Disclosure Scotland Evolution: What You Need To Know

In Episode 4 of EBC Global’s Webinar Series, we explore the extensive changes brought about by the Disclosure (Scotland) Act 2024, including those already implemented, currently underway, and still to come over the coming months and years.

Whether you’re new to Disclosure Scotland or looking to optimise your existing processes, this episode is packed with actionable tips to help ensure compliance and keep up to date with new requirements coming into force.

Missed the webinar? No worries! You can watch it here to get the full picture.

What is Disclosure Scotland?

Disclosure Scotland is an executive agency of the Scottish Government that provides criminal record checks to help employers make safer recruitment decisions. They also manage the Protecting Vulnerable Groups (PVG) Scheme to ensure unsuitable individuals are prevented from working with vulnerable groups in Scotland.

What is the PVG?

The Protecting Vulnerable Groups (PVG) scheme is designed to safeguard children and vulnerable adults by ensuring that individuals who are unsuitable for regulated work with these groups are identified and barred. The PVG scheme involves comprehensive criminal record checks and continuous monitoring of members to detect any new information that might affect their suitability.

A Brief History of Disclosure Scotland

• Established in April 2002
• Initially supported Enhanced, Standard and Basic Disclosures
• Evolved to include the PVG scheme in Feb 2011

Introduction to the Disclosure (Scotland) Act 2020

• Enacted to modernise the disclosure system
• Simplify applications
• Streamline reporting process

Reasons for the New Legislation

• Provide greater control for applicants over their disclosures
• To balance public protection with the need for rehabilitation
• Need for better safeguarding of children and vulnerable adults

Key Changes in The Disclosure (Scotland) Act 2020

Reduction in the number of disclosure products:

• Consolidating disclosure levels into two types: Level 1 & Level 2.

Enhanced control for applicants over their information:

• Allows candidates to review and dispute information before sharing.
• Updates to 24/7 Online Account service – no paper, instant online result sharing, moving from Scot to ScotAccount website.

Mandatory the safeguarding PVG scheme for regulated roles:

• All people working with regulated roles are to be PVG scheme members.
• “Confirmation of PVG scheme membership” (without conviction information) replaces the statement of scheme membership.
• Designed to be more efficient and less intrusive

Individualised fair approach to childhood offending disclosure:

• Childhood convictions are now assessed on a case-by-case basis – context and relevance are considered before deciding whether to “disclose”.

Duty to Refer requirement for organisations:

• Obligates organisations to refer individuals to Disclosure Scotland if they pose a risk to vulnerable groups

Disclosure Scotland Implementation Timeline

In the next section of this blog, we’ll dive into the implementation timeline for the Disclosure (Scotland) Act 2020, a crucial aspect for organisations preparing to adapt to these new regulations. One of the most significant milestones is set for April 2025, when the major changes will take full effect, impacting how disclosures are handled across Scotland. Beyond April, ongoing enhancements will be introduced post-2025, aimed at further refining the disclosure process and ensuring that organizations remain compliant with evolving safeguarding standards. This timeline is essential for planning and aligning internal processes, so let’s look at what to expect and how to stay prepared.

Key dates and milestones

• July 2020: received Royal Assent.
• September 30th, 2024: New referral powers for local authorities and Integration Joint Boards introduced.
• Nov 18th, 2024: PVG online only for all applications and results
• April 1st, 2025: Key date for most changes under the Act

Major changes effective from 1 April 2025

• Reduction in disclosure products
• Enhanced applicant control
• Mandatory PVG scheme
• Individualised childhood offending disclosure
• Duty to Refer – additional measures and clarifications
• Introduction of fee increases to be announced following public consultation

Future changes post-2025

• Q4 2025: New powers to impose conditions on PVG scheme members under consideration for listing.
• 1 April 2026: Transition to time-limited PVG scheme membership, requiring renewal every five years instead of life membership

Key Impacts on Organisations and Individuals

We explored the key impacts that the Disclosure (Scotland) Act 2020 will have on both organisations and individuals. These changes are designed to create a more streamlined, safer, and better-controlled disclosure process, benefiting employers, employees, and those who rely on these services.

