Trinity College, Dublin An examination of how one Local SORAM (Sex Offender Risk Assessment and Management) Team works to protect children. for partial fulfilment of the Postgraduate Diploma in Child Protection and Welfare Author Jennifer Bell Tutor Paul Sargent Word Count: 9970 Date Submitted 15th May 2017 i ABSTRACT Child Protection and Welfare is not a new concept in Ireland but the establishment of SORAM and the launch of the manual of practice on 10/11/2017 has standardised the monitoring and management of sex offenders. An integral part of this is the protection of children. This research is aimed at examining how one local SORAM team works to protect children by exploring how issues of child protection are dealt with, the problems encountered, the experiences of agencies involved of the child protection and welfare role and potential solutions or future implications of the issues. This research will draw on qualitative semi-structured interviews with various professionals actively engaged in the SORAM process. The agencies currently engaged are An Garda Síochana, The Probation Service, TUSLA Child & Family Agency and local authorities. This research aims to explore how child protection and welfare issues are dealt with, the problems that are encountered and the experiences of agencies involved with a view to informing best practice. ii ACKNOWLEDGEMENTS This research project would not have been achievable if not for the assistance of a number of people. Firstly, I would like to sincerely thank the participants who volunteered their time and efforts to make this research project possible. I wish to acknowledge the support and friendship of my fellow students for making this year so memorable and for sharing their experiences. I would also like to acknowledge Dr. Stephanie Holt, Course Director and her fellow course lecturers for giving so generously of their time, energies and knowledge. I wish to thank my work colleagues Caroline and Rickie for their friendship and for listening to me relentlessly. To my tutor Paul Sargent, thank you for everything, your advice and guidance has been invaluable throughout this year. A special thank you to my husband James for his unwavering support and patience and for never doubting my abilities, even when I did. To my daughter Meghan, may you achieve anything you put your mind to. iii TABLE OF CONTENTS Ch. No. Title Page Abstract i Acknowledgments ii Table of Contents iii-iv Glossary of Terms v 1 Introduction 1 - 3 3 Methodology 4-10 3.1 Introduction 4 3.2 Rationale 4 3.3 Aims of the Research 4 3.4 Research Objectives 5 3.5 Methodological Framework 5 3.5.1 Research Design 5 3.5.2 Validity and Reliability 6 3.6 Sampling and Recruitment 6-7 3.7 Ethical Consideration 7 3.7.1 Ethical Approval 7-8 3.7.2 Distress Protocol 8 3.8 Bias 8-9 3.9 Data Collection 9 3.10 Informed Consent 9 3.11 Data Analysis 9-10 3.12 Data Interpretation by developing codes 10 3.13 Limitations 10 3.14 Conclusion 10 4 Literature Review 11-19 4.1 Media 11-12 4.2 The need for Sex Offender Management 12-13 4.3 Other Jurisdictions 13 4.4 SORAM 14 4.5 Legislation 14-15 4.6 Inter-Agency Co-Operation/Multi-Agency Management 15-16 4.7 fWhy Sex doOffenders people Sexually Offend against children? 16 4.8 Risk Assessment 17 4.9 Victim Choice and recidivism 17-19 4.10 Rehabilitation/Reintegration 19 5 Analysis of Data and Evaluation of Findings 20-30 iv 5.1 Inter-Agency Co-Operation 20-22 5.2 Legislation 22-24 5.3 Risk Assessments: 24-25 5.4 Joint Training 25-26 5.5 Policy and Practice 26-27 5.6 Lack of Housing 27-30 6 Conclusion, Recommendations & Implications for Practice 31-34 Practice6.1 Conclusions 31 6.2 Recommendations 32-35 Bibliography 36-42 Appendices 43 I Information Sheet for Participants II Consent Form for Participants III Information Sheet for Agency/Gatekeeper IV Consent Form for Agency/Gatekeeper V Interview Schedule / Proposed Topic Outline VI (a) Pilot Semi Structured Interview Questionnaire VI (b) Semi Structured Interview Questionnaire VII Ethically Approved Application Form v GLOSSARY OF TERMS AGS An Garda Síochána DJELR Department of Justice Equality and Law Reform DHPCLG Department of Housing, Planning, Community and Local Government DMR Dublin Metropolitan Region DVSAIU Domestic Violence and Sexual Assault Investigation Unit HSE Health Service Executive LST Local SORAM Team MAPPA Multi-Agency Public Protection Arrangements NSSG National SORAM Steering Group PPANI Public Protection Arrangements Northern Ireland RAMP Risk Assessment Management Plan RM2000/RM2K Risk Matrix 2000 SAO7/S&A Stable and Acute 2007 2007 SOA01 Sex Offender Act 2001 SOLO Sex Offender Liaison Officer SOMIU Sex Offender Management and Intelligence Unit SORAM Sex Offender Risk Assessment and Management TPS The Probation Service TUSLA CFA TUSLA Child and Family Agency SOIRA Sex Offender Information Registry Act vi 1 Introduction This chapter will provide a brief outline of the current practice of sex offender management in existence in Ireland and allow the reader to gain an insight into the procedure on which this research study is based. 