All About Scottish Disclosure

Scotland’s legal system is separate from that in England and Wales and has its own terminology. For example, the crime of perjury (lying in court) doesn’t exist in Scotland; the equivalent crime of “defeating the ends of justice” covers everything which is known as perjury or perverting the course of justice in England and Wales. To take account of these fundamental differences in the law and court system, Scotland has its own system for running criminal records checks. Disclosure Scotland is the body which oversees criminal records checks in Scotland but apart from the difference in name, the ethos of the organisation is the same as the DBS. The jobs which would require a disclosure check in England and Wales are the same jobs as will require a disclosure check in Scotland – there’s no difference in that aspect of the system.

So, What’s PVG?

PVG is a scheme run by Disclosure Scotland. PVG stands for Protecting Vulnerable Groups. In England or Wales, people who wish to work with children, patients in hospital, prisoners or the elderly require a standard or enhanced disclosure check as these activities are classed as regulated work. In Scotland, there are still enhanced and standard disclosures, administrated by the PVG scheme. It all sounds complex, and it can be, but remember – your employer is the one who carries the responsibility for making sure you have the right check for the job you will be doing.

Getting a PVG Check

The good news for anyone who has ever completed a DBS certificate application before is that the process for a PVG check is very similar. First, fill in the application form either online or old style, using pen and paper. Your employer should be able to help with any questions you are struggling to answer, or Disclosure Scotland has a team which can respond to telephone or email queries. After you have completed the form, you will be asked to show a selection of documents which prove your identity and your address.

After you have completed the paperwork, the form will be passed on to Disclosure Scotland for checking. Police Scotland will check their records to see what information they have about you on their system, and if you have lived elsewhere in the UK, liaise with other forces to collate the information. Finally, Police Scotland will produce a certificate, which they will send out to you in the post. Your employer may want to keep a note of the number of your certificate, but you should have the original returned to you.

Conduct Outside Work

It’s very common for an employment contract to have some clause about bringing the employer into disrepute or conduct outside of work impacting on your ability to do your job. Depending on what you get up to in your spare time, and the working on your contract, something which happens outside of work could result in disciplinary procedures. If you are convicted of a crime, then this might affect any rile you apply for in the future which requires a DBS check.

Social Media

Most employers will have a clause about social medial use, and many will ask employees not to mention who they work for on their posts. Employees who take to social media to criticise their employers can also find themselves in hot water, and several employees have been sacked for improper social media use in the past. The disciplinary decision is often made based on the extent of the damage to the employer’s business, the number of social media posts, and the audience of those posts. Police are also cracking down on threatening or racist posts on social media, and if you end up with a criminal conviction this could show up on any future disclosure check.

Criminal Behaviour

According to ACAS, the body which has the job of mediating in issues between employers and employees, being charged or even being convicted of a crime isn’t in itself a reason for disciplinary action against a worker. However, employers do have the right to consider whether an employee’s actions mean they are no longer suitable for the job, and to consider the impact on relationships with customers and colleagues. With the most serious crimes which result in a prison sentence, dismissal is often automatic as there is no prospect of the employee returning to work, so the contract is “frustrated”.

DBS Checks in the Future

Disclosure checks are only interested in criminal matters which have resulted in either a caution or a conviction. They will not have access to your employee records and aren’t interested in any disciplinary action. However, previous employers may choose to disclose information about disciplinaries in references. Not all convictions and cautions will be automatically disclosed either, as the DBS goes through the filtering process in order to ensure that people are not hindered by very old offences. The key aspect of all of this? Things you do outside work can impact your future too.

Comparison is Key

Spotting fakes is much easier when someone has experience in looking at hundreds or thousands of genuine documents. Therefore, it makes sense to have one or just a few key people within an organisation whose job it is to look over the DBS certificates as they come in, rather than delegating the responsibility to individual department managers or team leaders. If a company is relying on a larger number of people to monitor checks coming in, then it makes sense to have one key point of contact for any queries.

Standard Security Features

If you’re not sure whether a certificate is genuine, there are a few simple things to look for which will help you make a decision.

