When to make a referral

Organisations must make a referral if a person shows harmful behaviour and they:

• are dismissed as a result
• would or might have been dismissed but left before they could be
• are permanently moved away from work with children or protected adults

If any of these actions were taken, the organisation must make a referral to Disclosure Scotland within 3 months of making the decision.

If the organisation does not make a referral within 3 months, Disclosure Scotland will report the organisation to Police Scotland.

Harmful behaviour that must be referred

Examples of harmful behaviour include:

• harming a child or protected adult
• placing a child or protected adult at risk of harm
• inappropriate behaviour involving pornography
• inappropriate behaviour of a sexual nature involving a child or protected adult
• giving inappropriate medical treatment to a child or protected adult

Types of harm

There are different ways 'harm' can be defined. It's important to remember that people can cause a risk of harm without actually doing anything directly.

Examples of harm include:

• physical harm (like inappropriate physical restraint or assault)
• psychological harm (like emotional abuse)
• theft (like embezzlement)

Examples of behaviour which lead to a risk of harm include:

• attempting to harm (even if they do not succeed)
• trying to make someone else cause harm
• encouraging someone to self-harm
• reckless behaviour or incompetence that may cause someone to be harmed, even if they did not mean it to

Help

If you’re unsure whether to make a referral, you can check some examples. You can also email customerengagement@disclosurescotland.gov.scot for help.