The assessment is in two stages.
In the first step of the assessment process, Disclosure Scotland checks the information provided to decide whether the person may need to be added to the lists of people not allowed to work with children and/or protected adults.
If Disclosure Scotland decides, based on the information it receives, it's not appropriate for the person to be listed, the consideration assessment will end.
Disclosure Scotland will not notify a current employer at any stage of the initial assessment.
If the initial assessment shows that Disclosure Scotland may need to list the person, they will carry out a full 'consideration for listing' assessment.
This is to decide if the person should be listed as unsuitable to do regulated work with children, protected adults or both.
The person can continue to work with vulnerable groups while Disclosure Scotland is checking their information, but if they are a PVG Scheme member their PVG Scheme Record will say they are under consideration for listing.
Disclosure Scotland will also tell the person's employer and regulatory body that it is considering listing the person.
Notification and representations
If Disclosure Scotland goes ahead with the full assessment, they'll contact the person being assessed to let them know:
- they're under 'consideration for listing'
- what information Disclosure Scotland has been given about them
- to provide any extra information they think is relevant
The person under consideration then has 28 days to send any information which may explain their conduct or responds to the information provided about them. This might include testimonies or references that could affect the consideration of whether they're unsuitable.
This is known as a representation.
During the full assessment Disclosure Scotland will examine the information they've received. If they need more information, they'll contact the relevant organisations to get it.
If the person under consideration gives different information to that provided by another source, Disclosure Scotland will send their information to the source and ask them for any further comments.
Any extra comments Disclosure Scotland gets from other sources will be passed on to the person being assessed so they can respond to the extra comments if they want to.
Making a decision
Once they have the information they need, Disclosure Scotland will decide whether the person is unsuitable to work with children or protected adults and needs to be 'listed' as unsuitable for either group.
Disclosure Scotland will give its decision in writing to:
- the person being assessed
- any organisation the person is doing regulated work for
- any relevant regulatory body
If the person is working for a personal employer, their employer won't be notified in writing about the decision.
It's a good idea to keep this letter because it provides a record of Disclosure Scotland's decision.
If Disclosure Scotland decides not to list the person
If the person assessed is a PVG scheme member and Disclosure Scotland decides not to list them as unsuitable to work with vulnerable groups, they will update their records to show the member is no longer under consideration for listing. Disclosure Scotland will notify any interested parties, like current regulated work employers or regulatory bodies, that the decision was taken not to list.
Disclosure Scotland won't send out an updated PVG certificate unless the member applies for one.
If Disclosure Scotland decides to list the person
It's against the law for someone barred from regulated work to do it. It's also against the law for an organisation to employ them in that type of regulated work.
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