Working Together 2026: Stronger Safeguarding — But Still Silent on Criminalisation
The updated Working Together to Safeguard Children 2026 guidance has now been published by the Department for Education. On the surface, it is a welcome step forward.There is stronger emphasis on:
multi-agency working
consistent relationships for children
earlier, more coordinated support
All of this matters. And all of it reflects what those of us working alongside children and families have been saying for years.
But there is a critical question we have to ask:
Does this guidance change what happens to children who are exploited and then criminalised?
The 2026 update builds on previous reforms by reinforcing that safeguarding is everyone’s responsibility.
It recognises:
the importance of trusted relationships
the need for better coordination across systems
the value of earlier intervention and whole-family approaches
These are important shifts. Fragmented systems have long failed children. But improving how systems work together is only part of the picture.
Despite the strengthened language on safeguarding, one of the most harmful realities facing children today remains largely unaddressed:
Children who are exploited are still being criminalised.
And the guidance does not meaningfully challenge this.
There is:
no explicit direction to prioritise safeguarding over prosecution
no clarity on decision-making when children offend under coercion
no expectation that agencies review or challenge criminalisation outcomes
In practice, this means a child can be:
identified as exploited
recognised as a victim
and still processed through the criminal justice system
That contradiction sits at the heart of the problem.
Across England and Wales, increasing numbers of children are being identified through the National Referral Mechanism (NRM) as potential victims of exploitation.
But there is still:
no national data linking those children to criminal charges or convictions
no consistent protection from prosecution
no accountability when safeguarding fails and criminalisation follows
This is not a minor gap in guidance. It is a systemic blind spot.
When children are criminalised for behaviour shaped by exploitation, the consequences are profound:
long-term involvement in the justice system
damage to education, employment, and life chances
deepening trauma and mistrust of services
We know from research and practice that early criminalisation can entrench harm rather than reduce it. Yet the system continues to respond as though offending can be separated from context.
What we see in Working Together 2026 is a continuation of a wider pattern:
growing recognition of exploitation
stronger language on safeguarding
but no structural protection from criminalisation
At ECO (Ending Coercive Offending), we were set up because of this gap.
Our work is rooted in a simple but urgent belief:
When children are coerced, groomed, or exploited into offending, the response must be safeguarding — not criminalisation.
We know from experience that:
behaviour is often shaped by coercion, fear, and survival
systems frequently misinterpret this as choice
and children carry the consequences for years
That is why we are developing tools and approaches to help local areas:
identify where their systems are failing children
understand the role of coercion in offending
and shift toward responses grounded in children’s rights
If guidance like Working Together is to truly protect children, it must go further.
We need:
clear expectations that safeguarding takes precedence over prosecution
national data linking exploitation and criminalisation
accountability where children are failed by systems
and a shared understanding that context matters
Because without this, the risk is clear:
We improve the language of safeguarding — while leaving the reality of criminalisation untouched.
Working Together 2026 strengthens coordination. But it stops short of confronting one of the most pressing issues in safeguarding today. Until we address the criminalisation of exploited children directly, we are not just missing an opportunity — we are allowing harm to continue in plain sight.
Written by: Sherry Peck