disclosure

Why a disclosure procedure?

Disclosure is a procedure that can help you to find out if a person is suitable to employ as a personal assistant or carer.

Below are the procedures and SPAEN's role in this process.

If you have any questions regarding the procedure or would like to get help with a disclosure procedure please contact SPAEN direct.

Disclosure Operational Procedures

Umbrella Body

SPAEN is currently registered with Disclosure Scotland as an “Umbrella Body”. That means SPAEN may act on behalf of others to enable them to obtain access to the Disclosure scheme.

Counter signatories

The Manager, Administrator, Training Officer and Clerical Officer are registered as counter signatories. Counter signatories are people authorised under the Disclosure Scotland to sign applications for Disclosures on behalf of others. We also have counter signatories in Glasgow and Inverness.

Network of signatories

When necessary SPAEN will recruit people in different locations throughout the country to act as counter signatories on our behalf. If you are interested in becoming a Counter signatory with SPAEN please contact he office for further information.

Disclosure Certificates

SPAEN’s manager is responsible for the management and administration of Disclosure applications. When the check has been completed by Disclosure Scotland and the Disclosure Certificates issued, he or an authorised member of staff will inform the prospective employer of the result.( two copies of the certificate are issued one to the counter signatory on behalf of the prospective employer and one to the person seeking the job) SEE CODE of PRACTICE below

Code of Practice

The Scottish Ministers have published a Code of Practice to guide users of the Disclosure system. To comply with the Ministerial Code of Practice SPAEN is required to ensure the eligibility of those on whose behalf it countersigns Disclosure applications by ensuring that they:

• Are entitled to receive Disclosure information by virtue of their being entitled to ask exempted questions.
• Take reasonable steps to ensure that those to whom SPAEN passes Disclosure information observe the Ministerial Code of Practice.
• Are requesting the correct level of Disclosure.

Different Levels of Disclosure

There are two levels of disclosure that can be obtained under the scheme. They are:

• Standard disclosure – this shows all criminal convictions by the applicant, if any.
• Enhanced disclosure – this is the highest level of Disclosure and shows all criminal convictions, if any, together with relevant non-conviction information. Relevant non-conviction information is information revealed by Chief Constables when considered relevant to the position being sought and which can be disclosed without harming the interests of the prevention or detection of crime.

As a requirement of the Ministerial Code of Practice SPAEN will need to have some knowledge about the person offering the position and the nature of the position involved.

It will also be the responsibility of SPAEN to be satisfied about the identity of the applicant for the Disclosure. The applicant for the Disclosure is the person seeking to be employed.

Disclosure Certificate

The Disclosure certificate containing any information on the applicant will be sent directly to the counter signatory at SPAEN’s main office. Thereafter a counter signatory will assist the employer to understand the content of the Disclosure, in line with the job description supplied by the prospective employer. Ultimately, it is the responsibility of the employer to decide whether to offer the applicant a position.

The Disclosure certificate carry no predetermined period of validity or absolute guarantee of accuracy. Both Standard and Enhance disclosures are position specific and considered valid only at the time of issue. The Ministerial Code of Practice indicates that Disclosure information must not be used for purposes other than that for which it was sought.

Confidentiality and privacy.

Confidentiality and privacy are crucial to this process, and there are penalties in accordance with Police Act 1997, Part V, for the misuse of Disclosure information. An employ or officer of an Umbrella Body acting on behalf of others may only disclose Disclosure information in the following circumstances :

• In the course of his/her duties; and either
• To another member, officer or employee within the Umbrella Body (SPAEN);
• To a member, officer or employee of the body at those request the Umbrella Body countersigned the application; or
• To the individual at whose request the Umbrella Body countersigned the application.

SPAEN will countersign a disclosure application on behalf of prospective employers and will pass on information to the prospective employer on its receipt. The prospective employer would commit an offence if he or she passed the disclosure information to any one else.

On rare occasions relevant non-conviction information will be withheld from the applicant in the interests of the prevention or detection of crime and not appear on the applicants copy of the Disclosure Certificate. It will however be supplied separately to the counter signatory on behalf of the prospective employer. In such situations neither the counter signatory nor the prospective employer may discuss the information with the applicant.

Agreement document

SPAEN will issue an agreement document that will be signed by all relevant prospective employers. This agreement document will detail the service provided by SPAEN and outline the agreed responsibilities of prospective employers.

Exempted question

An ‘exempted question’ is a question that employers are not normally allowed to ask in relation to a person’s criminal history. Under the terms of the Rehabilitation of Offenders Act 1974, offenders become rehabilitated after varying periods of time and their convictions deemed ‘spent’, depending on the sentence imposed and whether they have re-offended. Generally speaking, the Act provides that a spent conviction need not normally be disclosed when a person is asked about his or her previous record, and a rehabilitated person cannot be prejudiced if the spent conviction later comes to light.

The Act recognises however that there are some circumstances where information about spent convictions ought to remain available. The Act therefore includes an order-making power to specify circumstances which would set aside or modify the protection afforded by the Act’s provisions. This power has been used to create a number of exceptions where both unspent and spent convictions should be disclosed. Amongst the exceptions are positions involving working with children and other vulnerable people in a variety of settings.

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