Question reference: S6W-25770
- Asked by: Martin Whitfield, MSP for South Scotland, Scottish Labour
- Date lodged: 26 February 2024
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Current status: Answered by Natalie Don on 13 March 2024
Question
To ask the Scottish Government how the views and experiences of children and young people are taken into account when reviewing and improving the disclosure process.
Answer
I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:
Three recent Acts of the Scottish Parliament - the Management of Offenders (Scotland Act 2019, the Age of Criminal Responsibility (Scotland) Act 2019 and the Disclosure (Scotland) Act 2020 - have changed the disclosure process in relation to the wellbeing and future life chances of children who have been involved in the children’s hearings system or criminal justice system.
Per Scottish Government policy, Children’s Rights and Wellbeing Impact Assessments have informed policy development and involved children and young people in evidence-gathering and decision-making.
Children and young people were spoken to directly though engagement with them at the Young Offender Institution (YOI) Polmont, the Scottish Youth Parliament, Children's Parliament, Who Cares? Scotland, Youth Advantage Outreach, Up-2-Us, Sacro, Youth Just Us, Life Changes Trust and Kibble, Good Shepherd, St Mary’s Kenmure and Rossie Young People’s Trust secure accommodation. The methods used to engage and record views ranged from scenario storytelling to quizzes, timelines, discussion groups, voting cards, games and artwork. Their views were recorded and applied to impact assessment of the policies.
New processes for review applications under the Disclosure (Scotland) Act 2020 are due to be implemented in April 2025. Disclosure Scotland is engaging with Who Cares? Scotland, Children and Young People's Centre for Justice and Clan Childlaw about the effect on people who had justice-experience in childhood. Following engagement with children who had been brought into the PVG Scheme, the Disclosure Act raises the minimum age for accessing most disclosure types to 16 years old.