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Probation

Circular

RECORDING INFORMATION ON REFERENCE NO:


INDIVIDUALS WHO PRESENT A 87/2005

RISK TO CHILDREN ISSUE DATE:


23 November 2005
PURPOSE
This Circular provides guidance on how to record information about whether an IMPLEMENTATION DATE:
individual offender presents a ‘Risk to Children’. It should be read in
Immediate
conjunction with PC 32/2005 which advised staff that the term ‘Risk to
Children’ should be used to denote offenders who are assessed in this way,
EXPIRY DATE:
rather than the label ‘Schedule 1’.
November 2010
ACTION
TO:
Chief Officers are asked to ensure this Circular is drawn to the attention of all
relevant staff, including those with current responsibility for maintaining written Chairs of Probation Boards
and electronic registers of Schedule 1 Offenders, who should note its contents Chief Officers of Probation
and implement the action points. Secretaries of Probation Boards

SUMMARY CC:
Since PC 32/2005 was issued, social services departments have been advised Board Treasurers
of the changes in procedures for using the term ‘Risk to Children’, rather than Regional Managers
‘Schedule 1’, to denote offenders who are assessed as posing a risk to
children. To support this change, Areas should no longer retain electronic or AUTHORISED BY:
written registers of Schedule 1 Offenders. Cases currently on such lists should John Scott, Head of Public
be assessed to whether the offender presents a risk to children and flagged Protection and Licensed Release
accordingly. Unit

RELEVANT PREVIOUS PROBATION CIRCULARS ATTACHED:


PC32/2005 Identification of Individuals Who Present a Risk to Children – N/A
Interim Guidance
PC10/2005 Public Protection Framework, Risk of Harm an MAPPA
Thresholds
PC54/2004 The MAPPA Guidance

CONTACT FOR ENQUIRIES


Laura McCaughan 020 7217 0639
laura.mccaughan@homeoffice.gsi.gov.uk

Hilary Collyer 020 7217 8565


hilary.collyer@homeoffice.gsi.gov.uk

National Probation Directorate


Horseferry House, Dean Ryle Street, London, SW1P 2AW
Background

1. Following review at a national multi-agency working group, staff were advised in PC 32/2005 that the term
Schedule 1 offender should be replaced with the term Risk to Children. This term should be applied following an
assessment of the risk presented by an individual offender.

2. The Department for Education and Skills (DfES) have advised social services departments of the changes in
terminology. Prison and probation staff will continue to notify social services in the usual way about
individuals who present a Risk to Children. However, this will follow an assessment of the risks presented by
the individual, including information about previous offences against children, rather than the automatic trigger
due to convictions for offences in Schedule 1.

Action points on recording in cases where offender assessed as Risk to Children

3. This Circular is to advise staff of the following action points in relation to recording information about offenders
who present a Risk to Children.

a) Current cases labelled Schedule 1 should be assessed as to whether the offender presents a Risk to
Children. Any such cases should be flagged Risk to Children.

b) Areas should no longer keep an electronic or written register of ‘Schedule 1’ offenders who are either
current or closed cases. They should take steps to remove offenders’ names from any such registers
(paper or electronic) and make the registers inactive. In the case of nationally supported case
management systems, processes have been put in place to enable areas to undertake this task. For
further information in relation to CRAMS, areas should contact Annette McGranaghan (020 7217 8070
annette.mcgranaghan2@homeoffice.gsi.gov.uk), for Delius and ICMS, they should contact Ken Ades
(020 7217 8193 ken.ades2@homeoffice.gsi.gov.uk).

c) Areas are reminded of the requirement to keep records up to date in line with the NPS Data Protection
Policy. Therefore, closed cases that were previously only retained because of their Schedule 1 status
may now be removed.

d) Records on offenders assessed as Risk to Children should be retained for the same period as records
on all other cases. It follows from this that Areas should retain Risk to Children cases in accordance
with their retention of high risk of harm cases where children in the offender’s care are on the child
protection register at the point of case closure. Lifers are also an exception, as records are kept for 99
years. Areas are advised to refer to Chapter 5, Paragraph 5.5 of the national NPS Data Protection Policy
which outlines suggested retention periods. For local guidance, they should contact their local data
protection officer or equivalent person.

4. Areas may wish to be aware that NOMIS will routinely retain data on standard cases for 10 years. Life-sentence
and high risk of harm cases will be retained for 99 years. Guidance on NOMIS data retention will follow in due
course with roll out of the project.

Assessing Risk to Children - OASys

5. Changes will be made to e-OASys in 2006 to allow for changes in terminology and recording information about
Risk to Children. However, the assessment of whether an offender presents a Risk to Children should be
conducted in the usual way using the current version of OASys.

PC87/2005 – Recording Information on Individuals who present a Risk to Children 2