Where it is known that an adult has committed an offence, including sexual offence against a child, all agencies should take the appropriate steps to ensure that any children and young person (those known to the adult and the general public) are safeguarded.
Practitioners should note that different agencies use different assessment tools, which may have different outcome indicators. When working with someone known to pose a risk to a child(ren) it is essential that the practitioner fully understands any assessments, their outcomes and what that means in relation to specific risks and identified levels of risk. Not all assessment outcomes mean the same.
Practitioners should also be cognisant of the fact that assessments are undertaken at a point in time and reflect all known information and circumstances at the point the assessment is undertaken. For that reason, practitioners should not rely on historic assessments, as the outcome may not reflect the current situation. Assessments should be reviewed and updated in order to reflect the current situation and provide an assessment of risk at that point in time.
Known Offenders who may Pose a Risk to Children (persons posing a risk to children)
The prison service and probation service are two agencies who are able to identify individuals who are potential or confirmed ‘persons posing a risk to children’ (PPRC).
Prison Service
The Prison service has a responsibility to identify prisoners who are potential or confirmed ‘persons posing a risk to children’ (PPRC) and through assessment establish whether the PPRC presents a continuing risk to children whilst in prison custody (This applies not just to adult prisons but also to all types of establishments within the secure estate for children, with the same process applying to children who pose a risk to other children. HMP Public Protection Manual)
Where an individual has been identified as a PPRC, the relevant prison establishment
- should inform the local authority children’s social care services of the offender’s reception to prison, subsequent transfers, release on temporary licence and of release date and of the release address of the offender
- should notify the relevant probation service provider of PPRC status. The police should also be notified of the release date and address
- may prevent or restrict a prisoner’s contact with children. Decisions on the level of contact, if any, should be based on a multi-agency risk assessment. The assessment should draw on relevant risk information held by police, the probation service provider and the prison service. The relevant local authority children’s social care should contribute to the multi-agency risk assessment by providing a report on the child’s best interests. The best interests of the child will be paramount in the decision-making process.
A prison is also able to monitor an individual’s communication (including letters and telephone calls) to protect children where it is proportionate and necessary to the risk presented.
Mother and baby units in prisons
Mother and baby units (MBUs) are discrete specialist accommodation, within some prisons, for female prisoners with children up to age of 18 months or above, where appropriate.
Governors or Directors of prisons which have MBUs have a duty of care to the child. When a woman applies for a place on a MBU, the referral for assessment must be sent to children’s social care in the mother’s home area at the earliest opportunity and must include information on MBU provision and policy.
The prison should actively engage children’s social care to ensure the relevant input into processes and individual cases. Practitioners should be provided with information on the purpose, facilities and support available on the MBU. Opportunities for practitioners to visit the MBU should be offered and encouraged.
Prisons must consult children’s social care on all MBU Board decisions, including decisions relating to a change in placement, and any other matters relevant to promoting the welfare and safeguarding a child. (Working Together to Safeguard Children 2023)
Probation Service
The Probation Service is a statutory criminal justice agency that supervises adult offenders serving community sentences, or who are subject to licensed supervision following release from custody. Probation staff also deliver resettlement work in prisons, undertake pre-sentence assessments, provide advice to courts, deliver targeted interventions and work with victims.
The purpose of the Probation Service is to protect the public by reducing reoffending and improve offender rehabilitation. During the course of their duties, probation practitioners will come into contact with individuals who:
- have offended against a child
- pose a risk of harm to children even though they have not been convicted of an offence against a child
- are parents or carers of children
- have regular contact with a child for whom they do not have caring responsibility.
The timely communication of safeguarding concerns between the Probation Service, children’s social care and other agencies is an important part of safeguarding and promoting the welfare of a child. (Working Together to Safeguard Children 2023)
Release of Prisoners Convicted of Offences Against Children
When a prisoner convicted of offences against a child is being considered for release from custody on a temporary or permanent basis, the prison probation officer must, in writing inform the Director of Children Social Services / Children’s Social Care of the area where s/he is expected to reside, with a copy sent to the relevant Chief Probation Officer.
