New law planned to stop offenders changing their identity

Image credit: iStock/roberthyrons

The Home Secretary, Suella Braverman, announced this week plans to bring forward legislation that would prevent registered sex offenders from changing their identities and to strengthen background checks to automatically include any undisclosed changes of identity.

During a speech on Tuesday 3 October at the Conservative Party Conference, Ms Braverman annouced that the new law, which has been dubbed ‘Della’s Law’ after Della Wright, a survivor of child sex abuse, would make it an offence for anyone convicted of a sex-related crime to change their identity.

At Thirtyone:eight we’ve been working together with others to support campaigning on this important issue.

But what is the loophole that this new law is trying to address, and what difference could these proposals make to children and adults at risk of harm that you work with?

We’ve put together a brief overview to help you make sense of it and better understand what it means for you, your organisation, and those you work for, and with.

What’s the issue this new law is trying to address?

Since 1997, anyone cautioned or convicted for a sexual offence is put on the sex offenders register (SOR). This includes anyone who commits a sexual offence on the internet.

Under the Sexual Offences Act (2003), all those on the sex offenders register must register with the police within three days of their conviction or release from prison. If convicted, they are required to go to their local police station and sign the register. If they don’t register, they will be charged with another criminal offence.

A person will stay on the register for a specified period of time depending on the nature of the offence they committed and the sentence they have been given. During this time, they are required to regularly confirm with police that they are complying with the conditions of the SOR and notify the police of any changes to their situation including changes to their address, their name, and their identity. Failure to do so is also a criminal offence.

And here in lies the issue. The onus is placed entirely on the offender to comply with the law.

Where an offender changes their identity and doesn’t inform the police this means their convictions may not get picked up on any background checks and in some cases, people banned for life from working with children have used their new identities to get jobs in schools and homes where they have gone on to commit further offences.

As The Times reports 'Thousands of offenders are changing their name without notifying the police every year. Between January 2019 and June 2022, there were almost 12,000 prosecutions against people on the sex offence register who failed to alert authorities about a change in their personal information.'

While some simply change their name after conviction, there have been instances where offenders have changed their name before a trial and then changed them back again after their conviction in order to avoid the sex offenders’ register and to keep their original identity.

What are the proposed changes?

Although yesterday’s announcement doesn’t include a huge amount of detail, the intention is to close the loophole by effectively banning sex offenders from changing their name in an attempt to evade their true identity being known.

Thirtyone:eight understands that relevant details from other government agencies including HM Revenue and Customs (HMRC), Department for Work and Pensions (DWP) HM Passport Office, and the Driver and Vehicle Licensing Agency (DVLA), will be merged with the Disclosure and Barring Service (DBS).

Any change in a known sex offender’s details on any of those government agencies would then alert the DBS and that person will face prosecution.

There have also been calls for a marker to be placed on the DVLA and HM Passport Office records of all registered sex offenders, which would raise an alert whenever an application for a name change comes through.

What are some of the obstacles to this new law?

Although this may all sound fairly straightforward, as with most legal loopholes, there a number of obstacles that the government will need to overcome in order for this new law to come into effect.

Even with the changes, sex offenders could still potentially evade detection if they completely abandoned all their existing accounts with government agencies and did not attempt to update their details. Government sources said they are working with organisations such as HMRC and DWP on measures that could potentially detect suspicious individuals who register with government agencies that have no previous record of them.

There are also a number of legal hurdles that may still allow sex offenders to exploit other legal loopholes that exist.

Why is this new law potentially controversial?

There are concerns that a blanket ban on changing personal details would violate the Equalities Act (2010) if the individual was doing so for religious purposes or to change their gender. This is a significant issue, and one that the government will need to give careful thought to.

Some also argue that, for people on the sex offender register to change their name can be a positive thing, as it can be part of a process that can help past offenders move beyond their previous offending lifestyle.

Donald Findlater, Director of The Lucy Faithfull Foundation’s Stop it Now! UK and Ireland helpline, which campaigns to stop child sexual abuse, says 'One of the essentials of treatment and preventing further offending is to help [offenders] build better lives after the offence. This could be through assisting lifestyle changes, helping people with employment, housing, addiction or other mental health issues. They are often highly stigmatised and in some circumstances are vilified in their local community and may want to consider changing their names as one way to help move on from their past behaviour.'

He argues that a denial of a name change could actually increase the risk of some people who are seeking to lead a better life from not complying with the requirements of registration at all, and that rather than being banned should instead be required to notify the police and seek permission for the change, similar to the way they currently have to do if they intend to travel abroad.

In making the announcement this week the Home Secretary was clear that such obstacles shouldn’t stand in the way of this proposal coming into force. Ms Braverman said “I don’t care if anyone thinks this is interfering with [sexual offenders’] human rights. It’s time to worry less about the rights of sexual predators and more about the rights of victims.”

How the government plans to address this potential conflict in balancing the human rights of one individual or group against another is yet to be worked through.

What could this law mean for churches and charities?

Organisations working with children, young people and vulnerable adults, should already have safer recruitment processes in place that include relevant background checks. Using checks as part of a safer recruitment process helps organisations to assess the suitability of people who are authorised to work with vulnerable groups, and acts as a deterrent for anyone unsuitable from applying. Safer working practices including appropriate safeguarding training and supervision of workers also significantly contribute to reducing the risk of harm occurring.

This new law, if it comes into force, will only serve to make this process stronger and more robust, giving organisations even greater confidence in the processes they already have in place.

Organisation's that work with offenders and anyone who may pose a risk, should take note of these proposals and consider what this may mean for them, so that they can continue to offer effective support and supervision for the people they work with.

Leigh McFarlane, Thirtyone:eight’s Public Policy and Research Manager says “At Thirtyone:eight we welcome the news that steps are being taken to close this loophole. We’re encouraged that the voice of victims, survivors and those with lived experience of abuse have not only been heard by government but have been listened to and acted upon as well.

As part of our ongoing public policy and engagement strategy, we were pleased to support Sarah Champion MP and The Safeguarding Alliance earlier this year when this important issue was brought before the House of Commons.

There is still work to be done in terms of reconciling the proposed changes with the Equality Act, and we look forward to hearing more about how the government proposes to achieve this so that more children, young people and vulnerable adults can be afforded the best protection possible from those who would seek to do them harm.

While this loophole is being closed for England and Wales, we would urge the Scottish Parliament and Northern Ireland Assembly to also close this loophole, so that survivors are afforded the same protections across all the UK.”