Community Sex Offender Disclosure Scheme - Keeping Children Safe
The Community Sex Offender Disclosure Scheme, also known as Keeping Children Safe, was implemented in Dumfries and Galloway on 31 January 2011.
The scheme allows for anyone with concerns about a persons contact with children, where they believe that person may have convictions for child sex offences, to contact the police and apply for information on the person concerned.
The scheme ensures that such concerns will be investigated by the police and where the subject of an application is found to have convictions for child sex offences and they are in close contact with or have significant involvement in the lives of children, the presumption is that information will be disclosed to parents, carers or guardians to the children.
While information will only be disclosed, with authorisation, to the parents, carers or guardians of the children concerned, the scheme is open to anyone to make an application where they are concerned about someone's contact with children.
Applications made under the scheme will be progressed by the Offender Management Unit which is are based within the Force Headquarters at Police HQ in Dumfries.
If you hae any queries about the Community Disclosure Scheme you can contact Dumfries and Galloway Constabulary on 0845 600 5701.
How does community disclosure protect the public?
It is about getting the right information to the right people. The aim of community disclosure is to provide parents, carers or guardians with a formal mechanism for requesting information about someone involved in their family life, specifically if they are concerned that the person might be a child sexual offender.
The vast majority of child sex offenders are known to the victim and often they are known to families or are a family member. It is a common misconception that sex offences are carried out by strangers as the reality in most cases is very different.
The implementation of the Community Sex Offender Disclosure scheme means that - for the first time - parents, carers and guardians of children under 18, can ask the police if a person who has contact with a child has a record for sexual offences against children, or other offences that might put that child at risk.
If it's found the person in question does pose a risk of causing harm to the child concerned, then information may be given to the parent, carer or guardian as a protective measure. If there is serious or immediate risk, then measures to protect that child will be taken immediately.
Where immediate risks are identified, police and partner agencies would act straight away.
How can I apply to participate?
Step 1
Anyone can register an interest about an individual and/or a child with the police.
Step 2
There are different ways to contact the Police. You can:
- Telephone us on 0845 600 5701.
- Visit a police station.
- Speak to a police officer on the street.
Step 3
Some essential details will be taken from you at the point of initially contacting the police, including names and addresses of children, the person you are concerned about (the subject) and if you are not the parent or guardian, the parents details.
Step 4
To be given any information about a person you must be a parent, carer or guardian.
You will be asked to fill in a form with a police officer.
Some further essential details will be taken from you at that point.
You will need to provide proof of your identity, an address, including a photo ID and some proof of your relationship to the child in question.
Ideally, you will need to show two forms of identification (one of which must be a photo ID). These can be:
- Passport
- Driving Licence
- Utility bill
- Bank statement
- Birth certificate
- Benefit award notice
To establish your relationship with the child you will need to show one of the following:
- The child's birth certificate
- The child's passport
- The child benefit award notice letter
- If none of these are available the police will consider other forms of ID.
Step 5
The police will act immediately if, at any point during the investigation, a child is considered to be at risk and in need of protection.
First, the police will run various priority checks to establish if there are any immediate concerns about the safety of a child and to take appropriate and prompt action if necessary.
Following this a full risk assessment, including further checks, will be carried out. The police will work in conjunction with other agencies involved in MAPPA (Multi Agency Public Protection Arrangements), including Social Services.
The maximum time it should take to complete these enquiries is six weeks however the police will endeavour to complete enquiries as soon as possible.
The police will contact you once priority checks and a full risk assessment have been completed. Careful consideration will be given as to what further action should be taken. They will either:
- contact you in person (the police will visit you or invite you to the station); or
- contact you by letter (this will only happen if there is no information to be provided and you have previously agreed to be contacted by letter).
Step 6
What kind of information might be given?
If the checks show that the person you are asking about has a record for sexual offences against children, you may be given relevant information about that person which is necessary and proportionate to protect your child.
If there is no previous record of sexual offences against children, in respect of the individual concerned, then it may be that no information will be provided.
The police will give you advice on keeping your children safe and make sure you are aware of what support is available.
It may be that although an individual is not known to the police for sexual offences against children, he or she may be showing worrying behaviour, or may be known for other offences that might put your children’s safety at risk – such as serious domestic violence. In this case the police will work with you to protect your children and provide further advice and support.
