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D

Disclosure Checking

Disclosure checks can help schools and authorities to gain information on the background of individuals who may wish to work (paid or unpaid) with children and young people. A clear disclosure check does not in itself confirm that a person is suitable to work with children and it is important to follow other rigorous recruitment and employment practices (see Recruitment).

Full information on disclosure checking procedures can be found on www.disclosurescotland.co.uk

• Basic disclosures provide details of unspent convictions.
• Standard disclosure checks are suitable for those involved in regular contact with children and young people and vulnerable adults and provide details of centrally held records of spent and unspent convictions.
• Enhanced disclosure checks are for those in positions which involve regularly caring for, training, supervising and being in sole charge of children and young people under 18 and vulnerable adults. The enhanced disclosure contains spent and unspent conviction information. It may also contain non-conviction information held by the police which the Chief Constable considers to be relevant to the activity covered by the application and which can be shown on the face of the Certificate without harming the interests of the prevention and detection of crime.

As from 10 January 2005, standard and enhanced checks for child care positions as defined in the Protection of Children (Scotland) Act 2003 (see quick guide to legislation) will also include information on any disqualifications from working with children (see Section in A-Z).

Adults With Criminal Records

Disclosure checking is not intended to prevent all adults with a criminal record of any kind from working with children. When a disclosure check indicates that the individual has a criminal record, schools and authorities have the discretion to decide whether the offence means that the adult is unsuitable for the position in question. However, where a disclosure check issued in relation to a child care position indicates that the person is disqualified from working in a child care position, there is no discretion and the school or authority will commit an offence if they employ the person in a child care position.

Partnership working between agencies

Local authorities and other organisations may decide that a disclosure check carried out for an individual's involvement in one service is sufficient to enable their involvement in other activities, provided the check is at the appropriate level. For example, a teacher may seek to become a Scout leader without undergoing an additional check. This is for the agencies involved to decide. In doing so, agencies should be confident in their recruitment practices for all appointments. In addition, they must also remember that the information in the Disclosure was accurate only on the date of issue, and that there may be non-conviction information that is relevant to the new activity that was not relevant to the activity covered by the original Disclosure.

"Disclosure checking is important within a range of things we can do for good practice in recruitment and supervision."
(Headteacher)

Length of checking process

Disclosure Scotland has a Service Level Agreement with Scottish Ministers to issue 90% of Standard and Enhanced disclosures within 10 working days and 90% of Basic disclosures within 6 weeks.

Who should be checked?

From 11 April 2005 it will be an offence for an organisation to appoint a person to a child care position (as defined by Schedule 2 of the Protection of Children (Scotland) Act 2003) if that person is disqualified from working in such a position. The information that a person is disqualified from working in a child care position is only available as part of a disclosure check.

There is currently no legal requirement to carry out checks on existing staff and volunteers unless they are being assigned to a child care post from a non-child care post.

It is for authorities and schools to decide on which individuals are regarded as being in a child care position for the purpose of the 2003 Act and for whom a disclosure check would be required. This may include some parent helpers and volunteers whose normal duties involve work in schools. (see Volunteers and Parent Helpers). Some contractors may also be considered to be in child care positions, for example, bus and taxi drivers on school contracts.

Authorities and schools should make their policies on disclosure checking open and available to pupils and parents, and to staff, volunteers and prospective contractors. Partnerships with voluntary bodies, such as Parent Teacher Associations, are important to schools and authorities as sources of voluntary help and vehicles for parental involvement. Disclosure checking policies should be discussed with such bodies and support for checking, if this is to be required, should be provided. However, due regard should be given to the nature and regularity of contact, the nature of roles performed with children and the level of supervision for volunteers by other school staff during these activities. Disclosure checks alone are not enough and awareness raising and information for voluntary bodies and volunteers on wider child protection issues and other measures such as risk assessments and ongoing monitoring of performance are important too.

Staff misconduct

Where allegations against staff have been investigated and have led to disciplinary procedures rather than prosecution, headteachers and education authorities may refer this information to the General Teaching Council for Scotland or the Registrar for Independent Schools. If there has been criminal investigation but no conviction, the Chief Constable may release this information in Enhanced disclosure checks. See also Disqualified from Working with Children.

The Protection of Children (Scotland) Act 2003 became operational in 2005 (see quick guide to legislation) and is designed to ensure that unsuitable people cannot move from one childcare post to another if they have been found to harm children or put them at risk of harm. The main points of the Act are summarised here. Further information including links to the published guidance can be accessed through the Scottish Executive website on www.scotland.gov.uk/childprotection

What is the Disqualified from Working with Children List?

