Disclosure Scotland

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(No Transcript)
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The Part V Philosophy

• To Strengthen the Safeguards for the Protection
  of Children and Vulnerable Adults

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Composition of Seminar

• Previous Process
• Part V of the Police Act 1997
• Disclosure Scotland
• Registered Bodies / Persons
• Registration Process
• Code of Practice / Guidance
• Disclosure Bureau / Application Process
• Disclosure Fees
• Questions

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Previous Process
Access provided by Police (CC) Circular
No.4 1989 for persons seeking employment in Local
Authority Education Social Work departments,
and Health Service personnel with substantial
access to children
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Part V of the Police Act 1997Aims of the
legislation
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Part V of the Police Act 1997Aims of the
legislation

• To increase protection of children vulnerable
  adults within society
• To widen access to data and information to assist
  protection
• To enable a more informed recruitment decision to
  protect customers, staff, volunteers and
  organisations

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Disclosure Scotland
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Disclosure Scotland

• New service provided by the Scottish Executive
• Joint commercial partnership with BT
• Onus on individual to apply
• Commenced 29th April 2002

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Disclosure Scotland

• A commitment to making Scotland safe for all
  citizens, and in particular,
• to strengthen the safeguards for the protection
  of children and vulnerable adults

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Who Will Be Affected?

• Those agencies who were under the old disclosure
  arrangements
• Other public sector organisations
• Private sector companies
• Voluntary organisations
• General public
• Scottish Police Service

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Levels of Disclosure

• Basic
• Standard
• Enhanced

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Basic Disclosure

• For any purpose no restrictions on potential
  use
• Applied for and provided to individuals (not to
  actual or prospective employers)
• Will contain unspent convictions on central
  records or state there are no convictions
• Will attract a fee of 13.60
• Available later in 2002

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Standard Disclosure

• Intended to assist when deciding on a persons
  suitability for a post where duties involve
  regular contact with children, the elderly, sick
  or handicapped people
• Applicants for posts which involve regular
  contact with children or vulnerable adults and
  which are exempt in terms of the Rehabilitation
  of Offenders Act 1974 and Crown employees

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Standard Disclosure

• Professional groups in health, pharmacy law
• Senior managers in banking finance

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Standard Disclosure

• Will detail unspent and spent convictions sourced
  from central records or state that there are no
  convictions
• Application countersigned by a Registered Body
• Supplied direct to applicant , copied to
  Registered Body
• Will attract a fee of 13.60
• Available from April 2002

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Enhanced Disclosure

• Available for positions for which an exempted
  question may be asked under the terms of the
  Rehabilitation of Offenders Act 1974
• Posts which involve regularly caring for,
  supervising, training or being in sole charge of
  children or vulnerable adults
• Applicants for various gaming and lotteries
  licences
• Applicants for registration in childminding and
  day care
• Positions of foster parents or carers

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Enhanced Disclosure

• Will include spent and unspent convictions on
  central records or state there are no convictions
• It may include non-conviction information which,
  in the opinion of a Chief Constable, might be
  relevant for the position concerned.
• Application countersigned by a Registered Body

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Enhanced Disclosure

• Supplied direct to applicant, copied to
  Registered Body
• Will attract a fee of 13.60
• Available from April 2002

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Registered Bodies / Persons
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Registration

• Registered Bodies
• Likely to ask about convictions, conduct or
  circumstances (exempted question)
• Countersign Standard and Enhanced Disclosure
  applications
• May countersign applications on behalf of other
  bodies

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Registered Bodies

• Require to register in advance with Disclosure
  Scotland
• Nominate a lead signatory and, where
  appropriate, a countersignatory
• Should have a written policy on handling
  Disclosure information
• Expected to take all reasonable steps to confirm
  identity of applicants

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Registered Bodies

• Need to comply with a Code of Practice and be
  subject to compliance checks by Disclosure
  Scotland
• Registration commenced in March 2002

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Registered Person

• Lead signatory or countersignatory (where
  appropriate) within a Registered Body
• Will be point of contact between Registered Body
  and Disclosure Scotland
• Will be subject to checks by Disclosure Scotland
• Required to comply with Code of Practice

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Registration Process
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Registration Process

• Receipt of application by Disclosure Scotland
• Verification of existence of organisation
• Fee payment cleared
• Acceptance on Register

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Code of Practice
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Code of Practice

• Governs the use of information supplied under the
  Disclosure Scotland service
• All recipients of Disclosure details must comply
  with the Code
• Disclosure information to be used properly and
  fairly
• Disclosure information to be retained and
  disposed of appropriately

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Code of Practice

• Registered Bodies must be satisfied that those on
  whose behalf they are countersigning applications
  are entitled to receive Disclosure information
• Disclosure information must not be used for any
  other purposes than those for which it has been
  provided

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Code of Practice

• Information must only be disclosed on a
  need-to-know basis
• Disclosure information must be destroyed
  timeously and in a secure manner

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Code of Practice
Code of Practice

• Registered Bodies should have a written policy on
  handling, holding and destroying Disclosure
  information
• Disclosure Scotland has the right to refuse to
  issue Disclosure information for failure to
  comply with Code of Practice
• Guidance available on Code of Practice

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Disclosure Bureau / Application
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Disclosure Bureau

• New Bureau within the Scottish Criminal Record
  Office
• Responsible for processing applications for all
  Disclosures
• Will utilise central databases
• SCRO Criminal History System
• Police National Computer
• The Consultancy Index for Scotland
• Will liaise with Police forces on non-conviction
  information

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Disclosure Application

• When an individual has been offered a post, the
  Registered Body will ask that individual to
  provide the appropriate level of Disclosure
• Availability of application forms
• Registered Body
• Disclosure Scotland
• Post
• Fax
• E-mail
• Telephone
• World Wide Web (future development)

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Disclosure Application

• Application to be completed by the individual
• Signed application form and fee (where
  appropriate) returned to the Registered Body for
  countersignature and forwarding to Disclosure
  Scotland
• Flexibility of Payment Methods

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Disclosure Application

• Disclosure Scotland to check correct completion
  of application form / provision of fee
• Disclosure Scotland checks Central Records
• Application sent to relevant Chief Constable(s)
  if appropriate
• Disclosure printed and sent to applicant and copy
  sent to counter-signatory

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Disclosure Fees
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Disclosure Fees

• Disclosure process to be self financing
• All disclosures are 13.60
• Standard Enhanced fees to be paid by either
  applicant or Registered Body
• Payment methods will be as flexible as possible

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Disclosure Scotland
Questions ?