SWSG Guidance Package, Index Ref F.19

17 April 1990

Dear Colleague

DISCLOSURE OF CRIMINAL CONVICTIONS:

PROPRIETORS AND PERSONS EMPLOYED IN THE MANAGEMENT OF ESTABLISHMENTS REGISTRABLE UNDER PART IV OF THE SOCIAL WORK (SCOTLAND) ACT 1968

Summary

This Circular advises local authorities of revised arrangements for the disclosure of past convictions of persons seeking to operate or manage establishments providing social work care.

Background

Circular SWSG9/89 of 24 July 1989 (now revised) introduced new arrangements for the disclosure of information on the convictions of persons working with children. These arrangements extend to applicants for registration in respect of social work establishments for children and persons seeking employment in such establishments where they are registrable under section 62 of the Social Work (Scotland) Act 1968. This Circular introduces similar arrangements for applicants for registration in respect of establishments for adults as well as for persons seeking employment in the management of such establishments. Circular SWSG7/90 offers similar guidance in respect of staff employed in local authority residential establishments for adults.

Action

From 15 May 1990 local authorities will be able to obtain information on past convictions on the categories of persons identified above direct from the Scottish Criminal Records Office (SCRO) rather than through local police forces as at present. SCRO will require an indemnity against misuse of the information provided. A copy of the indemnity is attached at Annex A: on completion, this should be returned to the person named in paragraph 6 below, by 15 May.

4. Please note that the form of indemnity is currently under review (August 1995). Authorities will be advised of any changes in due course.

5. Applications for information as above should be directed to:

The Scottish Criminal Records Office

Strathclyde Police Headquarters

Pitt Street

GLASGOW

G2 4JS

The attention of Directors of Social Work is drawn to SCRO's preference for requests using a standard form, a specimen of which is attached at Annex B.

6. The revised guidance in paragraphs 18-22 and 24-26 in Circular SWSG9/89 on the management of any information received from SCRO in relation to persons concerned with the welfare of children applies equally to the information covered by this Circular.

Contact Point

7. Please direct any enquiries about this Circular to Mr Trevor Hall, Social Work Services Group, Room 44, James Craig Walk, Edinburgh EH1 3BA

(telephone 0131-244-5455).

Yours faithfully

GAVIN ANDERSON

ANNEX A

DISCLOSURE OF INFORMATION ON SCOTTISH CRIMINAL RECORD OFFICE DATABASE

FORM OF INDEMNITY

WHEREAS I/WE (name and address of requesting authority) shall from time to time require to seek from Scottish Criminal Record Office ("SCRO"), and SCRO will provide to me/us, details from its records of criminal convictions or of pending criminal proceedings in relation to certain persons all in terms of and in accordance with Circular SWSG3/90 and any subsequent Circular which may amend or vary its terms.

NOW THEREFORE, I/WE UNDERTAKE to indemnify and keep indemnified SCRO and any person connected with or responsible for its creation, formation, management, control, supervision or activities and in particular but without prejudice to the foregoing generality all chief constables, all public authorities, the Secretary of State for Scotland and any other Minister of the Crown or any government department or body, and in relation to any of them their agents servants or employees whomsoever, against all losses or claims of whatever kind which may arise out of or in consequence of or is referable to the provision to me/us of the information herein before referred to and against all demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

Dated this ........................................ day of .............................................. Nineteen hundred and ........................

............................................ (Witness)

(Full name and designation) Signed ....................................................................

(Full name(s) and designation(s) and authority

under which the person(s) signs)

............................................ (Witness)

(Full name and designation)

ANNEX B

SPECIMEN OF FORM TO BE USED TO REQUEST A SCRO CHECK FOR CRIMINAL CONVICTIONS

IN CONFIDENCE

Name of Organisation ...............................................................................

Address ...............................................................................

Tel ...........................

Date ........................

To: Scottish Criminal Record Office

Strathclyde Police Headquarters

Pitt Street

GLASGOW

Dr/Mr/Mrs/Miss/Ms ................................................................ (full names) of

..............................................................................................)

..............................................................................................) (present address)

..............................................................................................)

from ......................./..................../......................... (date)

..............................................................................................)

..............................................................................................) (previous address)

..............................................................................................)

from ......................./..................../......................... (date)

Date of birth ..................../................../...................... Maiden name ...............................

Any other identifying particulars (eg height) .............................................................................

..............................................................................................................................................

..............................................................................................................................................

has applied for registration/is seeking to be employed in the management of an establishment registrable under s.62 of the Social Work (Scotland) Act 1968. Please check for any record of convictions. I am satisfied that the particulars given above are accurate and that the above-named person has given written permission for the check to be made and is aware that any spent convictions will be disclosed.

Signed ........................................................

Name (in capitals) ........................................

Position ........................................................

_________________________________________________________________________

To be completed by the SCRO, and whole form returned

Tick appropriate box

No trace ½ Record attached ½

Signed ..........................................................

Rank/Appointment ........................................

Date .............................................................

CONVICTION ENQUIRY FORM

NOTES ON GUIDANCE

1. Separate form for each subject.

2. Each form is to be posted to SCRO.

3. Authorised signatures must be original.

(Photocopies, ink stamps etc will be refused)

4. When a conviction record is returned, the enquirer should satisfy himself that the subject is the person on record before use of the data.

5. In case of doubt the circumstances should be referred to SCRO.

6. The information is CONFIDENTIAL and should be administered in such a way that it is available only to the authorised person(s) and 'case' officers.

7. Information supplied should not be referred to one month after the date of issue. A further enquiry should be made.

8. Emergencies: where information is required urgently the enquiry can be made as follows:

8.1 A correctly completed Enquiry Form may be presented at the nearest Police Headquarters. Alternatively a facsimile copy of the form may be sent to SCRO..... Fax Number 041 227 1310.

8.2 A basic response will be given, which indicates the subject of the enquiry may be on file or that no record can be found. When the subject is on file the 'crime type(s)' will be given as an indication of the contents of the record found. No further detail can be given at this stage.

8.3 the Enquiry Form is always to be forwarded to SCRO following an emergency enquiry.

8.4 SCRO will respond as normal. This will be regarded as the definitive response.

8.5 SCRO will monitor the Emergency case system to ensure it is not abused.

9. Auditing

SCRO will copy a sample of all enquiries and submit them to the nominated contact officer for the enquiring service. These officers are to use this sample to confirm the correct use of the service.