When should charities make a referral to Disclosure Scotland?
Volunteers play such a crucial role in today’s society and make an excellent contribution to enhancing the lives of children and protected adults, however, what happens when this goes wrong? Would you know how to make a referral?
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. This includes both volunteers and members of staff.
What is classed as harmful behaviour?
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 actually doing anything directly.
Why should you refer to Disclosure Scotland?
Your duty to refer to Disclosure Scotland exists even when your organisation reports the same issue to regulators or the police.
It is a criminal offence, punishable by imprisonment and/or a financial penalty, if your organisation fails to refer an individual to Disclosure Scotland, when a referral ground is met. Your organisation may be reported to Police Scotland if you commit this offence.
Gerard Hart, Disclosure Scotland’s Chief Executive said:
"The responsibility to refer individuals to Disclosure Scotland is a crucial legal duty placed on organisations by the Scottish Parliament. It protects children and adults across Scotland when they are using essential services and are therefore often at their most vulnerable.
"This helps ensure that those who commit harmful behaviour towards children and protected adults are not given the chance to continue this behaviour – we will bar unsuitable people.
"Making referrals when the referral grounds are met also prevents your organisation from unintentionally committing a criminal offence, which Disclosure Scotland is obligated to report to the police.
"Contact Volunteer Scotland Disclosure Services (VSDS) for advice if you’re unsure whether you need to refer a specific case. By working together, help us make Scotland safer by fulfilling your 'duty to refer'."
Where can I find more information?
- You can find guidance for the voluntary sector on making referrals on Volunteer Scotland's website.
- You can also find guidance from Disclosure Scotland at mygov.scot/pvg-referrals or by watching this short video.
- Book your free recruitment and referrals training via Volunteer Scotland Disclosure Services (VSDS).
- Contact the VSDS Training and Compliance Team disclosures@volunteerscotland.org.uk for advice on specific cases.