On prevention and handling of suspected child maltreatment (including sexual abuse) incidents, the Social Welfare Department (SWD) has, in collaboration with the Labour and Welfare Bureau, the Education Bureau, the Department of Health, the Hong Kong Police Force, the Hospital Authority, The Hong Kong Council of Social Service, and relevant non-governmental organisations (NGOs) and professionals, drawn up the “Protecting Children from Maltreatment – Procedural Guide for Multi-disciplinary Co-operation (Revised 2020)” (“Child Protection Guide” hereafter) for reference by different professionals and those who may come into close contact with children because of their job nature (including school personnel) to take necessary actions for suspected child maltreatment cases including initial assessment, immediate child protection actions, investigation, convening Multi-disciplinary Case Conference on Protection of Child with Suspected Maltreatment (MDCC) and follow-up services. For the handling procedures and points to note as set out in the “Child Protection Guide”, references have been made to the “Declaration of the Rights of the Child” and the
“Convention on the Rights of the Child” of the United Nations. Personnel, when helping a child who is being harmed/has possibly been harmed, should take into consideration of the child’s need for growth and development and his/her vested rights.
The Education Bureau has also issued EDBC001/2020 “Handling Suspected Cases of Child Maltreatment and Domestic Violence” to all schools urging them to
pay paramount concern to the safety and best interests of children and pay close attention to students’ physical, behavioural, emotional indicators of child maltreatment. No matter the student attends school as usual, or is absent from school continuously or intermittently, school personnel should observe the circular and the “Child Protection Guide” for taking appropriate actions promptly.
The related procedures are outlined as follows (Details please refer to the EDBC001/2020, Paras. 4-10 and Paras. 13-15):
a. The first personnel who comes into contact with the student concerned should inform the principal and activate its school-based contingency mechanism/Crisis Management Team and assign school social worker (SSW) (if any) and designated personnel (e.g. designated teacher, Student Guidance Personnel) to make a preliminary enquiry to the student’s conditions. The established principles and procedures should be followed in the follow-up and handling of suspected child maltreatment cases. During the handling process, care should be taken to avoid having the child repeatedly describe the maltreatment incident.
b. The SSWs of individual secondary schools should follow through the procedures set out in Chapters 4 to 10 of the “Child Protection Guide” in handling their
“known cases” of which child maltreatment is suspected. School designated personnel may also, as necessary, consult the social worker of Family and Child Protective Family Services Unit (FCPSU) first.
c. If the student guidance personnel of kindergartens, kindergarten-cum-child care centres and primary schools is a registered social worker employed by an NGO, he/she may report his/her “known case” to FCPSU for conducting initial assessment in accordance with the procedures as stipulated in Chapter 4 of the
“Child Protection Guide”. He/she may also take up the role of conducting initial assessment and child protection investigation for his/her “known cases” as set out in Chapters 4 to 8 of the “Child Protection Guide”, subject to mutual agreement of the school, NGO and SWD.
d. If the case of the student is not followed up by SSWs but it is known that the student or his/her family is a “known case” of SWD or an NGO, the school should inform the responsible social worker of the unit concerned as soon as possible for an initial assessment. If the case is not a “known case”, report should be made to FCPSU for conducting initial assessment.
e. For suspected sexual abuse case between family members or involving multiple child victims, the case can also be reported to FCPSU even it is a “known case” of a casework unit. Social worker of FCPSU will discuss the handling strategy and collaborate with the reporting personnel or responsible social worker in taking necessary actions.
f. While a report of suspected child maltreatment case is made by the school, the school should also discuss with the relevant unit on whether immediate actions are to be taken to protect the child.
g. Designated personnel should inform the parent(s)/guardian(s) about the report.
However, if the parent(s)/guardian(s) is/are involved in the child maltreatment, the
school does not have to obtain the prescribed consent of the student’s parent(s)/guardian(s) for making the report. If it is necessary for the school to contact the parent(s)/guardian(s) during the assessment, advice or assistance may first be sought from the social worker of the unit concerned/FCPSU regarding the handling approach.
h. In circumstances that suggest a criminal offence may have been committed, or if the case is serious or the personal safety/life of the child concerned is under immediate threat and instant action has to be taken (such as serious physical abuse), schools should call the Police for reporting the case as soon as possible. Under no circumstances will the child being harmed/maltreated be obliged to report the case in person at a police station.
i. If the school considers that the student is likely to be in urgent need of medical service, arrangement should be made for the student to undergo medical examination/treatment in a public hospital (if necessary, police assistance may be sought). FCPSU may also assist in contacting Medical Co-ordinator on Child Abuse of the Hospital Authority so as to arrange for admission of the child into a hospital for medical examination.
j. In handling suspected child maltreatment cases, including child sexual abuse cases, where the alleged perpetrator is a staff member of the school, the school supervisor/principal should inform the relevant Regional Education Office/the Joint Office for Kindergartens and Child Care Centres of the Education Bureau and consult the relevant School Development Officer/Services Officer. The school supervisor/principal should refer to Appendix 12 “Reference Points for Handling Cases of Teacher Misconduct” of Chapter 7 of this Guide when handling staff management of the relevant teacher. If suspected sexual abuse is involved, they should make reference to Appendix 9 “Procedures in Handling Suspected Child Sexual Abuse Cases Involving School Staff as the Alleged Perpetrators” as stipulated in EDBC 001/2020 “Handling Suspected Cases of Child Maltreatment and Domestic Violence” and strengthen the communication among the caseworkers concerned, the school and the EDB.
k. Besides, the school should not reach any private agreement of compromise with the staff involved, such as agreeing to terminate relevant investigations if the staff involved agrees to resign.
l. An MDCC will be convened by the unit responsible for child protection investigation so as to formulate a follow-up plan for the student concerned. The school personnel concerned should attend MDCC and prepare a written report for facilitating discussion in the conference.
m. The designated personnel involved, in the course of handling suspected child maltreatment cases, should adhere strictly to the principle of confidentiality. The information collected should be shared on a need-to-know basis with relevant parties concerned (such as the principal, the responsible social worker and the Police) as soon as possible.
n. All records must be kept centrally and access to these records within schools must be restricted and recorded by the principal/designated personnel. Under no
circumstances should these records be kept with the general records of the student concerned.