Della's Law: Closing the Loophole That Lets Sex Offenders Change Their Names

Over 900 sex offenders have gone missing from the police between 2017 and 2020, and thousands breach their notification requirements each year.

This is thanks to a legal loophole that allows registered sex offenders to change their names by deed poll. The Safeguarding Alliance have been striving to raise awareness of this issue as it is unnecessarily putting vulnerable people at risk.

According to them, this loophole renders both the Child Sex Offender Disclosure Scheme (also known as ‘Sarah’s Law’) and the Domestic Violence Disclosure Scheme (also known as ‘Claire’s Law’) ineffective and makes a mockery of the legal system.

The Loophole

The current process by which a registered sex offender can change their name by deed poll is far too simple, inexpensive, and unregulated. It is such an easy process; offenders can even do it from prison.

Under the Sexual Offences Act 2003, offenders are responsible for informing authorities of their name change. Failure to do so can lead to further prison sentences. But despite this, the system clearly doesn’t work.

This creates an incredibly dangerous situation as it means that sex offenders can acquire a DBS check under their new name and secure jobs working with children and vulnerable people, allowing them to re-offend.

Campaigners are hoping to introduce legislation that will close this loophole. Sarah Champion MP has proposed a new clause to the recently implemented ‘Police, Crime, Sentencing and Courts Bill’ called New Clause 24.

This clause is being called ‘Della’s Law’

Della’s Law

Della’s Law is named for Della Wright, a child sexual abuse survivor. She decided to waive her right to anonymity to share her story to raise awareness of this loophole.

When Della was 6 or 7 years old, a known sexual offender came to live in her home and became one of her primary caregivers. Della was then subjected to some of the most heinous crimes imaginable, leaving her suffering with Post Traumatic Stress Disorder.

As an adult, Della found the courage to report the crimes. She was made aware that the individual was already known to police and he had committed further offences against an unknown number of victims.

Della learned that the perpetrator had changed his name more than 5 times before her case was finally brought to court. To add further stress, he then decided to change his name between the time he was charged and his plea hearing in court. This further slowed down the court process adding additional trauma for Della.

Della is now a ‘Survivor Ambassador’ for The Safeguarding Alliance and is campaigning for the legal loophole allowing the name changes to be closed.

New Legislation

Della’s Law doesn’t explicitly provide a framework for how to close the loophole. The amendment would force the Home Secretary to carry out a review of the issue and propose solutions for how to fix it. This would need to be done within 12 months of Della’s Law being passed.

UK Government has accepted the amendments, but it is unclear at the moment when it will be written into law. As it stands, it will be at least 12 months before the loophole can be closed.

The issue is due to be debated in Parliament on the 2nd of March at 11am. The Safeguard Alliance are calling on the public to write to their local MPs to ask them to attend and support the amendment. You can download their letter template on this page.