Your duty to refer to Disclosure Scotland

If your organisation has individuals who work with children and protected adults, you have a legal duty to report their harmful behaviour to Disclosure Scotland.

Disclosure Scotland

You must make a referral when an individual has either:

And, as a result, your organisation has dismissed the individual, or would (or might) have done had they not already left, or you permanently moved the individual away from regulated work.

It is a criminal offence, punishable by imprisonment and/or a financial penalty, if your organisation fails to refer an individual to Disclosure Scotland, when a referral ground is met.

Disclosure Scotland provide free training and guidance for organisations to help you understand your duty to refer. You can also contact our Customer Engagement Team for advice on specific cases.