Page 16 - ELG2107 Jul Issue 476
P. 16

SPECIAL FEATURE                     .

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        We spoke to Emily Konstantas, chief executive officer of the Safeguarding Alliance,
        to find out how schools can best protect their students from an alarming loophole


              he Safeguarding Alliance
              has identified a serious
              safeguarding loophole
        Twhereby registered sex
        offenders are able to change their
        name by deed poll, both enrolled                                                                          PHOTO BY MABEL AMBER FROM PIXABAY
        and un-enrolled, and go under
        the radar of all authorities, putting
        societies most vulnerable at
        considerable and immediate risk of
        harm. This renders both the UK’s
        Child Sex Offender Disclosure
        Scheme (otherwise known as
        ‘Sarah’s Law’) and the Domestic
        Violence Disclosure Scheme
        (otherwise known as ‘Claire’s
        Law’) redundant and makes a
        mockery of the legal system.
          The process by which a
        registered sex offender can
        change their name by deed poll,
        both enrolled and un-enrolled,
        is far too simple, inexpensive
        and unregulated. An offender
        can change their name, from
        prison or elsewhere, at minimal
        or no cost and commence the   will change their name for   This was despite receiving   • A public inquiry into the
        process of obscuring their identity   sentencing, meaning their birth   a two-year suspended prison   historical failings around
        unmonitored.               name remains protected. This is   sentence and being barred from   registered sex offender
          The UK’s Sexual Offences Act   highlighted in the high-profile   working with children or leaving   name change;
        2003 places the onus of reporting   case of government aid worker   the country.  • Immediate guidance to be
        a name change on the registered   Peter Davis, who changed his   Using the name of Ben David   published for all organisations
        sex offender. This is a legal   name just before trial to James   Rose, and within weeks upon   employing people to work
        loophole rendering reporting   Robert Harris.         his arrival in Spain, he took up a   with children, young people or
        unreliable and resulting in sex                       live-in position as an au pair to a   vulnerable adults;
        offenders slipping under the   The very live risk     family with three young children.   • The removal of the automatic
        radar of all authorities.                             He then went on to become a   right of registered sex offender
          There is no joined-up      of registered sex        teacher at several prestigious   name change;
        approach between statutory                            British schools in Spain, even   • A review into the current
        and other agencies. As a result,   offender name      producing a DBS in the name of   name-change process in the
        the effectiveness of important   change cannot be     Ben David Rose, despite being   United Kindgom;
        legislation, the Sex Offenders                        a registered sex offender in the   • A passport application review.
        Register, the Child Sex Offender   underestimated     United Kingdom, albeit in his
        Disclosure Scheme and Domestic                        birth name.               How joining an
        Violence Disclosure Scheme are   in international                               organisation helps
        being undermined and rendered   school settings       What is being done        Being part of organisations such
        redundant.                                            The Safeguarding Alliance has   as the Safeguarding Alliance
                                                              been raising public awareness   and the Council of British
        The threat in schools        The case of Ben Lewis or Ben   of this very serious issue and   International Schools (COBIS)
        Schools can implement a birth   David Rose (just one example   continues to lobby the UK   enables schools to remain up to
        certificate check to cross reference   of many) highlights why the   Government to amend legislation   date with trending safeguarding
        this against other forms of   very live risk of registered sex   and close the loophole. We are   concerns and issues. The
        identification, such as passports   offender name change cannot be   calling for:   Safeguarding Alliance is proud to
        and driving licences, as you   underestimated in international   • Amendments to the Police   work in partnership with COBIS
        cannot change the name on an   school settings.         Crime Sentencing and    to ensure a global transnational
        original birth certificate.  In 2016, registered sex offender   Courts Bill;    approach is taken to
          However, this must be exercised   Ben Lewis changed his name by   • A national and joined-up sex   identifying and communicating
        with caution, as some sex offenders   deed poll and moved to Spain.  offenders register;   safeguarding themes.
        16                                                                                               July 2021
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