• the Act will help to plug a gap in existing safeguards which previously allowed unsuitable people to move from one child care post to another without detection if they have not been convicted of an offence
• the Act provides for Scottish Ministers to keep the Disqualified from Working with Children List ( DWCL).

Who should be on the list?

• an individual working in a child care position, whether paid or unpaid, is to be referred to Scottish Ministers for inclusion on the DWCL, when they have harmed a child or put a child at risk of harm and have been dismissed or moved away from contact with children as a consequence
• the DWCL will also include those convicted of an offence against a child, when the court has referred them because it considers them to be unsuitable to work with children
• the Act extends disqualifications which already exist in England and Wales to Scotland too, except for those listed provisionally on the list kept for England and Wales under the Protection of Children Act 1999.

What does being on the DWCL mean for an individual?

• those on the DWCL (other than provisionally) are disqualified from working with children and will commit a criminal offence if they apply to or work with children
• the Act provides safeguards for an individual including the right to appeal to a Sheriff against inclusion on the DWCL
• the fact that someone is disqualified from working with children will be released as part of a Disclosure for a child care position available from Disclosure Scotland.

What are organisations' responsibilities in relation to the DWCL?

• organisations have a duty to refer such individuals to Scottish Ministers for possible inclusion on the DWCL
• failure to make a referral is an offence under the Act
• it will be an offence for an organisation to knowingly employ a person to work with children if that person is disqualified from working with children.

Children and young people may experience their parent or relatives being abused by a partner. It is estimated that in around 90% of domestic abuse cases, children are in the same room or the next room. There is also a high risk that children whose parent experiences domestic abuse is abused by the perpetrator.

There are a number of signs of the impact of domestic abuse on children and young people, which may include:

• neglect, because their parent is too exhausted (or injured) to care for them; or because caring for the child creates more jealousy and abuse
• physical and mental health problems arising from the child's anxiety and distress
• loss of sleep and inability to do homework creating difficulty at school
• anxiety about the parent resulting in clinginess in young children or absence from school in order to stay at home and 'protect' the parent
• anger and frustration, sometimes directed inwardly or towards peers and teachers; sometimes directed towards abuser and the parent.

Schools may be a place of stability and safety for children and young people in contrast to uncertainty and fear at home. However, schools with positive relationships with parents and facilities such as drop-in rooms (see Parents) also provide parents with some breathing space and the chance to access information and services to support their families.

When parents flee domestic abuse, the impact on children and young people may include:

• belongings (including school books and uniform) being left behind
• separation from siblings and parent if staying with different relatives or friends
• children and parent losing social or family networks
• becoming homeless or staying in temporary hostel, B&B or refuge accommodation where there is little space or privacy ( i.e. no room to do homework, keep clothes washed, etc)
• attendance at school being disrupted, families may move some distance away making travel difficult or they may fear the abuser will find them if the children attend school
• enrolment in a new school, with reluctance to provide details of previous location
• feeling of rootless while families live in fear of being found
• families being fearful and moving suddenly when the release date of imprisoned abusers draws near.

Schools and education authorities must consider a range of issues when they are aware of or suspect domestic abuse in a family:

• the risk to the child of direct abuse and/or neglect, or other harm - full child protection procedures may be required
• the importance of ensuring that abusers are not provided with information on their child or access to their child. Administration staff in particular should be reminded not to disclose information about any pupils to callers (who may pose as professionals) unless their identification can be verified
• the practical support a child and parent may need if they have to leave the family home suddenly; this may include temporary support with transport, a re-assessment of entitlement to school meals or clothing, re-issuing or loaning lost books or equipment
• the importance of allocating a key member of staff to support to the child and liaise with any other professionals - if this support is long term, to consider a Co-ordinated Support Plan (see Additional Support Needs)
• ensuring key staff are aware of difficulties which may arise through disrupted attendance, involvement in court proceedings, etc
• providing relevant information whilst respecting confidentiality
• supporting the efficient transfer of records, schoolwork and portfolio work to any new or temporary school, if the child has to re-locate.

