1.1 Schedule 1 offenders are persons convicted of an offence listed in the first schedule of the Children and Young Persons Act 1933. This is a list of serious offences that includes murder, manslaughter, assault, cruelty and a range of sexual offences. They should not be confused with Schedule 1 offenders under the Sex Offenders Act 1997 details of which can be found in the section on the 'Legal Framework'.

1.2 Schedule 1 offences are not considered as spent under the terms of The Rehabilitation of Offenders Act 1974. They can, therefore, be revealed in the process of a child protection investigation to a child protection conference considering the risks to a child or in any legal proceedings that may be initiated as a consequence of an investigation. Certain rules of confidentiality, however, must be observed.

1.3 The Prison notifies Local Authority Social Service districts when a Schedule 1 offender is released or becomes eligible for parole. (Home Office Circular 54/1994 'Instructions to Governors').

1.4 Local Authority Social Service districts then have a duty under the requirements of Home Office Circular 54/1994 to identify:

• Any risk to children who either may be residing at the address to which the offender is being released or will have regular unsupervised contact with the offender where the offender would be acting in a caring capacity

• What action is necessary to remove any risk or reduce any risk to an acceptable level

• Whether it is possible to take such action and the effect it will have on the children

1.5 When making these enquiries, the investigating officers should exercise discretion in revealing the offender's convictions.

1.6 When a child is found to be living in a household which includes, or is frequently visited by, a person who is known to have inflicted abuse on another child, or who has a record of offences of violence such as to cause concern for the child's safety, the person identifying the risk should discuss their concerns with a senior colleague.

1.7 A referral should be made to the Social Services office responsible for the area in which the child lives.

1.8 In balancing adequate protection for the child and fairness to an adult, the interests of an adult may have to be placed second to the needs of the child. (Reference R -v- Devon County Council ex parte L).

1.9 The senior practitioner should instigate checks with the Police Child Protection Team and the Probation Service to obtain information about the background of the allegation. If possible relevant witness statements should be reviewed. The offender should be informed of any concerns caused by their offending history and encouraged to disclose and discuss this history with the parents/carers of any children with whom they are having significant contact. (Reference R -v- Devon County Council ex parte L).

1.10 If the offender refuses to disclose his or her offending history Social Services has a duty and responsibility to safeguard and promote the welfare of any child with which the offender is having significant contact. This may include discussing the offences with the parents / carers of the child concerned, despite the refusal of the offender to disclose.

1.11 Where it is considered such a risk exists, the child's carer must be given the information in order to protect the child from harm.

1.12 Any concerns regarding children must be the subject of a child protection conference and consideration should be given to registration, a child protection plan and possible legal action.

1.13 The Social Services Directorate retains a register of those Schedule 1 offenders of whom it is notified under the requirements of Home Office Circular 54 / 1994 'Instructions to Governors'. Information from this register may be made available by contacting the Child Protection Manager. Release of information, however, will be determined by whether or not the requirements of Home Office Circular 54 / 1994 'Instructions to Governors' are met. It must also be noted that information contained on this register is not conclusive. Not all Schedule 1 offenders will be included.

1.14 Any offender convicted of an offence akin to Schedule 1 Children and Young Persons Act 1933 but made under Scottish law is not considered a Schedule 1 offender in England under the CYPA 1933. Nevertheless, consideration must be given to children's safety.

1.15 Schedule 1 CYPA 1933 offences are:

• Murder or manslaughter of a child or young person (i.e. a person under 18 years of age). This includes aiding, abetting, counselling or procuring the suicide of a child or young person

• Infanticide and child destruction

• Any offence under Section 5 (murder or manslaughter abroad) or Section 27 (exposing a child whereby life is endangered or health permanently injured) of the Offences Against the Person Act 1861

• Common assault or battery against a child

• Offences under the following sections of the Children and Young Persons Act 1933:

  • Section 1 - Cruelty to persons under 16

  • Section 3 - Allowing persons under 16 to be in brothels

  • Section 4 - Causing or allowing persons under 16 to be used for begging

  • Section 11 - Exposing children under 7 to risk of burning

  • Section 23 - Prohibition against persons under 16 taking part in performances endangering life or limb

 

• Any of the offences under the following sections of the Sexual Offences Act 1956, when committed against a child or young person or any attempt to commit such an offence against a child or young person;

• Section 1 - Rape of a girl under 18

• Section 2 - Procurement of a girl under 18 by threats

• Section 3 - Procurement of a girl under 18 by false pretences

• Section 4 - Administering drugs to a girl under 18 to obtain or facilitate intercourse

• Section 5 - Intercourse with a girl under 13

• Section 6 - Intercourse with a girl between 13 and 16

• Section 7 - Intercourse with a mentally deficient girl under 18

• Section 10 - Incest by a male against a female where the victim is under 18

• Section 11 - Incest by a woman where the victim is under 18

• Section 12 - Buggery with a person under 16

• Section 13 - Indecency between men where one or both are under 16

• Section 14 - Indecent assault on a girl under 18

• Section 15 - Indecent assault on a male under 18

• Section 16 - Assault with intent to commit buggery

• Section 19 - Abduction of an unmarried girl under 18 from parent or guardian

• Section 20 - Abduction of an unmarried girl under 16 from parent or guardian

• Section 22 - Causing prostitution of a girl under 18

• Section 23 - Procuration of a girl under 18

• Section 24 - Detention of a girl under 18 in a brothel or other premises

• Section 25 - Permitting a girl under 13 to use premises for intercourse

• Section 26 - Permitting a girl between 13 and 16 to use premises for intercourse

• Section 28 - Causing or encouraging prostitution of, intercourse with, or indecent assault on a girl under 16.

• Offences under section 1 (indecent conduct towards a child under 14) of the Indecency with Children Act 1960.

• Any other offence involving bodily injury to a person under 18.