Terms of reference published for the Inspection of Child Criminal Exploitation in Northern Ireland

Criminal Justice Inspection Northern Ireland (CJI) proposes to undertake an inspection of how the criminal justice system recognises, assesses and responds to Child Criminal Exploitation (CCE) in Northern Ireland. 


How the Police Service of Northern Ireland (PSNI) deals with CCE will be the primary focus of the inspection but the response of other justice organisations including the Public Prosecution Service for Northern Ireland (PPS), Northern Ireland Courts and Tribunals Service (NICTS), the Probation Board for Northern Ireland (PBNI) and the Youth Justice Agency (YJA) will also be examined from the perspective of how CCE is emerging in their work. 

CJI is also conducting a Follow-Up Review of its 2020 inspection of how the criminal justice system dealt with Child Sexual Exploitation (CSE) and recognises the potential overlap with this work.  As far as possible Inspectors will aim to avoid duplication to optimise self-assessment responses, stakeholder engagement and other fieldwork where feasible.

CJI will be supported by His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services’ (HMICFRS) Inspectors to undertake this Inspection.

Context
Public disorder events in Northern Ireland during 2024 reportedly involving children as young as six and seven years old drew widespread attention to the issue of CCE in Northern Ireland.  At the time PSNI senior leaders were clear that children were being criminally exploited and that the police were aware of individuals associated with paramilitarism potentially being involved.  

The Child Protection Senior Officials Group (CPSOG) provides cross-Departmental strategic direction on existing and emerging child protection issues in Northern Ireland.  CPSOG is chaired by the Department of Health (DoH) and the Department of Justice (DoJ) is a core member of the Group.  In 2023, CPSOG agreed a two-year action plan to create a co-ordinated system wide response to CCE.  This plan^[1] was jointly launched by the Ministers for Justice, Health and Education on 30 September 2024.  An agreed definition of CCE was published on the same date which was: ‘Child criminal exploitation is a form of child abuse which occurs 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.  The exploitation may be through violence or the threat of violence but may also appear to be transactional and in the context of perceived relationships and friendships.  The victim may have been criminally exploited even if the activity appears to be consensual.  Child criminal exploitation does not always involve physical contact.  It can also occur through the use of technology and social media.  The criminal exploitation of children and young people can include being exploited into storing drugs or weapons, drug dealing, theft, violence, intimidation, vandalism, forced labour and other forms of criminality through grooming by people that children and young people trust or look up to.’

The DoJ’s Modern Slavery, Human Trafficking and Child Exploitation Branch within Safer Communities Directorate lead its work on CCE.  

The development of the action plan was informed by a Northern Ireland Commissioner for Children and Young People (NICCY) advice paper (2021), produced in response to disorder involving young people at that time, which called for a ‘unified strategic approach to protect children from harm including abuse, violence, coercion and exploitation by organised gangs and groups.’  The Commissioner urged that the response be embedded in safeguarding and children in need processes. 

The plan also built on the work of the Executive Programme on Paramilitarism and Organised Crime, which had undertaken a range of work to develop an evidence-based understanding and service provision for young people at risk of, and experiencing, CCE.  This included funding research^[2] of young people’s perceptions and experiences of CCE in Northern Ireland.

Following a 22-month inquiry the Northern Ireland Affairs Committee published its report (‘the Report’) of the effect of paramilitary and organised crime on society in Northern Ireland in February 2024.^[3]  One of the recommendations related to the exploitation of children and referenced that an assessment of the extent to which the PSNI and other crime agencies currently utilised powers contained in the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (‘the Act’) should be included in an audit of the extent to which the Northern Ireland framework for safeguarding children and young people protected those abused by paramilitary and organised gangs.  In its response^[4] to the Report the United Kingdom Government (‘Government’) acknowledged the importance of this and noted this was a policy area that had been devolved to the Northern Ireland Executive.  The Government referenced that the CCE Action Plan included, in line with a then draft modern slavery and human trafficking strategy, provision to increase awareness of offences in the Act as they related to children.  An updated DoJ Modern Slavery and Human Trafficking Strategy 2024-27^[5] was published in July 2024 and included objectives to increase public awareness of modern slavery and human trafficking in Northern Ireland.  