Scottish Women's Aid have produced a pack for schools Supporting Children and Young People Experiencing Domestic Abuse which is available from www.children&youngpeople@scottishwomensaid.org.uk

The Scottish Executive has produced Domestic Abuse, A National Strategy 24 Nov 2000 www.scotland.gov.uk/library3/law/stva-00asp and Domestic Abuse, A National Training Strategy 24 March 2004 www.scotland.gov.uk/library5/justice/dants-00.asp , which highlight the importance of a multi-agency approach to tackle domestic abuse and supporting children and families affected by it.

"I felt like my world was falling apart. That teacher should know he saved me because he spotted I needed help. I don't think I could have come forward otherwise. "
(pupil)

All schools should have policies on the handling of incidents of drug misuse in schools. The Scottish Executive pack of Guidelines for the Management of Incidents of Drug Misuse in Schools (2000) http://www.scotland.gov.uk/library3/education/dmis-00.asp provides detailed information on procedures and good practice. The Scottish Executive has also produced Getting Our Priorities Right - good practice guidance for working with children and families affected by substance misuse ( http://www.scotland.gov.uk/library5/education/gopr.00.asp ). See also Self Harm and Suicide.

Schools may have concerns about children's safety and wellbeing arising from the drug or alcohol use of a pupil or their family.

Where the school is concerned about familial drug or alcohol use and its impact on a child's welfare and care, issues may include:

• having contact arrangements in place if a parent arrives to collect a younger child and appears too intoxicated to be responsible for them (see Collection of Children)
• pupils may have caring responsibilities for other siblings or their parent, affecting their own health and wellbeing and their learning. Pupils with caring responsibilities should be regarded as having additional support needs and a Co-ordinated Support Plan may be appropriate (see Additional Support Needs and Co-ordinated Support Plans and Young Carers)
• pupils may be experiencing neglect, including hunger, lack of sleep and lack of personal care. They may also be at increased risk of violence. A full child protection investigation may be required
• pupils may be anxious and concerned for their parent and family, and be reluctant to leave the home; or they may reject their family and spend as little time as possible at home; both scenarios may affect children's and young people's attendance and homework.

Some pupils may appreciate the support of groups such as Alateen, for children of parents affected by alcohol addiction (for Scotland groups contact Al-anon, 0141 339 8884 or organisations for young carers may provide support (for Scotland groups http://www.carers.net/organisations/YoungCarers.html ). However, pupils may also feel extremely embarrassed or ashamed of their family situation and offers of information and support must be made sensitively.

Pupils themselves may be involved in drug or alcohol use in ways which impact on their care and welfare. Not all incidents of drug or alcohol misuse involve dramatic intoxication while in school or possession of substances within school. However, schools will still find that drug and alcohol use is an issue requiring a response. Some issues arise from longer term problems, such as:

• absence from school, or patterns of absence dictated by drug or alcohol use
• changes in health and emotional wellbeing
• withdrawal symptoms when drugs or alcohol are not available
• 'come-down' symptoms after binge use ( e.g. at weekends)
• psychosis associated with prolonged and heavy use of psycho-stimulant drugs
• social impact on peer relationships following regular intoxication outside school or incidents while intoxicated
• peer exploitation (or exploitation by others) of young people when intoxicated and deliberate attempts by others to intoxicate those susceptible to this
• pupils involved in regular drug or alcohol use and intoxication may be in families with little or no parental control or where drug or alcohol use is regarded as the norm
• the effect of debt on pupils, which may cause them to steal; or may result in the people to whom they owe money hanging around at school gates to receive payment or to threaten the pupils.

Some of these signs may not be solely associated with drug or alcohol use, and some drug or alcohol use is a form of self-medication used by pupils to help them cope with, or blot out, other difficulties they are experiencing, such as abuse or neglect.

Schools should ensure that staff responsible for pastoral care have the skills and knowledge to support pupils and families where there are concerns regarding the impact of drug or alcohol misuse on children and young people.

It is essential that schools are aware of local agencies able to provide accurate information on drugs and their effects, and agencies able to provide services direct to young people whose drug use has become problematic. This information and support may be provided in confidence if the young person is unwilling to involve their parent or if there is no parental support. Occasionally services are unable to engage effectively with young people who do not acknowledge that their use is problematic. However, young people's contact with these services, if it can be arranged with their consent, may enable sufficient credibility with the young people to be gained to cause them to take the information and advice available.

Local Drug Action Teams may have directories of services and the Scottish Drugs Forum web address has a database of local services. Some services specialise in specific kinds of drug use and some agencies have a lower age limit.

"We knew our friend had a problem with the amount he was drinking. It was a relief when teachers at school got him some proper help. "
(pupil)

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