Schools and the SOR

Being on the Sex Offenders Register whilst also being a parent adds a series of additional challenges. One particular challenge can relate to your involvement in your child’s education.

The following information will hopefully provide you with some useful points to consider if you have children of school age and you or the child’s other parent is on the Sex Offenders Register.

Who is considered a “parent” in Scotland and what should they expect from a school

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First off, it’s important to understand who, in Scotland, is considered a parent in relation to a child’s education.

The definition of a “parent” in the Education (Scotland) Act 1980 is a broad definition and includes guardians, those who are liable to maintain or who have parental responsibilities, and persons who have care of the child or young person, such as another relative or foster parent.

Secondly, it’s important to understand what all parents should expect from their child’s school / education authority:

-            Pupils should be educated in accordance with the wishes of their parents (Section 28, Education (Scotland) Act 1980)

-            Parents should be provided with the information they need in order to choose appropriate schools for their children (Section 28L, Education (Scotland) Act 1980)

-            Parental involvement should be promoted (Scottish Schools (Section 1, Parental Involvement) Act 2006)

-            Education authorities must provide to parents, when asked, a copy of their “Strategy for Parental Involvement”.  The strategy should promote equal opportunities (Section 2, Parental Involvement) Act 2006). The strategy should also outline the expected approach in relation to parental involvement activities such as parents evenings and whole school events.

-            Every parent is a member of the ‘Parent Forum’. The Parent Forum are typically represented by a ‘Parent Council’. (Section 5, Parental Involvement) Act 2006)

-            Any parent is eligible to join the Parent Council (Section 7, Parental Involvement) Act 2006)

-            It is best practice for a school or education authority to allow Parents to be accompanied by a supporter or representative. In certain circumstances (for example where your child has additional support needs), this is a legal right.

-            Parents have a right to be provided with the educational records of their children. This often takes the form of school report cards. (Section 3, The Pupils' Educational Records (Scotland) Regulations 2003)

Parents have an overarching duty to ensure their children are provided with suitable education.

First steps if you are placed on the Sex Offenders Register

If you have been placed on the Sex Offenders Register due to the nature of your conviction, it makes sense to notify your child’s school if you haven’t already done that*.

Being proactive will give you the opportunity to provide the school with factual information as opposed to leaving them to read about your conviction in the press or hear about it on the grapevine.

You may want to consider asking your SOPU officer and/or your social worker to attend a meeting with the school with you.  Again, this will ensure that the headteacher is given the opportunity to hear directly from the professionals working with you and will hopefully ensure that they will have a clear understanding of any restrictions you have on you and your assessed level of risk.

A meeting would also provide opportunities to reach compromise. For example, and every much depending on your particular offence, you may suggest attending school events but not using any sort of electronic device whilst on the premises, another example could be offering to attend only when in the presence of another agreed adult (such as the child’s other parent or a grandparent), a final example could be to suggest attending after all other parents have left.

Finally, a meeting would provide opportunities for you to explain the impact of the situation on your child. When a child’s parent is imprisoned, it is acknowledged as an Adverse Childhood Experience. We would argue that having a parent convicted of a sexual offence, regardless of whether or not the parent is imprisoned, should be considered in the same way, given the trauma that occurs due to the mental health challenges, stigma, social isolation, media intrusion etc.  It should be a priority for all involved to ensure the child suffers no further trauma.

We have developed a webpage specifically for headteachers so you may want to direct them to that page or even provide them with a printed copy of the information.

It is important to remember that although stigma exists across the general public (and that includes headteachers) the vast majority of headteachers really do have the best interests of the children in their school at the heart of their decision making.  Unfortunately, headteachers are not currently provided with any training or support in relation to dealing with parents on the Sex Offenders Register so the onus is therefore on you to help them to understand the reality of the situation you and your child are facing.

It is worth noting that if you have a child below school age, they will have a designated Health Visitor and they should be in a position to provide your family with support and advocacy.

*In some circumstances, depending on the type of offence, the charge might trigger an Inter-Agency Referral Discussion and this means information will be shared with the school.  However, regardless of how the school become aware of the charge or conviction, it is important to aim for honest and open conversations, to foster as positive a relationship with the school as possible.

First steps if the school have banned you from school premises

If the school or education authority is considering banning you from attending school premises, you can expect to be provided with the following:

-            An opportunity to put forward your views before the ban is finalised

-            A copy of the policy they are using to justify their decision

-            An explanation as to why they feel the ban is both necessary and proportionate in your individual circumstances

-            An explanation of the way in which they have complied with the UNCRC and sought the views of your child when reaching their decision

-            An explanation as to whether or not they have sought advice for other partners such as Police Scotland or Criminal Justice Social Work.

-            A copy of both the Complaints Policy and the Complaints Procedure

-            An explanation as to the length of time the ban will last

-            An explanation as to the way in which they propose continuing to provide you with information regarding your child’s education if you are unable to access the premises

The importance of ongoing dialogue

Ultimately, an ongoing dialogue with the school will be in the best interests of your child as it will allow you to discuss with the school issues relating to your child’s wellbeing such as:

-            What strategies are being put in place to support your child’s recovery from any trauma they have suffered as a result of their parent’s involvement with the criminal justice system.

-            How the school can communicate with you should issues occur during the school day, such as bullying or social isolation.

-            How you can communicate with the school. For example, to notify them of media coverage, significant trial dates or anniversaries.

Finally, it is also important to remember that what the approach one headteacher might take will not necessarily be the same as the approach another headteacher might take.  It is therefore important to remember your rights in relation to moving a child’s school should you feel that is necessary to protect their wellbeing.

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