FOI/202600521972 · FOI · not held
Disclosure Scotland Protection of Vulnerable Groups (PVG) information: FOI release
Information requested
1) How do you arrive at your decisions regarding who to list and disbar?
2) How many people are involved in making each decision and what are their job titles?
3) What training is given to staff to help them arrive at the correct decision?
4) What training are staff given to communicate their decision?
5) What consideration is given in how these decisions are communicated to the individual?
6) A copy of Disclosure Scotland's current policy or policy statement on trauma-informed practice and the reduction of traumatization.
Response
I enclose a copy of most of the information you requested.
The answer to your question is:
1) How do you arrive at your decisions regarding who to list and disbar?
Listing decisions are reached through a structured, evidence-based approach that is designed to ensure fairness, proportionality, consistency, and the protection of vulnerable groups.
Under sections 15 and 16 of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”)
Disclosure Scotland (acting on behalf of Scottish Ministers) must include an individual in the children’s list and/or adults’ list if, after considering whether to do so, it is satisfied by information relating to an individual’s conduct that the individual is unsuitable to carry out regulated roles with children and/or adults.
Disclosure Scotland gathers all relevant information available to it which may include conviction information, police information, the findings of professional regulators’ fitness to practice proceedings, the outcome of an organisation’s disciplinary process and any other material considered relevant to an individual's suitability to undertake regulated roles.
Disclosure Scotland must notify individuals of the reasons why they are being considered for listing, must share any information on which it intends to rely when making a decision, and give individuals opportunities to provide representations on why they should not be listed and/or comment on the information. This enables individuals to explain the circumstances of the conduct (or alleged conduct), provide context, submit mitigating information, provide evidence of rehabilitation or positive behavioural change, and present any other information they believe should be considered, including testimonials.
Disclosure Scotland assesses each case on its unique facts and circumstances. In doing so it considers factors including, but not limited to, the nature, seriousness and circumstances of the individual’s conduct (or alleged conduct), the time that has elapsed since the conduct occurred, the individual's age and level of maturity at the time, any pattern or frequency or escalation/de-escalation of behaviour, any mitigating circumstances, evidence of insight, or rehabilitation. Consideration is also given to the credibility, reliability, and relevance of the available information.
Having considered all relevant information, Disclosure Scotland determines whether an individual is unsuitable balancing their rights and interests with the need to protect children and vulnerable adults from harm.
2) How many people are involved in making each decision and what are their job titles?
All decisions on whether to include an individual in the children’s list and/or the adults’ list involve at least two members of staff, one of whom must be a more senior member of staff.
Depending on the nature and complexity of the case, the decision-making process may also involve discussion with additional colleagues and/or escalation to senior staff. Case discussion opportunities occur at all stages of the consideration for listing process to help ensure that all relevant information and issues have been appropriately considered.
The following roles are involved in the consideration for listing and decision-making process:
Caseworker Senior Caseworker Determinations Manager Heads of Service Senior Listing Officers
3) What training is given to staff to help them arrive at the correct decision?
Training is intended to support staff to exercise professional judgement fairly and appropriately within the legislative framework.
Training includes, but is not limited to:
training on relevant legislation, internal guidance, and procedures use of case studies observing and participating in case discussions mentoring and supervision from managers and experienced colleagues bespoke learning events delivered in partnership with stakeholders such as professional regulatory bodies
Additional learning and development opportunities are identified through individual supervision and feedback routes.
4) What training are staff given to communicate their decision?
Where a decision is made to include an individual in the children's list and/or adults' list, Disclosure Scotland must notify them of that decision and provide the reasons for it.
Decision letters are designed to explain in a clear, accessible, and structured way:
the reasons why the individual was considered for listing the information Disclosure Scotland considered in reaching its decision Disclosure Scotland’s assessment of the information the reasons Disclosure Scotland concluded the individual is unsuitable to carry out regulated roles.
Staff are supported in preparing decision letters by following the structured approach explained above and quality assurance arrangements for decisions which promote consistency, clarity, and accuracy in communications. All listing decisions are reviewed by a more senior manager before they are issued, helping to ensure that decisions and the reasons for them are communicated clearly and appropriately.
5) What consideration is given in how these decisions are communicated to the individual?
Disclosure Scotland must comply with the requirements of the PVG Act when notifying individuals they are barred from carrying out regulated roles. All decisions must be communicated in writing.
Within this context, decision letters are intended to help individuals understand the outcome of their case and the reasons for that outcome. As explained in response to question 4, they set out the information considered, the assessment undertaken and the reasons for the decision reached. This helps individuals understand how the decision was made and enables them to consider whether they wish to appeal against the decision.
Disclosure Scotland understands that participating in the consideration for listing process can be difficult and upsetting for individuals, particularly those whose offending or conduct is related to their adverse life experiences.
Disclosure Scotland accommodates preferences to communicate with an individual’s representative, advocate, or other authorised person during the consideration process to help ensure they receive any support they may require including to provide representations.
6) A copy of Disclosure Scotland's current policy or policy statement on trauma-informed practice and the reduction of traumatization.
While our aim is to provide information whenever possible, in this instance Disclosure Scotland does not hold a standalone policy or policy statement specifically relating to trauma-informed practice or the reduction of traumatisation.
This is a formal notice under section 17(1) of the Freedom of Information (Scotland) Act 2002 (FOISA) that the Disclosure Scotland does not hold the information you have requested.
Although Disclosure Scotland does not hold a standalone policy of this nature, it recognises that involvement in barring and disclosure processes may have a significant impact on individuals, particularly those whose conduct may be related to their adverse life experiences. Individuals are given the opportunity to provide representations and information about personal circumstances they consider relevant which will be taken into consideration. Disclosure Scotland will engage with any nominated representative or advocate supporting an individual to participate in the process.
About FOI
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Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
This is a formal notice under section 17(1) of the Freedom of Information (Scotland) Act 2002 (FOISA) that the Disclosure Scotland does not hold the information you have requested.
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