Before I call Sarah Champion, I just remind all Members that they should not refer to any cases that are active before the courts. They can of course discuss the principles of the issue, without referring to specific cases.
That this House has considered the change of name by registered sex offenders.
I am grateful to have the opportunity to lead this debate. I thank all the Members who have supported this campaign. I particularly thank the survivors, many of whom are here today, for their tireless work to try to close this loophole and make sure no one else suffers as they have been forced to.
This debate is specific: it is about registered sex offenders changing their name without the knowledge of the police, leading to many offenders going missing, securing a Disclosure and Barring Service check under the new name and then reoffending. Unless this loophole is closed, it makes a nonsense of the schemes the public rely on to detect offenders. For example, the sex offenders register, the child sex offenders disclosure system, the domestic violence disclosure scheme and the Disclosure and Barring Service all rely on having the correct name.
I first found out about this dangerous loophole through the incredible campaigning work of the Safeguarding Alliance three years ago. Its findings and the impact this has had on survivors are truly chilling. I have repeatedly raised the issue with the Home Office and Justice Ministers, as well as the Master of Rolls, who oversees the enrolled deed poll, yet still no tangible change has taken place.
Currently, under the Sexual Offences Act 2003, all registered sex offenders are legally required to notify the police of any change in their personal details, including a change of name and address.
I commend the hon. Lady for bringing this forward. I think every one of us in this House supports her in everything she does, and we greatly admire her tenacity and courage on these issues. Unfortunately, I cannot stay for the debate as I have other engagements, but does she agree that the fact that, from a period in 2019 to June 2022, there were 11,536 prosecutions of sex offenders for failing to notify the police of a change in their personal information, such as their name, shows the scale of the issue and demonstrates that we must legislate to protect our vulnerable as a matter of urgency? I know that is what she wants and it is certainly what I want as well.
I thank my hon. Friend, who is as tenacious as I am in trying to challenge these gross abuses of the system. The figures he quotes are Safeguarding Alliance figures that it got as a result of freedom of information requests, but they are only for some police forces, so the scale of the issue is much greater than even that shocking figure.
If a registered sex offender wants to change their name, they must tell the police within three days, or they could face up to five years in prison. But these notification requirements leave the onus entirely on the offender to self-report changes in their personal information. If the sex offender breaches these requirements, and therefore faces prison, they must first be caught.
Data that I and others have collated shows that the scale of this issue is breathtaking. The Home Office confirmed, in responses to my written parliamentary questions, that over 16,000 offenders were charged with a breach of their notification requirements between 2015 and 2020. A Safeguarding Alliance FOI request to the Crown Prosecution Service found that over 11,500 registered sex offenders were prosecuted for failure to notify changes of information between 2019 and 2022. Those breaches are likely to have been for name changes or other such changes. It is clear that offenders are changing their names and not disclosing their new name to the police, but the exact scale of the problem remains impossible to capture. It is important to emphasise that these are only the cases we know about: many more offenders could have breached their notification requirements without the police’s knowledge. Offenders are also required to visit a police station to comply with notification requirements, but only once a year.
Evidently, thousands are getting caught when they breach their requirements, but it appears that many are not. An FOI request by the Safeguarding Alliance to police forces confirmed that at least 913 registered sex offenders have gone missing between 2017 and 2020. However, only 17 of the 45 police forces responded to the request, indicating that that figure is only the tip of the iceberg.
I thank my hon. Friend for securing this important debate. Does she agree that, in addition to ensuring that registered sex offenders have markers on their files at the Driver and Vehicle Licensing Agency and His Majesty’s Passport Office, the DBS should require all applicants to produce a birth certificate to better verify their identity?
I support my hon. Friend’s recommendation. Anything we can do to try to close this loophole I support, because the scale of it and the fact that the systems we have in place are not working mean that we need—Minister, we need—urgent attention and urgent reforms.
BBC research found that more than 2,000 criminal record checks carried out by the DBS in the past three years flagged that the applicants had cautions or convictions, and that they had supplied incorrect or missed out personal details, such as their past names. Those figures are shocking. It is a relief that the DBS found so many of those cases but, if even a few slip through the gaps in the system, the consequences are devastating.
