The landscape of care and protection in Scotland is evolving, and it’s vital to stay informed about the latest changes. Recently, the Care Inspectorate has strengthened its protection from harm procedures, and Disclosure Scotland is set to implement the Disclosure (Scotland) Act 2020. These updates aim to enhance public safety and streamline processes for everyone involved. Here’s what you need to know.
Strengthening Protection from Harm: Care Inspectorate’s Updated Procedures
What’s New?
The Care Inspectorate has rolled out updated procedures to provide clearer guidance on protecting people in care. This proactive approach is reflected in the latest national adult and child protection guidance (2022 and 2023). Key updates include:
- Legislation and Policy Guidance: Ensuring all practices align with the most recent laws and policies
- Revised Terminology: Using updated terms for clarity in protection matters
These procedures are designed not just for those receiving care but also for staff, visitors, and anyone involved in care settings.
Understanding the Disclosure (Scotland) Act 2020
The Disclosure (Scotland) Act 2020 marks a significant shift in how criminal history information is managed and disclosed in Scotland. Set to take effect on 01 April 2025, this Act aims to balance public protection with the need for individuals to move on from past offenses. Here’s a closer look at what the Act entails.
Key Aims of the Act:
- Public Protection: Prioritising safety while allowing for rehabilitation
- Simplified Disclosure Process: Making it easier to understand and navigate
Major Changes to Disclosure Checks
Starting 01 April 2025, the current disclosure levels will be replaced with:
- Level 1 Disclosures: Replacing basic disclosures, showing unspent convictions
- Level 2 Disclosures: Replacing standard disclosures, showing unspent convictions, certain spent convictions, and relevant police information
- Level 2 with Barred List Checks: Replacing enhanced disclosures, indicating if someone is barred from working with vulnerable groups
Changes to PVG Scheme Membership
From 01 April 2025, joining the PVG scheme will be mandatory for all regulated roles involving children and protected adults. Notably, lifetime membership will end on 01 April 2026, transitioning to a five-year renewal cycle to ensure ongoing suitability for these roles.
New Powers for Disclosure Scotland and Local Councils
The Act also grants new powers:
- Disclosure Scotland: Can bar individuals from working with vulnerable groups following an investigation, and impose conditions during the investigation
- Local Councils and Integration Boards: Can make referrals to Disclosure Scotland, enhancing protection for those arranging their own care
What does this mean for you?
These updates are important for anyone involved in care or working with vulnerable groups in Scotland. Staying informed and compliant with these changes will help ensure the safety and well-being of all involved.
Take Action: Review the updated procedures and familiarise yourself with the Disclosure (Scotland) Act 2020 to understand how it impacts you and your organisation. For more detailed information, visit the Care Inspectorate and Disclosure Scotland websites.
Stay proactive, stay informed, and ensure the highest standards of care and protection in your community.
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