Sarah’s Law is basically an application to the police about an individual known to the applicant, in some way, who is directly involved with children. The police have 35 days to give you a decision and you have a 1 in 7 chance of them (6 out of 7 applications are denied by the police) confiming whether the person you are reporting has a criminal record for child sexual offences or not. Many more applications are not processed and fall off at the various stages of the process highlighted below (these are not part of the 6 out of 7 that they deny).
Table of Contents
Preface
The ‘Child Sex Offender Disclosure Scheme’ enables the public to request information regarding an individual’s history of child sex offences if they have concerns about that person’s interactions with children. It has been referred to in certain media outlets as ‘Sarah’s Law’; however, it differs from the broader public publication of information regarding individuals with convictions for sexual offences, which was advocated by Sara Payne and the News of The World.
The program is intended to enable individuals to submit applications concerning a person who has any sort of interaction with a child or children. Under the Child Sex Offender (CSO) Disclosure Scheme, disclosure is restricted to a parent, carer, or guardian; but, outside this process, disclosure may extend to additional parties. Disclosure may not necessarily be directed to the initial application, as this individual may be alienated from the family and unable to safeguard the child or children. Consequently, the disclosure may be communicated to the other parent, carer, or guardian who is capable of providing protection for the child. The presumption of disclosure will only apply in instances where the individual has convictions for child sexual crimes.
The CSO Disclosure Scheme will provide pathways for controlled access to information about individuals who have not been convicted of child sexual crimes but who present a potential risk of harm to children. This may encompass the following:
Individuals convicted of further charges, such as severe domestic violence
Individuals who are not convicted but for whom law enforcement or other agencies possess intelligence suggesting they pose a danger of damage to children.
There would be no assumption to reveal such information. The sharing of information regarding prior convictions for acts that are not child sex offences may persist, as the CSO sharing Scheme does not aim to limit access to information pertinent to child safety.
What is recent?
The CSO Disclosure Scheme established a notion of ‘two-way’ disclosure, allowing individuals to enquire about the background of anyone with a link to a child or children.
It improves prior arrangements in which disclosure primarily occurred reactively when agencies encountered information regarding an individual’s interaction with a child.
Members of the public can now actively request information, with the expectation that authorities will verify the existence of pertinent information and, if available, will consider its disclosure when necessary to safeguard the kid or children involved.
There is no necessity for concern or suspicion to solicit information.
This method does not supplant current protocols for CRB checks, Subject Access, or Freedom of Information, as well as the Vetting and Barring method administered by the Independent Safeguarding Authority.
The Long Process
Procedures should be adhered to concerning disclosure
Phase 1 – Preliminary engagement with law enforcement/express a desire to participate
This may manifest as:
- Person visiting a police station
- Interaction with a police officer or police personnel during an incident response.
- Telephonic communication
- Digital reporting
At this juncture, the applicant will be informed that:
- Disclosure, when deemed appropriate, will solely be given to the individual most equipped to protect the specific kid or children from harm.
- Assessments shall be conducted to determine whether there is any urgent or imminent danger of harm to the specific child or children at the earliest opportunity, and in any event, within 24 hours.
- The applicant must attend an in-person meeting within the next 10 days. They must furnish confirmation of identity, preferably with picture identification. If they are the parent, caretaker, or guardian, they must additionally furnish evidence of their relationship to the specific kid or children.
- The police want to conclude the investigation within 45 days; however, extenuating circumstances may extend this timeframe.
- The applicant will be enquired whether they perceive themselves to be at risk of harm from the individual.
Phase 2 – In-person application
- The applicant is now required to attend an in-person meeting. This is to verify that the request is authentic and not harmful in any manner.
- The applicant will be cautioned that if they intentionally or deliberately furnish false information to the police to obtain an unauthorised disclosure, they may face prosecution.
Phase 3 – Empowerment/Education
- Subsequent to the in-person meeting, the applicant will get an information packet regarding the CSO Disclosure Scheme. This will encompass actions they can undertake in the interim to enhance the protection of their children’s welfare.
Phase 4 – Comprehensive Risk Evaluation
- Personnel doing the comprehensive risk assessment will possess a set of enquiries to facilitate their evaluation of risk and will be trained to comprehend child abuse and criminal behaviour.
- Investigations and verifications of the Police National Computer (PNC), VISOR, local intelligence systems, and the Impact Nominal Index should seek to address any informational deficiencies, supplemented by data from the Probation Service, children’s social care (if relevant), and any other agency capable of contributing to the risk assessment.
This phase of the procedure should be attained within 10 days after the original inquiry.
Phase 5 – Decision Path
- The risk assessment and decision-making process will enable the categorisation of the application as either ‘concern’ or ‘no worries.’
The criteria for ‘concerns’ are when the individual:
- Possesses convictions for offences related to child sexual abuse
- Possesses additional convictions pertinent to child safety, such as adult sexual offences, violence, drug-related offences, or domestic abuse.
- Exhibits disturbing behaviour pertinent to child safeguarding, as revealed in the disclosure application, such as grooming or atypical conduct suggesting potential sexual damage to minors.