I pay tribute to the hon. Lady and I hope my name was added in support of this debate. It is breathtaking. I raised the issue over six years ago when we had the case of Ben Lewis, who changed his name after being convicted and put on the sex offenders register. He then turned up in Spain, working with children. It was only found out about accidentally, I think through the Australian police. The Home Office acknowledged that this was a problem and said it was taking it on board. There are 67,000 sex offenders on the register in this country and 16,000 have changed their names. This is not just a tip of the iceberg—it is deliberately being used as a cover for their identity and potential future criminal activity. Does she agree that, frankly, other than in exceptional circumstances, people on the sex offenders register should not be allowed to change their name while they are on the sex offenders register and that, secondly, there is absolutely no reason that somebody in prison should be able to change their name while they are serving a prison sentence? It is not necessary and it is clearly for ulterior motives that cannot be good.
My personal position is that when someone carries out such heinous crimes, some of their liberties will be taken away. We need the Minister to look very closely at what those liberties are, particularly when there is an incredibly apparent safeguarding risk from names being changed, as the hon. Member outlined. I will come to Ben Lewis, because his case outlines a number of flaws in the system.
Let me say to the Minister that our systems are not joined up. People are actively looking for those weaknesses and exploiting them. I urge her to do all she can to close them as quickly as possible.
The hon. Lady is being very generous. My constituents, and those of the hon. Lady and of all Members, want legislation to give safety to mothers and children. We do not see that at the moment, as she has reinforced to the Minister. Does she feel that this debate should be the start of a campaign to change legislation to protect those who are under threat?
I completely agree. So many MPs are here, even though on Thursdays we are usually in our constituencies, because they have changed their diaries to show their support and solidarity. I hope that the Minister recognises that.
Registered sex offenders are supposed to inform the police if they go abroad but, again, that does not always happen. Let me turn to the example of Ben Lewis. He was a registered sex offender who changed his name, moved to Spain and obtained a clean DBS check under his new name. He then worked in British schools in Madrid until he was arrested for further offences. I am in touch with the mother of one of the children he abused, and I thank her for all her campaigning to raise awareness of this safeguarding failure, but it should not have happened. Action to stop it happening is long overdue.
Almost two years ago, with cross-party support, I tabled a new clause to the Police, Crime, Sentencing and Courts Bill, which required the Government to conduct a review into registered sex offenders changing their names. The review has been completed, but Ministers say that it is an internal document and that the findings will not be published. The Home Office also asked former chief constable Mick Creedon to carry out an independent review into the management of sex offenders in the community. One assumes that it should have covered this issue—we do not know the terms—but, again, we have no information on its findings.
This is clearly a matter of acute public interest. More than 37,000 people signed a petition calling for action more than two years ago. Public money is being spent, but we have seen no outcomes. We need transparency to know that Ministers are working to provide solutions to these issues. I would be grateful if the Minister updated us on those reviews.
What can be done to address the loophole? There are simple, immediate changes that could take place to address some of the safeguarding failures. The College of Policing guidance states that police can take pre-emptive action where an offender is likely to change their identity or leave the country. Those actions include requesting the Passport Office and the Driver and Vehicle Licensing Agency to put an electronic marker on the offender’s file to alert the officer in charge if an application should be made. As I said, a driver’s licence or passport is required for a DBS check, so that would also prevent registered sex offenders acquiring a clean DBS check if applied to all registered sex offenders’ files. However, the guidance states:
Thank you, Madam Deputy Speaker, for calling me to speak in this very important debate. I am so grateful to the hon. Member for Rotherham (Sarah Champion) for the work she has done for victims and survivors. While Under-Secretaries may come and go, it is so reassuring to see the hon. Lady in her place, constantly standing up for victims and survivors.
I want to tell the story of my constituent Joanna. Joanna is an amazing young woman. She is bright, she is brave and she is beautiful. Joanna is a student paramedic and has just started a family. She has her whole life ahead of her. Joanna wants her story to be told, because for too long there was silence. It is by speaking out that we secure justice for victims and survivors such as Joanna, and we must listen to their voices.
For much of her young life, Joanna was a victim of serious sexual abuse. She was the victim of a manipulative, depraved man called Clive Bundy. The scale and nature of the abuse is beyond comprehension; it was discovered when the police identified sexual images online. Clive Bundy was arrested and sentenced to 15 years in prison.
After serving only seven years, Clive Bundy is up for parole. This child sex offender is no longer Clive Bundy. This person has changed their name by deed poll, and this person has changed their gender identity. Under the law, Clive Bundy no longer exists. Clive Bundy has chosen the name of Claire Fox. Under section 22 of the Gender Recognition Act 2004, we cannot say even that this is so. Joanna’s fear is that this new identity erases Clive Bundy, erases the terrible harm that he did, erases Joanna’s experience. She fears that the world can refuse to acknowledge that Clive Bundy and his terrible crimes ever even existed—that we can just pretend that the trauma she still suffers, the trauma Clive Bundy caused her and others, did not happen, because he does not exist.
