People arriving from Ukraine - risk and need: public protection guidance

Disclosure Scotland

Changes to disclosure levels

Local authorities are responsible for determining a person's overall suitability to host. Disclosure checks are one part of this process and should be considered alongside other information relevant to suitability. 

An application form should be fully completed for each adult over the age of 16 years in the household and sent to Disclosure Scotland via a counter signatory within the local authority. This includes members of the household who are only residing temporarily (e.g., students over 16 years old returning from studies).

When Disclosure Scotland has completed its checks, it will issue the Level 2 disclosure to the individual host or adult within the host accommodation. The individual will be required to share the disclosure with the local authority or apply for a review of the disclosure content.

The local authority should assess any information disclosed when considering the suitability of a host (or adult within the host household) to provide accommodation.

A Level 2 with barred list check includes:

• unspent convictions
• certain spent convictions
• certain spent childhood convictions and children’s hearings outcomes
• any notification requirements (instructions someone must follow if they're on the Sex Offenders Register)
• unspent cautions (but not a childhood caution)
• other relevant information held by the police
• if you're on the barred lists for work with children or adults 
• if you're under consideration for inclusion on the barred lists for work with children or adults
• if you have had any prescribed civil court orders

Guidance is available to further support local authorities, detailing factors to consider when assessing information disclosed and how this may relate to a host’s suitability to accommodate displaced Ukrainians in their home.

Should the decision be taken that the host and/or property are not suitable, the local authority will inform the host of this decision by letter, reflecting that checks undertaken have been in keeping with the guidance.

How to apply for Level 2 with barred list check for hosts

Information is available on how to apply for a Disclosure Scotland check for prospective hosts. Local authorities will begin the application; hosts should then receive an email with a link to complete the form, and return it (with questions 1-6 completed) to the local authority to finish and submit to Disclosure Scotland.

Timescales for checks

All checks will be processed within 2 to 4 days, with the majority of disclosures issued to countersignatures and hosts during that period.  A small number of checks may take longer as:

• further information may be requested from other UK or EU police forces (for EU where agreement to share criminal record information cross border exists)
• the disclosure may contain conviction or other relevant information that the applicant can legally appeal to have removed
• further information is required from the applicant to progress the records matching process (commonly confirmation of middle names or 5-year address history)

These exceptions will delay the resulting of the disclosure to local authorities.

Where a disclosure is delayed for one or more of these reasons, the local authority should consider other safeguarding information to assess suitability or risk, particularly where the check has been submitted retrospectively. Where the check is done prior to matching, it is recommended any host arrangements are not progressed until this information is released.

A local authority will be aware where checks for an individual host have not been satisfactorily completed. Where this is the case, and guests have already begun living in the hosted arrangement, practitioners should ensure that individuals:

• wish to proceed
• have the capacity to make such a decision
• child or adult support and protection procedures are not relevant

The guest(s) should be provided with information relating to any risks identified to help them in their decision. As part of this conversation, the local authority may wish to offer alternative accommodation. This would be at the local authority’s discretion.

If child or adult protection risks have been identified, the local authority may prevent or delay a move until child protection and/or adult protection procedures have been followed, including risk assessment.

Further information about how checks will be sought and processed by local authorities is contained in local authority guidance.

Updating Disclosure Scotland checks

Decisions about whether to update checks are at the discretion of local authorities and are part of a broader set of measures to support the safety and wellbeing of both hosts and guests in hosting arrangements. A Level 2 with barred list check is only one part of those measures. 

Working within usual policies and practice, local authorities are encouraged to adopt a flexible approach to assessing risk, ensuring that checks are proportionate to need, and that risks are minimised. In line with best practice, robust assessment of risk, which includes disclosure checks, and resultant implementation plans may require local authorities to work collaboratively alongside partners from other agencies and disciplines.

Level 2 with barred list checks must be obtained on hosts and their household members over the age of 16, prior to someone being placed in the hosting situation.

Updating checks should be determined on a case by case basis. It is not expected that every host or household member will require a renewal of their checks. Rather, the level of vulnerability and any change in circumstances in each situation should be the determining factors. The timing of a further disclosure check should be determined through continual risk assessment and in line with the local authorities’ normal processes. As with all disclosure checks, consent is required from the individual.

To promote consistency across all Scottish local authorities and to reduce, or mitigate, the risks associated with people living in hosted arrangements, we have provided a list of factors  which may indicate the need for an updated disclosure check: 

• if there has been a period of inactivity/non-hosting
• if the composition of the hosting arrangement has changed i.e. further applications for guests or a change in the host family composition
• if the circumstances of the sponsor household have changed 
• if the guests are children, elderly or if they have other vulnerabilities (such as being affected by disability, physical or mental ill health, communication difficulties, cognitive impairment, or other factor(s) that makes them more vulnerable to being harmed than those who are not so affected) that may warrant more frequent safeguard checks
• if there are any concerns around the sponsor, including non-engagement, or evasive behaviour

Local authorities have the discretion to renew checks, where there is reason to do so and should continue to engage with sponsors and guests to ensure that risks are mitigated and households are safeguarded. For further information and guidance, please email UkraineSafeguarding@gov.scot.