JISCMail - DATA-PROTECTION Archives

Subject: Re: [data-protection] Child sex offender disclosure scheme (request to disclose)? Have you had one of these?

Jonathan and Phil,

Thanks for the quick responses. I am not sure I agree there are some serious holes in the legislation given what is being requested. First, s.29(3) cannot apply as there is no crime alleged. This is a background check.

Second, s327 has to be modified by s.325. These sections are for setting up MAPPA arrangements for managing offenders. At this stage, we do not know if the person is an offender. If they were an offender, being managed, then we would not be having to request information because it would already be known about the offender being managed. You would not need their social services information to know this.

In other words, the request is not under the MAPPA or MARAC arrangements for managing an offender.

Third, the 327 are discussing information relating to convictions it does not mention information sharing for background checks. In this regard, s.325 becomes a better fit.

However, s.325 is about managing the risk of a known sexual offender. The Sarah's law disclosure is not about their risk as such but rather if they are a known sexual offender. This is why the reference is to the PNC, VISOR and local information systems. As such, it does not mention MAPPA or MARAC.

Fourth, even assuming that the above is wrong. Why do we need to know anything about the applicant? The system for determining their bona fides (avoiding a malicious request) has nothing (that I can see) to do with their social services records.

Here is the scenario. Ms. XYZZZZZZ goes to Police A. She asks if Mr. 12456 is a sexual offender. According to s.327A (1) "The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public."

I am not sure how this affects the social welfare information. Mr 12456 may have been involved with social services in the past, for example an ex partner may have been unable to care for their children after a divorce. How does this information, as such, relate to s.327 or information relating to 325 which is to risk assess the person? All that tells us is that they were involved with social services.

The focus for the disclosure (as allowed under s.327 ) is on previous sexual offences, as defined by the Act. It is not on disclosing or assessing their social welfare information.

Finally, and most importantly, the legislation makes *no reference at all* to the applicant. I cannot see any reason in the legislation why the information relating to the applicant Ms XYZZZZZZ is required. As such, this would be improper processing.

If child safety issues emerge, this is secondary to the initial application. I would think that people who are concerned will be double concerned that all of their information is being processed simply because they made an application.

If a woman is in a difficult situation, has a history of child protection work, and now settles down with a new partner. She writes to check on the new partner, then all of her information is shared and assessed just to tell her if her partner has or does not have a previous sexual offence?

I do not see how the latter has any bearing on the former. This seems like excessive processing because the person does not know what they are sharing and why. I still do not know how someone’s social services information will have any bearing on whether their prospective partner has a previous sexual offence.

Best,

Lawrence

-----Original Message-----
From: Baines, Jonathan [mailto:[log in to unmask]]
Sent: 17 September 2012 12:32
To: Lawrence Serewicz; [log in to unmask]
Subject: RE: [data-protection] Child sex offender disclosure scheme (request to disclose)? Have you had one of these?

Hi Lawrence

1. Yes, probably

2. On a very quick analysis s327A of the Criminal Justice Act 2003 probably provides the Sch3(7) condition 3. Ditto

Got to rush now, but have you seen the HO Guidance? http://www.homeoffice.gov.uk/publications/crime/disclosure-scheme-guidance/

Jonathan

Jonathan Baines

Legal and Democratic Services

Buckinghamshire County Council

01296 383681

-----Original Message-----

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz

Sent: Monday 17 September 2012 12:09

To: [log in to unmask]

Subject: [data-protection] Child sex offender disclosure scheme (request to disclose)? Have you had one of these?

Dear All,

I am not familiar with the details of this scheme, which is why I am asking the list for some advice. We have just received a request under this scheme to provide some information to a police force. This is not a s29(3) request.

This is the first time I have seen such a request or even heard of one. Is this part of the scheme?

My understanding was that all of the information and the questions were handled within the police force and their access to the PNC rather than a wider trawl for information. Is this correct?

As it stands, we are being asked to provide any relevant social services information on the subject of the request AND the applicant. (I am still not sure why or how a request for the applicant's social services information is justified).

My questions to the list are these:

1. Is this a legitimate part of the CSOD scheme?

2. Is there any exemption that would cover disclosing information in this way? I cannot see (at this stage) how the schedule 3 conditions are met.

3. Is there legislation that covers this sharing? I am not familiar with any as this appears to fall outside of the MAPPA arrangements or the usual crime and disorder work across an area. http://www.lbhf.gov.uk/Images/MAPPA%20Guidance%20(2009)%20Version%203%200%20_tcm21-120559.pdf

If anyone is familiar with this scheme and whether this request is legitimate, I would be grateful for any advice and guidance on or off the list.

Thanks

Lawrence

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