The Disclosure (Scotland) Act 2020 changes – are you ready?
The Disclosure Act will improve the disclosure system in Scotland by removing unnecessary barriers for people with convictions as they seek employment or other opportunities and enhance the Protecting Vulnerable Groups (PVG) scheme.
Some of the Disclosure Act provisions are in force already, laying the groundwork for implementation of the remainder of the Disclosure Act, which will be delivered in four phases:
Phase one: 30 September 2024
From the 30 September 2024, there will be new powers for local authorities and Integration Joint Boards to make referrals to Disclosure Scotland. These powers will be available in certain circumstances, for example, during formal child and adult protection investigations where local authorities find evidence of harm of vulnerable people. This provision will enhance safeguarding, particularly in a self-directed support environment, where there is often no employer to make a referral.
Phase two: 01 April 2025
From 01 April 2025, you will see :
- the introduction of simplified disclosure products and people having more control over their information
- an individualised approach to the disclosure of childhood offending and rights of review for convictions disclosed, to enhance fairness and proportionality
- the PVG scheme becoming mandatory for those carrying out regulated roles with children and protected adults
Phase three: Late 2025
From late 2025, Disclosure Scotland will have the ability to impose conditions on PVG scheme members who are under consideration for listing.
Disclosure Scotland has postponed implementation of this power to:
- further engage with stakeholders, such as professional regulatory bodies (who have similar powers within their sectors), to ensure that their ability to impose conditions is robust, proportionate and integrates within the wider safeguarding landscape
- provide their stakeholders and customers with time to prepare for the changes required to adhere to conditions applied on scheme members under consideration for listing
Conditions will not be applied in every case. These will only be applied where it is necessary to safeguard vulnerable groups. Disclosure Scotland will advise on the exact date for this coming into force as soon as possible.
Phase four: 01 April 2026
From 01 April 2026, lifetime membership of the PVG scheme will be replaced by time-limited scheme membership, with renewal required every five years. Disclosure Scotland will engage with stakeholders further to understand what is required for the transition of existing scheme members to time limited membership. Further details on transitional arrangements will be provided as soon as possible.
Disclosure Scotland will continue their work on implementation in a collaborative manner and with their stakeholders’ participation informing product design.
Your duty to Refer
If your organisation has individuals doing regulated work (people who work with vulnerable children and adults) you have a legal duty to report any harmful behaviour carried out by them to Disclosure Scotland.
You must make a referral when an individual has shown to have:
- harmed a child or protected adult
- placed a child or protected adult at risk of harm
- displayed inappropriate behaviour involving pornography
- displayed inappropriate behaviour of a sexual nature involving a child or protected adult
- given inappropriate medical treatment to a child or protected adult.
And, as a result, your organisation has:
- dismissed the individual
- would or might have dismissed the individual but they left before you could do this
- has permanently moved the individual away from regulated work with children or protected adults.
There are different ways 'harm' can be defined. It's important to remember that people can cause a risk of harm without doing anything directly.
Disclosure Scotland would like to thank CHAS for its recent involvement in a Duty to Refer video, highlighting the importance of Duty to refer in the care sector. The video will be published on all their social media channels in early September, along with more information about the organisational Duty to Refer.
Need more information?
You can find guidance on making referrals on the Volunteer Scotland Disclosure Services website and on the Disclosure Scotland website. If you’re unsure whether to make a referral, contact the VSDS Training and Compliance team for help.