Organisations that need to refer

It’s not just employers and the voluntary sector that have to make referrals. Other organisations have to refer too, such as:

• regulatory bodies
• employment agencies
• personnel suppliers
• courts

Any organisation that decides to remove someone from regulated work needs to make a referral, even they do not employ the person directly in paid or voluntary work.  

Regulatory bodies

If a regulatory body finds out that a person should be referred to Disclosure Scotland, they have the power to do this.

They can make a referral if they think that someone they’re regulating has shown harmful behaviour and they believe that no other body has referred the person to Disclosure Scotland.

Employment agencies

If an employment agency thinks someone who's doing or who has done regulated work has shown harmful behaviour, they must make a referral if they've decided not to do business with them or find regulated work for them.

Personnel suppliers

Personnel suppliers who employ people to do regulated work for others must make a referral if they:

• dismiss the person because of harmful behaviour
• would have dismissed a person for harmful behaviour but they stopped doing regulated work before they could be dismissed
• have decided not to offer or supply the person for regulated work because of harmful behaviour

Court referrals

A court must refer people if they're convicted of certain offences. They can also refer people if they're convicted of an offence that the court decides is serious enough to bar (prevent) them from regulated work with children or protected adults.