Consideration assessment
1. Initial consideration
Disclosure Scotland will check the information they've received and decide whether to consider listing you.
If Disclosure Scotland decides it's not appropriate to consider you for listing, the consideration process will end.
During the initial consideration process, Disclosure Scotland will not tell your current employer about it.
2. Formal consideration
If the initial consideration shows that it might be appropriate to list you, Disclosure Scotland will carry out a formal consideration.
After this formal consideration, Disclosure Scotland will decide if you should be listed as unsuitable to carry out regulated roles with children, protected adults or both groups.
You can continue to work with these groups while Disclosure Scotland is carrying out this process. If you're a PVG member then your PVG scheme disclosure will say you're under consideration for listing.
During a formal consideration, Disclosure Scotland will tell your employer and regulatory body that it is considering whether to list you.
3. Notification and representations
If Disclosure Scotland decides to formally consider you for listing, they'll contact you to let you know:
- that you’re under consideration for listing and for which groups
- what information Disclosure Scotland has about you
- that you can send information to Disclosure Scotland that you want them to consider
You then have 28 days to send any information which:
- may explain your conduct
- responds to the information given about you
Your information may include testimonies or references that you want Disclosure Scotland to consider as part of their consideration process.. This is known as a representation.
4. Information gathering
During the formal consideration, Disclosure Scotland will examine the information they have about you. If they need more, they'll contact the relevant organisations to get it.
In some cases, Disclosure Scotland will send this information to the sources and ask them for any further comments or evidence they hold.
Any evidence that Disclosure Scotland intends to use during the consideration process will be given to you so you can respond to it.
5. Making a decision
Once they have the information they need, Disclosure Scotland will decide whether you're unsuitable to carry out a regulated role and have been listed.
Disclosure Scotland will give its decision in writing to:
- you
- any organisation you’re carrying out a regulated role for
- any relevant regulatory body
It's a good idea to keep your letter because it's a record of Disclosure Scotland's decision.
If you’re working for a personal employer, your employer may be notified in writing about Disclosure Scotland's decision. A personal employer is an individual who employs another person to carry out a role. For example, someone might employ a carer for themselves or a tutor for their child.
6. If Disclosure Scotland decides not to list you
If you’re a PVG member and Disclosure Scotland decides not to list you, they will update their records to show you’re no longer under consideration for listing.
Disclosure Scotland will tell any interested parties, like current employers or regulatory bodies, that they decided not to list you. They may also tell any personal employers.
Disclosure Scotland will not send out an updated PVG disclosure unless you apply for one.
7. If Disclosure Scotland decides to list you
If you’re listed, you’re not allowed to work with the vulnerable groups covered by that list.
It's against the law for someone to carry out a regulated role that they're barred from. It's also against the law for an organisation to employ them in the regulated role that they’re barred from.