Disclosure Scotland and the SEEMiS educational management system: FOI release

Information requested

1. Do Disclosure Scotland use information gathered from the SEEMiS educational management system when conducting background checks on an individual requiring disclosure or PVG services?

2. Do Disclosure Scotland use information gathered from the SEEMiS educational management system in relation to ‘bullying & equalities’ obtained at primary and secondary schools when conducting background checks on an individual requiring disclosure or PVG services?

3. Do Disclosure Scotland use information gathered from the SEEMiS educational management system in relation to ‘pastoral notes’ obtained at primary and secondary schools when conducting background checks on an individual requiring disclosure or PVG services?

4. Would information gathered from the SEEMiS educational management system in relation to ‘bullying or equalities’ or ‘pastoral notes’ be included in disclosure or PVG services certification?

5. Would any other information in relation to an individual from the period of when they were under the age of 16 years old out with the fields of child protection, criminal justice system or social work be included in disclosure or PVG services certification when at the time of requesting certification they were 16 years old or older?

Response

In response to questions 1 to 3, Disclosure Scotland does not have access to or use SEEMis as part of our disclosure process or other PVG services including the continuous monitoring of PVG scheme members or our barring functions.

When conducting criminal background checks and considering whether someone is unsuitable, we have access to various police and courts systems such as the Criminal History System (CHS) and Police National Computer (PNC). We may also be provided with non-conviction information directly from the police or documents from the courts relating to the outcomes of criminal proceedings.

We may also be provided with information by “referring bodies”, that is organisations or professional regulatory bodies that make referrals to us under Sections 3 to 6, and section 8, of the Protection of Vulnerable Groups (Scotland) Act 2007. A referring body must provide certain prescribed information when making a referral, and we can request any additional information that we consider might be relevant to help us decide if someone is unsuitable to carry out a regulated role with children, and/or protected adults. However, a referring body is not required to tell us the source of such information, or how, or where it stores the information. We have no way of knowing whether it came from a particular database such as SEEMis.

In response to questions 4 and 5, the information that can be included in disclosure results is prescribed under sections 1 and 8 of the Disclosure (Scotland) Act 2020 and The Level 1 and Level 2 Disclosure Information (Scotland) Regulations 2024 and is determined by the type of disclosure applied for. Level 2 disclosures are required for those who must be a member of the PVG Scheme. A Level 2 disclosure for the PVG scheme will include (where relevant to an applicant):

• the prescribed details of every criminal disposal incurred by the individual that is recorded in central records or, if there are no such disposals, stating that fact,
• information about any spent childhood convictions and children’s hearing outcomes of the individual that is to be included under section 13 of the Disclosure Act or, if there is no such information, stating that fact,
• any information relating to the individual provided by the chief constable or the chief officer of a UK law enforcement body in accordance with section 14 or 14A of the Disclosure Act or, if no such information has been provided, stating that fact,
• information relating to the individual provided by the chief officer of a relevant overseas police force that may be included in the disclosure in accordance with section 15 of the Disclosure Act or, if no such information has been provided, stating that fact,
• if the individual is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, stating that fact,
• if section 16 applies (barred list checks), containing any further information under that section relating to the individual, and
• if section 17 applies (PVG scheme membership), containing any further information under that section relating to the individual.

A chief constable of a police force can provide non-conviction information (for example that a person has been charged with a specific offence and reported to the procurator fiscal) where they consider it is relevant to the purpose of the disclosure and ought to be disclosed. We refer to this as “other relevant information”. Disclosure Scotland must include any other relevant information in disclosure results. We have no discretion.

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