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Pandemic Flu: Scottish Guidance on Health Workforce

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Appendix Two

Disclosure Scotland Checks in a Pandemic

Current requirements

The Partnership Information Network ( PIN) publication ' Safer Pre and Post Employment Checks - Policy for NHSScotland' was launched on 17 December 2007. It describes the procedures for the entry of staff into NHS Scotland, and outlines the minimum requirements for NHS Scotland employers which organisations can develop further to meet local needs.

It is standard policy that Health Boards must request Disclosure Scotland Enhanced or Standard checks as appropriate. If a post involves unsupervised patient contact or has the potential to put patients at risk then an Enhanced check must be obtained.

In addition, Enhanced disclosure checks are required for all people working in a child care position to ensure compliance with the terms of the Protection of Children (Scotland) Act 2003. Under the Act, it is an offence for an organisation to offer work in a child care position to an individual who is disqualified from working with children.

Requirements during a pandemic

During an influenza pandemic, it is possible that Disclosure Scotland may be unable to process new disclosure requests due to a combination of increased demand and reduced capacity. This may impact upon NHS Boards' ability to keep core health services running as they may be unable to redeploy or employ staff or volunteers with lower level disclosure checks.

In the event that Disclosure Scotland is unable to process new requests, the Scottish Government will recommend that NHS Boards follow alternative procedures as outlined below. HOWEVER, THERE WILL BE NO CHANGE TO THE LAW AND THE REQUIREMENT FOR PEOPLE WORKING IN CHILD CARE POSITIONS TO HAVE ENHANCED DISCLOSURE CHECKS WILL REMAIN IN PLACE.

Where available staff do not have the requisite level of disclosure for an intended post (except child care posts), NHS Boards must ensure that a thorough risk assessment is carried out. This risk assessment should incorporate the following elements:

  • What is the potential risk to patients
  • Does the post involve unsupervised patient contact
  • Does the post involve the staff member working with others who have had requisite disclosure checks
  • Can adjustments be made to the post to reduce risks
  • What is the most recent disclosure information available for the staff member
  • Are there references which can be followed up

Redeployment/employment of staff on this basis will be temporary and the requirement for disclosure checks will be reinstated once Disclosure Scotland is again able to process requests.

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Page updated: Friday, August 22, 2008