Information Sharing and Reporting Arrangements

 

Contents

  1. Purpose
  2. Introduction
  3. Criteria for information sharing
  4. Who should share information
  5. How to share information with BFSWS
  6. Response by BFSWS
  7. Response by SO1 Safeguarding Allegations Management Officer
  8. Managing Public Protection
  9. Storing information on people who present a risk to children
  10. Logging requests for information on persons who present a risk to children
  11. Informing people that information is held on them/ reviewing information on persons that pose a risk
  12. Sharing information with other agencies and members of the public on persons who present a risk to children
  13. Reporting Concerns
  14. Annex 1

 

 

1.Purpose

1.1This protocol lays out the locally agreed arrangements for practitioners working in services for families, children, adults and with adult offenders. Bringing closer together existing protocols and procedures. All employees both military and civilian, are reminded that the welfare and safety of children is the paramount consideration (Children Act 1989).

 

1.2The guidance should be read in conjunction with the BFG Safeguarding Procedures and Working Together 2015 documents.

 

1.3This guidance sets out:

  • Key considerations when deciding whether information should be shared
  • Information sharing
  • Agency responses
  • Storage of information


2.Introduction

2.1In 2005, the Home Office issued Circular 16/2005 instructing agencies that the term Schedule One Offender should be discontinued and replaced with 'a person identified as presenting a risk or potential risk to children’. Alongside the circular, a list of offences (at Annex 1) was also issued for consultation by agencies when considering those persons who are identified as presenting a risk to children;

 

2.2Whilst the terminology Schedule One Offender has been widely used by agencies to describe those persons who present a risk to children, it is a label that historically has caused confusion and has elicited inconsistent responses from agencies. Persons with a Schedule One conviction regardless of the age they were convicted, remain labelled as Schedule One Offenders throughout their lives;

 

2.3Whilst some persons with a Schedule One Offence may always present a risk to children, other persons (i.e. a 15 year old involved in a playground fight with another 15 year old) may never present a risk to children in the future;

 

2.4The move away from using the terminology Schedule One Offender was therefore intended to ensure that a wider focus is given to identifying persons who present a risk to children. Legislation such as the Human Rights Act 1998, Freedom of Information 2000 Act, Data Protection Act 1998 and Crime and Disorder Act 1998 will also ensure that information held on persons presenting a risk/potential risk to children is held lawfully and is subject to review.

 

3.Criteria for Information Sharing with BFSWS / S01 Safeguarding Lead

3.1Persons who present a risk to children represent a serious threat to the well-being of children in society. Equally, however, it is important that agencies do not hold information on persons without due regard to relevant legislation such as Data Protection Act 1998, Freedom of Information Act 2000 and with the above legislation in mind, it may be necessary for agencies within BFG to share information about the following types of person, namely persons who:

  • have convictions included in the List of Offences (Appendix 1) or who have cautions/final warning may also require referring;
  • there is a finding of fact against them from either 'private or public law proceedings' that indicates they may present a risk to a child or the community
  • names are on the Children's or Adults' Barred Lists held by the Disclosure and Barring Service 
  • it is deemed either at a professionals meeting, Strategy Meeting or Child Protection Conference the individual presents a risk to children;

Information on persons under the age of 18 years, who meet the above criteria, should be shared with BFSWS if they are deemed by the referring agency to present a risk to children.

 

4.Who Should Share Information with BFSWS

4.1All agencies have a professional responsibility to safeguard and promote the welfare of children dictated by Working Together Statutory Guidance 2015. Even where the core business of the agency is not child protection, the welfare of the child is paramount and information must be shared by all agencies if there are concerns about the welfare of child. Ref: Multi Agency Information Sharing Protocol and guidance

 

4.2Professionals should familiarise themselves with the List of Offences (ANNEX 1) and the associated criteria for sharing information on persons who present a risk to children with Children's Social Care. Professionals may come across this information in a variety of ways, for example:

