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Adverse information in criminal record checks

Find guidance for local consideration of adverse criminal record checks

Adverse information refers to when a criminal record check reveals information that might prevent someone from taking on a certain job or voluntary role.

At Scouts, when adverse information is revealed from someone’s criminal record check: 

England & Wales

  • Atlantic Data will show the status “Please wait to view applicant certificate”. This means that the Safeguarding Team at UKHQ need to view the disclosure certificate, NOT the local team.
  • An email is sent from scouts.org.uk to the applicant asking them to post their original disclosure certificate to The Safeguarding Team at HQ. An email is also sent to the relevant Lead Volunteer informing them of the request.
  • A reminder email (or letter) is sent to the applicant after 10- 15 days if there’s been no response.

If they’ve not responded in 30 days, their Scouts membership will end for non-compliance as they’ve failed to complete the National Vetting process and the level of risk to young people is unknown. The applicant will be sent a letter explaining the decision to decline their membership, with a copy also sent to the relevant Lead Volunteer.

Northern Ireland

  • The outcome certificate will be provided to the applicant digitally in their Northern Ireland Direct Account (NIDA)
  • If there is adverse information, the UKHQ Safeguarding Team will need to see the applicant’s certificate so the applicant will need to ‘Share’ their digital certificate with Scouts HQ by entering the email address: [email protected] within their NIDA account.
  • An email is sent from scouts.org.uk to the applicant asking them to share their disclosure with The Safeguarding Team at HQ. An email is also sent to the relevant Lead Volunteer informing them of the request.

If they’ve not responded in 30 days, their Scouts membership will end for non-compliance as they’ve failed to complete the National Vetting process and the level of risk to young people is unknown. The applicant will be sent a letter explaining the decision to decline their membership, with a copy also sent to the relevant Lead Volunteer.

Scotland

  • Applicants in Scotland are not able to volunteer with Scouts until their Scouts’ PVG disclosure is viewed AND risk assessed by the UKHQ Safeguarding Team.
  • The disclosure outcome will be provided to the applicant either digitally in their ScotAccount if their application was online or, if they had a paper application, Disclosure Scotland will send it direct to them.
  • The applicant is required to ‘Share’ their disclosure with the UKHQ Safeguarding Team. This applies whether or not there is adverse information on the disclosure.
  • An email is sent from scouts.org.uk to the applicant asking them to share their disclosure with The Safeguarding Team at HQ. An email is also sent to the relevant Lead Volunteer informing them of the request.
  • Those aged 16+ whose applications were processed online can do this by clicking a ‘Share’ button in their ScotAccount when they receive their disclosure.
  • Those who submitted paper applications will be sent a copy of their outcome by Disclosure Scotland. They will need to contact Disclosure Scotland and ask them to share their disclosure with The Scouts.
  • ‘Sharing’ with The Scouts means sharing with the UK HQ Safeguarding Team, NOT the local team.
  • The applicant must ‘share’ their disclosure within 14 days of receiving the outcome for the process to continue. If the applicant does not share their disclosure within 14 days, they can contact Disclosure Scotland and ask if they will re-issue their result but will probably need to start the process again from the beginning.

Once the original disclosure is received by the UKHQ Safeguarding Team, they will risk assess the adverse information on it, referring to the Safeguarding and Vetting Decision Guidance (see POR Chapter 16: Adult Roles). This process will also include viewing the applicant’s references on scouts.org.uk and considering any other known information.

The applicant may be asked for further information. If the applicant is under 18 and applying to volunteer in Scotland with a PVG, the UKHQ Safeguarding Team will ask the applicant if they are happy for their parents to be involved. Whilst the applicant is legally in control of their own data in Scotland, they are still a young person within Scouting and will be treated with the necessary sensitivities.

Safeguarding and Vetting Decision Guidance – local consideration 

If the UKHQ Safeguarding Team have risk-assessed the information from a safeguarding viewpoint and consider the applicant clear to volunteer;  a letter is sent to the relevant Lead Volunteer for them to consider the applicant’s suitability to volunteer and make a final local decision. The letter will set out the details of the relevant information stated on the disclosure (such as details of the convictions) along with any specific guidance for the relevant Lead Volunteer to discuss with the applicant to support their decision-making.

The information provided is for Lead Volunteers or Volunteer Safeguarding Leads to access only. It’s an offence contrary to S124 of Police Act 1997 / S66 Protection of Vulnerable Groups (Scotland) Act 2007 to reveal any information provided through a criminal record check, other than to those directly involved

What to do locally 

Local approaches will vary depending on the type of role under consideration.  Applicants should be given the opportunity to explain the circumstances surrounding their offence(s). Relevant Lead Volunteers and Volunteer Safeguarding Leads should use this information, and the information provided by the Safeguarding Team, when making their decision.  

Questions to ask 

As well as any other appropriate questions appropriate for the role, the relevant Lead Volunteer and/or Volunteer Safeguarding Lead should ask the following to support them with their decision-making:  

  • What were the circumstances surrounding the offence(s)? 
  •  How have the volunteer’s circumstances changed since the offence(s)? 
  • What are their reflections on the offence(s)? 
  • Any other questions suggested in the letter from the Safeguarding Team.

Factors that might also be relevant include: 

  • Their age at the time of the offence(s).
  • The length of time since the offence(s) occurred.
  • Are the conviction(s) relevant to the position applied for?

Issues to consider

Relevant Lead Volunteers and/or Volunteer Safeguarding Leads should consider the following three points when making their decision:

  1. Do the actions of the individual affect the health and welfare of young people? If the answer is ‘yes’, ‘probably’ or ‘possibly’, then careful consideration must be given to their suitability to volunteer.
  2. Do the actions of the individual affect the reputation of Scouts? If this volunteer becomes a member of the movement, is it likely to damage our reputation in the eyes of parents/ carers, the general public, other organisations and so on?
  3. Do the actions of the individual affect themselves, other adults and their working relationships? If the individual is allowed to continue working with young people, this could cause problems for them in their private life, employment, reputation in the community and so on. 

If the applicant is under 18 and applying to volunteer in a Regulated Role in Scotland, adverse information on their disclosure may affect their Young Leader or Young Helper role but if they are an Explorer too, it may or may not affect their Explorer role. The UKHQ Safeguarding Team will advise regarding specific cases.

Potential Decisions 

There are three potential outcomes:

  1. Appointment – The individual is allowed to join Scouts.
  2. Appointment with restrictions – The individual is allowed to join Scouts with some adjustments to their role. For example:
    • A Beaver Section Team Member with a caution for theft from two years ago is OK to join Scouts, but won’t be allowed to handle funds for their section.
    • A Team Leader with a conviction for drink driving from three years ago may not drive for any Scouts purposes.
    Any restrictions added to a role must be notified to the Safeguarding Team.
  3. Not appointed – It isn’t appropriate for the individual to join Scouts at this time. A suitable way to let them know the outcome might be to say:
    'Unfortunately, after considering the information on your criminal record check and given how recent your offences are (or how many offences there are), we can’t let you volunteer with us at this time. We may be able to consider an application from you in the future, subject to you completing the National Vetting Process. Thank you for your time.'

Completing the process

Once a decision has been made locally, the relevant Lead Volunteer must update scouts.org.uk with the outcome on the HQ Return sheet within the applicant’s record. The applicant’s disclosure status can then be updated. Any CE checks for roles can’t be completed until the HQ Return sheet confirms appointment. The National Vetting Process is only complete once this is done.