Understanding Sarah’s Law and Safeguarding Children
As parents and guardians, protecting our children is our most fundamental responsibility. However, knowing who poses a potential threat to our children isn't always straightforward. This is where Sarah's Law becomes an invaluable tool for families across England, Scotland and Wales, providing a legal pathway for concerned parents to access crucial information about individuals who have contact with their children.
At RJS Family Law, we understand the complexities families face when it comes to safeguarding issues, and we're here to guide you through understanding your rights and options under this important legislation.
What is Sarah’s Law?
Sarah's Law, formally known as 'The Child Sex Offender Disclosure Scheme', allows parents, carers, and guardians to request information from police about individuals who have access to children under 18. The scheme is based on a simple idea: when parents have the right information, they’re better able to keep their children safe.
If a request is made, the police will carefully check the person’s background. If they find anything concerning, they may share that information – but only if it’s legal, necessary, and the right thing to do to protect a child. Any information shared is done confidentially and with the child’s safety as the top priority.
The scheme also recognises that children are most at risk when they regularly spend time with people whose past is unknown to their parents or carers.
What Counts as Contact with a Child?
"Contact" covers lots of different situations where someone might have enough access to your child to be a concern. This includes:
● Living in the same house as your child
● Working in your home (like cleaners, builders, or babysitters)
● Talking to your child regularly on the phone or through social media
● Having opportunities to meet your child alone through shared areas like communal gardens, or through friendships with your family
The key thing is whether this person has enough access to your child that they could potentially cause harm. It's not just about how often they see your child, but also about whether they could be alone with them or build a relationship with them.
These days, online contact is just as important to consider as face-to-face meetings. If someone is regularly messaging your child or talking to them through gaming platforms or social media, that counts as contact too.
How Can I Make an Application Under Sarah’s Law?
Making an application is straightforward. You can either visit your local police station or call 101 (the non-emergency police number). The police aim to start looking into things within 24 hours of you making your request.
When you apply, be ready to give specific details about who you're concerned about and why. The more information you can provide, the better the police can assess the situation. You'll also need to explain your relationship to the child.
What Happens after I Make an Application?
Once you've made your application, the police follow a clear process:
● First 24 hours: The police make some initial checks and if they think a child is in immediate danger, they'll take action right away to keep them safe.
● Step 1 - Initial Decision: The police decide whether your request actually falls under Sarah's Law or not.
● Step 2 - Getting Back to You: They'll get in touch to explain their decision about whether they can help with your request.
● Step 3 - In-Depth Interview: If they decide to progress your application, they'll carry out a more detailed interview within 10 days. This is when you'll need to prove who you are and show evidence of your relationship to the child. You'll also have the chance to give more details about your concerns.
● Step 4 - Detailed Investigation: The police carry out thorough checks and do a full assessment of all the information they have about the person you're concerned about.
● Step 5 - Final Decision: They decide whether there is any information to share with you or anyone else who needs to know to keep the child safe.
How Long Does the Application Take?
The whole process can take up to 28 days, but many cases are sorted out much faster than this.
If the police think your child is in immediate danger, they won't wait around. They'll take action straight away to keep your child safe, even if they haven't finished all their checks yet.
The 28-day timeframe gives police enough time to do thorough background checks and speak to other agencies if needed. They also need time to carefully decide whether sharing information is the right thing to do - they have to balance protecting your child with respecting other people's rights to privacy.
Will the Individual be Told about My Application?
The person being checked will not usually know they are being looked into. However, if the police decide to share information, they might let that person know that a disclosure is going to be made about them.
Why was Sarah’s Law Introduced?
Sarah's Law was developed by the Home Office in partnership with Sarah Payne’s mother to help safeguard children from known sex offenders.
Sarah Payne was just eight years old when she was abducted and murdered in West Sussex in July 2000 by Roy Whiting. It later emerged that Whiting had a previous conviction for abducting and sexually assaulting another eight-year-old girl. This information was not shared with the jury during his trial for Sarah’s murder, as it was considered potentially prejudicial and could have jeopardised the case.
The realisation that Sarah's death might have been prevented if her family had known about Whiting's background sparked a national debate about child protection and information sharing. Sara Payne, Sarah's mother, became a tireless campaigner for change, working closely with the Home Office to advocate for a system that would give parents access to information about individuals who posed risks to their children.
The introduction of Sarah's Law represented a fundamental shift in thinking about child protection, moving from a system where information was closely guarded by authorities to one where parents and communities could access the information they needed to protect children.
Was Sarah's Law Campaign Successful?
After a pilot scheme launched in 2008 across just four areas, the Home Office announced in 2010 that Sarah’s Law would be rolled out across all of England and Wales by spring 2011.
By 2013, police forces in England, Wales, and Scotland had received 4,754 applications through the scheme and made 708 disclosures, meaning around one in seven applications resulted in information being shared.
How RJS Family Law Can Help
At RJS Family Law, we recognise that Sarah's Law is just one tool in a comprehensive approach to child protection.
Family law intersects with child protection in numerous ways, from custody arrangements that need to consider safety concerns to domestic violence situations where children's welfare is at risk.
If you're considering making an application under Sarah's Law, or if you need advice about child protection issues more generally, professional guidance can be invaluable. We're here to help families navigate these complex situations, ensuring that children's safety remains the top priority while respecting everyone's rights and dignity. Contact us today.
FAQs
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Any member of the public can make an application, but it is most commonly used by parents, carers or legal guardians who are concerned about someone with access to a child. The police will assess whether disclosure is necessary to protect the child.
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The police may disclose if someone has convictions for sexual offences against children, or if they are believed to pose a risk, even if they have not been convicted. Each case is considered on its own merits, based on the risk to the child.
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No. If information is disclosed to you, it is for the purpose of protecting a specific child or children. Sharing that information with others could put children at greater risk and may be a criminal offence.
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If no information is disclosed but you still have concerns, you should continue to raise them with the police or relevant safeguarding agencies. A lack of disclosure doesn’t necessarily mean the person poses no risk.scription
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No, they are different schemes. Sarah’s Law relates to child protection and the disclosure of information about individuals who may pose a risk to children. Clare’s Law, on the other hand, is designed to protect adults from domestic abuse by disclosing information about a partner’s violent past.