Chamber and committees

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

The Age of Criminal Responsibility (Scotland) Act 2019 raised the age of criminal responsibility from 8 to 12 years old in Scotland. The Act sets out that information relating to a time before a person was 12 years old cannot be automatically disclosed on enhanced or PVG level disclosures without first being reviewed by the Independent Reviewer. As part of making their decision about the disclosure of pre-12 information, the Independent Reviewer must give the applicant the opportunity to make representations. The Independent Reviewer must take into account any representations made.

Under the Protection of Vulnerable Groups (Scotland) Act 2007, before making a decision to bar an individual from ‘regulated work’ with children or adults, Disclosure Scotland must give the individual an opportunity to make representations as to why they should not be listed. Disclosure Scotland must consider any such representations.

The Disclosure (Scotland) Act 2020 will allow applicants to challenge the disclosure of certain information, including ‘spent’ children’s hearing outcomes and convictions accrued in childhood, before it is shared with an employer. The applicant will be able to ask Disclosure Scotland to arrange for the Independent Reviewer to carry out a review of the disclosure of the spent childhood convictions or children’s hearing outcomes. As part of their review, the Independent Reviewer must give the applicant the opportunity to make representations and must take any such representation into account when making their decision.