Disclosure Scotland policy
This policy provides guidance on the proper and lawful use of information provided to HMIE.
Storing and accessing information
Disclosure return information and the tracking of disclosure applications and results will be held in a secure online folder which the lead and counter signatories will have access to.
Using, protecting and managing information
Disclosure information will be classed as for recipients only in inspection planning and programme management teams. Information is only used for information relating to individual Associate Assessors or Lay Members who are directly or indirectly identifiable. This information will only be shared with named individuals on a need-to-know basis.
Disclosure information will only be used for specific purpose for which it was requested and for which the applicant’s full consent has been given which will be for appointment of Associate Assessors and Lay Members. Certificate information is only passed to those who are authorised to receive it in the course of their duties, this includes the inspection planning and programme management teams.
Retention and disposal of information
HMIE will not keep disclosure information for any longer than is not absolutely necessary. The standard period will be up to six months to allow for the consideration and resolution in the case of any disputes and or complaints. At the end of every calendar month, disclosures not required for the resolution of disputes or complaints will be deleted by secure means.
We will not keep any photocopy or other image of the certificate or any copy or representation of the contents of a certificate. We may keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken.
PVG Membership checks and policy on appointment of ex-offenders
HMIE appoints Associate Assessors, Lay Members, and Student Team Members to join inspections. These roles are regulated under the Protection of Vulnerable Groups Act. Appointments will be subject to PVG membership and satisfactory scheme checks.
Request for a PVG Membership Scheme record
We will request a scheme record or scheme record update for posts that have been identified as regulated work under the Protection of Vulnerable Groups (Scotland) Act 2007. All applicants for such posts will be made aware at the initial recruitment stage that appointment to the position will be subject to PVG scheme membership.
Assessment of PVG information
If an individual is listed by the Scottish Ministers as unsuitable to carry out the specified regulated work, they will not be appointed to the post. Otherwise, if an individual has a criminal record, this will not necessarily debar them from appointment. This will depend on the nature of the position, together with the circumstances and background of the offences and/or other relevant information. Final decisions on appointment of applicants with a criminal record will be taken by senior HMIE staff.
HMIE will ensure that lead and counter-signatories are suitably trained. HMIE will also ensure that appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders (for example, the Rehabilitation of Offenders Act 1974) is provided to senior staff involved in selection panels.