Safeguarding and vetting decision guidance

Red: categories for which the only option is exclusion, with no right of appeal [sections 1 to 5 inclusive below]

Amber: categories for which the circumstances may impact on the next steps actions [sections 6 to 10 inclusive below]

For this category, the account from the subject will be requested and the outcomes available are:

1. exclusion with the right of appeal (see appeal process) 
2. decline (cancelled membership) up to a maximum period of five years  
3. District decision 

Green: categories for which action taken will be locally considered [section 11 below] or considered ‘clear’ [section 12 below]

Red 

1. On Barred or Disqualified List

Individual barred. It is a criminal offence for a person who is on the Children's Barred List to volunteer in any capacity for Scouting.

• Safeguarding Vulnerable Groups Act 2006
• Northern Ireland Order
• Protecting Vulnerable Groups (Scotland) Act 2007
• Disqualification under the Childcare Act 2006

Individual is on the Vulnerable Adults Barred List. Scouts does not ask for information about the Vulnerable Adults list, but is often informed of it.

Next steps: Exclusion – no appeal

2. Any offence perpetrated as an adult against a child demonstrating a sexual interest in children or behaviour indicative of a sexual interest in children

A range of threshold applied by different statutory agencies, be that an outcome of admission of guilt, conviction, caution, reprimand or Community Resolution Order.

A finding of guilt made in a criminal court ('beyond reasonable doubt') or in civil courts ('balance of probability').

This includes offences defined by the:

1. Sexual Offences Act 2003
2. Protection of Children Act 1978
3. Criminal Justice Act 1988
4. Coroners and Justice Act 2009.

It includes offences of:

1. rape and other sexual assaults
2. indecent images of children
3. Grooming
4. trafficking (children)
5. voyeurism (children)
6. exposure of genitals with intent to distress or alarm (children).

This also includes sexual offences against children in another jurisdiction, such as outside the UK.

Where the adult is 18 or 19 years old at the time of the offence and the young person was 17 years old, and statutory agencies deemed the offence to be 'age appropriate' and consensual, it would be more appropriate to consider the offence under Section 7.

Next steps: Exclusion – no appeal

3. Other offences or behaviours perpetrated by an adult against a child whereby a child has suffered significant harm (physical or psychological) 

A court or police outcome of admission of guilt, conviction, caution, reprimand or Community Resolution Order in the criminal or judicial finding in another court defined by the Crown Prosecution Service as non-sexual child abuse.

This should include the offence of child neglect where the adult was convicted in the criminal court or made an admission of guilt, accepted a caution or a finding was made in the civil courts.

This also includes behaviour which is assessed by statutory agencies as posing an ongoing risk of harm and is unlikely to change over time.

Where the adult is 18 or 19 years old at the time of the offence and the young person is 17 years old, it may be more appropriate to consider the offence under Section 7.

Next steps: Exclusion – no appeal

4. Adverse information from a statutory agency or other professional source 

The source should be a statutory agency such as:

1. the police
2. children services
3. a Local Authority Designated Officer (LADO)
4. a government department, agency or other public body.

Adverse Information must be in writing and confirm that the agency advises that this person is not suitable to hold a role in Scouting.

Next steps: Exclusion – no appeal

5. Conviction for serious offences against the person (adult) 

A court or police outcome of admission of guilt, conviction, caution, reprimand or Community Resolution Order.

To include:

1. murder
2. rape
3. manslaughter
4. crimes associated with organising sexual exploitation
5. offences under the Terrorism Act(s)
6. serious crimes of violence including grievous bodily harm (GBH)
7. convictions for abuse or exploitation of a vulnerable adult
8. criminal offences where the conduct is associated to domestic abuse (Domestic Violence, Crime and Victims Act 2004)
9. drug, arms or people trafficking
10. sexual exploitation.

Next steps: Exclusion – no appeal

Amber

6. Individual under 18 at time of an offence or behaviour that if committed after aged 18 would attract national attention and or fall into above ‘red’ criteria

The decision makers must have a clear understanding that some childhood behaviours can become more embedded rather than dissipating with age such as some child-on-child sexual offending. Each case must be considered individually, informed by the best research.

Next steps: Further consideration by UK Headquarters.

7. Offence or behaviour which causes serious doubt about suitability (amber)

For example:

1. offences against the person (including threats of violence)
2. supplying any controlled substance
3. possession of controlled substances
   • isolated incident of possession of Class A controlled substances within the past five years
   • isolated incident of possession of Class B or C controlled substances within the past two years
4. causing death by dangerous driving
5. physical chastisement
6. offences under the Public Order Act 1986
7. offences under the Firearms Acts 1968

Some sexual offences committed against an adult victim, Public Order offences. This includes where someone has received a civil order "Sexual Risk Order" under the Sexual Offences Act 2003, as they are considered to pose a risk of harm.

An allegation of a sexual offence (adult victim) not progressed to trial.

Information held on confidential systems or an allegation of inappropriate behaviour.

Presumption of exclusion where the total information available about the individual implies that their involvement may adversely affect the:

1. health or welfare of young people
2. welfare or other adults, Scouting operations or the individual concerned
3. reputation of Scouting.

Next steps: Further consideration by UK Headquarters.

8. Offence or behaviour which causes doubt about the individual’s compatibility with Scouting values

Not an exhaustive list:

1. harassment
2. blackmail
3. hate crime - any criminal offence which is perceived by the victim, or anybody else, to be motivated by hostility or prejudice towards someone's protected characteristics

Information held on UK Headquarters safeguarding confidential systems or an allegation(s) of a Yellow Card or Safeguarding Policy breach, breaches of POR.

Offences or behaviour which are in conflict with Scouting values, for example failure to cooperate with a safeguarding local enquiry, lack of respect to:

1. young people
2. volunteers
3. parents
4. carers

Presumption of exclusion where the total information available about the individual implies that their involvement may adversely affect the:

1. health or welfare of young people
2. welfare of other adults, Scouting operations or the individual concerned
3. reputation of Scouting.

Next steps: Further consideration by UK Headquarters.

9. Non-conviction information provided by other sources or held on UK Headquarters confidential records 

Adverse information held on confidential systems at UK Headquarters whereby membership has been cancelled or an individual as resigned, and concerns have been alleged about an individual’s behaviour or conduct.

The sources include but are not limited to:

1. statutory agencies
2. government departments
3. education establishments
4. other charities where the information is deemed to be reputable.

Where required passed to medical advisor or appropriate health care professional for guidance.

Presumption of exclusion where the total information available about the individual implies that their involvement may adversely affect the:

1. health or welfare of young people
2. welfare or other adults, Scouting operations or the individual concerned
3. reputation of Scouting.

Next steps: Further consideration by UK Headquarters.

10. Barred from Trusteeship 

Only applies to individuals for roles providing trustee status where the individual is disqualified by law from acting as a charity trustee, such as an unspent conviction for an offence involving dishonesty or deception.

Where a trustee is subject of an allegation or misconduct or a safeguarding concern they would fall into the sections 1 to 9.

Next steps: Further consideration by UK Headquarters.

Green

11. Other conviction, caution or admission of guilt

Criminal record check information will be passed to relevant Lead Volunteer and District team member(s) with technical advice and in line with the codes of practice of the relevant disclosure authority ensuring confidentiality.

12. Minor and unrelated (to Scouting) offences

For example: minor motoring offences, minor thefts, and criminal damage.

0, 1 or 2 minor offences, that don’t fall into another category, committed more than 5 years ago.

Disclosure considered to be ‘clear’ for Scouting purposes.