The Level 1 and Level 2 Disclosure Information (Scotland) Regulations 2024

The Level 1 and Level 2 Disclosure Information (Scotland) Regulations 2024 aim to update and streamline the procedures for accessing and using disclosure information in Scotland, particularly with regard to individuals seeking employment or volunteer roles. These regulations define the processes for obtaining different levels of disclosure checks, which are used to assess whether an individual is suitable for specific roles, particularly those involving vulnerable individuals, such as in healthcare, education, and social care sectors. By clarifying the rules around these checks, the regulations help improve the efficiency, accuracy, and transparency of the disclosure process.

Key requirements include:

• Level 1 Disclosure: This level provides basic criminal record information, including details of any unspent convictions. It is typically used for roles where the individual will not have direct contact with vulnerable groups or high-security concerns.
• Level 2 Disclosure: This level provides more comprehensive information, including both spent and unspent convictions, cautions, and any relevant information held by the police that is considered relevant to the role being applied for. Level 2 disclosures are required for positions involving direct interaction with vulnerable individuals or where additional safeguarding checks are necessary.
• Eligibility for Disclosure: The regulations outline specific criteria determining which roles require Level 1 or Level 2 disclosures. These include roles that involve working with children, vulnerable adults, or in sensitive sectors such as healthcare and education. Certain organisations are legally mandated to request a specific level of disclosure based on the nature of the role. For example, employers in social care or educational settings must typically request Level 2 disclosures for roles involving direct care or supervision of vulnerable groups.
• Application Process: The regulations standardise the process by which individuals can apply for a Level 1 or Level 2 disclosure. Applications must be submitted to Disclosure Scotland, which is responsible for processing the requests. Applicants must provide personal details and information about the role for which the disclosure is being requested. The application process is largely digital, aiming to make the system more efficient and accessible.
• Use of Disclosure Information: Employers and organisations must use disclosure information responsibly, ensuring that it is used solely for the purpose for which it was obtained. Any information disclosed must be kept confidential and used in compliance with data protection laws. Employers are prohibited from discriminating against applicants based solely on a criminal record, unless the information is directly relevant to the role in question.
• Appeals and Reconsideration: Individuals who believe there has been an error in the information disclosed or who feel that a disclosure decision unfairly impacts their ability to secure employment have the right to appeal. The regulations outline the appeal process, including how individuals can challenge inaccurate information or request reconsideration if a disclosure is deemed disproportionate or irrelevant to the role.
• Data Protection and Privacy: The regulations emphasise the importance of handling disclosure information in a manner that complies with privacy and data protection laws. Employers and organisations are required to ensure that any personal data contained in a disclosure report is securely stored and managed.

The Level 1 and Level 2 Disclosure Information (Scotland) Regulations 2024 came into force on the 26th of November 2024 and apply to Scotland.