  • Social workers where information comes to light, either through Assessment or Section 47 Enquiries that work that a person(s) presents a risk to children;
  • Employers/Human Resources Officers where an employee has been referred to the Disclosure and Barring Service. A referral to BFSWS should also be made if they are aware that the person has contact with/resides with children;
  • Probation Officers/Social Workers where it comes to light through case work that a person/young person presents a risk to children. A referral should also be made to BFSWS if the person is in contact with/resides with children;
  • Probation Officers or Commanding Officers when informed a finding of fact is made against an individual(s) in either private or public law proceedings and the person resides in the area or is associated with children who reside in the area. A referral should also be made to BFSWS if there are concerns about the welfare of a child;
  • SO1 Safeguarding / Allegations Management Officer where it comes to light that there are concerns about the suitability of a person to work with children and young people. A referral should also be made to BFSWS if there are concerns about the welfare of a child;
  • Where a professionals meeting, Strategy Meeting or Child Protection Conference has taken place and it is deemed by the majority of the members of that meeting that a person(s) presents a risk to children/is unsuitable to work with children, the Chair of the meeting will be responsible for recording the decision of the meeting, notifying the said person and ensuring that the information is recorded and appropriate follow up action is taken;
  • All other professionals (i.e. Health, Education, Police Voluntary Agencies) where it comes to light during the course of their activities that a person may present a risk to children, should make a referral to BFSWS in accordance with the BFG Referral and Assessment procedure. Where the information relates to an adult who meets the criteria for sharing information with BFSWS, but who is not currently in contact with children, BFSWS should record the information and refer to SO1 Safeguarding.

 

5.How to Share Information with BFSWS

5.1Where the concerns that a specific child or vulnerable adult in the community is at risk, information should be passed in the first instance to BFSWS;

 

5.2Information from referring agencies if made by telephone must be followed up in writing within forty eight hours.

 

5.3Wherever possible, information should be sent on the Multi-Agency Referral Form (MARF); bfgnet.de/safeguarding

 

5.4As much detail as possible should be included and whenever possible:

  • The full name (including any aliases) of the person who presents a risk to children;
  • Date of birth (including any aliases);
  • Current and any previous addresses;
  • Name and address of any children they are associated with/in contact with;
  • Any convictions, findings of fact, sex offender register requirements, previous Section 47 Enquiries
  • Name of person sharing information, position within organisation and telephone number;
  • Whether the person who presents a risk to children also works with children and young people and, if so, whether the SO1 Safeguarding Lead and the Disclosure & Barring been informed;
  • Whether the person who presents risk to children has been informed of the information being shared with BFSWS.

 

6.Response by BFSWS

6.1Where a child is identified as being accessible to a person who may pose a risk, child Safeguarding procedures are to be followed. BFSWS will undertake checks with other agencies (including the Probation Service that may hold important information) to establish: o Any children believed to have been abused by the individual in the past; o Other children who are believed to have been in contact with the individual in the past and may therefore have been at risk; o Children with whom the individual is currently in contact with in a family or work/voluntary setting; o 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.

 

6.2All assessments of risk must consider the: o Needs of and impact on the children affected; o Level and pattern of abusing or offending behaviour, including behaviour thought to have occurred but which has not led to a criminal conviction; o Level of protection, which is likely to be provided by other significant adults; o Ability of the children/young people to protect themselves.

 

6.3Where a child or young person (aged under 18 years) offends against another child, a thorough and specialist assessment should be undertaken, as necessary, to establish the extent to which the young person who has offended continues to pose a risk of harm to other children and young people. They should be alert to the possibility that there may be little or no continuing risk of harm to other children and young people, but never losing sight of taking all possible actions to ensure that children are adequately protected from any future harm. Practitioners should also assess and put in place services to respond to the, often complex, needs of the young person who has offended.

 

6.4For the purpose of agreeing and informing any further action as necessary, BFSWS will inform SO1 Safeguarding, of any referrals regarding Persons who Present Risk to children or vulnerable adults in the community.

 

7.Response by SO1 Safeguarding

7.1All contacts to SO1 Safeguarding informing of Persons who Present Risk in the Community will be recorded by SO1 Safeguarding.