• Size of paper – perhaps the easiest check is on the paper size. A DBS certificate is 209mm wide by 404mm long, which is a little larger than A4. Just place a sheet of A4 over the top of the certificate to check the size is correct.
• Printing – a genuine DBS certificate is printed on both sides, not just on the front.
• The ink colour used for the print is dark purple and should appear consistent and sharp. Words which look squint, or fuzzy, or appear to be in a slightly different font from the rest of the print might indicate that something isn’t quite right.
• Background design – a genuine DBS certificate is printed on paper which has a background design consisting of the word “disclosure” in wavy print all over the paper. This pattern appears on both sides of the paper.
• Crown Seal – if you hold up a genuine DBS certificate to the light, you should see a clear Crown Seal watermark repeated down the right-hand side of the paper.

PVG and Access NI

The Disclosure and Barring Service covers just England and Wales, and employers recruiting staff in Scotland or Northern Ireland might also have to deal with certificates issued by other bodies. Fakes can be harder to spot if you’re not as familiar with the real deal certificate. If in doubt, speak to Disclosure Scotland or Access NI, who might not be able to give you many details about individual applications, but who should be able to run you through the security features to look for.

History of the SIA Licence

Before 2001, there was no standard training or licensing for the security industry. The whole sector suffered from an image problem, with some companies carrying out no vetting at all on employees, and not training them properly for roles. The SIA was created in 2003 as a public body, reporting to the Home Secretary, as a way of imposing minimum standards on the industry and to keep the criminal element out of security.

Fit and Proper People

The main role of the SIA is to licence and regulate the industry, by way of “fit and proper people” checks on those both running security companies and working on the doors. In order to qualify as a fit and proper person, employees must have basic qualifications and training, and have a standard DBS check. A standard check looks at an applicant’s current and unspent criminal record and also any offences from the past which could impact on their suitability as a security employer or business owner.

Having a single, minor conviction is not going to rule someone out from being a security guard, but multiple convictions might. Similarly, if the conviction was for something serious such as assault or grievous bodily harm, the SIA will be looking for evidence that the offender is no longer violent. There is lots of information on the SIA website about getting a check and the process to follow. The SIA, as with all other employers in the UK, will also carry out Right to Work checks on all SIA applicants to make sure they are legally allowed to live and work in the UK.

Front-Line Licence

The SIA offers two types of licence, the first of which is the Front-Line licence. This is the sort of licence you will need if you are going to be working on the door at a nightclub and dealing with the general public, guarding valuables in a museum, or applying for a job working for a company which transports cash or valuables. The licence is a plastic card about the size of a credit card, and the SIA legislation requires all holders to wear their licence while they’re working.

Non-Front Line Licence

The other type of licence is for people who are working in the security industry but at one step removed from the public, so perhaps supervising a team of security guards, or owning an agency supplying staff to events. This licence is a letter rather than a card and doesn’t have to be carried at all times.

Fees for DBS Checks

Anyone who is thinking about withdrawing a DBS check should be aware of the financial implications – even if you’ve submitted your application just five minutes before, the application fee is non-refundable, so you won’t get your money back. This is the case whether you are paying your own application fee for a basic check, or whether your employer is funding the checks for you. The DBS will only allow you to withdraw your application if it has not got to the printing stage. If you decide you want to apply for another DBS check in the future, then you will have to pay the application fee again too.

Registered Bodies or Employers

Applicants may have a change of mind and decide to withdraw their DBS check, but in other circumstances, employers may be obliged to withdraw checks too. This is a legal requirement in some situations. If an applicant isn’t interested in the position being offered any more, registered bodies have a legal obligation to withdraw the application as they are no longer entitled to see the outcome of any disclosure process.

How Do I Make a Withdrawal?

There are a few routes which can be used to request a withdrawal of a DBS application. Applicants or employers can:

• Email the DBS withdrawal team – address available on the DBS website.
• Sending written notification to the DBS withdrawals team at their office in Liverpool.
• Contacting the local police force concerned.

If you ask for withdrawal by email, or via the police, the DBS will then send out a form to complete to confirm that the withdrawal is genuine, and which needs to be signed (either digitally, or by pen). If you are at all confused about how to withdraw your DBS application while it is being processed, speak to the DBS helpline or your employer for advice.

Is It Worth Making a Withdrawal?

If you are acting on behalf of a body and are dealing with an applicant who has decided they are no longer interested in working for you, as described above you have no option but to action a withdrawal. But from an individual’s point of view, is it really worth it? The answer is probably not. The money you have paid for your application is spent, and the DBS are clear that you will not get a refund of your application fee, whatever the circumstances. So, there’s really no benefit to you in making the effort to call or email – just let the process run its course and dispose of the certificate when it turns up in the post.

