning they can work solely from somewhere other than a home, such as a village hall.

Previously, childminders had to register on domestic premises and spend at least 50% of their time working from a home address. The government has now removed this limit, but those registered to provide care at someone’s home will still have to spend some of their time on domestic premises. It will be up to individual providers to decide how best to split this between settings.

The total number of people who can work together under a childminder’s registration has also increased from 3 to 4, allowing providers more flexibility to work with others, such as co-childminders and childminding assistants.

The new guidance, explains how these changes will impact on childcare providers and how to register under the new provider type.

2. New powers handed to Ofsted to crack down on exploitative children's care providers and transparency to be increased around their finances.

The government has embarked on major reform to end years of neglect of the children’s social care support system – breaking the cycle of late intervention and helping keep families together wherever possible so every child has the opportunity to thrive.

A wide range of new reform measures will be set out in Parliament to deliver better outcomes and a more secure life for children across the country. The government will empower social workers, and all those that work with children, to take action against children’s placements providers that deliver subpar standards of care at sky-high costs to councils and focus the system on early intervention.

It comes as local government spending on looked after children has ballooned from £3.1 billion in 2009/10 to £7 billion in 2022/23, with social workers all too often burdened by heavy caseloads, struggling to deliver the help that children and families need before problems escalate.

One of the most entrenched challenges facing children and social workers is some private providers, that are siphoning off money that should be going towards vulnerable children, making excessive profits or running unregistered homes that don’t meet the right standards of care.

According to analysis by the Local Government Association, there are now over 1,500 children in placements each costing the equivalent of over £0.5 million every year, while the largest 15 private providers make an average of 23 per cent profit.

New rules will require key placements providers - those that provide homes for the most children - to share their finances with the government, allowing profiteering to be challenged. Increasing financial transparency will ensure the providers that have the biggest impact on the market don’t unexpectedly go under and leave children without a home.

There will also be a “backstop” law to put a limit on the profit providers can make, that the government will introduce if providers do not voluntarily put an end to profiteering.

Not-for-profit providers and those backed by social investment are being called on to come forward to set up homes to strengthen the system.

To protect quality and safety in children’s homes, Ofsted will also be given new powers to issue civil fines to providers, working more quickly to deter unscrupulous behaviour than with existing criminal powers.

Other key measures set to be announced include:

• New powers for Ofsted to investigate multiple homes being run by the same company, acting on the recommendations made in response to the vile abuse uncovered at the Hesley group of children’s homes.
• Delivery of the manifesto commitment to introduce a consistent child identifier, making sure information can be shared between professionals so they can intervene before issues escalate.
• The requirement for every council to have ‘multi-agency’ child safeguarding teams, involving children’s schools and teachers, stopping children from falling through the cracks.
• The requirement for all local authorities to offer the Staying Close programme – a package of support which enables care leavers to find and keep accommodation, alongside access to practical and emotional help, up to the age of 21, ending the cliff-edge of support many experience at 18. 
• A new duty on parents where if their child is subject to a child protection enquiry, or on a child protection plan, they will need local authority consent to home educate that child.

The government will continue to work closely with the sector and local authorities as these changes are introduced to ensure the best possible outcomes for all children and young people, and their families.

Ofcom

New priorities for Ofcom and launch of study into effects of social media on children

Technology Secretary Peter Kyle has set out his priorities for the online safety regulator, Ofcom, as it prepares to implement and enforce the laws set out in the Online Safety Act next year.

The Statement of Strategic Priorities are for five key areas:

1. Safety by design: Embed safety by design to deliver safe online experiences for all users but especially children, tackle violence against women and girls, and work towards ensuring that there are no safe havens for illegal content and activity, including fraud, child sexual exploitation and abuse, and illegal disinformation.

2. Transparency and accountability: Ensure industry transparency and accountability from platforms to deliver online safety outcomes, promoting increased trust and expanding the evidence-base to provide safer experiences for users.

3. Agile regulation: Deliver an agile approach to regulation, ensuring the framework is robust in monitoring and tackling emerging harms - such as AI generated content.

4. Inclusivity and resilience: Create an inclusive, informed and vibrant digital world which is resilient to potential harms, including disinformation.

5. Technology and innovation: Foster the innovation of online safety technologies to improve the safety of users and drive growth.

1. UK Safer Internet Centre Publishes Sextortion Report 2022 -2024

The UK Safer Internet Centre has published a new report examining sextortion cases on SWGfL’s Revenge Porn Helpline from August 2022 to August 2024. Based on the experiences of 127 victims who contacted the helpline, the report reveals the significant psychological toll of sextortion, barriers to justice, and the urgent need for preventative action across social, legal, and digital sectors.