 

7.2Where there are concerns about a person who works with children (either in a paid or voluntary capacity), the SO1 Safeguarding Lead should be contacted in the first instance and the Allegations Against Staff and Volunteers (SIBFG 3301) procedure should be followed with SO1 Safeguarding convening an Allegations Management Strategy meeting involving all relevant agencies.

 

7.3Where there are concerns about Complex abuse (organised or multiple), referrals should be made to BFSWS who will contact SO1 Safeguarding to convene a Complex Strategy Meeting involving all relevant agencies (Complex abuse can be defined as abuse involving one or more abusers and a number of children, but not necessarily relating to both multiple abusers and multiple potential victims).

 

7.4Commanding Officers who have responsibility for serving soldiers or their dependants who present risk but are not in contact with any specifically named children or vulnerable adults should contact SO1 Safeguarding, in the first instance, for assistance with reference to AGAI 67 guidance.

 

7.5SO1 Safeguarding will support Commanding Officers to refer any concerns to BFSWS for a named child or vulnerable adult in the community, using the MARF, to initiate Child in Need or Child Protection procedures as necessary.

 

8.Managing Public Protection

8.1Child protection arrangements exist to manage risks to all identified children. Public protection arrangements exist to manage the risk of serious harm posed by individual offenders whether or not that risk is to an identified child. It is essential that child protection procedures and public protection arrangements remain independent of each other whilst allowing for timely and coordinated assessment of risk and decision making.

 

8.2Working together to protect and support victims and their families requires multi-agency collaboration. As part of that protection action is taken to prosecute known offenders or control their access to vulnerable children. An extension of this work is identifying and assessing the on-going risk of harm that an individual perpetrator may present to other children in the future.

 

8.3Although the full range of Multi Agency Public Protection Arrangements (MAPPA) are not available in BFG Commanding Officers in conjunction with SO1 Safeguarding and relevant key agencies will need to decide how or indeed whether the risk presented by an individual can be managed in the BFG setting. SO1 Safeguarding and Commanding Officers will lead Public Protection Arrangements which will be informed by their risk assessment carried out under AGAI 67 guidance.

 

9.Storing Information Regarding Persons who Present a Risk to Children

9.1SO1 Safeguarding holds responsibility for retaining the main data base of information regarding Person(s) who present a risk to children.  Information received in this respect will be recorded and stored by SO1 Safeguarding Lead in electronic form on BFG-HQ-G1 Safeguarding Ltd Moss document library for a period of seventy five years.

 

Information received in respect of person (s) who present a risk to children will be logged as a contact by BFSWS and stored in electronic form on BFSWS Case Management (Core Assets) system. Information regarding cases relating to named children or adults at risk will be stored in line with Core Assets Safeguarding record retention policy.


Accessing Information Held on Persons who Present a Risk to Children

9.2Information held on persons who present a risk to children is highly sensitive. Disclosure of information in this respect should be made in accordance with the relevant legislation, i.e. Data Protection Act 1998, Human Rights Act 1998, Freedom of Information Act 2000, Crime and Disorder Act 1998, or to protect a child:

  • Access to information held on persons who present a risk to children will only be permissible via the SO1 Safeguarding Lead. Information held by SO1 Safeguarding in respect of persons who present a risk to children may only be accessed by relevant employees;
  • The exception to this will be delegated persons in Human Resources who will have authority to request information via SO1 Safeguarding, for the purpose of employment/volunteer reference checks;

10.Logging Requests for Information on Persons who Present a Risk to Children

10.1All requests for information on persons who present a risk to children should be recorded and logged by SO1 Safeguarding department;

 

10.2The following details should be requested by the person receiving the contact: o Name of person requesting information; o Position within organisation and phone number; o Name of person information requested on; o Reason information is required/ name of child associated with; o Date requested.

 

10.3The name of the member of staff who gave the details and also the date information was shared should also be recorded;

 

10.4A record of the number of times that information has been requested against a specific person should also be recorded. Where 3 requests for information are made in respect of a person who presents a risk to children consideration must be given to a Strategy Meeting convened by HQ-BFG-G1 Safeguarding Service;

 

10.5An audit of enquiries made to SO1 Safeguarding in respect of persons who present a risk to children should be undertaken on an annual basis to provide management information to the Safeguarding Board.