This is the first CJI inspection with a specific focus on CCE although it has emerged as an issue in other inspection activity including during inspections of Modern Slavery and Human Trafficking^[6] and of the work of the Youth Justice Agency.  This inspection will draw on the strengths and areas for improvement identified in CJI’s inspections of CSE (June 2020)^[7] and a pilot Joint Inspection of Child Protection Arrangements,^[8] carried out in partnership with the Regulation and Quality Improvement Authority (RQIA) and the Education and Training Inspectorate (ETI) and published in June 2023.  CJI’s inspection of CSE made two Strategic and seven Operational Recommendations for improvement which included the development of a cross-Departmental strategic response to tackle child sexual abuse and exploitation and the production of a comprehensive CSE problem profile so that the scale and nature of CSE was properly understood.  Other recommendations focussed on approaches, policies and procedures related to CSE, the completion of a training needs assessment and training delivery plan, quality assurance processes.     
During a 2023 HMICFRS inspection of the PSNI’s effectiveness, efficiency, vetting and standards,^[9] CCE was identified as an area for improvement.  Inspectors found that the PSNI should improve its understanding of, and response to, CCE but unlike CSE there was no similar process in terms of dedicated investigation teams or multi-agency work to protect victims of CCE.  The Northern Ireland Policing Board’s Human Rights Review of Children and Young People and Policing (December 2024)^[10] (‘the Review’) noted that, in response to the issues identified in the HMICFRS report, the PSNI had commissioned an analytical profile of CCE in Northern Ireland which should help it gain an insight into the scale of the problem of CCE and related issues, why children were being arrested and gain a better understanding of those children who had become involved in criminal gangs.  The Review made a number of recommendations to help inform the PSNI’s response to CCE and a recommendation about the reporting of the progress and outcome of referrals made to the National Referral Mechanism.^[11]

Aims of the Inspection
The broad aims of this Inspection are to:

• Examine the effectiveness of CCE organisational strategies and partnerships, including the definitions used and approach to prevention and enforcement;
• Examine the operational response to CCE by criminal justice agencies including how well organisations understand the nature and scale of CCE, how effective their responses to CCE are and how well victims and survivors and their parents or carers are supported and children safeguarded;
• Examine the public awareness raising in educating communities about the signs of exploitation and abuse, the importance of reporting concerns and effective mechanisms to do that; and
• Examine and assess the outcomes of strategies and delivery mechanisms for CCE against identified targets and expectations.

Other matters of significance as they arise during the inspection will also be considered.

Methodology
The inspection will be based on the CJI Inspection Framework for each inspection that it conducts.  The three main elements of the inspection framework are:

• strategy and governance;
• delivery; and
• outcomes.

Constants in each of the three framework elements and throughout each inspection are equality and fairness, together with standards and best practice.  The CJI inspection methodology can be found in The Inspection Process on our website.

Design and Planning
Preliminary research
Information and reports were reviewed to inform the scope of the inspection and how it will be conducted.

Benchmarking, research and data collection
Academic papers and inspection reports on child exploitation including CCE from other jurisdictions were considered as well as other published information and documents.
Contact with agency (ies).
A preliminary round of discussions took place with DoJ and CCE leads in criminal justice organisations and representatives of the Safeguarding Board for Northern Ireland.  The Terms of Reference for the Inspection will be shared with the DoJ and criminal justice organisations and a copy published on CJI’s website.

Delivery
Stakeholder consultation
A range of stakeholders from the statutory and community and voluntary sectors including victim organisations will be consulted and where possible views will be sought on CCE as well as progress made to address the recommendations in CJI’s 2020 inspection of CSE.

Self-assessment
The DoJ and each criminal justice organisation will be invited to nominate an inspection liaison officer to support the Inspection.

The DoJ will be invited to co-ordinate an update on the progress made against the recommendations made in CJI’s CSE Inspection Report with contributing organisations asked to identify in that response any relevant updates regarding CCE.  In addition, a separate information request specific to CCE will issue to the:

• Police Service of Northern Ireland;
• Public Prosecution Service for Northern Ireland;
• Probation Board for Northern Ireland;
• Northern Ireland Courts and Tribunals Service;
• Northern Ireland Prison Service: and
• the Youth Justice Agency.

Development of fieldwork plan
Fieldwork will be conducted with criminal justice organisations and will include:

• case file audits of a sample of PSNI (supported by Inspectors from HMICFRS) and PPS files;
• interviews and focus groups including with representatives of other criminal justice organisations (for example the DoJ and the Northern Ireland Policing Board); and
• consideration will be given to how CJI will reflect the voices of children with lived experience in this Inspection.  

