Child Sex Offender Disclosure Scheme

1. Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure Scheme

2. Extract from “BBC News” Wednesday 3rd March 2010 A scheme allowing parents to check if someone is a sex offender will be rolled out across England and Wales by March 2011, the Home Office says. A year-long pilot has already protected 60 children, ministers say. Under the scheme, police can give parents more information about someone who has access to their children. Sarah Payne ‘Sarah’s Law’ in the national media In all, police disclosed information on 32 individuals who had a record of child sex offending or posed a risk in a different way. NOT PROTECTIVELY MARKED

3. Public Protection Timeline National Implementation of the CSO Disclosure Scheme commences (August 2010) ACPO Guidance Protecting the Public (2007) Sept 2008 Start of Disclosure Pilot National Implementation of the CSO Disclosure Scheme commences (August 2010) Sex Offenders Act 1997 Sexual Offences Act 2003 Child Sex Offender Review 2007 Sex Offenders Act 1997 Sexual Offences Act 2003 Child Sex Offender Review 2007 ACPO Guidance Protecting the Public (2007) Sept 2008 Start of Disclosure Pilot Introduction of Violent Offender Orders (August 2009) Sexual Offences Act 2003 Sex Offenders Act 1997 ACPO Guidance Protecting the Public (2007) Sept 2008 Start of Disclosure Pilot Child Sex Offender Review 2007 Criminal Justice & Court Services Act 2000 Criminal Justice Act 2003 MAPPA Guidance 2009 (Version 3) MAPPA Guidance 2007 (Version 2) MAPPA Guidance 2005 (Version 1) Criminal Justice & Court Services Act 2000 Criminal Justice Act 2003 MAPPA Guidance 2005 (Version 1) MAPPA Guidance 2007 (Version 2) MAPPA Guidance 2009 (Version 3) MAPPA Guidance 2009 (Version 3) MAPPA Guidance 2005 (Version 1) MAPPA Guidance 2007 (Version 2) Criminal Justice Act 2003 Criminal Justice & Court Services Act 2000 NOT PROTECTIVELY MARKED

4. 2007Review of the Protection of Children from Sexual Offenders (June 2007) • Referred to as the “Child Sex Offender Review (CSOR)”. • Came about as a result of negative headlines around convicted sexual offenders. • Focussed on how child sexual offenders are managed, how sexual offending against children can be prevented and how to provide greater reassurance to the public. • Created 20 actions, of which Action 4 is of particular importance to this scheme. NOT PROTECTIVELY MARKED

5. ACTION 4 Pilot a process where members of the public can register their child protection interest in a named individual. Where this individual has convictions for child sex offences and is considered a risk, there will be a presumption that this information will be disclosed to the relevant member of the public. NOT PROTECTIVELY MARKED

6. 2008Criminal Justice and Immigration Act 2008 • Places a statutory duty on MAPPA Responsible Authorities to: • Consider in every case disclosure; and • Presumption to disclose; where • Reasonable cause to believe that a child sexual offender poses a risk of serious harm to a child(ren); and • Disclosure is necessary for the purpose of protecting the child(ren) from serious harm NOT PROTECTIVELY MARKED

7. 2008Disclosure Pilot Trials • 15th September 2008 – trials began four policing areas. • Ran for 12 months. • Independent evaluation completed. www.homeoffice.gov.uk/rds/pdfs10/horr32c.pdf • Many positive key findings. • No known negative outcomes. • Home Secretary expressed their desire for the process to be rolled out nationally. NOT PROTECTIVELY MARKED

8. What is the Disclosure Process? What is New? • Principle of 2-way disclosure • Presumption to disclose • Public can request disclosure even when they have no concerns • Empowers members of the public to take responsibility for safeguarding children NOT PROTECTIVELY MARKED

9. What is the Disclosure Process? What is the same? • Safeguarding Children procedures • Process of disclosure under MAPPA/Safeguarding Children procedures • Disclosure must be lawful, necessary & proportionate NOT PROTECTIVELY MARKED

10. The Process Initial Contact • Any person can make an application about a person who has some form of contact with a child(ren) • There is an assessment of risk to ensure no immediate/imminent risk of harm. Face to Face Application • Applicant seen face to face to obtain further details, including verifying their identity. Empowerment/Information • The applicant is provided with information about the Disclosure Scheme and general safeguarding advice via a leaflet pack. NOT PROTECTIVELY MARKED

11. The Process Full Risk Assessment • More comprehensive checks are carried out by police service and other agencies as appropriate. Decision Making on Disclosure • Enquiry will either raise ‘concerns’ or ‘no concerns’. Process on making a decision about whether to disclose information will involve a multi-agency meeting as part of MAPPA and/or safeguarding children procedures. Outcome and Closure • The applicant is contacted and receives disclosure or is alternatively told that there is no information that the police can disclose to them. • The disclosure should only be made to the person who is in a position to use that information to safeguard the child(ren). This will usually be a parent, carer or guardian of the child and may not always be the original applicant e.g., if parents are separated/estranged. NOT PROTECTIVELY MARKED

12. VOLUME OF ENQUIRIES Early Learning from Pilot Forces 12 month pilot (total) Enquiries 585 Applications 315 Disclosures 32 (43 further children safeguarding actions) Average (per force per month) Enquiries 12 Applications 7 Disclosures 1 NOT PROTECTIVELY MARKED

13. Maintaining confidence of Registered Sex Offender’s (RSO’s) Compliance of RSO’s with registration and monitoring requirements Vigilantism PERCEIVED RISKS Breach of disclosure confidentiality agreement Malicious false applications i.e. Journalists Early Learning NOT PROTECTIVELY MARKED

14. Breaches of SOPO (Sexual Offences Prevention Order) Child Protection Investigations Recall to Prison PUBLIC PROTECTION SUCCESS Intelligence about RSO’s (Registered Sexual Offenders) Highlighted other risks (i.e. serious domestic violence) Early Learning NOT PROTECTIVELY MARKED

15. EARLY LEARNING PUBLIC PROTECTION • Success Story 1 • Force A • Child U13 • Applicant was child’s mother • Subject was the husband of a friend • Rumours about subject • 2 custodial sentences for indecency with children • Disclosure and safeguarding advice NOT PROTECTIVELY MARKED

16. EARLY LEARNING PUBLIC PROTECTION • Success Story 2 • Force B • Child U10 • Applicant single mother • Subject neighbour’s boyfriend • Concerns over subjects behaviour • No previous convictions but a number of allegations of • serious sexual assaults • Disclosure, child protection investigation and referred for • management as a potentially dangerous person (PDP) NOT PROTECTIVELY MARKED

17. Conclusion • One national standard and process • Clear set of recommendations • Carefully managed and focussed disclosure to • those person(s) able to use the information to • protect a particular child(ren) • Education and empowerment providing a real • perspective of child sexual abuse and worrying • behaviours • Empowers members of the public to take • responsibility for safeguarding their children NOT PROTECTIVELY MARKED

18. Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for Child Sex Offender Disclosure Process West Mercia Police louise.wall@westmercia.pnn.police.uk Tel: 01905 331491 Mob: 07966 754760