Disclosure Scotland policies and procedures : FOI release

Information requested

1. Disclosure Scotland’s policies and procedures that detail and/or describe the process to determine the identification of the need to investigate any person for proposed listing on either or both the children’s or adults’ lists.

2. Disclosure Scotland’s policies and procedures to identify sources of data, information, opinion or statements that will inform the investigation process of an individual.

3. Disclosure Scotland’s policies and procedures that detail and describe the methods employed to request relevant data, information, opinions and statements in the course of investigation.

4. Disclosure Scotland’s policies and procedures that govern and describe the methods and means of ensuring that data, information opinions and statements in relation to those who are investigated for listing are shared with the subject of the investigation.

5. Disclosure Scotland’s policies, procedures with timescales that govern and describe the methods and means to provide for and ensure opportunities for the subject of an investigation to make timely and full comment upon such data, information, opinions and statements, before any formal assessment and decision making.

6. Information or data that details:

a. The number of names of persons who were listed on both the Children’s and Adult’s lists by Disclosure Scotland in the year 2018.

b. The number of names of persons solely added to the Children’s List in the year 2018.

c. The number of names of persons solely added to the Adult’s List in the year 2018.

As I am unaware of the statistics, I appreciate that this request could be onerous. Should numbers, time and economics permit, please include the length of time that each of the above mentioned, listed persons had been under investigation before any listing decision.

Response

I enclose some of the information you requested.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested.

Disclosing detailed guidance on our “consideration for listing” process, such as the criteria used to make decisions, could allow others to circumvent or undermine the process by enabling them to dishonestly represent themselves in ways that could perversely influence our decision-making.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

While we acknowledge the importance of openness and transparency in relation to how government departments make decisions, we believe there is greater public interest in our ability to effectively deliver a public safeguarding service.

1. Disclosure Scotland’s policies and procedures that detail and/or describe the process to determine the identification of the need to investigate any person for proposed listing on either or both the children’s or adults’ lists.

While Disclosure Scotland has developed guidance for staff on the consideration for listing process, it has been exempted under section 30(c) of FOISA for the reasons outlined above.

2. Disclosure Scotland’s policies and procedures to identify sources of data, information, opinion or statements that will inform the investigation process of an individual.

The procedures Disclosure Scotland must follow when considering whether to list someone are set out in section 17 of the PVG Act and the Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2025.

Disclosure Scotland has powers under section 18 (police information), section 19 (information held by public bodies) and section 20 (information held by providers of regulated roles) of the PVG Act gives Disclosure Scotland powers to obtain information to help it reach a listing decision. The enquiries Disclosure Scotland makes during the consideration for listing process depends on the unique facts and circumstances of each case taking into account factors including, but not limited to:

• Whether there is a finding in fact e.g. a criminal conviction, or finding by a professional regulatory body following fitness to practice proceedings;
• The nature and seriousness of the conduct;
• When the conduct occurred and what the individual has done since;
• Any representations provided by the individual.

Disclosure Scotland sends requests for information in writing by letter or email to the relevant person or organisation.

While Disclosure Scotland has developed guidance for staff on the consideration for listing process, it has been exempted under section 30(c) of FOISA for the reasons outlined above.

3. Disclosure Scotland’s policies and procedures that detail and describe the methods employed to request relevant data, information, opinions and statements in the course of investigation.

Disclosure Scotland does not have a policy or procedure on the methods of requesting information. All information requests are made in writing using standard templates which explain the legal basis for the request, and are issued by letter or email to the relevant person or organisation. These are tailored to the circumstances of each case.

This is a formal notice under section 17(1) of FOISA that Disclosure Scotland does not have the specific information you have requested.

4. Disclosure Scotland’s policies and procedures that govern and describe the methods and means of ensuring that data, information opinions and statements in relation to those who are investigated for listing are shared with the subject of the investigation.

Disclosure Scotland does not have a specific policy or procedure describing the methods or means of sharing information with a person who is under consideration for listing.

The procedures Disclosure Scotland must follow when considering whether to list someone are set out in section 17 of the PVG Act and the Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2025.

Under section 17 of the PVG Act, Disclosure Scotland must, before making a decision whether to list someone, give them an opportunity to make representations as to why they should not be listed. Section 17(3) states that the person must be given the opportunity to make representations in relation to all the information on which Disclosure Scotland intends to rely in deciding whether to list.

Disclosure Scotland must consider any representations provided.

Disclosure Scotland shares information with an individual who is under consideration for listing by email or post, sent by special delivery mail.

This is a formal notice under section 17(1) of FOISA that Disclosure Scotland does not have the specific information you have requested.

5. Disclosure Scotland’s policies, procedures with timescales that govern and describe the methods and means to provide for and ensure opportunities for the subject of an investigation to make timely and full comment upon such data, information, opinions and statements, before any formal assessment and decision making.

Disclosure Scotland does not have a specific policy or procedure describing the methods or means for obtaining representations of other information from an individual who is under consideration for listing.

The procedures Disclosure Scotland must follow in relation to sharing information with an individual who is being considered for listing are set out in section 17 of the PVG Act and the Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2025.

Disclosure Scotland firstly invites the individual to provide representations at the point it notifies them that they are under consideration for listing. This is done by letter, sent special delivery, and contains the referral information Disclosure Scotland received and upon which it based its decision that it may be appropriate to list them. Disclosure Scotland must initially give the individual 28 days to provide representations in the first instance.

Thereafter, Disclosure Scotland will send any additional information it gathers during the course of its consideration. Disclosure Scotland determines how long it gives individuals to provide any subsequent representations or other information. It always advises individuals to contact Disclosure Scotland if they require more time; such requests are considered on a case-by-case basis.

Individuals can provide representations and any other information they want Disclosure Scotland to consider by email to a dedicated mailbox, or by post.

This is a formal notice under section 17(1) of FOISA that Disclosure Scotland does not have the specific information you have requested.

6. Information or data that details:

a) The number of names of persons who were listed on both the Children’s and Adults’ lists by Disclosure Scotland in the year 2018.

In 2018, Disclosure Scotland listed 371 individuals on both the children’s and adults’ lists.

b) The number of names of persons solely added to the Children’s List in the year 2018.

In 2018, Disclosure Scotland included 649 individuals in the children’s list.

c) The number of names of persons solely added to the Adult’s List in the year 2018.

In 2018, Disclosure Scotland listed 111 individuals in the adults’ list.

These figures include individuals that Disclosure Scotland automatically listed under section 14 of the PVG Act and individuals that were listed following consideration for listing.

In 2018, the average time to complete a consideration for listing was 8 months or 38 weeks. The median time was 7 months or 30.5 weeks. This does not include the time during which Disclosure Scotland was waiting on the outcome of other relevant proceedings such as criminal proceedings, or professional regulators fitness to practice proceedings, and which Disclosure Scotland considered material to its decision on whether an individual is unsuitable. Disclosure Scotland regularly monitors the progress of such proceedings and keeps under review whether it is necessary to await the outcome of such proceedings.

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