Findings 286 Assessing the extent of discretionary disclosure under the Multi-Agency Public Protection Arrangements

This study examined the use of discretionary disclosure in the community management of sex offenders. Discretionary disclosure enables the Police and Probation Services, and other agencies working within the Multi-Agency Public Protection Arrangements (the framework under which risks posed by dangerous offenders in the community are assessed and managed) to inform members of the public about a convicted child sexual offender, when there is an identified need for public protection.

A self-completion questionnaire circulated to all 43 police Areas yielded 40 returns (3 were unable to provide the required information within the time available). The primary reported reason for police or other agencies to undertake disclosure was child protection. A range of recipients of information was reported, the most common being staff working in schools.

Almost as commonly reported were an offender’s family, friends and partners, their employers and staff working in community services (e.g. leisure facilities). A range of information was reported to be disclosed, most commonly details of the offence of which an offender was convicted.

The primary outcome of discretionary disclosure was reported as enhancement of child protection through limitation of opportunities for an offender to access a potentially risky situation. A few Areas also reported that disclosure could add to intelligence-gathering through increased third party awareness of risk factors. However, disclosure to third parties also held the potential for a detrimental impact on those factors thought to be important in stabilising an offender and helping them avoid re-offending, such as the maintenance of stable housing, employment and relationships. In a few instances, following further disclosures made without police or other agency knowledge or consent, offenders had been subject to public order offences.

This study recommends ways in which the practice of discretionary disclosure could be improved, including building on national guidance and standardising recording procedures.