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NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED Child Sex Offender Child Sex Offender Disclosure Scheme Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure Scheme

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Page 1: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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Child Sex Offender Child Sex Offender Disclosure SchemeDisclosure SchemeChild Sex Offender Child Sex Offender Disclosure SchemeDisclosure Scheme

Detective Sergeant Louise Wall National Coordinator for the Child Sex

Offender Disclosure Scheme

Page 2: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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.

In all, police disclosed information on 32 individuals who had a record of child sex offending or posed a risk in a different way.

Extract from “BBC News” Wednesday 3rd March 2010

Sarah Payne

‘Sarah’s Law’ in the national media

Page 3: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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Introduction of Violent Offender Orders (August 2009)

National Implementation of the CSO Disclosure Scheme commences

(August 2010)

MAPPA Guidance 2009 (Version 3)

ACPO Guidance Protecting the Public

(2007)Child Sex Offender

Review 2007

Public Protection Timeline

Sex Offenders

Act 1997

Criminal Justice & Court Services Act

2000

Sexual Offences Act

2003

Criminal Justice Act

2003

MAPPA Guidance 2007 (Version 2)

Sept 2008 Start of Disclosure Pilot

Child Sex Offender Review 2007Sept 2008 Start of Disclosure Pilot

MAPPA Guidance 2007 (Version 2)

ACPO Guidance Protecting the Public (2007)

Criminal Justice Act 2003

Sexual Offences Act 2003

Criminal Justice & Court Services Act 2000

Sex Offenders Act 1997

MAPPA Guidance 2005 (Version 1)

MAPPA Guidance 2005 (Version 1)

MAPPA Guidance 2009

(Version 3)

MAPPA Guidance 2009 (Version 3)

ACPO Guidance Protecting the Public (2007)

Child Sex Offender Review 2007

Sex Offenders Act 1997

Criminal Justice & Court

Services Act 2000

Sexual Offences Act

2003

Criminal Justice Act

2003

MAPPA Guidance 2007 (Version 2)

Sept 2008 Start of Disclosure

Pilot

MAPPA Guidance 2005 (Version 1)

National Implementation

of the CSO Disclosure Scheme

commences (August 2010)

Page 4: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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.

Page 5: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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.

Page 6: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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

Page 7: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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.

Page 8: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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

Page 9: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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

Page 10: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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The ProcessInitial 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.

Page 11: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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The ProcessFull 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.

Page 12: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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Early Learning from Pilot Forces

VOLUME OF ENQUIRIES

12 month pilot (total)

Enquiries 585 Applications 315 Disclosures 32 (43 further children safeguarding actions)

Average (per force per month)

Enquiries 12Applications 7Disclosures 1

Page 13: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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Early Learning

PERCEIVED RISKS

Maintaining confidence of Registered Sex Offender’s (RSO’s)

Compliance of RSO’s with registration and monitoring requirements

Vigilantism

Breach of disclosure confidentiality agreement

Malicious false applications i.e. Journalists

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Early Learning

Intelligence about RSO’s (Registered Sexual Offenders)

Highlighted other risks (i.e. serious domestic violence)

PUBLIC PROTECTION SUCCESS

Breaches of SOPO (Sexual Offences Prevention Order)

Child Protection Investigations Recall to Prison

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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

Page 16: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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)

Page 17: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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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

Page 18: NOT PROTECTIVELY MARKED Child Sex Offender Disclosure Scheme Detective Sergeant Louise Wall National Coordinator for the Child Sex Offender Disclosure

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Child Sex Offender Disclosure Child Sex Offender Disclosure SchemeScheme

Child Sex Offender Disclosure Child Sex Offender Disclosure SchemeScheme

Detective Sergeant Louise WallNational Coordinator for Child Sex Offender Disclosure ProcessWest Mercia Police

[email protected]

Tel: 01905 331491

Mob: 07966 754760