Understanding Sarah’s Law

Sarah’s Law explained …

Sarah’s Law, also known as the Child Sex Offender Disclosure Scheme (CSODS), was implemented by the police force in England and Wales in April 2011.

Sarah Payne, who was only an 8-year-old girl, was abducted and murdered by a convicted paedophile, Roy Whiting in a high-profile case in July 2000.

Sarah’s Law came into existence as a result of what happened to Sarah, to protect innocent children from harm, and from known sex offenders.

The scheme was implemented by the police force in England and Wales on 4^th April 2011. In the first year alone, Sarah’s Law protected more than 200 children against known sex offenders.

What is Sarah’s Law?

Sarah’s Law enables an individual to ask the police to check if a person, who has contact with a child, poses a risk to that child.

This scheme allows anyone who has concerns regarding an individual’s contact with their child, to make enquiries with their local police force for the purposes of safeguarding a child from the risk of harm.

If the police check confirms that the person in question has a conviction(s) for sexual offences against children or, they pose a potential risk of causing harm, then the police can choose to disclose this information to the parent, carer, or guardian of that child.

These enquiries have the added benefit of alerting the police to the fact that someone who should not be having contact with children, is doing so, and this can bring into effect other mechanism to monitor and mitigate any potential future harm.

What information will the police provide under Sarah’s Law?

If the individual being checked has a record of sexual offences, child sexual (paedophile) offences or other offences that indicate they may be a risk to a child, this information may then be shared.

The scheme will include routes for managed access to information regarding individuals who are not convicted for child sexual offences but who pose a risk of harm to children. This may include the following: Persons who are convicted of other offence, for example, serious domestic violence.

It is essential to note that information is not guaranteed to be given, and if you are provided with any information, this must be kept confidential.

The police will only share information with the child’s primary carer if it is lawful, necessary and proportionate to do so for the child’s protection.

Anyone who is worried about someone’s behaviour towards a child can apply, not just a child’s parents. This includes people like a grandparent, neighbour of friend. Information will only be released to the person considered to be primarily responsible for the child’s welfare. Such as a parent, carer or guardian.

Why do we need Sarah’s Law?

Within the first year of Sarah’s Law being introduced in England and Wales, more than 200 children were protected from potential harm, by over 1600 enquiries and over 900 formal applications being submitted.

According to the National Society for the Prevention of Cruelty to Children (NSPCC), almost 87,000 sexual offences against children were recorded by police in 2022/23 and are now at record levels.

1 in 20 children in the UK have been sexually abused and one third of all police recorded sexual offences, are against children.

The data shows that the majority of children who experience sexual abuse (rape, assault by penetration including attempts) were abused by someone they know, and the abuse is most likely to have occurred in someone else’s home or their own.

How do I make a request under Clare’s Law?

If there is an immediate danger, please call 999.

To make a request, you can call 101, visit your local police station or submit an online application form.

It may be helpful to know that the subject will not be told that they are being checked out unless a disclosure takes place.

What happens when you apply?

Upon requesting the information, you will be required to provide proof of your relationship to the particular child / children and explain how the individual you are looking into has access or contact with them.

Once you submit the application, this will also alert the police to the fact that a potential child sex offender may be having contact with children without their knowledge. This will allow the police to monitor this person and mitigate any potential future harm.

Clare’s Law

Sarah’s Law has recently been aligned with the Domestic Violence Disclosure Scheme (DVDS) (also known as Clare’s Law) allowing for more effective and efficient information sharing between both schemes. Both updates collectively enhance child protection measures.

For more information see our blog “Understanding Clare’s Law”.

How is this relevant in care proceedings?

You may find yourself subject to care proceedings for various reasons.

In some care cases, the Local Authority may be concerned with the individuals you allow around your child / children or may be concerned with your ex or current partner. One way to alleviate these concerns would be to submit an application to safeguard your child / children from any potential risks.

If you are subject to Public Law Outline (PLO) or pre-proceedings, as it is commonly referred to, it may be included in your schedule of expectations that you seek this information.

Next Steps

Being able to safeguard your child is extremely important, and engaging with this process could save your child’s life. If you are ever uncertain of someone’s background or have reason to believe an individual may put them at risk, you should contact your police station immediately.

If you are concerned in any children proceedings and need legal advice or support, then contact our specialist Child Care team at info@biscoes-law.co.uk or 0800 413 463.