 

11.Informing People that Information is Held on them/Reviewing Information on Persons who Present a Risk to Children

11.1Information held on members of the general public must be held lawfully and be subject to review. Information held by [MOD Agencies and contractors] on persons who present a risk to children must therefore be held in accordance with current legislation i.e. Human Rights Act 1998, Data Protection Act 1998, Freedom of Information Act 2000 and Crime and Disorder Act 1998:

  • Any person on whom MOD Agencies and contractors holds information has the right to request sight of information about them under the Data Protection Act 1998. Any such request must be considered in accordance with that Act;
  • Professionals sharing information with the SO1 Safeguarding in respect of a person(s) who presents a risk to children should make the person aware that the local authority will hold information on them and that the information will be subject to review;
  • The referring agency is responsible for maintaining and updating their records (in accordance with their own internal procedures) and will inform the SO1 Safeguarding Lead and the person who presents a risk to children if there is any change in their status.

 

12.Sharing Information Regarding Persons who Present a Risk to Children with other Agencies/Members of the Public

12.1There will be some instances when it will be necessary to share information with other agencies/members of the public in respect of those persons who present a risk to children;

 

12.2However, information sharing in respect of persons who present a risk to children should be done so in accordance with legislation and legal advice should always be sought - see Multi-agency Information Sharing Guidance & Protocol 

 

13.Reporting Concerns

13.1If you suspect or believe a child is suffering or is likely to suffer significant harm as result of their contact with a person who may present a risk you should contact BFSWS Central Referral Team.

 

Central Referral Team: 0049 (0)800 724 3176    (Child/Adult Protection emergencies only after office hours between the 5:00pm and 08:30am  - Central European time) 

 

13.2You should always contact SO1 Safeguarding with reference to AGAI 67 on telephone: 0049 (0)521 9254 2683 If:

  •  you have concerns or information that a person may present a risk to children but is not in contact with a specific child or adult
  •  you are a Commanding Officer who has responsibility for a serving soldier or their dependent that may present a risk, but is not in contact with a specific child or vulnerable adult

 

Annex 1

List of Relevant Offences

  1. A chronological list of offences which can be used to identify those who present a risk, or potential risk, to children
  2. A reference to an offence in this list includes:
    • A reference to an attempt, conspiracy or incitement to commit that offence, and
    • A reference to aiding, abetting, counselling or procuring the commission of that offence
  3. Unless stated otherwise, the victim of the offences will be under 18
  4. Cautions for the offences will apply

*** This list is not exhaustive

 