Extent of Fraud

The number of fraudulent job postings is higher than many people imagine – industry figures show that during the pandemic, almost 75% of all people actively looking for a job went so far as applying for a job which wasn’t genuine. The main issue appears to be lack of education and awareness about the growing problem of employment fraud. Equipping job hunters with the knowledge and awareness about scams should help them spot the dodgy job offers quickly, and prevent them being scammed out of money, and wasting time too.

Although the main aim of people offering fake jobs is to scam some money out of the applicant, there is also evidence that some of the perpetrators are using the personal details which applicants hand over to commit identity fraud.

How To Spot a Scam

The JobsAware site has lots of information about all types of job scams and how to identify them. There are however some common themes which appear in multiple adverts and might help weed out the fakes. These are:

• Adverts for companies which don’t exist – always Google a company to make sure it’s genuine before applying.
• Adverts which have lots of spelling and grammar errors.
• Suspicious contact details – multinational companies don’t generally use Yahoo or Gmail email addresses, for example.
• Offers of jobs with immediate starts, no need for an interview or application form.
• Salaries way above the going rate for the work.
• Requests to pay an administration fee, processing fee, or consideration fee.

How are DBS Checks Involved?

One of the common tricks the scammers use is to state that the position under consideration needs a DBS check, and request that applicants pay the cost for this check up front. The applicant pays the check, never receives their certificate, and the job offer falls through.

What Can I Do If I’ve Been Scammed?

JobsAware want to hear from you if you have been targeted by this sort of scam or have been treated unfairly by a recruiter. You can report the company online and JobsAware will investigate. If you have been conned out of money to apply for a job or have been asked to pay for a DBS check which never arrives, then this is a police matter. Talk about your experiences and post on job forums to share what’s happened with other job hunters; you might be able to save someone else from the same fate.

Temporary Workers and DBS Checks

There is no difference in the requirement for DBS checks for temporary compared to permanent workers. The determining factor is the activities which are being carried out, not the employment status of the person doing them. So just as a full-time carer working in a nursing home needs an enhanced disclosure check, so does a student who is drafted in for a few weeks to cover staff holiday. This can give employers – and employees – a bit of a headache.

Processing Times for DBS Checks

Before the Covid-19 pandemic, processing times for DBS checks were falling quarter on quarter, and you could be reasonably sure that when you submitted your application, you could expect the certificate in a post around three weeks later. But over the past year, the DBS has been prioritising any applications from people working in the health and social care sector, with the knock-on effect being that other applicants wait longer. This could work in your favour if you are planning to spend your summer working as a hospital health care assistant, or as a carer for people in their own homes. If however you are planning on a summer running sports camps for children, you may have a much longer wait.

Speeding Up Your DBS Check

Although there’s nothing you can do to make the wheels turn more quickly at the DBS office, there is lots you can do to make sure your application doesn’t hit any hurdles along the way. Take your time while completing it, making sure to fill in all of the information you are asked for, and paying special attention over the previous address section. Ask for advice if you are unsure about what you should be filling in each box, either from your employer, or directly from the DBS.

Start Work Without DBS?

Depending on the type of work, employers may have some leeway to allow workers to start pending a DBS check. A fast-track option called Adult First is a way of quickly checking the Barred Lists for Adults, and a clear check will allow people to start work in some situations. Employers might pair staff whose check is pending with other staff who have more experience. Certain tasks may be reserved for disclosed members of staff only. Any employer who is accustomed to taking on seasonal or temporary staff should have policies and procedures in place to deal with these circumstances.

Do all students need DBS checks?

Nobody needs a criminal records check to attend university, go to lectures and hand in assignments. A criminal records check through the Disclosure and Barring Service (DBS) service is therefore not a standard part of University application for most people. However, there are some courses which involve not only classroom learning, but some practical experience too. Students on courses training them to be nurses, dentists, doctors, or physiotherapists need access to real patients, and student teachers need time in the classroom training with real children. As all of these professions require a DBS check for people who have qualified for the role, university students are no exception. Usually, a DBS application is made when the prospective student accepts a place. But if the student is applying through clearing, is there enough time?

Don’t Delay in Application

As soon as you accept a place on a course which requires a DBS check, the University should be in touch with information about what you need to do and what paperwork you should submit. Remember that Universities will be dealing with hundreds of students in your position and will know the process for student applications inside out. If you have any questions, then they are the people to ask.