Step 7
After you are given information.
Your responsibilities:
Your natural reaction may be to want to tell others, such as family and friends, about the information you are given.
If you do receive information from the police it must be treated as confidential. It is only being given to you so that you can take steps to protect your children. You must not share this information with anyone else unless you have spoken to the police.
Subject to the condition that the information is kept confidential, you can:
- use the information to keep yourself and others safe;
- use the information to keep your children safe;
- ask what support is available;
- ask who you should contact if you think you or others are at risk; and
- ask for advice on how to keep yourself and others safe.
The police may take action against you if the information is disclosed further without their consent, which could include civil or criminal proceedings.
Step 8
The end of enquiries.
"Nothing was found on the searches, but this has really made me think about protecting my child. Is there anything else I can do?"
A number of organizations provide information about child sexual abuse, how to spot it and how to work with authorities to intervene.
Part of the process of the Community Disclosure scheme is to make sure that you have information about services. You can also keep in regular contact with the police.
Even if a person doesn't have a record for sexual offences against children it doesn't mean that he or she is not potentially a risk.
If you think a child is in immediate danger dial 999.
Frequently asked questions
How do people apply for information?
They should either call Dumfries and Galloway Constabulary on 0845 600 5701 and state it is in relation to the Community Sex Offender Disclosure scheme, visit their local Police station front desk, or speak to any police officer.
What happens if someone has a concern about a child who does not live in the Dumfries and Galloway Constabulary Police area?
They should still contact the police or Social Work Services and the usual child protection procedures will be triggered.
Does disclosure already take place?
Yes it does. Under the Multi-Agency Public Protection Arrangements (MAPPA) or the present Social Work Department arrangements, information is disclosed to an individual or group where it is felt necessary or proportionate to protect children.
MAPPA is the process through which the police, social services and prison services work together with other agencies to manage the risks posed by violence and sex offenders living in the community, in order to protect the public.
The current Child Protection Procedures involve a number of agencies working together to promote children's welfare and help protect children from abuse and neglect.
The police already disclose information about registered sex offenders in a controlled way and to a variety of people including head teachers, leisure centre managers, employers and landlords, as well as parents.
Disclosure may also take place under the Child Protection Procedures where Local Authority Services may disclose information held by the authorities in a managed way where it is felt necessary to protect children.
This new scheme empowers parents, carers or guardians to find out about possible child sex offenders who may be in contact with their children. It is envisaged the biggest users of the scheme will be people who have a new partner.
How are registered child sexual offenders in the community usually managed?
Currently Multi Agency Public Protection Arrangement (MAPPA) are responsible for managing registered sexual offenders, including child sexual offenders, during the course of the time which they need to report to the services. This will not change under the scheme.
Information from a MAPPA meeting might be given to another person or a group of people in order to protect them from the offender, or for them to protect others. This is called disclosure and an example of this would be when agencies become aware that a sex offender has a new partner.
What are the possible outcomes from instigating checks?
If the checks show that the subject has a record for child sexual offences, the applicant may be given information about that person's record that is relevant, necessary and proportionate in order to protect their children.
If the person enquired about does not have a record of child sexual offences then there won't be any disclosure because there isn't anything to disclose. The police will give more information and advice on safeguarding children to the applicant, and make sure they are aware of what local and national support is available.
It may be the case that the subject is not known to the police for child sexual offences but is showing worrying behaviour, or is known for other offences that might put your children's safety at risk, such as serious domestic violence.
In this case the police will work with the parent, carer, or guardian to protect the children and provide advice and support under the usual safeguarding children procedures.
Any disclosure made under the scheme will be a considered decision which takes place under MAPPA.
Will the subject know they are being checked out or who requested the check?
No, confidentiality will be maintained unless a disclosure takes place. If a disclosure does take place the subject may be informed that the applicant is to receive a disclosure about them.
Will a record be kept on a national database that an enquiry has been logged about a subject - even if there were no results?
The police will keep a record of all enquiries under the scheme and the outcomes of each application. This will not, in any way, prejudice subjects who are not known to the police and where there are no current concerns.
