Chamber and committees

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

Table: The spend on employing temporary staff each year since 2012. To note, these figures relate to both agency staff and contractors.

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.

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

Disclosure Scotland regularly exceeds the Service Level Agreement to complete 90% of applications within 14 days. During 2022-2023 we completed 98% of applications within target and in 2023-2024 have so far delivered 95% within target. Disclosure Scotland monitors service delivery performance daily, while also utilising application volume forecasts and resource planning, to ensure that our Service Level Agreement is maintained.

As an Executive Agency of the Scottish Government, Disclosure Scotland presents its Annual Report and Accounts to Parliament each year. This includes information on performance.

The Scottish Government is committed to making sure that the necessary resources and support are available for professionals and volunteers working in child protection roles.

We are working with partners and the workforce who support children and families to improve the skills, knowledge and shared values of all those who contribute to the national outcomes for children, young people and families through the implementation of Getting It Right for Every Child, UN Convention of the Rights of the Child, The Promise, and through delivery of our Early Child Development Transformational Change Programme.

The National Guidance for Child Protection in Scotland was updated in August 2023 and supports everyone who works with children, young people and their families in Scotland by outlining responsibilities and expectations regarding child protection. The National Guidance will be updated as necessary to remain up to date with significant legislative, policy or practice changes.

Last year, we commissioned the Scottish Social Services Council to lead on a refresh of the Common Core training framework for the workforce providing support to children, young people and families. The Framework focuses on the core skills, values and learning the workforce requires to deliver holistic family support and rights-based practice in accordance with UNCRC and GIRFEC principles.

We have also worked with partners on the development of NHS Education for Scotland eLearning resources to support health professionals in their child and adult protection roles. In 2022 four eLearning modules were published on Turas Learn, thereby improving accessibility to high quality learning and consistency in practice across Scotland.

Furthermore, we continue to work with partners to support the workforce to develop a wider trauma-informed approach to the provision of care. As part of the National Trauma Transformation Programme (NTTP), we continue to rollout 'Transforming Connections', a tailored ‘Trauma-Skilled’ level training and coaching package, to people who work alongside care experienced children and young people in priority sectors of the Children and Families workforce in Scotland.

To support the child protection workforce with learning and development, the Scottish Government is funding a National Learning and Development Co-ordinator post for two years. The post holder has worked with a stakeholder group and Scottish Government colleagues refreshed the National Framework for Child Protection Learning and Development in Scotland, which was published on 1 March 2024, and to develop a range of resources for Child Protection Committees (CPCs) which will be made available on a Knowledge Hub site later in March 2024. CPCs are the key local bodies for developing, implementing and improving child protection strategy across and between agencies, bodies and the local community.

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

Disclosure Scotland run regular training courses aimed at organisations who work with children and young people and cover a range of topics regarding safeguarding and working with children and young people.

We also target newly registered organisations and signatories to ensure that they have a fuller understanding of safeguarding processes when they start to use disclosure products including the Protecting Vulnerable Groups (PVG) Scheme.

Since 2019, Disclosure Scotland have held 198 events to support organisations in understanding their legal duties in relation to PVG referrals about people who have displayed harmful behaviour towards children and young people. These have been attended by 1978 delegates from 979 different organisations.

We have also run 129 events entitled “Helping Employers Recruit Fairly” which aims to broaden the understanding of information disclosed by Disclosure Scotland, how to implement better risk assessment processes and make informed recruitment decisions. These have been attended by 1402 delegates from 390 different organisations.

All of Disclosure Scotland’s training products provide delegates with a range of materials to support their role in working with children and young people including links to downloadable guidance that is regularly reviewed and updated to ensure organisations have access to the most up to date information.

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

Disclosure Scotland is focused on providing reliable safeguarding outcomes for the public. It plans and regularly reviews service delivery performance to meet the Service Level Agreement. The process includes a range of system and human validation checks to ensure the accuracy of the information disclosed along with a comprehensive programme of training and performance management.

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

The following table details average number of days to process disclosure applications, by application type, from 2016 to 2023:

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

Disclosure Scotland leads the Scotland Works for You group. The group includes organisations from the public, private and third sector to improve access to employment for people with convictions.

Scotland Works for You offers advice for people with convictions, help with disclosure applications required for employment, education or volunteering, and training for employers to help them assess people's convictions. This guidance sets out that most disclosure periods and, in relation to standard, enhanced and PVG scheme record disclosures, the additional period a spent conviction can be disclosed is halved where a person was convicted aged under 18. Separate guidance is not provided specific to children.

As part of our responsibilities as a Corporate Parent, Disclosure Scotland has worked with Who Cares? Scotland and have produced some short videos providing information on key areas that have caused concern such as application completion and what the consideration for listing (barring) process is. This information is available on the "disclosure scotland" - Who Cares? Scotland (whocaresscotland.org) .

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

Disclosure Scotland work closely with organisations regarding supporting children and young people with information on the disclosure processes. This is to ensure that children and young people have the information they need to understand the disclosure process and to inform those supporting them on their journey. This work includes publication of information on supporting learners who have offended and what education practitioners should know as part of a suite of resources available on the Education Scotland website. We also collaborate with Who Cares? Scotland on disclosure matters and have produced some short videos providing information on key areas that have caused concern to care-experienced young people such as application completion and what the consideration for listing (barring) process is. This information is available on the "disclosure scotland" - Who Cares? Scotland (whocaresscotland.org) .

During the formal consideration for listing (barring) process, if Disclosure Scotland identify a potential vulnerability, we will engage with relevant professionals such as social workers, to ensure we are communicating with the individual in the most appropriate and supportive way.