Guide

Behaviour under the age of 12 and disclosure
Last updated: 10 December 2020

How the review process works

Step 1: Disclosure Scotland does background checks

Once you submit your application for an enhanced disclosure or a Protecting Vulnerable Groups scheme (PVG scheme) record, Disclosure Scotland will start the vetting process.

This involves checking for any relevant information about your past behaviour. If they find information about your pre-12 behaviour, they will contact Police Scotland to ask if it needs including on your disclosure.

Step 2: Police Scotland considers the information

If Police Scotland decides that the information should not be included, Disclosure Scotland will continue processing the application and no information about your pre-12 behaviour will show on your certificate.

If Police Scotland decide the information should be included, they will send it on to the independent reviewer.

Step 3: The independent reviewer starts a review

The independent reviewer is appointed by Scottish Ministers to look at applications and think about whether information should be disclosed.

Once the reviewer receives the information about your behaviour, they'll contact you to let you know exactly what they received.

Step 4: You are invited to provide information

At this point, you can provide more information to help the reviewer make a decision about whether the information should be included in your disclosure. It is in your best interest to do this.

We call this stage 'providing your representations'. Find out about how to provide information to the review.

You have 28 days to provide your representations, and you must do so in writing. You will be provided with a template to help you do this. If you miss the 28-day deadline, you can still provide the information so long as you give a reason why it was late.

Step 5: After the review

Once the independent reviewer has gathered your comments, answers and any other necessary information, they will decide whether to include the information about your pre-12 behaviour in your disclosure or not.

They will then write to you again to let you know their decision. If you're unhappy with the reviewer's decision, you can make an appeal.