Impact on Individuals

For individuals, it brings more transparency, greater privacy protections, and an improved experience throughout the disclosure process. This section will cover what these changes mean in practical terms and provide insights on how to prepare for a smoother transition into the new system.

Enhanced Control over Personal Information:

• Clear guidance on accessing and managing personal disclosure data
• Ability to review / dispute disclosure information before it is shared
• Online “Disclosure Dispute Form” available to submit requests

Fairer Disclosure of Childhood Offences:

• Individual assessment of childhood convictions – case-by-case
• Consideration of the context and relevance of past offences

Simplified Disclosure Scotland Process:

• Fewer disclosure products, making the system easier to navigate
• Streamlined application process for quicker results

Fee Changes:

• Fees to be discounted rather than waived for volunteers
• PVG Fees to be discounted rather than waived for benefit recipients
• PVG Fees to be discounted for young carers

Impact on Employers In Scotland

For organisations who are recruiting and hiring in Scotland, particularly those in regulated activities, there are many changes to think about and prepare for.

Primarily, this will involve updating policies and procedures, preparing for the new Mandatory Safeguarding PVG Rules, providing staff training, and increasing understanding and awareness of the new Legal Duty to Refer individuals to Disclosure Scotland for potential barring decisions. Additionally, employers will need to prepare templates, such as job descriptions and advertisements, to reflect the new disclosure requirements. Furthermore, budgeting should be considered due to the steep increase in disclosure fees and PVG membership.

Proposed Fees (TBC Q4 2024):

• Level 1 – £25
• Level 2 – £35
• PVG registrations – £70 (all memberships to be renewed 5-yearly)
• PVG confirmations (formerly statements) – £18

Duty to Refer becomes more important than ever for organisations in Scotland, with clear protocols and legal requirements for referring individuals coming into place in April 2025.

Organisations must report an individual, not only PVG Scheme Members if they have:

• Harmed a child or protected adult.
• Placed a child or protected adult at risk of harm.
• Displayed inappropriate behaviour involving pornography.
• Displayed sexual behaviour involving a child or protected adult.
• Provided inappropriate medical treatment to a child or protected adult.

Employers in Scotland must implement clear and comprehensive training, policies, and processes as soon as possible to ensure compliance with their legal duty and, more importantly, to protect children and vulnerable adults in regulated settings.

Impact On Background Screening Companies

There will be similar requirements for background screening companies as for Scottish employers in terms of adapting to the new Disclosure products and preparing to support customers and candidates in preparation for the April 2025 changes.

Adaptation to New Disclosure Scotland Products:

• Transition to offering Level 1 and Level 2 disclosures.
• Ensuring compliance with the updated disclosure system.
• Communicating Disclosure and PVG Fee Changes

Enhanced Applicant Support:

• Providing clear instructions for applicants on managing disclosure information.
• Assisting applicants with the review and dispute process.

Compliance and Monitoring:

• Regular audits to ensure adherence to Disclosure Scotland requirements.
• Updating practices – feedback from Disclosure Scotland audits and reviews.

Fee Changes:

• Annual fee increase for umbrella bodies & accredited bodies (RBs & ROs)
• £120/yr, up from £75 (no change to £15 fee for adding counter signatories)

Implementation and Compliance

We delved into several essential areas impacted by the Disclosure (Scotland) Act 2020: compliance, training, accessibility, and ethical considerations. With the updated regulations, organisations will need to ensure their practices meet the new compliance standards, which may require revisiting current policies and establishing thorough training programs for staff involved in the disclosure process.

Accessibility is also a focal point, as organisations must understand how to navigate and access the disclosure system efficiently under the new framework. Ethical considerations, including the balance between safeguarding and individual privacy, are at the heart of these changes, ensuring that the disclosure process remains fair and respectful. This section will guide you in integrating these critical aspects into your organisation’s approach to the updated disclosure requirements.

Adherence to Code of Practice:

Employers must ensure they use all information obtained through disclosure checks properly and lawfully. This means adhering to the principles of the Data Protection Act 2018 and GDPR, handling information securely, and disposing of it appropriately.

Employers should implement a privacy policy detailing how they handle, retain, store, and destroy disclosure information. It’s crucial to delete PVG (Protecting Vulnerable Groups) data when the required activity ceases for the organization, ensuring compliance with data protection regulations.

