If an organisation has employees or volunteers doing regulated work, it has a legal duty to report harmful behaviour to Disclosure Scotland.
This duty applies whether the person is a member of the PVG scheme or not. It’s known as making a ‘referral’.
By law, organisations must report harmful behaviour even if it takes place outside of work, or if the organisation only finds out about it after the person has left.
The duty also covers organisations who may not employ workers or volunteers directly, such as an employment agency. If the organisation is responsible for removing a person from regulated work, it has to make a referral.
Why referrals are important
Referrals are important because they help protect children and vulnerable adults. When Disclosure Scotland receives a referral, it will consider if the person is unsuitable to work with these groups.
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