Completing Your DBS Application

There is no separate way for students to apply for a DBS check, and the application process is the same as for everyone else. Start by filling in the form – usually the university will ask you to do this online but may ask for a paper form instead. Take care when completing the form as any error made at this stage will cause delays when the DBS return your form to you. The sections which catch most people out concern all previous names and your address history. Make sure you are absolutely clear on what is being asked and if you’re not, seek clarification from either your contact at the University, or from the DBS by emailing or calling them.

Your DBS certificate will be sent to you in the post, and not to your university. Check with the university to see how they want the information sent on to them – they may want to see the original of the certificate or might just need the number from it.

Personality and Intelligence

The idea behind psychometric testing is to look at the candidate’s personality and style, and to give clues about how good they are at problem solving, decision making and their basic level of intelligence. These tests aren’t job-specific, with the same tests being used by employers across a wide range of industries. You can’t pass or fail a psychometric test. The personality tests will result in a report which identifies qualities such as leadership or decision making. In the numerical and verbal reasoning tests, the results are expressed in a percentile, which is just a mathematical way of comparing how well you performed against the population in general, or against other people taking the test at the same time.

Can I Study for the Tests?

Personality tests are designed to identify your core personality and motivations and are usually answered on a scale. There’s no real way of studying for these tests and as you’re never sure exactly what the employers are looking for, there’s no point in trying to “throw” the tests. Not every employer is looking for someone with strong leadership potential, for example. Just be honest and answer the question with the response which feels fits best with your personality.

The numerical and verbal reasoning tests can be studied, and it’s more about familiarising yourself with the format of the questions and looking through a few practice papers to know what to expect on the day. Reading extensively and trying to expand your vocabulary might help with the English language side of the tests, as will looking at graphs, tables, and other ways of expressing data for the maths tests. There are lots of sites online which provide sample questions or whole papers. One important issue in testing is often time management. Many candidates who haven’t been through psychometric assessment before find they run out of time before they’ve done the paper.

Part of the Decision-Making Process

Employers will never just use psychometric testing as a way of deciding who to employ. The information revealed in the test results will be considered along with the results of the interview, the experience and qualifications held by the candidate, and other factors to decide who should be offered the position. Unsuccessful candidates might be able to ask for their results from the psychometric element but as these results are rarely the sole reason for not employing, don’t spend too long over-analysing your performance.

Fixed Penalty Notice

A “fine” for breaching Covid regulations, or a fixed penalty notice for any other offence such as speeding, driving through a red light, or littering isn’t really recorded as a crime. Although in many cases it’s a police officer which will dish out the fine or ticket, this matter will never be recorded on your criminal record. You can rack up dozens of fines, pay them all off promptly, and this won’t affect any disclosure check. The police might issue the fixed penalty notices for speeding or littering, but don’t administer them. The administration of receiving payment is sub-contracted out to a third party, such as ACRO. So, when you pay your fine for running a yellow light or having too many people in your house during Covid restrictions you send the payment to ACRO and that’s usually the end of the matter. You also have the choice of refusing a fixed penalty notice and taking the matter to court if you believe the fine is unjustified, but this is risky. If you do choose to go to court and are still found guilty, the costs could be much higher.

What Happens if You Don’t Pay a Fixed Penalty?

Part of the confusion over whether getting a fine for speeding or graffiti is due to what happens when you don’t pay. If you ignore a fixed penalty notice and don’t pay before the deadline date, then the next stage is a summons to magistrate’s court. At this stage, the matter switches from being a civil matter which won’t appear on your criminal record, to a criminal matter which might appear on any future disclosure certificate. The advice is therefore fairly clear; if you accept a fixed penalty notice and think it’s justified, then pay promptly and don’t let it get anywhere near the stage of going to court.

Filtering Offences

Even if you do ignore a fixed penalty notice and it gets to the stage of going to court, that still doesn’t mean that the non-payment of a fine will automatically appear on your disclosure check. When producing a DBS certificate, the Police go through a process called filtering, which means that they will “filter out” any minor convictions and cautions which they don’t think are relevant to the position under consideration. It is very unlikely that the Police will consider one matter of an unpaid fine decades ago is relevant. However, if you have a long history of not paying fines until it goes to court and are applying for a position in a financial services organisation, this could well count against you.