1.1 Authors Perspective The author is a member of An Garda Síochana currently working in the Divisional Child Protection Unit based in Pearse Street Garda Station for the past 6 years. An Garda Síochana has strived to make improvements in recent years to ensure children are protected. The development of the Garda Síochana Policy on the Investigation of Sexual Crime, Crime against Children and Child Welfare (2013) is testament to this. This guideline document was developed in collaboration with Children First (2011) and has standardised the investigation procedure for child protection and welfare cases throughout An Garda Síochana, ensuring all investigations involving children are carried out with expedience and upmost professionalism. However, within every organisation it is important to continually strive for improvement. “It is no use saying, “we are doing our best.” You have to succeed in doing what is necessary.” – Winston Churchill (1916) 1.2 SORAM In 2009, the Department of Justice published the report of a working group “The Management of Sex Offenders: A Discussion Document” which contained a number of recommendations for the management of sex offenders in Ireland. Recommendation 6.8.2 proposed: ‘…local risk management committees will be established…These committees will to some degree take on the tasks assigned to the equivalent committees in Northern Ireland’ 1 Following the publication of this document the Irish concept of sex offender management was born. SORAM refers to Sex Offender Risk Assessment and Management and is a multi-agency approach to the monitoring and management of convicted sex offenders1 with specific reference and focus on the protection of children and the community. When a sex offender is convicted of a sexual offence the sentence they receive determines the length of time they are subject to the requirements of Part 2 of the Sex Offenders Act 20012. A sex offender is included in the SORAM process under the following circumstances; 1. Subject to Part 2 of the Sex Offenders Act and also subject to a post release supervision order. 2. Subject to supervision by the Probation Service and either AGS of IPS has concerns regarding further re-offending. Once included in the SORAM process they are monitored and managed on a local level through a Local SORAM Team, based in the area the offender resides. However, sex offenders who are risk assessed and assigned a risk category of low are not be included in the SORAM process and are managed by a single-agency approach. Following inclusion in the LST a Risk Assessment and Management Plan (RAMP) is created and a RAMP2 completed before each subsequent meeting the offender is discussed. 1.3 SORAM Policy The National SORAM Office was established in 2013 and is a co-located office made up of personnel from AGS, TPS, TUSLA CFA and in 2014 was joined by Local Housing Representative. This culminated in the production of the “Manual of practice” (NSO, 2016) the policy document for the guidance of all local SORAM teams, which was launched in November 2016 by the National SORAM Office. At present, SORAM remains a pilot scheme and is not on a statutory footing. 1 A person who is convicted of a scheduled sexual offence as set out under Section 3 of the Sex Offenders Act 2001. 2 Obligations that a sex offender must comply with for the period they are subject to the act, which includes and is not limited to notification of any change in address or name. 2 1.4 Risk Assessment Tools The risk assessment tools used in Ireland to categorise the level of risk of recidivism among convicted sex offenders are Risk Matrix 2000 (RM2000)3 (Thornton et Al., 4 2003) and Stable & Acute (SA07) (Hanson et Al. 2007). 1.5 Legislative Context 1.5.1 Sex Offenders Act 2001 The Sex Offenders Act (SOA2001) remains the key piece of legislation for the supervision and monitoring of sex offenders in Ireland. SORAM has been implemented as a pre-cursor to the new legislation not yet enacted. The Criminal Justice (Human Trafficking) Act 2008 amended the Sex Offenders Act 2001 to provide a power of arrest for failing to notify a change in address in accordance with the obligations under the act. 1.5.2 Criminal Law (Sexual Offences) Act 2017 The Criminal Law (Sexual Offences) Bill 2015 had originally outlined provisions for Assessment Teams, and would have placed SORAM on a statutory footing. The actual enactment of Criminal Law (Sexual Offences) Act 2017 in March 2017 did not include any additional powers to manage sex offenders.