Two years on – referral powers for councils and Integration Joint Boards
In some self-directed support arrangements, people employ their own carers or support workers. This offers greater choice and control for the individual receiving support.
However, these arrangements mean that, if serious safeguarding concerns arise, there is no organisation or employer able to make a referral to Disclosure Scotland if serious safeguarding concerns arise.
To help address this gap, local authorities and Integration Joint Boards (IJBs) have been able to make referrals to Disclosure Scotland since September 2024 under the Disclosure (Scotland) Act 2020.
Local authorities and IJBs may become aware of concerns through child protection investigations, adult protection investigations or other safeguarding activity carried out as part of their statutory functions. Where they identify information that suggests an individual working in a regulated role may have harmed, or placed at risk of harm, a child or protected adult, they can make a referral to Disclosure Scotland.
Why do these powers matter?
These powers help ensure important safeguarding information does not go unreported simply because there is no employer or regulatory body involved.
For example, someone receiving self-directed support may directly employ their own personal assistant. If safeguarding concerns emerge and no referral has been made, councils and IJBs can share relevant information with Disclosure Scotland following child protection or adult protection inquiries.
This helps ensure information about potential risks can be considered as part of Disclosure Scotland's role in assessing an individual's suitability to work with vulnerable groups.
A reminder for councils and Integration Joint Boards
As we mark two years since these powers were introduced, we're encouraging councils and Integration Joint Boards to review their safeguarding and referral processes.
Consider whether staff involved in child protection and adult protection work are aware of:
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the referral powers available to their organisation
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the circumstances in which a referral may be appropriate
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the information required to support a referral
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how referrals can be made
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where guidance and support can be accessed
By raising awareness of these powers, we can help ensure safeguarding concerns are identified, shared appropriately and considered where necessary.
Find out more about referral powers and access guidance on making a referral on Disclosure Scotland’s website.