SOR info for Headteachers

The Sex Offenders Register is a much feared and yet little understood part of the criminal justice system in Scotland.  The aim of this page is to attempt to demystify the Sex Offenders Register to enable you, as headteachers, to make decision that are grounded in fact and ensure the needs of the children in your school are at the forefront of your decisions.

What is the Sex Offenders Register and who is on it?

When people talk about “being on the Sex Offenders Register”, what they really mean is that they are subject to notification requirements under the Sexual Offences Act 2003, which is a piece of UK wide legislation. 

Put simply, this means that they are required to provide some very specific information to the police (their name, address, passport details etc) keep that information up to date annually and notify them if that information changes.  This information feeds into a UK wide database called Violent and Sex Offender Register (ViSOR).

It is important to understand that being placed on the Sex Offenders Register is not a discretionary decision that the Sheriff can make. It is not intended to be a part of their punishment in the same way that a prison or community sentence is. If the offence falls within the definition of offences outlined in the Sexual Offences Act 2003 (the list is available in Schedule 3 of the Act), the person will automatically become subject to notification requires upon either pleading or being found guilty. 

How long someone remains on the Sex Offenders Register is also not open to the sheriff’s discretion. The length of time is prescribed in the legislation based on the sentence the person receives.

It is important to understand the prescriptive nature of the Sex Offenders Register so that you can be clear in your mind that more information is needed to understand an individual’s potential level of risk than simply knowing that they are on the register.

How will I find out if someone is on the Sex Offenders Register?

There is no requirement for a parent who is on the Sex Offenders Register to inform their child’s school. Neither is there a requirement for the police of social work to disclose the information to the child’s school. The vast majority of people who are on the Sex Offenders Register will have no restrictions that prevent them from attending their child’s school.  In some circumstances, depending on the offence type, an Inter-Agency Referral Discussion may be triggered. The most likely scenario is that a headteacher will become aware of the offence through media coverage of the trial.  

Acting on information gathered through the media is an inherently risky practice given the widespread inaccuracy of press reporting.

Sexual offence facts

·        In 24/25, sexual crimes were at the second highest level seen since 1971.

·        In June 24, 4,965 people were on the Sex Offenders Register in Scotland.

·        Of the 4,965 on the Sex Offenders Register, 4896 were being managed at MAPPA Level 1 (the lowest level of risk), 86 were being managed at MAPPA Level 2), 1 was being managed at MAPPA Level 3 (the highest level of risk).

·        People on the Sex Offenders Register are assigned a risk level which dictates who they are managed within the community:

o   MAPPA Level 1 – routine risk management

o   MAPPA Level 2 – Multi-Agency Risk Management

o   MAPPA Level 3 – Multi Agency Public Protection Panels

·        When assessing an individual’s risk level, the following categories are used:

o   Very high

o   High

o   Medium

o   Low

·        People who are currently imprisoned are not on the Sex Offenders Register. It is specifically for managing people in the community.

·        The offences that lead to people being on the Sex Offenders Register are very broad ranging.

·        Reconviction rates for sexual offences are consistently the lowest of all crime types.

Important considerations

Stigma

·        People on the Sex Offenders Register face significant stigma. This stigma comes from all elements of society and they are likely to also be battling with internalised stigma.  Even you will hold views about people on the Sex Offenders Register.

·        It is why it is so essential that any decisions made are based on facts and that can be clearly justified as being necessary and proportionate, as opposed to, for example, a reaction to community outcry.

Risk

·        People on the Sex Offenders Register will have been subject to a series of specialist risk assessments, guided by the Framework for Risk Assessment, Management and Evaluation (FRAME). 

·        People on the Sex Offenders Register will have a designated officer from the Sex Offender Policing Unit. They may also have a designated social worker, depending on the sentence they received.

·        People on the Sex Offenders Register can sometimes have other restrictions on their movements and their activity that form a wider part of their sentence.  Speaking to their designated SOPU officer (with the person’s permission) will ensure you have the facts about any restrictions the individual has placed on them.

·        It is easy to fall into the trap of assuming that because someone has committed one offence, they are therefore at risk of committing another.  However, the reoffending rate for sexual offences is consistently the lowest of all offence types.

·        Any assessment of risk must take into account the individual offence. For example, a study in 2011 suggested that the only 2% of men convicted of an internet offence go on to commit a contact offence.

·        Any assessment of risk must also take into account the circumstances of the individual.  For example, an individual convicted at age 53 of a historic offence from when they themselves were 17, is likely to be considered a very different level of risk than the level of risk posed by someone whose offence took place in the last 12 months. Another consideration might be the circumstances surrounding any offending behaviour. For example, someone still in addiction is likely to pose a very different level of risk than someone who has been in recovery for many years.

·        If an individual has no restrictions placed upon them after the comprehensive risk assessments carried out throughout the court process and by MAPPA officers, there is no legal obligation for a headteacher to prevent a parent from full involvement in their child’s education.