The prison probation officer must request from the Director of Children Social Services / Children’s Social Care comments on the prisoner’s release with particular reference to the effects it could have upon any children living at or regularly visiting the address at which the prisoner is expected to live.
Depending on the categorisation of the prisoner being released from prison the Police or when appropriate Probation will interview those living at the address to assess home circumstances and, if appropriate authorise the provision of alternative accommodation for the prisoner.
Children’s Social Care Services must identify in writing any Child Protection issues arising from the proposed release of a prisoner to a specified address and indicate any action it might need to undertake to protect relevant child/ren.
If the prisoner is subsequently released to an address at which a child lives or is regular visitor, then unless the outcome of the above process is agreed, Section 47 Enquiries must be initiated.
Adapted from Medway and Kent Online Safeguarding Procedures
Multi-Agency Public Protection Arrangements (MAPPA)
The Criminal Justice Act 2003 (“CJA 2003”) provides for the establishment of Multi-Agency Public Protection Arrangements (“MAPPA”). These are designed to protect the public, including previous victims of crime, from serious harm by sexual and violent offenders by local criminal justice agencies and other bodies dealing with offenders working together in partnership in dealing with these offenders.
Offenders who may be liable to management under MAPPA because of their caution or conviction and sentence should be identified by the agency that has the leading statutory responsibility for the offender. Upon identification the leading statutory agency must notify the MAPPA Co-ordinator of their impending release into the community, or the commencement of a community order or suspended sentence, as appropriate.
Offenders are placed into one of three MAPPA categories according to their offence and sentence:
Level 1 (ordinary agency management) - this involves the sharing of information but does not require multi-agency meetings.
Level 2 (MAPP meetings) - active multi-agency approach is required
Level 3 - senior representatives of the relevant agencies are also needed to commit resources
Once an offender has been identified as a MAPPA offender, the risk they pose for example risk of reconviction, the risk of reoffending, or the risk of serious harm should be assessed and a detailed and robust Risk Management Plan prepared.
Agencies with a duty to co-operate are invited to attend a MAPP meeting for any offender in respect of whom they can provide additional support and management. The frequency of meetings depends on the level of management deemed appropriate for each offender.
Offenders aged under 18 are subject to the same procedures as other MAPPA offenders, but additional considerations apply. For example, the MAPPA agencies have a statutory duty to have regard to the needs of the offender as a child. Therefore the Youth Offending Team and Children’s Services must be present at a MAPP meeting when the case of an offender aged under 18 is discussed.
Adapted from MAPAA Guidance 2021
Further information in relation to the MAPPA process can be found here or by contacting the local MAPPA co-ordinator - YatHPS.leeds.MAPPA@justice.gov.uk
Register of Sexual Offenders
The Sex Offenders Act 1997 requires that anyone cautioned or convicted for a sexual offence, including online, is put on the sex offenders register (SOR). Anyone on the sex offenders register must register with the police within three days of their conviction or release from prison. If they do not register, they will be charged with another criminal offence.
The information a registered sex offender needs to provide includes:
- Full name and any other names used (aliases)
- The addresses of any properties you stay in for more than seven days a year (non-consecutive)
- Date of birth
- National insurance number
- Passport details
In addition, a registered sex offender must notify the police:
- Of all foreign travel
- If they are living or staying with a person aged under 18, for 12 hours or more
- Of certain credit card and bank account details.
Failure to notify the police on any of the above or of any changes to any of the above is a criminal offence.
Registered sex offenders will be required to go to the police station on a regular basis in order to sign a document stating that they are still complying with SOR regulations.
All agencies must inform the Police if they are aware of a registered sex offender who has changed their address, or is planning to move, without informing the Police. This also applies to offenders under the age of 18 if they have been reprimanded, given a final warning or convicted.
The length of time a sexual offender is required to be on the SOR will depend on the offence they have committed and the sentence they have been given.
Child Sex Offender Disclosure Scheme (CSODS)
Most child sex offenders are known to their victims. They are often a member of the family, a friend of the victim, or a friend of the victim’s family.
