Appendix 14 - Wolverhampton Protocol for Adults Identified as Posing a Risk or Potential Risk to Children

1.0	Introduction
2.0	Notification Procedures
3.0	Levels of Risk
4.0	Risk Databases
5.0	Deregistration Procedure

1.0 Introduction

The term Schedule One Offender has been used for anyone convicted of an offence listed in Schedule One of the Children and Young Person's Act 1933. It did not include an assessment of future risk of harm to children and was therefore simply a record of offending and was a blunt tool to use as an indicator of risk of harm to children.

The term 'Schedule One Offender' has therefore been replaced with the term 'Risk to Children' which clearly indicates the individual has been assessed and identified as presenting a risk or potential risk of harm to children. The new list of offences (included as Appendix 15, List of the Major Offences that might be Committed against Children) should be used as a trigger to a further assessment using professional judgement to decide if the offender presents a continuing risk of harm to children.

The conclusion that an individual poses a 'Risk to Children' should be based on all available information including that provided by relevant agencies, such as assessments of risk made by Probation, Police, Health, whether individually or via the Multi-Agency Public Protection Arrangements (MAPPA).

Not all convicted/cautioned individuals will pose a risk to children e.g. offences committed in a road traffic accident may not pose a continuing risk and offences committed as a juvenile may not present a continuing risk as an adult.

Also there will be cases where a person without a conviction may pose a risk to children. Adults who may pose a risk to children include:

Those found guilty of a sexual offence or one of violence, listed 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;
Those included in the Sex Offenders' Register who are seen to represent a threat to 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.

Once an individual has been sentenced and identified as presenting a risk to children, agencies should work collaboratively to monitor and manage the identified risk.

2.0 Notification Procedures

2.1	Following conviction of an adult of an offence against a child the National Offender Management Service (NOMS) should complete a 'Risk or Potential Risk to Children Notification Form' and an assessment of risk of harm (OASYS) and forward it to the Safeguarding Children Support Service at either the Pre-Sentence Report stage or if sentenced without a report, at the start of the community or custodial sentence.
2.2	The Prison Service should complete a 'Risk or Potential Risk to Children Notification Form' prior to the release from custody of any offender convicted of an offence against a child and forward it to the Police, Probation and the Children & Young People's Service.
2.3	Wolverhampton YOT should complete a 'Risk or Potential Risk to Children Notification Form' and an assessment of risk of serious harm using the ASSET Tool on all young people convicted of an offence against a child and forward it to the Safeguarding Children Support Service at either the Pre-Sentence Report stage or if sentenced without a report, at the start of the community or custodial sentence.
2.4	When a young person enters custody it is the responsibility of Wolverhampton YOT to notify the establishment if the young person has committed an offence against a child and has been assessed as presenting a risk or potential risk to children. The custodial establishment will then complete notifications on discharge as specified in Section 2.2

3.0 Levels of Risk

3.1	An offender may be assessed as low, medium, high or very high risk.
3.2	If an assessment concludes an offender is a low risk, a 'Request to Exclude Notification of Risk or Potential Risk to Children Form' should be completed and forwarded to the Safeguarding Children Support Service. The case will then be discussed by the Deputy Head of Safeguarding and the YOT Team Manager/Probation Manager and a joint decision made about whether to register the individual as presenting a risk or potential risk to children.
3.3	All other levels of risk require completion of the Notification Form as outlined in Section 2.0, Notification Procedures

4.0 Risk Databases

4.1	The Safeguarding Children Support Service will maintain a database/register of 'People identified as presenting a risk or potential risk to children' and will record on it all the notifications of medium high and very high risk received and those notifications of low risk agreed for inclusion jointly by the Unit and the notifier. This database may be consulted by authorised staff and agencies when completing safeguarding assessments and enquiries.
4.2	The Children & Young People's Service will record the 'Risk or potential risk' status on the Directorate Information System.
4.3	Wolverhampton YOT will record the 'Risk or potential risk' status on the Young Offender Information System Plus and the Probation Service will similarly record the status on their information system.
4.4	A person who is registered on the Safeguarding Children Support Service database and is assessed as high or very high risk will be referred to and managed by the MAPPA Youth Panel/MAPPA.

5.0 Deregistration Procedure

5.1	Any person registered on the Safeguarding Children Support Service database will remain on the register until they are assessed as no longer presenting a risk to children and this is agreed by MAPPA and the relevant Assistant Director of the Children & Young People's Service.
5.2	If an assessment concludes a previously registered person now presents only a low risk to children a 'De-Registration Report' should be completed by the supervisor and be agreed by the relevant YOT or Probation Team Manager.
5.3	The Manager should request that the individual is included on the agenda at the next MAPPA/MAPPA Youth Panel. The case will be considered by the Panel and if deregistration is agreed the Safeguarding Children Support Service will forward the recommendation to the Chief Officer, (Children in Need, Looked After Children and Youth Offending) Children and Young People's Service who has delegated authority to make the final decision.
5.4	If the recommendation is agreed, the 'Risk or potential risk to children' status will be removed from the Safeguarding Children Support Service database and from the Directorate Information System and a letter will be sent to the individual concerned explaining this has happened with a copy to the relevant YOT or Probation Service
5.5	The ''Risk or potential risk to children' status will also be removed from the Young Offender Information System Plus/Probation Records.