Disclosure

Disclosure Scotland

Disclosure Scotland Update Screening of Housing Support Services Staff Members and Volunteers

Introduction - This briefing is aimed at providers of housing support who employ staff or volunteers in positions that require their criminal records to be screened. It is based on information provided by Disclosure Scotland and the Central Registered Body in Scotland and covers:

• What Disclosure is
• Registered bodies
• Disclosure and contracts

Disclosure Scotland

Disclosure Scotland provides potential employers with criminal history information on individuals applying for posts. Disclosure Scotland issues certificates - known as "Disclosures" - which give details of an individual's criminal convictions or states that they have none.

Employers can request a basic Disclosure from a candidate when a provisional offer of employment or a volunteer post is made.

There are 3 types of Disclosures available under the Disclosure Scotland Service:

Basic Disclosures

A Basic Disclosure contains details of convictions considered unspent under the Rehabilitation of Offenders Act 1974. They are available to anyone for any purpose, on payment of an appropriate fee. This type of Disclosure is only issued to the applicant. It is not job-specific and may be used more than once.

Any individual can apply for a basic Disclosure and employers can ask to see a copy - this can act as a check that information given in the Criminal Declaration part of a job application from was full and accurate.

Standard Disclosures

The intermediate level of Disclosure is the Standard Disclosure. This includes convictions held on central records but includes both spent and unspent convictions. This means that even minor convictions, perhaps dating from years ago, are included on the Disclosure. The Standard Disclosure is available on payment of the appropriate fee, subject to the application first being countersigned by a registered person (usually the potential employer or voluntary organisation).

The main categories of occupations etc for which a Standard Disclosure may be required are:

• those involving regular contact with children and vulnerable adults;
• those checked in the interests of national security;
• those involved in the administration of law;
• those applying for firearms, explosives and gaming licenses;
• professional groups in health, pharmacy and law;
• senior managers in banking and financial services.

A Standard Disclosure is sent to the applicant, and a copy sent to the relevant registered body.

Enhanced Disclosures

In addition to the details included in Standard Disclosures, Enhanced Disclosures may contain non conviction information which a Chief Constable may choose to disclose, which he feels is relevant to the job or voluntary work sought.

This type of Disclosure is available to:

• those who apply for work that regularly involves caring for, training, supervising or being in sole charge of children or vulnerable adults;
• applicants for various gaming and lottery licenses;
• those seeking judicial appointment;
• Applicants for registration for child minding, day care and to act as foster parents or carers.

Registered Bodies

To get a Disclosure an individual must apply to Disclosure Scotland. Individuals applying for a Standard or Enhanced Disclosure Certificate must have that application countersigned by a body that is registered with Disclosure Scotland. This means that self-employed housing support workers may have some difficulty in undergoing standard or enhanced disclosure as an individual may not apply - the application must be countersigned by a registered body.

Under the Rehabilitation of Offenders Act 1974, some types of convictions are considered spent after a number of years which means candidates no longer have to declare them on job application forms. However, for some posts, candidates are required to disclose even spent convictions.

A person or organisation that is likely to ask about spent convictions or acts on behalf of groups or individuals asking about spent convictions, may apply to be registered with Disclosure Scotland. Also, any individual who employs others in the course of a business and is likely to ask about spent convictions may apply to become a registered body.

It costs £150 for an organisation to become a Registered Body (including one countersignatory) and £10 for each additional countersignatory. The fee for Disclosures is £20.00. This applies to all levels of Disclosure.

Disclosure and Volunteers

The Central Registered Body in Scotland (CRBS) was established by the Scottish Executive to provide free Disclosures (police checks) for volunteers in the voluntary sector working with children, young people and vulnerable adults.

Free checks are only available for volunteers working within the voluntary sector.

Agency staff

Providers that use agency staff have had to enter into agreements with Agencies to ensure that agency staff have been checked and they come to work with this assurance in terms of disclosure.

Disclosure and Supporting People Contract

There has been some discussion between local authorities and providers about how Disclosure should be addressed in the Supporting People Contracts. The Unit contacted Andrew Morall, Compliance Manager with Disclosure Scotland in November 2005to find out what the legal position is and received the following response:

"It is important to remember that there are a wide range of services provided within Housing Support. Not all positions within this sector are positions which fall within the remit of The Rehabilitation Of Offenders Act 1974 (Exclusions and Exceptions )(Scotland) Order 2003.Positions such as maintenance posts are not excepted positions and therefore Standard and Enhanced Disclosures are not applicable to these people. They can however be requested to supply a Basic Disclosure. To obtain Standard and Enhanced Disclosures Organisations require to be able to ask the exempted question as laid down in schedule 4 of the aforementioned legislation or carry out care duties as defined by The Regulation Of Care(Scotland) Act 2001 or a child care position as defined by The Protection Of Children(Scotland) Act 2003.

Regular contact with children or vulnerable adults does not in itself mean that an organisation can obtain Standard and Enhanced Disclosures. Housing Support Organisations require to be aware of the legislation and ensure they have the correct level of Disclosure requested to comply with legislation.

Local Authorities are legally entitled to request Organisations obtain Disclosure within the contract but again this must meet the legislation. If Housing Support Organisations believe the levels of Disclosure requested are incorrect they must discuss this with the Local Authority because otherwise organisations may be inadvertantly breaking the law by asking the exempted question where not applicable. The Protection of Vulnerable Adults legislation has passed the consultation stage and will be introduced in the future. This legislation will definitely expand the types of positions with currently excepted posts."

Further information on the Supporting People contract framework and guidance, including revised clauses on Disclosure can be found on the Unit’s website under Information/Supporting People National Contracting Framework or be clicking here.

For more information contact:

Disclosure Scotland
PO Box 250
Glasgow G51 1YU.

Tel: 0870 609 6006
Email: info@disclosurescotland.co.uk
Website: www.disclosurescotland.co.uk

Central Registered Body in Scotland
Unit 55, Stirling Enterprise Park
Stirling FK7 7RP

Tel: 01786 849777
Email: info@crbs.org.uk
Website: www.crbs.org.uk

Apex Scotland
9 Great Stuart Street
Edinburgh EH3 7TP

Tel: 0131 220 0130
Email: admin@apexscotland.org.uk
Website: www.apexscotland.org.uk

Top of page