Implementing the Disclosure (Scotland) Act 2020: what HR professionals need to know

The Disclosure (Scotland) Act 2020 introduces significant changes to Scotland's background check system, impacting disclosure checks, Protecting Vulnerable Groups (PVG) scheme memberships, and safeguarding procedures. As a HR professional, understanding these updates is essential to ensure compliance and maintain robust safeguarding practices. Here’s everything you need to know: 

Why the Disclosure (Scotland) Act 2020 matters 

The Act aims to: 

• Protect the public while enabling individuals to move forward from past offences. 

• Simplify the process for disclosing criminal history information. 

Following extensive consultation and parliamentary scrutiny, the Act became law in July 2020, with changes scheduled to take effect from 1 April 2025. These changes are designed to modernise and streamline the disclosure process while enhancing safeguarding and reducing complexity. 

Key changes HR teams should prepare for 

New disclosure levels 

The way disclosure checks are carried out will change significantly from 1 April 2025. The current four disclosure levels—basic, standard, enhanced, and PVG scheme—will be replaced by: 

• Level 1: Replacing basic disclosure, showing unspent convictions and any notification requirements (such as being on the Sex Offenders Register). 

• Level 2: Replacing most standard disclosures, showing unspent convictions, certain spent convictions, and other relevant information held by the police. 

• Level 2 with barred list check: Required for certain roles, such as adopting a child, where enhanced scrutiny is necessary to ensure the individual is not barred from working with children or protected adults. 

• PVG scheme: The Protecting Vulnerable Groups (PVG) scheme remains in place but will undergo updates to become mandatory for all regulated roles. 

Mandatory and time-limited PVG membership

The PVG scheme will become mandatory for all individuals in regulated roles involving children and protected adults. Key updates include: 

• Mandatory membership: Effective from 1 April 2025 for all regulated roles. 

• Time-limited memberships: From 1 April 2026, lifetime memberships will end, transitioning to five-year renewals. Regular renewals aim to keep the system current and enhance safeguarding practices. 

Additionally, the statement of scheme membership will be replaced by a confirmation of PVG scheme membership, which does not include conviction information.

Enhanced powers for Disclosure Scotland

Disclosure Scotland will gain new powers to: 

• Bar individuals from working with children or protected adults following investigations. 

• Impose conditions during investigations, which remain in place until a final decision is made. 

These changes introduce an extra layer of safeguarding during investigations, ensuring vulnerable individuals are protected throughout the process.

New powers for councils and integration boards

Local councils and integration boards will be able to: 

• Refer individuals to Disclosure Scotland for safeguarding those who manage their own care arrangements, such as self-directed support or direct employment of carers. 

This shift acknowledges the importance of safeguarding in non-traditional care settings and extends protection to more vulnerable groups. 

How to prepare for these changes 

1. Engage with guidance and training 

Disclosure Scotland is working closely with stakeholders to create training materials and detailed guidance to help organisations navigate these changes. HR teams should utilise these resources to stay informed and up-to-date. 

2. Audit current processes 

Review your organisation’s current disclosure and PVG membership practices. Prepare for time-limited memberships and new disclosure levels by ensuring records and processes are aligned with upcoming requirements. 

3. Communicate with stakeholders 

Clear communication with hiring teams, managers, and care coordinators is essential. Ensuring all stakeholders understand the changes will help manage expectations and maintain compliance. 

4. Stay updated 

Keep an eye on updates from Disclosure Scotland and official channels like mygov.scot. Proactive engagement with new developments will position your organisation ahead of the curve. 

How Giant Screening can help 

At Giant Screening, we’re here to make navigating these regulatory changes seamless for your organisation. Our tailored screening solutions, expert guidance, and commitment to compliance ensure you’re always prepared. 

For more information on adapting your processes to the Disclosure (Scotland) Act 2020, get in touch with our team today.