What is certain is that Claire Fox will be afforded enhanced rights of privacy that should never, ever be afforded to a serious child sex offender. I believe in redemption, I believe in rehabilitation, but that does not and cannot mean that we rewrite the past. It does not mean that these truly horrific crimes simply never happened. Joanna wants the names of Clive Bundy and Claire Fox to be linked on official records because Clive Bundy and Claire Fox are the same person. The law requires us all to pretend that that is not so: the law requires us to pretend that a convicted serial child sex offender, Clive Bundy, no longer exists. The impact on Joanna is deeply distressing. She speaks of her past coming back to haunt her, of the constant fear, of always looking over her shoulder, and of her anxiety that her new life and her young family could be under threat and that she is, in her words,
I actually want to raise the point that has just been raised by the hon. Member for Telford (Lucy Allan). The debate is clearly centred on the law and practice in England and Wales, but similar problems exist in Scotland, and Disclosure Scotland operates the same model.
Let me preface my speech by saying that in a previous life I worked for many years as a specialist sex crimes prosecutor with the national sex crimes unit in the Crown Office and Procurator Fiscal Service in Scotland. I am therefore acutely aware of the importance of the effect of the prosecution of sex crimes, particularly for the protection of women and girls but also for the protection of children and some men. I am also very aware of the importance of safeguarding and of the way in which those who wish to abuse their power by sexually abusing women and children will seek out loopholes and opportunities to find new victims. Today I want to focus on the safe- guarding loophole created by the ability to change identity in a more fundamental way, by simultaneously changing both name and gender.
I should say that I have been assisted in the writing of my speech and my understanding of this issue by Dr Kate Coleman of the organisation Keep Prisons Single Sex, which campaigns for prisons in the United Kingdom to be single-sex but also campaigns for data on offending to be recorded by sex registered at birth through the criminal justice system.
The Disclosure and Barring Service plays a vital and unique role in safeguarding. By processing criminal record checks for individuals who have applied to work in roles where safeguarding considerations apply, it allows organisations access to key information that will assist them in making safer recruiting decisions. The ability of a DBS check to play this role in safe- guarding rests entirely on the relevance, completeness and accuracy of the information returned and displayed on the DBS certificate.
In December 2003, as everyone will recall, Ian Huntley was convicted of the terrible murders of two little girls, Jessica Chapman and Holly Wells. Huntley had been employed as a caretaker at a local college at the time of committing the murders, a position that facilitated his access to children. That is what people who want to abuse children do: they seek out positions in which they will have access to children. Although he had previously come into contact with the police on many occasions over alleged sexual offences, that information had not been disclosed to his employer during the vetting check carried out at the time of his appointment.
It is no exaggeration to say that the murders of those two little girls, and the subsequent discovery that Huntley could and should have been prevented from taking up the role of caretaker, had a profound effect throughout the United Kingdom. The Bichard report, published in 2004 following an independent inquiry, concluded that there had been extensive omissions and failures in the vetting process.
Significantly, Huntley had been able to change his name by deed poll to Ian Nixon. The criminal record check he underwent had been carried out against only his new identity. By presenting a new identity, he had successfully severed the link with his existing police record, meaning that the records held against the name Ian Huntley were not disclosed.
I apologise for being late, Madam Deputy Speaker. I would have liked to contribute to this debate, but the ticket machine broke and I missed my train. I apologise for coming into the Chamber just to make an intervention. This is such an important debate, and I pay tribute to the hon. Member for Rotherham (Sarah Champion) for securing it and for her work.
As the hon. and learned Member for Edinburgh South West (Joanna Cherry) has just said, the ability for people to apply for a DBS check to work with children after changing their name by deed poll entirely defeats the object of the sex offenders register. Does she agree that the requirement for sex offenders to notify the authorities themselves is entirely unfit for purpose and that there needs to be a much more robust and centralised mechanism through which sex offenders can apply to change their name?
20 of 78 shown
New data secured by the BBC demonstrates the same ongoing pattern, allowing offenders to slip through the cracks. Over 700 registered sex offenders have gone missing in the last three years. It is highly likely that they breached their notification requirements without getting caught, making them an active risk to the public. Again, only 31 of 45 police forces responded to that request.
Many offenders are following the rules. At least 1,400 registered sex offenders have notified police forces of name changes in the past three years, with 21 of the 45 police forces able to provide that data. However, the number of cases where notification requirements are not being obeyed far outweighs those where they are. We cannot rely on a system that depends on registered offenders self-reporting changes in their information. If we do not urgently improve the system, we will have to accept that hundreds more offenders will continue to disappear from the system meant to safeguard us.
