Chamber and committees

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

Disclosure Scotland’s current forms of guidance are primarily available online as either informative webpages or downloadable documents. Where possible, we draft our guidance for a reading age of 9-11. Before these are published, we review both their form and content to ensure they are suitable for users of differing needs, this includes:

• compatibility with screen reading software,
• use of accessible colour schemes and text fonts for ease of reading,
• use of clear demonstrative graphics to illustrate key points and making using of Alt Text function to ensure these images can be understood by screen reading software.

We have also begun publishing short infographic guidance videos which summarise key points on safeguarding and the disclosure process for all stakeholders, ensuring that they follow the same accessibility principles laid out previously. These guidance videos include narrations and full captions.

We are reviewing the guidance and support we provide as part of the implementation work for the Disclosure (Scotland) Act 2020. Last year we collaborated with 102 organisations, including organisations who work with and advocate for children and young people, to review proposed new guidance, collect feedback on what improvements we can make and on what new forms of guidance would be effective in communicating any changes to safeguarding processes. This feedback from our stakeholders is informing the design of guidance and support that will be published for the implementation of the Disclosure (Scotland) Act 2020 for both organisations and individuals.

When making changes to our digital service delivery, we consider all aspects of the Digital Scotland Service Standard to ensure our digital system is built around different users and their needs and that they are accessible and inclusive for everyone. We are subject to independent assurance from the Digital Assurance Office with our public facing services to ensure we align to these standards. Although ‘digital first’ is our strategy for service delivery, not everyone can use digital Government services. We will deliver improvements to our assisted digital journey as part of the Disclosure Act implementation.

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.

Keeping children safe from child sexual abuse and exploitation, including online abuse, is a key priority for the Scottish Government.

We are committed to ensuring that our young people are safe online and our response is multi-faceted. It involves equipping children with the tools and skills they need to stay safe online, and supporting parents and carers to ensure that they have the information to guide children and recognise when a child is at risk. We equip professionals with the knowledge and skills to build children’s resilience, to recognise abuse and exploitation and respond with high quality support. This is accompanied by work to detect, disrupt and prosecute perpetrators and reduce re-offending.

In our schools, teachers deliver the technology experiences and outcomes area of the curriculum to provide learning on internet safety and cyber resilience. These help teachers support children to learn about the safe and responsible use of technologies, including the internet and social media, as part of their broad general education under our Curriculum for Excellence.

We are also committed to ensuring all children and young people receive high quality relationships and sexual health education to help them build safe and positive relationships as they grow older.

Public messaging is key in preventing online abuse. In March 2023, we re-ran our successful public awareness campaign which supported parents and carers to keep children safe online, emphasising the importance of talking regularly to children about online safety, setting safety measures and agreeing boundaries. The campaign had a strong impact on behaviour. Nine in ten of those who had seen the campaign reported taking action as a result of it, the highest rate of any Parent Club campaign.

This campaign linked to an Online Safety Hub on the SG Parent Club website, which provides information and advice on how to keep children safe from online harms.

Cross-Government workstreams collectively take action to prevent and protect children in Scotland from child sexual abuse and exploitation and provide appropriate support to victims and survivors of such abuse. This includes funding for a range of activity and programmes with a particular focus on prevention and early intervention. In particular, we provide funding to the Lucy Faithfull Foundation Scotland, to deliver online child sexual abuse prevention work.

The National Guidance for Child Protection in Scotland 2021, updated in 2023 supports frontline workers in their prevention roles by defining and clarifying the roles and responsibilities for everyone working with children and young people, setting out the foundation for protective action to keep young people safe from harms including sexual abuse and exploitation.

In terms of those that seek to cause harm online, we are working with Police Scotland to find effective ways to deter potential perpetrators from committing online abuse in the first place.

Though regulation of the internet is a reserved matter and falls to the UK Government, the Scottish Government is committed to securing the online safety of our children and young people which is why the First Minister urged the UK Government to include additional measures in the Online Safety Act 2023 to protect children and vulnerable adults online and go further to encourage tech firms to design out illegal and harmful material.

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.

Good progress is being made in implementing the national-guidance-child-protection-scotland-2021-updated-2023.pdf (www.gov.scot) , which was published in 2021 and updated in 2023.

A National Child Protection Guidance Implementation Group was established in September 2021 for a period of 2 years to provide strategic oversight and offer support to local areas as they implemented the national guidance. A Monitoring and Evaluation subgroup of this implementation group was established to consider how to evaluate local and national implementation of the Guidance. The subgroup developed a self-evaluation tool for local Child Protection Committees (CPCs) to assess progress with implementation. The tool was completed by all CPCs in Autumn 2023 and the findings were analysed by the Centre for Excellence in Children’s Care and Protection (CELCIS) with the support of Scottish Government and the Care Inspectorate. This analysis identifies where progress has been made and where continuing changes and adaptations are required, and will be published on the CELCIS website in the near future.

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

Higher level disclosures, those that can include the most sensitive information, can only be provided to organisations registered with Disclosure Scotland. Such organisations can register with Disclosure Scotland because they are legally entitled to request higher level disclosures. There are offences contained in disclosure legislation to prevent against disclosures being requested or used where there is no legal entitlement to do so.

Disclosure Scotland's Code of Practice is published by Scottish Ministers and details the legal obligations that organisations registered with Disclosure Scotland must comply with. This includes provision of information when registering with Disclosure Scotland to ensure that the person receiving disclosure information is suitable to do so and requirements on handling disclosure information.

Disclosure Scotland can carry out assurance and audit checks in relation to organisations registered to receive disclosure information and regularly do outreach to support organisations in meeting their responsibilities around handling disclosure information.

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

Disclosure Scotland has reviewed its letters, in connection with the consideration for listing (barring) process, to ensure they are written in Plain English and easier to understand. We have removed much of the ‘legal jargon’ where possible (not just for those who have experienced childhood trauma but for all individuals). We have also recently reviewed our letters which set out the reasons for listing to ensure these are easier to understand, again with less legal reference where possible. During the formal consideration process if we identify a potential vulnerability (which is not restricted to a history of care experience), Disclosure Scotland will reach out to relevant professionals, such as a social worker, to ensure we are communicating with the individual in the most appropriate and supportive way.

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.

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

The following table details processed 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:

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.