Managing Individuals who Pose a Risk to Children
RELATED GUIDANCE
MAPPA (Multi-Agency Public Protection Arrangements) Guidance
AMENDMENT
This chapter was updated in November 2023 to reflect the extension of the duty to co-operate under the Police, Crime, Sentencing and Courts Act 2022.
Contents
- Introduction
- Sharing Information to Protect Others
- Recognition/Triggers
- Notification to Durham SCP
- Local Documents
1. Introduction
The purpose of this chapter is to provide an overview of the processes/systems for dealing with adults/young people who are believed to constitute a risk to children. It is acknowledged that they cannot provide absolute protection.
Please also refer to the Durham local procedures for Sexually Harmful Behaviour by children and young people (see Harmful Sexual Behaviour Procedure).
The decision-making involved in the assessment of risk and its management can prevent re-offending but it is not infallible. The concept of defensible decision-making is crucial and the key criteria are:
- All reasonable steps have been taken;
- Reliable assessment methods have been used;
- All available information held by agencies has been collated and thoroughly evaluated for accuracy and relevancy;
- Decisions are recorded (and subsequently carried out);
- Policies and procedures have been followed; and
- Practitioners and their managers adopt an investigative approach and are pro-active.
Information-sharing and disclosure underpin robust risk assessment and management. This process must be informed by the following:
- It is necessary for the purpose of assessing and managing risk;
- It is proportionate and carried out in ways to ensure the safety and security of the information shared; and
- The sharing is accountable.
Section 325(3) of the Criminal Justice Act 2003 establishes that agencies have a “duty to co-operate” (“DTC”) within the MAPPA framework.
Section 325(4A)(c) states that any other person the Responsible Authority considers could contribute to the achievement of the purpose of MAPPA may also share information with the named partners, essentially extending the “Duty to Cooperate” to anyone needed on a case-by-case basis.
The Duty to Cooperate established under s.325 expressly permits the sharing of information between partner agencies, and ss. 4B(a) and (b) state that any such information sharing does not breach any obligation of confidence owed by the person making the disclosure or any other restriction on the disclosure of information (however imposed).
2. Sharing Information to Protect Others
Written consent from the offender is not required if the information is being shared in order to protect:
- Children;
- Vulnerable adults;
- The general public.
3. Recognition/Triggers
The term 'Schedule One Offender' is no longer used and has been replaced with 'Risk to Children'. This clearly indicates that the person has been identified as presenting a continuing risk of harm to children.
Guidance on Offences against Children has been issued explaining how those people who present a potential risk or risk of harm to children should be identified. There may also be cases where a person who has not been convicted may be deemed to pose a continuing risk to children. This should trigger further assessment to determine a continued risk of harm to children.
Indicators of people who may pose a risk to children include:
- Those found guilty of an offence under Schedule One of the Children and Young Persons Act 1933;
- Individuals known to have been cautioned/warned/reprimanded in relation to an offence against children;
- Individuals against whom there is a previous finding in civil proceedings, e.g. Sex Offender Order or care proceedings;
- Those about whom there has been a previous Section 47 Enquiry which came to the conclusion that there had been abuse;
- An individual who has admitted past abuse of a child;
- Others whose past or present behaviour gives rise to a reason to suspect that a child may be at risk of significant harm, e.g. a history of domestic abuse and other serious assaults;
- Offenders against adults who are notified to the Local Authority, because the Prison or Probation Services are concerned about the possible risk to children;
- Offenders who come to the attention of the MAPPA and MARAC.
4. Notification to Durham SCP
Durham SCP should be notified of adults and young people who are cautioned, convicted, or have been assessed as a continued risk to children and young people The information is logged on an electronic case management system producing a warning indicator. The details are held by the DSCP Business Unit and will only be shared for the purposes of child protection.
It is the responsibility of all agencies to refer matters to the DSCP Business Unit where appropriate.