To ask the Scottish Executive for what reasons it considers it reasonable for each local authority to require a different disclosure arrangement for each supply teacher when the relevant teacher has a record of service in other local authority areas where disclosure has taken place.
There is no requirement in the Police Act 1997 (the legislation under which Disclosure Scotland operates) for criminal record checks to be carried out. It is, however, an offence (under the Protection of Children (Scotland) Act 2003) for an employer to offer such work to someone who is disqualified. It is also an offence for someone who is disqualified from working with children to seek work in a child care post in Scotland. Teaching is a child care post and a prospective employer would have to be satisfied that an offence was not being committed with regard to a new member of staff.
Current Disclosure Scotland checks are not transferable because they are post‘specific meaning that their content could vary from employer to employer. Also, employers cannot share certificates with each other. The subject of the check can show his or her certificate to anyone but that does not mean that a future employer would be willing to accept one from an earlier date.
Under arrangements to be introduced next year, teachers “ and others working with vulnerable groups “ will apply once to join the new Protecting Vulnerable Groups Scheme. Once they are a member of this scheme, employers would be notified of any change in the disclosure status of their employees. Any new employer would be able to perform a simple check to ensure that a prospective new employee to work with vulnerable groups is already a member of the scheme.
A Disclosure Scotland check is one aspect of good recruitment practice and it should be used in conjunction with interviewing, taking up references and exploring career history. Local authority recruitment policy and employment decisions are matters for councils and it would not be appropriate for ministers to comment on either.