Training:

It’s essential to inform and train staff about the changes brought by the Disclosure (Scotland) Act 2020. Both new and existing staff should understand the risks and responsibilities associated with handling disclosure information. This training should cover the legal requirements (especially the legal Duty to Refer), the importance of data security, and the procedures for managing disclosure information.

How To Access To Disclosure Scotland:

Employers have several options for accessing disclosure checks. They can use an Umbrella Body, which acts on behalf of multiple organisations to process applications covering all levels of disclosures. Alternatively, they can become a Registered Body, allowing them to submit disclosure applications directly, providing they have a sufficient volume of checks annually.

Another option is to use an Accredited Body or Responsible Body, which is an organisation approved to carry out Level 1 / Basic disclosure checks. EBC Global is a Responsible Body. http://ebcglobal.co.uk/memberships-and-registrations/

Each of these options has its own set of requirements and processes, so employers should choose the one that best fits their needs and ensures compliance with the new act.

Disclosure Scotland Ethical Considerations:

Employers must approach the recruitment of ex-offenders with fairness and transparency. This involves conducting case reviews to ensure consistent and ethical decision-making. It’s important to maintain consistency and fairness, treating all individuals equally.

Summary of Key Changes to the Disclosure Scotland Act

• Changes to Disclosure types
• Changes to PVG scheme membership
• PVG Scheme Going Paperless with Online Accounts
• Enhanced Control for Applicants
• Legal “Duty to Refer” for Organisations
• New powers for Disclosure Scotland
• New powers for Councils and Integration Boards
• Fee changes will be announced soon.

What’s Next?

In our final segment, we hinted at exciting upcoming webinars in the series. Mark your calendars for the next episode:

Protect and Comply: The Essential Role of Vetting in the Worker Protection Act and ECCTA

🗓️ Date: 3^rd December 2024

⏰ Time: 12:00 PM (UK Time)

🔗 Register Here

Don’t miss out — follow us on LinkedIn and subscribe to our mailing list for the latest updates as we continue enhancing our platform’s capabilities.

Don’t forget to tune in to the previous episodes of our webinar series if you haven’t already—they’re packed with insights on compliance, background checks, and the latest industry updates!

Chat with the Team!

Have questions? Need personalised guidance? Our team is here to help! Whether you’re navigating the Disclosure Scotland screening or want to explore how our platform can simplify your screening processes, we’re just a message away.

Reach out via email or schedule a one-on-one call with one of our experts. We’re passionate about helping you stay compliant, efficient, and ahead of the curve!

Q&A

Q: Can you explain the new referral powers for local authorities and Integration Joint Boards, and how they will enhance the safeguarding of vulnerable groups?

A: The Disclosure (Scotland) Act 2020 introduced significant new powers for local authorities and Integration Joint Boards (IJBs) to enhance the safeguarding of vulnerable groups. As of 30th September 2024, local authorities, councils, and Integration Boards hold the power to make referrals to Disclosure Scotland in specific circumstances, particularly during formal child and adult protection investigations.

These new referral powers are crucial in environments where vulnerable individuals, such as children and protected adults, are at risk, especially in self-directed support settings where there may not be an employer to make such referrals. This change ensures that local authorities or IJBs can promptly report any evidence of harm or risk to Disclosure Scotland, initiating appropriate safeguarding measures.

By empowering local authorities and IJBs with these referral capabilities, the Act aims to create a more robust and responsive safeguarding framework. This is particularly important in scenarios where vulnerable individuals manage their care arrangements, ensuring they receive the necessary protection and support. These new powers are a vital step towards strengthening the safeguarding infrastructure in Scotland, providing better protection for those who are most at risk.

Q: What support and resources are available for organisations to prepare for the changes coming into effect on 1 April 2025?

A: There is a lot of information available online. Here are some of the most helpful links to official sources:

• Changes to Disclosure Scotland services https://www.disclosure.gov.scot/changes
• Disclosure (Scotland) Act 2020 Summary Implementing the Disclosure (Scotland) Act 2020 – Disclosure Scotland
• Disclosure Scotland Code of Practice https://www.mygov.scot/disclosure-code-of-practice