11.4 Known Offenders and Others who may Pose a Risk to Children

This section provides procedures in relation to the response required to individuals who are known or suspected to have caused significant harm to children (a person under the age of 18).

A ‘Person Posing a Risk to Children’ includes people who are under 18 but excludes younger children displaying non-exploitative sexual exploration. Where this is undetermined or unclear these procedures should be followed. When this procedure is used in relation to a person under 18 posing a risk,  Children who harm other children should be considered.

Offending history is an important factor in such assessments but it is not the only one.

Practitioners need always to exercise professional judgement and remember that there are also other types of offences where a child may be the intended victim but where the primary offence is not a child specific offence e.g. telecommunications offences, harassment etc.

Recognition

Indicators of people who may pose a risk to children include:

• Those found guilty of an offence under schedule 1 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. Sexual Harm Prevention Orders or care proceedings;
• Those about whom there has been a previous S.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 violence and other serious assaults;
• Reports of low level allegations or those with inconclusive findings;
• 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;

Response

A S.47 enquiry must be instigated if the offender / person who poses a threat, is living in a household with children, has contact with children or poses a risk to children in the area.

On notification or discovery of a person identified as presenting a risk, or potential risk, to children, children’s social care must treat this information as a child protection referral.

Checks (including with the prison service that may hold important information) must be undertaken to establish:

• Any children believed to have been abused by the individual in the past;
• Other children who are believed to have been in contact with the individual in the past and may therefore have been at risk;
• Children with whom the individual is currently in contact in a family or work/voluntary setting;
• Children (or groups of children) with whom the individual may seek contact, such as children attending a school located near the home of an offender known to target such children;

All assessments of risk must consider the:

• Needs of the children affected;
• Level and pattern of abusing or offending behaviour, including behaviour thoughts to have occurred, but which has not led to a criminal conviction;
• Level of protection which is likely to be provided by other significant adults;
• Ability of the young people to protect themselves.