Under the Child Sex Offender Disclosure Scheme (CSODS), often referred to as Sarah’s Law, the police can tell an individual who applies to know if someone has a record for child sexual offences or poses a risk to a child or children for some other reason.
Anyone who is worried about someone's behaviour towards a child can apply, not just a child's parents for example a grandparent, neighbour or friend. An application for information must be about a specific person and a specific child or children the applicant spends time with. General information about child sex offenders cannot be applied for.
No matter who makes the application, if there is information the police decide to share, they will inform whoever can use the information to keep the child safe. This might not be the person who made the application, it might be someone else (like the child's parents).
For further information see here or the West Yorkshire Police website.
Contact with a Prisoner who is Identified as Posing a Risk to Children
Prisons are required to actively encourage prisoners to maintain meaningful family ties while they are in custody. This includes the provision, where applicable, of regular and good quality contact time with children, however secure establishments must complete a multi-agency risk assessment to determine what, if any, contact a prisoner who is identified as posing a risk to children is allowed with a child. Where information is received or the behaviour of the prisoner is seen to indicate a potential risk of harm to a child, then a fully comprehensive risk assessment must be undertaken to determine whether the prisoner should be allowed contact with a child and the extent of such contact.
The over-riding principle is that the child's welfare is paramount, and any contact must be in the best interests of that child. This may not always correspond with the wishes of the child or of the primary carer. Where there is a conflict between the needs of the child and the carer, decisions should be made in the child's best interests.
Risk identification and management must be undertaken in a manner that is proportionate to the individual concerned, and any decisions to prevent or restrict contact need to take into account the risk presented by the offender, the needs and best interests of the child, balanced against the prisoner's right to a family life. In all cases decisions must be based on the best interests of the child.
The child’s parent / primary carer (or Local Authority for a child in Care) must be asked whether they support contact or not and at what level. The application cannot proceed unless the primary carer supports contact.
When an assessment of risk is made, and a level of contact agreed information should be sought from Police, Probation and Children’s Services. The assessment should include an assessment of the child's needs, wishes and feelings and the capacity of the primary carer to protect the child from potential harm. It should also consider other relevant assessments, previous convictions and behaviours.
Once the multi-agency assessment process is completed, the Governor (or a senior manager with suitable delegated authority) should decide about the appropriate level of contact suitable between the prisoner and the child. This process should not be completed in isolation and should be supported by members of the prison’s safeguarding risk panel or equivalent.
The risk presented should be managed proportionately, considering the existing safeguards available in custody. In all cases decisions must be based on what is in the best interests of the child and must be properly reasoned and fully recorded on file.
There are four possible contact levels for a prisoner who is assessed as posing a risk of harm to children:
- Level one: Full restrictions apply. No contact with any child is permitted
- Level two: Contact with a named child only via written correspondence. No telephone calls or visits
- Level three: Contact with a named child only is permitted via written correspondence and telephone. No visits
- Level four: No restrictions necessary. May have contact with a named child only via correspondence, telephone, visits and family visits.
The choice of level must be made with the over-riding principle that the child's welfare is paramount, and any contact permitted should be in the best interests of that child.
It should be noted that each assessment is specific to a particular child and cannot be used to determine contact levels with other children. Prisoners must apply separately in respect of each child with whom they want to have contact, including siblings living in the same household, and a separate risk assessment must be completed for each child. This can result in a prisoner being allowed different contact levels in respect of different children (including no contact at all).
An initial period of monitoring of all correspondence and telephone calls of prisoners presenting a risk to children must be completed. Monitoring may then continue, subject to the interception risk assessment process being carried out and regularly reviewed. Where prisoners have been granted child contact, staff should observe interactions, behaviours and presentation of the child and any signs of neglect, abuse or distress must be reported using the security incident reporting process and a contact to Children's Social Care if there is concern for the safety or welfare of a child.
Adapted from West Yorkshire Safeguarding Procedures, Chpt 1.4.39
Visits by a Child to High Secure Hospitals and Prisons
Secure hospitals should make decisions with regards to permitting children to visit adults within a secure hospital. Guidance on the High Security Psychiatric Services (Arrangements for Visits by Children) Directions 2013 state that the key principles with regards to visits by children are that:
- decisions should always be made in the child’s best interests
- the child’s wishes and feelings about the visit, taking account of his/her age and understanding, should be considered
- the child's welfare should be safeguarded and promoted and
- the child's contact with family members should be supported, whenever that contact is in the child's best interests.
