What type of disclosure should I apply for?
For organisations, the level of disclosure is dependant on the position that the individual will hold. Organisations should consider all the relevant legislation before accessing a disclosure record. CRBS is able to assist organisations which require support or guidance with this process.
What types of disclosure records are free?
Disclosure record applications submitted by enrolled organisations for volunteer positions will be processed free of charge by CRBS.
How much does a disclosure record application cost?
- Standard disclosure applications are £25.00
- Enhanced disclosure applications are £25.00
- PVG Scheme record applications for a paid position are £59.00
- PVG Scheme record update applications for a paid post are £18.00
What is an “exempted question”?
The Rehabilitation of Offenders Act 1974 (ROA), states that some offences will become “spent” after a certain period of time. If an individual’s conviction(s) becomes “spent” they do not need to disclose this when applying for either a paid or volunteering position. However, some positions are exempt from the ROA which means if applying to work/volunteer in these positions you need to disclose all your convictions (those that are spent and unspent). Positions that are exempt from the ROA include those that involve work with children and protected adults. If an employer is asking someone to work in an exempted position they are entitled to ask the exempted question; ask for both spent and unspent conviction information to be disclosed by the applicant.
What is a “prescribed purpose”?
This question relates to enhanced disclosures only. Part V of the Police Act 1997 details the positions which qualify for an enhanced disclosure. These positions are said to be for a “prescribed purpose” and include positions within a Prison and an Adoption Agency.
If my organisation is registered with the Care Commission, do I need to check all of my staff/volunteers?
The law in Scotland does not make it compulsory to do a disclosure check on anyone. However, if your organisation is a Care Service, you would be able to request a standard disclosure record on any individual carrying out paid or unpaid work for your organisation. If your organisation provides a service to children or protected adults, PVG Scheme disclosures may also be applicable for certain positions.
Do we have to assess every position in our organisation to see whether we can get a disclosure check? Isn’t it simpler and safer just to check everyone?
CRBS has a duty to ensure that all applications for disclosure checks are valid under existing legislation. It is for this reason that we ask for an assessment of every post to ensure that checks can be carried out.
It should be noted that it is an offence to apply for a disclosure check when this is not permitted by legislation.
Our funding body is asking to see our disclosure certificate. Can we show them?
Disclosure certificates can only be shown to people who are entitled to see them in the course of their duties. This would NOT normally include funding bodies.
*** WARNING *** You may be committing an offence by revealing disclosure information to people who are not entitled to see it.