When I first learned about this breach, I spoke to my local police chief. He was genuinely stunned. We was unaware of the loophole and asked how he was meant to find someone when they no longer knew who they were looking for. If we are going to protect children and vulnerable people, and prevent further abuse, we must be able to keep track of those who are already known to be a safeguarding risk. Unless we address the failure in the current system, police will continue to be unaware of a name change and the sex offenders register will not be up to date with the new names, therefore considerably reducing its effectiveness.
It is vital we remember not only the danger posed to society by sex offenders changing their names, but the devastating impact it has on their previous victims. Della Wright is an ambassador for the Safeguarding Alliance and a survivor of child sexual abuse. Della has spoken so bravely to tell her story in support of so many other victims who have been impacted by this serious safeguarding loophole. I pay huge credit to her, as her tenacious campaigning is what has brought this issue to public attention.
When Della was a child, a man came to live in her home, becoming one of her primary carers and repeatedly sexually abusing her. Years later, when Della reported the abuse, her abuser was already known to the police and he had committed further sexual offences against many more victims. Della was made aware that he had changed his name; he had changed it at least five times, enabling him to relocate under the radar and evade justice. When Della’s case was finally brought to court, he again changed his name, this time in between being charged and appearing in court for the plea hearing. That slowed down the whole process as new court papers needed to be submitted in the new name.
The additional distress to Della made a complete mockery of the justice system, but sadly Della’s case is far from unique. The Safeguarding Alliance is working with dozens of survivors—a number of them are here today—who have discovered their abuser has changed their name. Many say their perpetrators change their name before charging, meaning their birth name remains unmaligned. Perhaps most chilling for me is that, with a new name, they can apply for a new passport and driving licence, which means they can apply for a clean DBS check in that new name.
“To avoid unnecessary or high volumes of requests to these agencies, enquiries should be limited”
to where, apparently, a specific risk factor applies. That means that it is not being applied to all sex offenders, though I would say that all registered sex offenders are a risk.
I believe that this electronic tagging must be mandatory for all registered sex offenders. I accept that that would only retrospectively alert the police to a name change, but at least it would enable them to act and to keep track of an offender’s identity once a breach occurs, so it would be better than what we have already. It would not pick up on cases in which offenders have already changed their name, so I will do everything I can to work with the Minister and find a solution where offenders have already carried out that change.
In response to BBC FOI requests, neither the Passport Office nor the DVLA was able to provide detailed answers about how often they actually use these measures. The deed poll records team at the Royal Courts of Justice said that
“we simply enrol the change of name applications completed by the applicants.”
That is a very passive position to take. They did say that they would
“check for particular change of name for specific year when a Data Protection Act request had been received”.
Again, that requires police or Ministers to proactively ask for that information, which a sex offender can just change without any restraint. I understand that there may be sensitive information linked to such requests, but parliamentarians and the public must be assured that systems are being used effectively.
I appreciate that electronically flagging every registered sex offender’s file requires additional resources, but surely preventing the risk of more offences would be worth the costs. To be clear, when sex offenders are no longer on the register, such a requirement would not be necessary, in my opinion. However, the current system is being exploited by hundreds of sex offenders, and action needs to be taken now.
I am not asking for a ban on all registered sex offenders changing their name. We must take a nuanced approach, and in any case how would we monitor the scheme if the responsibility were left to them? Circumstances differ, and we must allow police the operational independence to make decisions as to whether offenders should be able to change their name. However, where such decisions are made, victims and survivors must be informed, safeguarding must be prioritised and the systems must be joined up so that registered offenders can be tracked regardless of the name they use.
“once again that young abused scared little girl—that no one protected.”
We are told this is a loophole in the Disclosure and Barring Service which can perhaps be fixed, but I am going to call it what it is. This is a grotesque injustice to victims—victims whom we failed and victims whom we will fail again if we allow the law to pretend that the crimes of sexual offenders like Clive Bundy can be expunged by deed poll and never referred to again.
The question of whether Claire Fox is a continuing threat to society is a matter for the Parole Board, and this is an issue that I will be pursuing with the relevant Minister through separate avenues, but today’s debate is about whether sex offenders can erase their identities. The rights of victims and the vulnerable matter more than the rights of serial child sex offenders. We all know that that is the case. I therefore ask the Minister to be brave enough to say that it is the case, and to have the courage to stand up and change the law for Joanna, and for Della, and for all those victims who will come after them if we do not act.