- Multi-Agency Public Protection Arrangements
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- 10. Disclosure (updated 2022)
- Decision to disclose
10. Disclosure (updated 2022)
Decision to disclose
Standard - Disclosure to a third party is considered for all MAPPA offenders at each review
10.3 All MAPPA offenders must be risk assessed to identify anyone who may be at risk of serious harm from them. The Risk Management Plan (RMP) must identify how these risks will be managed. As part of this process, consideration must be given in each case to whether the disclosure of information about an offender to others should be made to protect victims, potential victims, staff, and other persons in the community. This applies to all categories and levels of MAPPA case, and consideration is a legal obligation for the RA under s.327A CJA in relation to offenders convicted of child sex offences. The overriding factor is the need to protect the public and safeguard children[1] and adults at risk.[2]
10.4 The purpose of the disclosure must be specified and recorded in all cases. Before disclosure is made the alternatives must be considered and found to be inappropriate or ineffective. An informed decision must be made about how much information to disclose. Personal information can only be disclosed if it is limited to what is necessary for the assessment and management of risk. Information that could be used to identify a victim should not be shared unless disclosure is necessary to manage risk.
Updated: May 2022
Level 1
10.5 Cases being managed at Level 1 must be reviewed in line with the lead agency's policy. Disclosure must be considered as part of each review. It is not necessary to inform the MAPPA Co-ordinator about disclosure decisions for Level 1 offenders, but details of the decision making must be recorded on the lead agency's case management system and must be made available if required. Consideration of disclosure to a third party may result in a referral for Level 2 or 3 management so that all information to inform the decision is fully shared and plans to manage the disclosure can be made on a multi-agency basis.
10.6 If complex disclosures (i.e. those requiring legal advice) are being considered, it would be good practice to discuss such a decision at a MAPPA meeting. For more information on complex disclosures see paragraphs 10.23-10.26 below.
Updated: May 2022
Level 2 and 3
10.7 Disclosure to a third party must be considered at all Level 2 or 3 MAPPA meetings. Any decision to disclose should be agreed by all agencies at the meeting. If disclosure is agreed it will be carried out in a timely manner by the most appropriate agency. In the unlikely event that an agreement cannot be reached, the agency that holds and owns the information will make the decision in line with its own policies (although see 10.13-10.16 for restrictions). The reasons for either disclosing or not disclosing information must be fully recorded in the MAPPA meeting minutes, along with any disagreements and concerns raised.
Standard - All decisions and subsequent action on disclosure are recorded on the lead agency case management system (Level 1) and in the MAPPA meeting minutes (Levels 2 and 3)
10.8 All decisions and action on disclosure must be recorded, including decisions about involving the offender in the disclosure process. Records must include the reasons for disclosure, including why alternatives were rejected, an assessment of the risks surrounding disclosure, the agency and individual who carried out the disclosure, specific details of what was disclosed and the date that it occurred. If a local form is used to make disclosure a copy must be retained in line with agency policy.
Updated: May 2022
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