The application will be classified as ‘no concerns’ if the individual has no convictions that pose child safeguarding issues and there is no further intelligence kept by the police suggesting otherwise. Furthermore, the application has not disclosed any behaviours that raise concerns regarding child protection.
The maximum duration for finalising a decision pathway at this stage shall not exceed 35 days. This is to facilitate the scheduling of a MAPPA meeting, which may need up to 28 days. The 35 days subsequently permits an additional 7 days for the completion of disclosure and the finalisation of closure. The full Disclosure Scheme will have a maximum duration of 45 days from initiation to completion.
Phase 6 – Disclosure and Non-Disclosure
Non-Disclosure — ‘no issues’
Upon determining that there are no concerns regarding the information supplied in the disclosure request, a letter will be sent to the applicant/carer if deemed suitable; otherwise, the applicant/carer will receive an in-person visit.
The applicant/carer will be informed that there is no information to divulge based on the details provided by the applicant and the results of the checks conducted on these details.
They will be informed that the absence of information does not imply the absence of risk to the child or children, and they should persist in implementing measures to ensure their safety. They will receive guidance on actions to take in the event of further disclosures and general advice on safeguarding minors.
Disclosure – ‘apprehensions’
If there are ‘concerns’ with the information supplied in the disclosure request, the police maintain a record of what the applicant or caretaker is informed. The determination about the disclosure is a decision made by multiple agencies. Individuals who fulfil the MAPPA criteria will have their cases deliberated at a MAPPA meeting. For individuals who do not satisfy the MAPPA criteria, this will occur through protecting minors protocols during a strategy meeting.
MAPPA or another multi-agency entity may determine whether to reveal convictions for various offences or intelligence retained by the police. For example, when a person is recognised for various concerns that elevate child safeguarding risks. They must verify that the three-stage test is fulfilled prior to deciding to reveal any information.
During this meeting, prior to revealing the individual’s convictions or other misconduct, consideration must be given to whether it is essential to inform the individual of the disclosure. If so, this must be conducted in person, accompanied by information regarding the scheme and its implications for the individual.
Occasionally, it may be deemed suitable to engage the individual in ‘self-disclosure.’ The disclosure may be made by the individual to the applicant or carer in the presence of a police officer or police staff member. Alternatively, the individual may reveal the information directly to the applicant/carer, after which the police officer or police staff member will verify that the pertinent facts have been communicated to the applicant/carer.
Involving the individual in the disclosure process may enhance their comprehension of the risk they present in potentially harming a child, enable their participation in their own offender management, and allow them to contest the disclosure while providing justifications for their objections.
Nonetheless, there may be instances where notifying the individual of the disclosure could heighten the possible risk to others, such as the applicant or carer, and in such cases, the individual may not be notified. This matter must be evaluated individually.
The three-stage test for disclosure
The police will disclose convictions or intelligence lawfully under the CSO Disclosure Scheme only if:
They possess the authority to reveal the information. They must demonstrate that it is justifiable to determine that such disclosure to the applicant or carer is essential to safeguard a child or children from potential victimisation, most likely sexual abuse perpetrated by the individual making the request. There exists an urgent necessity for this disclosure.
Infringing upon the offender’s rights, as stipulated in Article 8 of the European Convention on Human Rights, to maintain confidentiality regarding prior convictions is essential and commensurate for crime prevention, public safety, or the safeguarding of morals and the rights and freedoms of others. This entails evaluating the repercussions for the perpetrator if their information is revealed, juxtaposed with the nature and magnitude of the risks the offender presents to the child or children.
The process of disclosure
If disclosure is to occur, a determination must be made regarding the appropriate recipients of the information. Disclosure should be limited to individuals who require the information to protect a kid or children from danger. Nonetheless, MAPPA advice and the accompanying legislation under section 327A of the Criminal Justice Act 2003 are broader in scope and permit disclosure to third parties beyond parents, guardians, or carers when essential to safeguard a child from the danger of serious damage.
The disclosure must be presented in person with a representative from children’s services present, since this instills confidence in the applicant/carer and facilitates pertinent connections with other agencies for continued support, accompanied by the following caution:
- The information shall be utilised solely for the purpose for which it was disseminated, namely, to protect the kid or children.
- The individual receiving the disclosure will be required to sign an agreement affirming their acknowledgement of the information’s confidentiality and their commitment to refrain from further disclosure.
- Legal action may ensue if this secrecy is violated.
Written communication on the disclosure of information will neither be mailed nor provided to the applicant or carer.
Methods for maintaining a record of the disclosure
Upon the conclusion of any inquiry, regardless of the result and at any phase of the process, a conclusive intelligence report must be submitted to the police intelligence system to document the request, outcomes, and particulars of all parties involved. This will facilitate the identification of trends involving individuals with multiple disclosure requests against them to enhance child safeguarding, and any pertinent information arising from this procedure will be shared appropriately with the relevant agencies.
If you or anyone you know have been affected by the people highlighted in this article, then please report those individuals to the Police on 101 (999 if an emergency) or visit their online resources for further details of the options for reporting a crime. You can also make a report at Crimestoppers should you wish to be completely anonymous. There is help available on our support links page.