Rehabilitation and CS

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Ore
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Joined: Wed Oct 10, 2018 10:06 pm

Rehabilitation and CS

Post by Ore » Wed Oct 17, 2018 5:23 pm

Do child care services know of the Rehabilitation of Offenders Act? Once a person's convictions are spent under law, do child care services work in line with the rehabilitation of offenders?

Case in point, child on the way, past convictions of public indecency are spent and the individual considered by law to be rehabilitated and as one with a clean record. Obviously where employment is concerned, there are exceptions as to what work can be done. Where basic and standard disclosures are concerned, there are many options available. Where enhanced or PVG disclosures are concerned, the options are limited. However, can a man be the father that he is entitled to be, or will CS have an issue with him, despite that he is legally rehabilitated and considered to be a responsible and trusted member of society again?

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Suzie, FRG Adviser
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Joined: Mon Jul 04, 2011 2:57 pm

Re: Rehabilitation and CS

Post by Suzie, FRG Adviser » Thu Oct 18, 2018 3:16 pm

Dear Ore

Thank you for posting on the parents’ discussion forum.

I note from your post that you refer to PVG disclosure which is I mean protecting vulnerable group and relates to a different jurisdiction to that which we are able to advise on namely, England and Wales.

You may be able to obtain advice from Scottish Child Law Centre on 0131 667 6333 and
Clan Child Law on 0808 129 0522.

Hope you will be able to obtain the advice you need.

Best wishes

Suzie

Ore
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Joined: Wed Oct 10, 2018 10:06 pm

Re: Rehabilitation and CS

Post by Ore » Thu Oct 18, 2018 8:54 pm

Hi Suzie

My question of concern is do child services get involved if an offender's convictions are spent under the rehabilitation of offenders act 1974 with amendments 2014? She lives in England and I want to live with her.

The 1974 act is UK wide, but England signed up for the amendments, while Scotland didn't. I was directed to you since you deal with England and that's where we want to settle to raise our child.

Kami2018
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Joined: Sat Jun 16, 2018 5:08 pm

Re: Rehabilitation and CS

Post by Kami2018 » Fri Oct 19, 2018 10:11 am

I'm not 100% , but I'm more then sure when it's a serious offence CS will be informed

Ore
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Joined: Wed Oct 10, 2018 10:06 pm

Re: Rehabilitation and CS

Post by Ore » Fri Oct 19, 2018 11:58 am

Hi Kami

In the past I've been convicted of public indecency (very public voyeurism) on the streets. However, due to the dispensation of probations and the 4 month custodial sentence that was given for my last conviction, I was made subject to standard notification requirements for 7 years. This meant also that 7 years was how long it took for the convictions to become spent under the Rehabilitation of Offenders Act 1974. At which point I'm considered rehabilitated and once again a trusted and responsible member of the community. Although, I understand that there are some exemptions where employment is concerned, but what about raising a family and potential CS involvement?

I didn't have special conditions that stopped me from being around children and vulnerable people. My convictions were non contact and I've no history of violence or abuse towards others.

If convicted of serious crimes, the sentences will be harsher and any that are over 30 months custodial are never spent and the persons are required to be subject to notification requirements for life and have to comply with conditions regarding their movements and contacts, etc.

My most serious sentence was a 4 month and 4 month custodial running concurrently, which means both began and ended at the same time.

She is pregnant and we are seeking to know whether there will be CS involvement that could potentially stigmatise and damage our child in life or not. We've decided that if there is likely to be this involvement, then we're aborting and will live without children as to avoid them entering the system and allowing the cycle of abuse and stigmatisation to affect them psychologically in life as so many professionals would be told. Not all are good at confidentiality, especially when telling their own children to stay away from certain children, because their parent or parents are or were registered sex offenders. Then you have the schoolyard bullying and persecution. We would rather avoid this and are looking to make an informed decision.

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Suzie, FRG Adviser
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Re: Rehabilitation and CS

Post by Suzie, FRG Adviser » Fri Oct 19, 2018 1:38 pm

Dear Ore

Thank you for posting again.

As you may be aware there is a category of offences which will be exempt and can be disclosed even if spent under the Rehabilitation of Offenders Act (as amended). This list includes offences of a sexual nature.

Children’s service will, I am sure be aware of the Rehabilitation of Offenders Act 1974 (as amended). However, they can become involved where a sex offender becomes involved with someone who has a child or with whom the offender has a child together.

Each case will depend on its own facts and the concerns that children’s services have regarding risk to a child or children.

If children’s services becomes involved then they would carry out assessments to satisfy themselves that a child is safe in the family environment.

You may find it helpful to make contact with NACRO on 0300 123 1889 or Unlock on 01634 247350 who offer advice and support to ex-offenders.

I hope this answers your question.

Best wishes

Suzie

Ore
Posts: 13
Joined: Wed Oct 10, 2018 10:06 pm

Re: Rehabilitation and CS

Post by Ore » Fri Oct 19, 2018 9:21 pm

Thank you Suzie. I'll consider time elapsed, type of offence and of course, the term 'risk' and any present potential concern as we ponder interaction with CS. As one with aspergers, I will seek an aide for interactions, usually my solicitor. I feel positive that I can be a wonderful father and do the best that I can do and meet every aspect of fatherhood.

Your response is appreciated and I feel positive about things now that I'm forewarned.

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