Offence Section Act
Murder Common Law  
Manslaughter Common Law  
Infanticide Common Law  
Kidnapping Common Law  
False Imprisonment Common Law  
Assault or battery Common Law  
Indecent exposure Section 4 Vagrancy Act 1824
Indecent exposure Section 28 Town Police Clauses Act 1847
Conspiring or soliciting to commit murder Section 4 Offences Against the Person Act 1861
Administering poison, or wounding, with intent to murder Section 11 Offences Against the Person Act 1861
Threats to kill Section 16 Offences Against the Person Act 1861
Wounding and causing grievous bodily harm: Wounding with intent Section 18 Offences Against the Person Act 1861
Wounding and causing grievous bodily harm: Inflicting bodily injury Section 20 Offences Against the Person Act 1861
Maliciously administering poison Section 23 Offences Against the Person Act 1861
Abandonment of children under two Section 27 Offences Against the Person Act 1861
Assault occasioning actual bodily harm Section 47 Offences Against the Person Act 1861
Child stealing Section 56 Offences Against the Person Act 1861
Drunk in charge of a child under 7 years Section 2 Licensing Act 1902
Cruelty to children Section 1 Children and Young Persons Act 1933
Allowing persons under 16 to be in brothels Section 3 Children and Young Persons Act 1933
Causing or allowing persons under 16 to be used for begging Section 4 Children and Young Persons Act 1933
Give / cause to be given intoxicating liquor to a child under 5 years Section 5 Children and Young Persons Act 1933
Exposing children under seven to risk of burning Section 11 Children and Young Persons Act 1933
Prohibition against persons under 16 taking part in performances endangering life and limb Section 23 Children and Young Persons Act 1933
Infanticide Section 1 Infanticide Act 1938
Rape Section 1 Sexual Offences Act 1956
Procurement of a woman by threats Section 2 Sexual Offences Act 1956
Procurement of a woman by false pretences Section 3 Sexual Offences Act 1956
Administering drugs to obtain or facilitate intercourse Section 4 Sexual Offences Act 1956
Intercourse with a girl under 13 Section 5 Sexual Offences Act 1956
Intercourse with a girl under 16 Section 6 Sexual Offences Act 1956
Intercourse with defective Section 7 Sexual Offences Act 1956
Procurement of defective Section 9 Sexual Offences Act 1956
Incest by a man Section 10 Sexual Offences Act 1956
Incest by a woman Section 11 Sexual Offences Act 1956
Buggery where the victim is under 16* Section 12 Sexual Offences Act 1956
Indecency between men (gross indecency) Section 13 Sexual Offences Act 1956
Indecent assault on a woman Section 14 Sexual Offences Act 1956
Indecent assault on a man Section 15 Sexual Offences Act 1956
Assault with intent to commit buggery Section 16 Sexual Offences Act 1956
Abduction of a woman by force or for the sake of her property Section 17 Sexual Offences Act 1956
Abduction of unmarried girl under 18 from parent or guardian Section 19 Sexual Offences Act 1956
Abduction of unmarried girl under 16 from parent or guardian Section 20 Sexual Offences Act 1956
Abduction of defective from parent or guardian Section 21 Sexual Offences Act 1956
Causing prostitution of women Section 22 Sexual Offences Act 1956
Procuration of girl under 21 Section 23 Sexual Offences Act 1956
Detention of a woman in a brothel or other premises Section 24 Sexual Offences Act 1956
Permitting a girl under 13 to use premises for intercourse Section 25 Sexual Offences Act 1956
Permitting a girl between 13 and 16 to use premises for intercourse Section 26 Sexual Offences Act 1956
Permitting defective to use premises for intercourse Section 27 Sexual Offences Act 1956
Causing or encouraging prostitution of, or intercourse with, or indecent assault on, girl under 16 Section 28 Sexual Offences Act 1956
Causing or encouraging prostitution of defective Section 29 Sexual Offences Act 1956
Man living on earnings of prostitution Section 30 Sexual Offences Act 1956
Women exercising control over prostitute Section 31 Sexual Offences Act 1956
Sexual intercourse with patients Section 128 Mental Health Act 1959
Indecent conduct towards young child Section 1 Indecency with Children Act 1960
Aiding, abetting, counselling or procuring the suicide of a child or young person Section 2 Suicide Act 1961
Procuring others to commit homosexual acts (by procuring a child to commit an act of buggery with any person, or procuring any person to commit an act of buggery with a child) Section 4 Sexual Offences Act 1967
Living on earnings of male prostitution Section 5 Sexual Offences Act 1967
Burglary (by entering a building or part of a building with intent to rape a child) Section 9 Theft Act 1968
Supplying or offering to supply a Class A drug to a child, being concerned in the supplying of such a drug to a child, or being concerned in the making to a child of an offer to supply such a drug Section 4 Misuse of Drugs Act 1971
Inciting girl under 16 to have incestuous sexual intercourse Section 54 Criminal Law Act 1977
Indecent photographs of children Section 1 Protection of Children Act 1978