The Wellbeing of the Child

·        Imprisonment of a parent is understood to be an Adverse Childhood Experience. The impact of ACEs are widely acknowledged.  We would argue that the having a parent convicted of a sexual offence should also be considered with the same severity.  The child of a parent convicted of a sexual offence is likely to have experienced trauma as a result of their families interactions with the criminal justice system; they are likely to have experienced media exposure both from the mainstream media and on social media; it is likely that they will have experienced some bullying and social isolation; depending on their circumstances, they may have had to move their home or town or even change their name.  Part of the school’s role is to create a safe environment in which the child can be supported to heal from the trauma they have experienced.

UNCRC

·        The UN Convention on the Rights of the Child (Incorporate) (Scotland) Act 2024 came into effect in July 2024.  This means that public authorities in Scotland are not able to act in a way that violates any of these 54 rights.  Most notably for this topic:

o   Article 2 (non-discrimination) The Convention applies to every child without discrimination, whatever their ethnicity, sex, religion, language, abilities or any other status, whatever they think or say, whatever their family background.

o   Article 3 (best interests of the child) The best interests of the child must be a top priority in all decisions and actions that affect children.

o   article 5 (parental guidance and a child’s evolving capacities) Governments must respect the rights and responsibilities of parents and carers to provide guidance and direction to their child as they grow up, so that they fully enjoy their rights. This must be done in a way that recognises the child’s increasing capacity to make their own choices.

o   Article 9 (separation from parents) Children must not be separated from their parents against their will unless it is in their best interests (for example, if a parent is hurting or neglecting a child). Children whose parents have separated have the right to stay in contact with both parents, unless this could cause them harm.

o   Article 12 (respect for the views of the child) Every child has the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. This right applies at all times, for example during immigration proceedings, housing decisions or the child’s day-to-day home life.

o   Article 16 (right to privacy) Every child has the right to privacy. The law should protect the child’s private, family and home life, including protecting children from unlawful attacks that harm their reputation.

o   Article 18 (parental responsibilities and state assistance) Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by creating support services for children and giving parents the help they need to raise their children.

o   Article 28 (right to education) Every child has the right to an education. Primary education must be free and different forms of secondary education must be available to every child. Discipline in schools must respect children’s dignity and their rights. Richer countries must help poorer countries achieve this.

o   Article 29 (goals of education) Education must develop every child’s personality, talents and abilities to the full. It must encourage the child’s respect for human rights, as well as respect for their parents, their own and other cultures, and the environment.

Blanket bans

If a parent of your school is on the Sex Offenders Register, it will likely feel very stressful and you will have the needs of lots of people in the school community to consider. It might feel safest to ban the parent in question from coming to school. However, this might not be in the best interests of their child and it may well be a disproportionate reaction.

·        Blanket policies risk being contrary to human rights law.  A grounding principle of human rights law is that every decision taken should be necessary, proportionate and legitimate in aim. 

·        To be proportionate, an individual’s circumstances need to be taken into account.  

·        To ensure an individual’s circumstance are taken into account, parents should be given the opportunity to put forward their views on the situation.  Other individuals can also be invited to meetings such as social workers or police officers who understand the details of the individual’s offence. 

Safeguarding

·        Given that there is no legal requirement for parents to disclose that they are on the Sex Offenders Register, or have a conviction for any other offence for that matter, it is perfectly reasonable to assume that there could well be people attending the school who have convictions the school is unaware of.  Robust, universal safeguarding procedures are therefore essential.

·        All schools have robust safeguarding procedures in place to protect all children.  Where an individual has no restrictions on them in relation to attending their child’s school, the safeguarding approaches already in place at the school should be sufficient in keeping all children safe.  If a headteacher feels that is not the case then it could well mean that the wider safeguarding procedures require strengthening.

Potential adjustments

As a headteacher you will know and understand the importance of maintaining good relationships with all parents. A family with a member on the Sex Offenders Register are highly vulnerable and, by working closely with them, you are fulfilling your responsibilities to social justice and meeting learners’ needs,

·        It is important to remember that all parents have the same rights and responsibilities, regardless of whether they are on the Sex Offenders Register of not. It is essential therefore that if adjustments need to be made, the person is still provided with opportunities to:

o   Express their wishes as to their child’s education

o   Access information about their child’s educational record

o   Be an equal member of the Parent Forum

o   Have their involvement in their child’s education promoted

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·        It may be possible to identify adjustments that take into account any potential risk identified and that both the school and the parents are happy with.  Some people are happy to agree to adjustments especially when the adjustment will protect them from rumour or allegation. For example, and depending on the individual circumstances:

o   A parent may be open to attending parents evening before or after all other parents.

o   A parent may be happy to agree to not use electronic devices on the premises.

o   A parent may be happy to be accompanied by another adult when on the school premises.

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·        It is essential though, that any adjustments suggested are both necessary and proportionate.

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