The Directions state that “a provider may not allow a child to visit any patient in a high secure hospital unless it is satisfied that the visit is in the child’s best interests and has approved the visit in accordance with the Directions. The only exception to this is where there is a contact order made under the Children Act 1989, which specifies that the child may visit the patient in the high secure hospital. In such cases, visits should be allowed unless there are concerns about a patient’s mental state at the time of the visit such that the nominated officer decides a visit would not be in the child's best interests”.
In the case of a patient judged to present a risk of harm or potential harm to a child, the child must be within the permitted categories of relationship to the patient and those with parental responsibility for the child are required to give their consent in writing for the child to visit the patient.
For more information please see Guidance on the High Security Psychiatric Services (Arrangements for Visits by Children) Directions 2013
The low security hospital within Leeds has a Child Visitor Policy which is available from them on request.
Risk from Domestic Violence or Abuse
Domestic abuse can encompass a wide range of behaviours and may be a single incident or a pattern of incidents. Domestic abuse is not limited to physical acts of violence or threatening behaviour, and can include emotional, psychological, controlling or coercive behaviour, sexual and/or economic abuse.
Children may experience domestic abuse directly, as victims in their own right, or indirectly due to the impact the abuse has on others such as the non-abusive parent.
Under the Domestic Abuse Act 2021, children are recognised as victims of domestic abuse in their own right, if they see, hear, or experience the effects of the abuse, and are related to the perpetrator of the abuse or the victim of the abuse. Abuse directed towards the child is defined as child abuse.
Where there is domestic abuse, the wellbeing of the children in the household must be promoted and all assessments must consider the need to safeguard the children, including unborn children.
Additional risk assessment processes are in place for individuals who are at highest risk of harm from domestic abuse.
MARAC (multi-agency risk assessment conference)
A MARAC is a process where information is shared and considered in relation to the highest risk domestic abuse cases in order to increase the safety of the victim and other vulnerable parties such as children. Representatives of Police, Probation services, Health, Children’s Social Care, Housing providers, Independent Domestic Violence Advisors (IDVAs) and other specialists/professionals from the statutory and voluntary sectors or interested parties provide information relevant to the case.
The MARAC creates a multi-agency action plan to address the identified risks and increase the safety and wellbeing of all those at risk as well as taking action to address perpetrator behaviour.
For further information about MARACs please see Leeds City Council website.
Domestic Violence Disclosure Scheme (DVDS)
The Domestic Violence Disclosure Scheme (DVDS), often referred to as Clare’s Law is a police policy giving people the right to know if their current or ex-partner has any previous history of violence or abuse.
Any individual (aged 16 or older) has the right to make an application to the police requesting information about their current or ex-partner, because they are worried they may have been abusive in the past and believe they may pose a risk to them in future.
Individuals can also request information about the current or ex-partner of a close friend, neighbour or family member, because they are concerned that they might be at risk of domestic abuse in future.
The law also provides a ‘right to know’ which means that if police checks show that a individual has a record of violent or abusive behaviour, and the police believe the current or previous partner may be at risk, they may decide to proactively share that information with the individual they believe to be at risk.
Any disclosures must be considered ‘lawful’, ‘proportionate’ and ‘necessary’. This means that police must first decide whether it is appropriate to disclose a partner’s confidential records as part of the application. If there is information to suggest that the person who applied may be at risk, then the police will make a collective decision on what information to disclose.
If an applicant is applying on their own behalf, then the police will disclose any information directly to them, usually in person. If an individual applies on behalf of someone else, any disclosure is likely to depend on their relationship to that person and their ability to keep them safe.
Should a partner not be known to the police, or if police checks suggest that there isn’t a risk then the police will tell the applicant and are not required to share any disclosure with the applicant or anyone else.
For further information on The Domestic Violence Disclosure Scheme (DVDS) / Clare’s Law or West Yorkshire Police.