Offence of abduction of a child by parent Section 1 Child Abduction Act 1984
Offence of abduction of child by other persons Section 2 Child Abduction Act 1984
Possession of indecent photographs of children Section 160 Criminal Justice Act 1988
Abduction of Child in Care/Police Protection take away/induce away/assist to run away/ keep away Section 49 Children Act 1989
Recovery of missing or unlawfully held children Section 50 Children Act 1989
Abuse of Trust Section 3 Sexual Offences (Amendment) Act 2000
Traffic in prostitution Section 145 Nationality, Immigration and Asylum Act 2002
Rape Section 1 Sexual Offences Act 2003
Assault by penetration Section 2 Sexual Offences Act 2003
Sexual assault Section 3 Sexual Offences Act 2003
Causing a person to engage in sexual activity without consent Section 4 Sexual Offences Act 2003
Rape of a child under 13 Section 5 Sexual Offences Act 2003
Assault of a child under 13 by penetration Section 6 Sexual Offences Act 2003
Sexual assault of a child under 13 Section 7 Sexual Offences Act 2003
Causing or inciting a child under 13 to engage in sexual activity Section 8 Sexual Offences Act 2003
Sexual Activity with a Child Section 9 Sexual Offences Act 2003
Causing or inciting a child to engage in sexual activity Section 10 Sexual Offences Act 2003
Engaging in sexual activity in the presence of a child Section 11 Sexual Offences Act 2003
Causing a child to watch a sexual act Section 12 Sexual Offences Act 2003
Child sex offences committed by a children or young persons Section 13 Sexual Offences Act 2003
Arranging or facilitating commission of a child sex offence Section 14 Sexual Offences Act 2003
Meeting a child following sexual grooming etc Section 15 Sexual Offences Act 2003
Abuse of position of trust: sexual activity with a child Section 16 Sexual Offences Act 2003
Abuse of position of trust: causing or inciting a child to engage in sexual activity Section 17 Sexual Offences Act 2003
Abuse of position of trust: sexual activity in the presence of a child Section 18 Sexual Offences Act 2003
Abuse of position of trust: causing a child to watch a sexual act Section 19 Sexual Offences Act 2003
Sexual activity with a child family member Section 25 Sexual Offences Act 2003
Inciting a child family member to engage in sexual activity Section 26 Sexual Offences Act 2003
Sexual activity with a person with a mental disorder impeding choice Section 30 Sexual Offences Act 2003
Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity Section 31 Sexual Offences Act 2003
Engaging in sexual activity in the presence of a person with a mental disorder impeding choice Section 32 Sexual Offences Act 2003
Causing a person, with a mental disorder impeding choice, to watch a sexual act Section 33 Sexual Offences Act 2003
Inducement, threat or deception to procure sexual activity with a person with a mental disorder Section 34 Sexual Offences Act 2003
Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception Section 35 Sexual Offences Act 2003
Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder Section 36 Sexual Offences Act 2003
Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception Section 37 Sexual Offences Act 2003
Care workers: sexual activity with a person with a mental disorder Section 38 Sexual Offences Act 2003
Care workers: causing or inciting sexual activity Section 39 Sexual Offences Act 2003
Care workers: sexual activity in the presence of a person with a mental disorder Section 40 Sexual Offences Act 2003
Care workers: causing a person with a mental disorder to watch a sexual act Section 41 Sexual Offences Act 2003
Paying for the sexual services of a child Section 47 Sexual Offences Act 2003
Causing or inciting child prostitution or pornography Section 48 Sexual Offences Act 2003
Controlling a child prostitute or a child involved in pornography Section 49 Sexual Offences Act 2003
Arranging or facilitating child prostitution or pornography Section 50 Sexual Offences Act 2003
Causing or inciting prostitution for gain Section 52 Sexual Offences Act 2003
Controlling prostitution for gain Section 53 Sexual Offences Act 2003
Trafficking into the UK for sexual exploitation Section 57 Sexual Offences Act 2003
Trafficking within the UK for sexual exploitation Section 58 Sexual Offences Act 2003
Trafficking out of the UK for sexual exploitation Section 59 Sexual Offences Act 2003
Administering a substance with intent Section 61 Sexual Offences Act 2003
Committing an offence with intent to commit a sexual offence (in a case where the intended offence was an offence against a child) Section 62 Sexual Offences Act 2003
Trespass with intent to commit a sexual offence (in a case where the intended offence was an offence against a child) Section 63 Sexual Offences Act 2003
Exposure Section 66 Sexual Offences Act 2003
Voyeurism Section 67 Sexual Offences Act 2003
Trafficking people for exploitation Section 4 Asylum and Immigration (Treatment of Claimants, etc) 2004
Causing or allowing the death of a child or vulnerable adult Section 5 Domestic Violence, Crime and Victims Act 2004