Is this scheme Sarah's law or Megan's law?
No. Megan's Law operates in the United States and involves the automatic disclosure of sex offender details to the general public. Sarah's Law is a campaign being run by a national paper, following the tragic death of Sarah Payne, to give parents the right to know if a child sexual offender is living in the area.
This scheme is a carefully managed disclosure to named individuals with direct responsibility for a child's safety who request information about a specific individual. Disclosure is not automatic.
What is being done in relation to registered sex offenders?
All the registered sex offenders living in the Dumfries and Galloway area will be notified of the scheme prior to it commencing. If a disclosure takes place, the subject may be informed.
If disclosure takes place, can applicants warn family and friends about the child sexual offender?
Information about disclosure should be treated as confidential. It is only being given so that steps can be taken to protect children. Applicants must not share this information with anyone else unless they have spoken to the police, or the person who gave them the information, and the police have agreed that it can be shared. In considering disclosure, all relevant persons will be informed.
How will Dumfries and Galloway Constabulary deal with people taking the law into their own hands?
We already make disclosures and emphasise to recipients the potential consequences if they compromise the information given to them. This has never happened and generally people behave responsibly with the information we give them.
If it did occur, we would consider if any further action needed to be pursued.
All applicants will, of course, have to sign a confidentiality agreement.
What will be done to stop offenders becoming victims of vigilantism?
The police and other agencies are in regular contact with offenders and the disclosure process will be carefully managed. If anyone feels they are likely to become a victim of vigilantism or have been targeted, they should contact the police.
In all cases of disclosure, the risks to the offender and the community impact will be considered, however the protection of children will be the key determining factor.
What happens if someone tries to make a false application?
Anyone providing false information in registering their interest or misusing any information disclosed, for example, by engaging in vigilantism on their own behalf, or on behalf of others, or the harassment of sex offenders, would be subject to police action. Such action could include civil proceedings or prosecution for criminal offences depending on the circumstances.
Will the scheme make a difference?
If this scheme protects just one child from abuse, it will have made a difference. It's hoped it will also lead to an increased knowledge, awareness and understanding about safeguarding children.
What about the offender's human rights?
Any disclosure will be lawful, proportionate and necessary to safeguard a child.
What about sex offenders who are under 18?
They are classed as children themselves but are managed appropriately and any issues will be handled through current MAPPA processes.
Will the scheme have an impact on the time police officers spend on other duties?
No - protecting children always has been core business for Dumfries and Galloway Constabulary and their partner agencies.
How long does disclosure take?
If there are immediate concerns, then Dumfries and Galloway Constabulary and partner agencies will act straight away. If there are no immediate concerns, we anticipate it will probably be less than 45 days, but it is important that all disclosure decisions are taken with due consideration of all the available information.
What happens if concerns are raised about some-one who is a violent offender but not a sexual offender?
We may still make a disclosure but it would not be under this scheme; it would be under existing child protection procedures.
Will you be speaking directly to the children?
We will be speaking to the person in a position to protect the children.
Do you have to be over 18 to make an application?
No, but you would have to meet the eligibility conditions if you were under 18.
Would Dumfries and Galloway Constabulary make a disclosure if a person had been charged with a child sex offence but never convicted?
This wouldn't be disclosed under the scheme but we would risk assess the case and deal with it as necessary. All information would be considered and then shared with a multi-agency group if necessary. The Police alone can make disclosures on persons who are not convicted if there is a risk of harm to a child however all available information has to be carefully considered and the authority of a senior officer is required before disclosure can take place.
Could this scheme cause sex offenders to go 'underground' or disappear off the authorities' radar?
It's hoped this won't be the case, as strict measures are already in place regarding the management of sex offenders. Tayside Police piloted this scheme in 2009 and there was no evidence that this was the case.
Could a parent check a babysitter or child minder?
Yes, where they have specific concerns.
Monthly statistics
| Monthly Return | Year to Date | |
|---|---|---|
| Requests for information | 2 | 9 |
| Disclosures made (Persons with child sex convictions) | 0 | 1 |
| Disclosures made (Non child sex offenders) | 0 | 0 |
| Non disclosures | - | 4 |
| Decisions pending | 2 | 4 |
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