9. Disclosure
Public protection concerns are at the forefront of our work in managing convicted offenders who may present a risk to others. The risk management of offenders subject to MAPPA includes a requirement on the responsible authorities and relevant duty to co-operate agencies to consider the use of 'formal disclosure' as a means of managing the risk a given individual presents at every MAPPA / MAPPP meeting. If a decision is made to formally disclose information relating to a Registered Sex Offender's status or their personal details, then a letter of disclosure will be drafted on behalf of the Chief Constable of the relevant Police Force. That formal disclosure decisions are authorised by the Chief Constables in Strathclyde Police or Dumfries and Galloway Constabulary illustrates the importance that the decision to disclose is given.
The police serve this letter to the recipient to whom the disclosure is to be made. The extent of disclosure is limited to the information necessary to minimise the risk that an offender presents. Although no further information beyond that delineated in the letter should be disclosed, advice and guidance on how the individual should respond to the information in order to protect themselves or others is provided. This procedure will only be advanced as a last resort and will be completed in consultation with partner agencies. Any decision to make a formal disclosure request via the Police is linked to the highest levels of risk and an agreed risk management plan. Disclosing information about an offender to a third party follows general principles on information sharing and meets stringent criteria:
- The offender presents a risk of serious harm to the person or those for whom the recipient of the information has responsibility.
- There is no other, practicable and less intrusive means of protecting the individual(s) and failure to disclose would put them in danger.
- The risk to the offender should be considered although it should not outweigh the potential risk to others were disclosure not to be made.
- That disclosure is made to the right person who understands the confidential and sensitive nature of the information provided.
- Whoever is provided with the information knows what to do with it and they are provided with a point of contact for further advice and guidance.
Within South West Scotland CJA there has been one formal disclosure in 2008 / 09, but there have been several disclosures which have been made with the offender's permission; these are referred to as informal or discretionary disclosures. In addition, an offender might be encouraged to self - disclose, for example, to an employer or to the partner of a new relationship, or to their GP. Self disclosures are always confirmed and corroborated by the responsible authorities. Beyond formal, informal and self - disclosure, some agencies have specific statutory powers to disclose (for example under child protection protocols), where it is considered expedient to do so, to protect known individuals from harm.
Mr A:
A few years ago, Mr A was convicted of Lewd and Libidinous Practices and was placed on a probation order of two years duration. He was later convicted of further sexual offences and placed on a further probation order. As his Order neared completion, his status as a registered sex offender would necessarily expire and as such, he would exit MAPPA. However, Mr A was assessed by the responsible authorities as posing a 'very high risk of causing serious harm' and this risk would increase in the absence of any statutory capacity to monitor or restrict his activities. The Responsible Authorities necessarily applied for a SOPO, which would place a requirement on Mr A to register, and thus facilitates the continuing multi-agency risk management of the risks Mr A posed, under MAPPA. Following the imposition of the SOPO and the subsequent risk management plan that was implemented, and which is subject to continuous review, it was assessed that the risk posed by Mr A was now reduced, and he was classified as posing a 'high risk of causing serious harm'.
Following a period of time, Mr A sought and obtained employment. The responsible authorities were concerned, following further investigation and information sharing, that by virtue of the nature of his pending employment, Mr A would come into contact with vulnerable adults, who it was assessed might be at risk of harm from Mr A. He was instructed by his monitoring officer in the relevant police force to make a self disclosure to his employer, which would subsequently be confirmed and corroborated with the employer, by the police force. The police force would then monitor his participation and work alongside the employer to ensure the deliver of a robust victim safety plan which would be implemented, monitored and reviewed.
Mr A failed to make the self disclosure as agreed and as such the responsible authorities decided that they would submit a request to the Deputy Chief Constable for a Formal Disclosure. The Deputy Chief Constable agreed that there were sufficient ground to make a formal disclosure to the employer, in particular highlighting the conditions from the SOPO which makes reference to "not undertaking any activities, paid, voluntary, recreational or social involving any person under the age of 16 or deemed to be a vulnerable adult". The Formal Disclosure was made to the employers. The decision was taken by the employer was such that as vulnerable adults do engage with the service, the situation was unmanageable and Mr A's position could not be sustained.