Key Findings
The Sextortion Report reveals that the majority of sextortion victims contacting the helpline were young men, with 85% of victims identifying as male and 64% aged 18–34. Perpetrators were found to typically initiate contact on social media and dating platforms, before jumping between platforms after initial contact, with the majority of content (92%) being shared on social media platforms. The report highlights that this “cross-platform behaviour” exploits the specific functions of each platform, as offenders jump between services to avoid detection and intimidate victims.

Psychological Impact
The report highlights the substantial distress caused by sextortion, often leaving victims in a prolonged state of “uncertainty and anxiety” about whether their intimate content has been shared publicly. While 22% of victims confirmed that their images had indeed been shared, a concerning 54% were unsure, which increases their ongoing fear and emotional distress. Experiences shared by victims revealed feelings of isolation, helplessness, and, in some instances, hesitation to report the crime due to a perceived lack of support from law enforcement.

Challenges with Law Enforcement
Victims often described their experience with law enforcement as unhelpful, with only 24% reporting any follow-up by police. Just one perpetrator was convicted among 127 cases, with the report emphasising that law enforcement efforts are frequently obstructed by “cross-border cooperation issues,” as sextortion rings are often based outside the UK.

Recommendations for Action
The UK Safer Internet Centre’s Sextortion Report provides recommendations and calls for immediate action across various sectors to combat the rising rate of sextortion cases, emphasising the next steps and priorities that government, education, industry, police, and civil society can take.

2. IWF’s new tech capability accounts for thousands of additional child victims in criminal content for the first time

A total of 60,604 additional children can now be ‘seen’ owing to the new ability, and their abuse images incorporated into a dataset used by tech companies and law enforcement around the world. The new feature has been added to Intelligrade, a tool used by the IWF to accurately, and in great detail, grade child sexual abuse images and videos, providing them with a unique ‘hash’ or digital fingerprint that will prevent them from being uploaded or shared on the internet.

The enhancement has been possible thanks to funding from Nominet’s Countering Online Harms fund, which supports charities and organisations developing ‘tech for good’ solutions that improve lives.

So far in 2024, the IWF has recorded 563,590 children in criminal child sexual abuse images. This is the first time the IWF, and any other organisation working on this field, has been able to account for every child appearing in abusive sexual images online.

The IWF Hash List has more than two million hashes, preventing this criminal content from being shared again and again.

1. Nine NCA arrests during major international operation targeting people smuggling

The National Crime Agency (NCA) has arrested nine people in the UK as it collaborated with international partners on INTERPOL's largest-ever operation targeting people smuggling and human trafficking.
Officers from the NCA's Joint International Crime Centre (JICC) National Extradition Unit made the arrests across Lancashire, Northamptonshire, Nottinghamshire, Greater Manchester, West Yorkshire and Kent. An additional suspect was detained in Northern Ireland by the PSNI. Alongside the UK, a total of 116 countries and territories took part in the operation and 2,517 arrests were made worldwide.

2. NHS managers who silence whistleblowers could be barred from working in the NHS, under proposals being announced

NHS managers who silence whistleblowers or endanger patients through misconduct could be barred from working in the NHS, under proposals being announced by Health Secretary Wes Streeting this week. A public consultation will be seeking views on government proposals to regulate health service managers, ensuring they follow professional standards and are held to account. The Department of Health and Social Care will also consult on whether to introduce a new professional duty of candour on managers, and in addition to make managers accountable for responding to patient safety concerns.

The move follows the announcement of a new College of Executive and Clinical Leadership to attract, develop and keep the best talent in NHS leadership. Regulation will come alongside support and development, with managers being given the tools they need to meet standards with training offers. NHS England is developing a single code of practice, standards and competencies for leaders and managers at all levels in the health service, together with a national training curriculum.

1. Former piano teacher jailed for prolific sexual offences against 19 victims

A former director of music at a private school who indecently assaulted 10 pupils has been jailed for 12 years for a number of sexual offences.
David Pickthall, 66, carried out the abuse between 1979 and 2003 whilst employed as a teacher at Brentwood school in Essex and in his capacity as Choirmaster in the Borough of Havering. His victims were aged between nine and 14.
The scale of his offending covered a total of 19 victims between 1979 and 2021. His victims reported how they felt that they and their families were manipulated into believing he was a trusted friend. Many spoke about the long-lasting impact of the abuse.

Pickthall also pleaded guilty to 10 charges of voyeurism. The eight young adult victims were secretly filmed by Pickthall when they stayed in his spare bedroom. They had been his students at the school who had remained in touch with him socially. The hidden cameras caught them naked or in their underwear. One was filmed using the toilet.

Pickthall’s 19th victim was a 15-year-old boy who was manipulated into sending a photo of his genitals. Pickthall had pretended to be a teenage boy and asked for the indecent photo. Pickthall retired in 2014 and was given an MBE the following year for services to education and charity.