CJI will liaise with inspection liaison officers to plan and schedule the fieldwork within their respective organisations.

Analysis of data
All material and data provided and produced during the Inspection will be analysed and triangulated.  A reference group comprising representatives of the Regulation and Quality Improvement Authority, the Education and Training Inspectorate, HMICFRS and others who provide expertise as appropriate will be consulted to sense check inspection findings.  

Initial feedback to agency.
Emerging feedback will be provided to each criminal justice organisation involved in the Inspection.

Drafting of report
Following completion of the fieldwork and analysis of data a draft report will be shared with the inspected bodies for factual accuracy check.  The Chief Inspector will invite the inspected bodies to complete an action plan within six weeks to address the recommendations and if the plan has been agreed and is available it will be published as part of the final inspection report.  The inspection report will be shared, under embargo, in advance of the publication date with the inspected bodies.

Publication and Closure
A report will be sent to the Minister of Justice, or in their absence the Permanent Secretary, for permission to publish.  When permission is received the report will be finalised for publication.  A press release will be drafted and shared with the inspected agencies prior to publication and release.  A publication date will be agreed and the report will be issued.

Indicative Timetable

Scoping/Research: August to December 2024

Stakeholder consultation: January to February 2025

Agency fieldwork: April to May 2025

Draft Report to agencies: September/October 2025

Factual accuracy feedback received: October/November 2025

The above timetable may be impacted by factors outside CJI’s control.  The inspected organisations will be kept advised of any significant changes to the indicative timetable.

[1]DoJ, Child Criminal Exploitation Action Plan, September 2024 available at https://www.justice-ni.gov.uk/publications/child-criminal-exploitation-action-plan.

[2]Walsh, C (2023), From contextual to criminal harm: Young people’s perceptions and experiences of child criminal exploitation (CCE) in Northern Ireland available at https://www.endingtheharm.com/research-papers/from-contextual-to-criminal-harm/.

[3]House of Commons Northern Ireland Affairs Committee, The Effect of Paramilitary Activity and Organised Crime on Society in Northern Ireland, Second Report of Session 2023-2024, HC 43 1 February 2024 available at https://committees.parliament.uk/publications/43124/documents/214542/default/

[4]House of Commons Northern Ireland Affairs Committee, The Effect of Paramilitary Activity and Organised Crime on Society in Northern Ireland: Government response to the Committee’s Second report, HC 809 23 May 2024 available at https://committees.parliament.uk/publications/44931/documents/222934/default/

[5]DoJ, Modern Slavery and Human Trafficking Strategy 2024-2027, July 2024 available at https://www.justice-ni.gov.uk/publications/modern-slavery-and-human-trafficking-strategy-2024-27. .

[6]CJI, Modern Slavery and Human Trafficking, An inspection of how the criminal justice systems deals with modern slavery and human trafficking, October 2020 available at https://www.cjini.org/TheInspections/Inspection-Reports/2020/October-December/Modern-Slavery.

[7]CJI, Child Sexual Exploitation in Northern Ireland, An inspection of the criminal justice system response, June 2020 available at https://www.cjini.org/TheInspections/Inspection-Reports/2020/April-June/Child-Sexual-Exploitation-in-Northern-Ireland.

[8]CJI, A Pilot Joint Inspection of Child Protection Arrangements in the Southern Health and Social Care Trust Area, June 2023 available at https://www.cjini.org/TheInspections/Inspection-Reports/2023/Apr-June/First-joint-inspection-of-child-protection-arrange.

[9]CJI, The Police Service of Northern Ireland: An inspection of police effectiveness, efficiency, vetting and standards available at https://hmicfrs.justiceinspectorates.gov.uk/publication-html/psni-inspection-of-police-effectiveness-efficiency-vetting-and-standards/.

[10]Northern Ireland Policing Board, Human Rights Review of Children and Young People and Policing December 2024 available at https://www.nipolicingboard.org.uk/publication/human-rights-review-children-and-young-people-and-policing

[11] The National Referral Mechanism is a framework for identifying and referring potential victims of modern slavery and ensuring they receive appropriate support.


Please note: URLs included in these Terms of Reference may stop working overtime