16th March 2023
Your 'Duty to Refer'
Disclosure Scotland have asked us to reach out to our enrolled organisations and groups to remind them of their duty to refer responsibilities.
About your 'Duty to Refer'
It is a criminal offence, punishable by imprisonment and/or a financial penalty, for your organisation to fail to refer an individual to Disclosure Scotland, when the referral grounds are met.
Your organisation has individuals undertaking regulated work, and has a legal duty to report harmful behaviour towards vulnerable individuals by staff/volunteers to Disclosure Scotland. You must refer if you permanently remove an individual from their regulated work role, or would have done if they had not already left, because of the referral grounds being met. Your organisation may be reported to Police Scotland if you commit this offence.
Available Support on Referrals
We appreciate this sounds daunting but don’t worry, we have several guidance and support options available to you.