Are You Required to Make a Referral to Disclosure Scotland?

Are You Required to Make a Referral to Disclosure Scotland?

Quiz – Referral or no referral?

Scenario 1

One day you are informed by an official at the club that another official is in this week’s local newspaper and on their website. The paper in question indicates that the volunteer has been arrested for the possession of indecent images of children on their home computer. You confirm with the individual that the information is true and decide that in the circumstances the individual can no longer coach children for you so you remove the individual from the coaching role and decide that whilst the case is ongoingyou are going to place them in an admnistrative position.

Are you required to make a referral to Disclosure Scotland?

A: It depends. If the move from the coaching role is permanent, then yes you must make a referral. Even though the conduct was outside of the club, you’ve removed the individual because of one of the definitions of “harm”. However, if the move is only temporary pending further investigations then you do not make a referral unless and until such times as you decide to remove them permanently from a regulated work post. There is nothing to stop the individual continuing in a role which is not regulated work.

Scenario 2

An allegation has been made about a coach within the club. It is alleged that the coach was seen by another official physically assaulting one of the players. You investigate the allegation but the coach leaves the club during the investigation. The information you gather leads you to contact the police as you are convinced that there has been a case of physical assault.

Are you required to make a referral to Disclosure Scotland?

A: Yes, you must make a referral even though there is an ongoing police investigation and even though the coach has left the club.

Scenario 3

It is brought to your attention that one of the assistant coaches at the club has befriended on Facebook, on their own account rather than through an official account, several of the players within their team. Part of the complaint is that the assistant coach puts on his personal Facebook profile photographs and other assorted pieces of information that may not be considered suitable for children to see. You ask the assistant coach to remove the link between themselves and the children and point them to the club’s official page. The assistant coach agrees to do so and accepts their behaviour was inappropriate.

Are you required to make a referral to Disclosure Scotland?

A: No, you do not make a referral as you have not removed the individual from post. Also, while the behaviour in friending children on their personal page may have been unwise, simply the content of the individual’s personal Facebook page would not constitute “harm”.

Scenario 4

Information is passed to you in relation to a historical allegation of abuse. It has been alleged that there was a continual period of improper conduct between a Coach and a couple of children.

The alleged abuse is said to have taken place over a number of years, but prior to the implementation of the PVG scheme in 2011. The coach left the club a number of years ago.

Are you required to make a referral to Disclosure Scotland?

A: No. You are not legally obliged to make a referral. However, the PVG Act allows for historic referrals so you have the power to make a referral if you wish to do so.

Scenario 5

You are away with the team for the whole weekend playing in a tournament.Information is passed to you regarding two of the volunteers who have been assisting with supervising the players.

It is alleged that the volunteers were drunk whilst in charge of a group of children.

After an internal investigation you decide not to use the two volunteers again as you think their conduct was not in line with what the organisation requires.

Are you required to make a referral to Disclosure Scotland?

A: Yes you must make a referral. By being drunk in charge of the children, the individuals put the children at risk of harm.