Multi-Agency Public Protection Arrangements (MAPPA): national guidance

13. Disclosure

13.1 For the purposes of this guidance, information sharing is the sharing of information between all agencies involved in MAPPA. Disclosure, on the other hand, is the sharing of specific data about a person subject to MAPPA, with a third party (not involved in MAPPA), for the purposes of protecting the public.

13.2 Instances of disclosure can include:

• Where there are child protection concerns;
• Where an individual is employed in work in which affords them inappropriate access to children or vulnerable people; and
• Where an individual is a partner or potential partner and they may be subject to an abusive relationship.

13.3 In Scotland, there are lawful routes to disclosure, including:

• The individual can self-disclose;
• A Public Interest Disclosure can be made by police; or
• A disclosure can be made by social workers, in relation to protection of children and vulnerable adults.

13.4 The legal context within which disclosure decisions are taken is continually evolving and it is for the courts to give an authoritative statement of the law. A balance needs to be struck between on the one hand protecting the public, particularly children and adults at risk, and the maintenance of law and order, and on the other hand the protection of individuals legal rights and any duty of care to them and their families.

13.5 There are various areas of law which are relevant to disclosure decisions, including:

• The common law duty of care on the way in which agencies exercise their functions;
• The law relating to confidentiality of information;
• The law on data protection;
• The European Convention on Human Rights (ECHR), especially the right to the protection of private and family life; and
• The law on defamation.

13.6 Discussions and decisions to disclose information should be taken on a case-by-case basis, taking into account:

• The nature and pattern of previous offending behaviour;
• The individual's compliance with previous sentences or Court Orders;
• Any behaviour which may indicate a likelihood that the individual will reoffend;
• The risk that further offences will be committed;
• The harm such offences would cause;
• The potential adverse consequence of disclosure to the individual and their family and the need to consider whether they are vulnerable;
• The effect of further disclosure on the level of risk posed by the individual and the potential consequences;
• Licence, civil or criminal preventative order or Community Payback Order conditions to which the individual is subject;
• The possibility of the individual absconding as a result of disclosure;
• A plan to manage the risk posed by the individual following disclosure; and
• The extent of the information which needs to be disclosed must be proportionate and necessary in the circumstances.

13.7 It is the role of MAPPA to bring together the Responsible Authorities to discuss the risks posed by the individual, the immediacy of the risk and the best methods to minimise that risk. Normally the decision to disclose information should be discussed and next steps agreed under the MAPPA framework and this will form part of the Risk Management Plan with Police Scotland and Justice Social Work Services working collaboratively for the safety of a child or any other member of the public considered to be at risk.

13.8 Please note that in all cases, practitioners should refer to their own organisations policies and guidance in respect of disclosure matters.

Self- Disclosure by Individual

13.9 It is preferable that an individual volunteers information about their behaviour to an affected person or their employer and they should be given the opportunity to do so. However, it is recognised that this may not be feasible or likely in every case, and so each case should be considered on its own merit. This disclosure requires to be voluntarily made by the individual to a specified individual(s) within a pre-agreed time scale and confirmation of the disclosure carried out to ensure the recipient understands the risk that the individual's behaviour poses and the need to take action.

13.10 If the individual has provided inaccurate or insufficient information and the risk remains, a Public Interest Disclosure by Police Scotland should be undertaken or in cases of child or vulnerable adult protection Justice Social Work services may determine further disclosure is necessary in terms of the public interest.

13.11 If circumstances allow, and without compromising public safety, public protection or the prevention of crime, the individual can be given the opportunity instead to disclose further information to the affected person or employer.

Disclosure by Police Scotland (Public Interest Disclosure)

13.12 The process for disclosing sensitive personal information about an identifiable individual when disclosure is deemed necessary in the public interest, and there is a degree of urgency because no other options are applicable or there are no specific statutory powers available is known as "Public Interest Disclosure".

13.13 This procedure is designed for disclosing sensitive personal information about an individual to a body, agency, employer or person in a position to mitigate the risks arising from that person's behaviour. Sensitive personal information covered is not restricted to details of an individual's offending behaviour, it can also include information about an individual's health, sexual life, family life or employment.

13.14 It is anticipated that in accordance with existing Information Sharing Agreements (ISA), disclosure will have been discussed with MAPPA partners (see para 13.7) in order to consider other statutory options, and the impact on risk management planning. However, in time critical circumstances where this is not possible, Police Scotland will update MAPPA partners at the earliest opportunity.

13.15 Please note that whilst Police disclosure tools support MAPPA they do not require MAPPA partners' agreement to be carried out. For the most part MAPPA partners will agree on disclosures but on the rare occasions where there is disagreement the ultimate decision maker will be Police where it is a Public Interest Disclosure or if it is disclosure in relation to domestic abuse.

Disclosure by Social Work Services

13.16 Section 4 of the Adult Support and Protection (Scotland) Act 2007 states that a local authority must make inquiries about a person's wellbeing, property or financial affairs if it knows or believes that the person is an adult at risk and that it might need to take action to protect that person from that risk.

13.17 Section 5 of the Adult Support and Protection (Scotland) Act 2007 provides that organisations including Police Scotland, other local authorities and Health Boards must co-operate with the local authority making such enquiries. A local authority (and other organisations) must also report a case where it knows an adult is at risk of harm and in need of action to prevent that harm to the local authority for the area in which it considers that adult to be. This allows Social Work Services to make a disclosure in accordance with legislation.

13.18 Scenarios where this legislation is not applicable should be discussed with MAPPA partners to identify the most appropriate course of action.

Community Disclosure Schemes

Keeping Children Safe

13.19 The Keeping Children Safe scheme was introduced across Scotland in 2011 and is managed by Police Scotland. The scheme encourages members of the public to apply for information about an individual who has access to a child if they are concerned that the individual poses a risk to a child's safety and wellbeing.

13.20 Concerned members of the public will in many cases be reassured that the person is not known to the authorities, but even so they are provided with essential child protection advice and information. In cases where the police believe that an individual poses a risk to the child concerned, steps will be taken to ensure the child's safety and relevant information may be provided to the parent, carer, or guardian.

13.21 A review was carried out in 2017 following which an online application form was developed to make the process more accessible. Police Scotland provides governance and co-ordination for the scheme to ensure it is publicised widely and embedded in national police training. The Sex Offender Community Disclosure - Police Scotland

13.22 Further detailed information on child protection can found in the Child Protection: National Guidance 2021.

Disclosure Scheme for Domestic Abuse Scotland

13.23 The Disclosure Scheme for Domestic Abuse Scotland - Police Scotland (DSDAS) aims to provide a way of sharing information by making disclosures about a person's abusive past with a potential victim. It also allows concerned members of the public, such as relatives and friends, the right to ask about someone's partner if they are concerned that person has been abusive in the past. At all times the power to both share and/or disclose information must be considered on a case by case basis. Each decision must be justifiable as being lawful, necessary and proportionate.

13.24 The scheme also creates a formal mechanism for Police Scotland to tell a person who is potentially at risk of abuse from their partner, about that partner's past. DSDAS enables people at risk of domestic abuse from their partner to make an informed choice on whether to continue the relationship. Police Scotland and partners can then provide further help and support to assist them with their decision.

13.25 At the end of the process and in consultation with partners, a decision to disclose information is made where it is deemed lawful, necessary and proportionate. The person potentially at risk, or the person best placed to safeguard that individual, will receive the information.