2. PC jailed for sexually assaulting girl on duty and superimposing his face onto child abuse images

A police officer who assaulted a vulnerable young girl while on duty and superimposed his face onto child abuse images has been jailed for nine years. Dean Dempster, 35, who was a response officer for Greater Manchester Police (GMP) based in Oldham at the time, sexually touched the child while responding to a disturbance in Oldham on 29 December 2023. He was arrested the following day at work following a discussion about a formal complaint against him, and his personal phone and work phones were seized. It later became apparent that before his arrest that morning, Dempster had deleted some material and applications from his personal mobile phone. A search was undertaken at his home and a number of items were recovered, including another iPhone, a bundle of four pairs of folded children’s underwear, shredded underwear in a bag, a disc of images, and two hard drives.
Dempster’s mobile phone and iPad were found to contain 104 indecent images of children graded as category A – the most serious – including 30 pseudo images of that level as well as 440 category B images, including 129 pseudo images, and 2,472 category C images, including 39 pseudo images.

Dempster was sacked following an accelerated misconduct hearing in May 2024. He previously pleaded guilty to one count of sexual assault on a child under 13, six counts of making indecent images of children and two counts of misconduct in public office.

3. Former scout leader who assaulted 19 boys over a near 30-year period has been convicted

A former scout leader who assaulted children as young as seven over almost three decades has been convicted. Ian Charles Silvester, 60, has been found guilty of 79 offences following a trial at Lewes Crown Court on 20 November 2024. Silvester, of Brighton, was prosecuted by the Crown Prosecution Service (CPS) following an investigation by Sussex Police.

Between 1986 and 2013, Silvester worked in various positions of trust, such as a Cub Scout leader, a diving instructor, a St John Ambulance trainer and a first aid trainer. Through these roles, Silvester was able to access and befriend the young victims and their families. Some parents even entrusted him to babysit for them.

He used these roles to persuade young boys to do what he asked, often under the guise that they were playing an innocent game or taking part in an educational activity. In reality, Silvester was purposefully manipulating them into situations where he could inappropriately touch and molest them for his own sexual gratification.

Following his arrest, a number of digital devices were seized from the defendant’s home. Analysis of these devices found a huge amount of incriminating material, including images and recordings of the victims being assaulted by Silvester, indecent images of children, online chat logs and web search history about his sexual fetishes and sexual interest in young boys.

4. Mother jailed for hiding her child in a drawer for three years

A mother who hid her new baby in a drawer in her bed for three years and fed her through a syringe has been jailed. The woman, who can’t be identified for legal reasons, hid the birth of her baby girl from her family and friends.
The baby was born in 2020 with a cleft palate and the mother, who says she gave birth in a bath at her home in Cheshire, initially fed her herself. Then, for a reason that the Crown Prosecution Service was never able to establish, she decided to place the baby in a drawer in her divan bed and leave her there. She came back now and again to feed her milky Weetabix through a medicine syringe and change the child’s nappies.

The child was discovered in February 2023, when a partner of the mother’s heard a noise from what he thought to be a baby. He had gone back into the house to use the toilet after the defendant had left her keys in the door. She usually didn’t allow him upstairs alone.

He followed the noise and discovered a child of almost three years old with a cleft palate, matted hair and clearly malnourished. He ran from the house in shock and told his mother who then rang the mother of the defendant. Social workers and the police were called. Those first on the scene gave moving statements to the court about what they found.

Within two weeks of her admission to hospital, the child was vocalising, seeking adult comfort and crying to make her needs known. She has continued to make progress and has been operated on twice to rectify the cleft palate. However, she still requires further surgery.

The mother pleaded guilty to four charges of child cruelty at a hearing at Chester Crown Court on 9 October 2024 and on the 26 November 2024 was sentenced to a total of seven years and six months' imprisonment.

New measures to bolster protections for elderly and disabled people relying on lifesaving alarms to call for help.

The country’s most vulnerable, including elderly people relying on personal alarms to call for help, will be better protected during the switch from analogue to digital landlines, thanks to a new government agreement reached with the telecoms industry on Monday 18 November.

The digital telephone switchover is necessary as the old copper analogue landline network, which telecare devices have historically relied on for connectivity, is increasingly unreliable with higher incidences of customer-impacting faults.

The decision to upgrade the analogue landline network (PSTN) is necessary because its aging parts, many of which are no longer being produced, make it increasingly unreliable. This will include a new requirement for companies to offer an engineer visit to vulnerable customers, who will personally test the vital alarm and ensure it continues to work once a household has moved on the digital network.

Personal alarms are lifesaving buttons connected to phone networks and are known as ‘telecare devices. They offer remote support to elderly, disabled, and vulnerable people, sometimes living in remote and isolated locations. Nearly two million people use these vital alarms in the UK.