Understanding Sarah’s Law
What is Sarah’s Law?
Sarah’s Law was implemented by the police force in England and Wales in April 2011. It is also known as the Child Sex Offender Disclosure Scheme (CSODS) and was put in place following the tragic death of Sarah Payne, aged 8, who was abducted and murdered by convicted paedophile, Roy Whiting, in July 2000.
The purpose of Sarah’s Law is to protect children from such horrific attacks, by allowing parents, carers or guardians to formally request information from the police about a person who they believe may be a risk to a child.
What information will the police provide under Sarah’s Law?
It is important to know that you are not guaranteed to receive disclosure from the police. 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.
If the individual being checked has a record of sexual offences, or other offences that indicate they may be a risk to a child, this information will then be shared.
What happens when you submit an application?
Upon requesting the information, you will be required to provide proof of your relationship to the particular child (or children) and explain how the individual you are looking into has access or contact with them.
It is worth noting that anyone who is worried about someone’s behaviour towards a child can apply under Sarah’s Law, not just a child’s parents or guardians. This includes people like a grandparent, neighbour or friend. However, the police will pass the information on to the person best placed to protect the child – which is most commonly a parent or guardian.
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.
Why is Sarah’s Law necessary?
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.
How do I make a request under Sarah’s Law?
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.
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 efficient information sharing between the two schemes. Both updates collectively enhance child protection measures.
How is this relevant in family proceedings?
You may find yourself subject to family proceedings for various reasons.
In some care cases, the Local Authority may be concerned with the individuals you allow around your child/ren 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 from any potential risks.
If you are subject to pre-proceedings, 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 local police station immediately.
If you are in the midst of any family or children proceedings and need legal advice or support, then contact our specialist family law team in Plymouth by calling 01752 203500 or email enquiries@GAsolicitors.com.
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