Understanding the New Disclosure Scotland System: What Job Seekers and Employers Need to Know

On 1st April 2025, Disclosure Scotland overhauled its criminal record check system. These updates are introduced under the new Disclosure Scotland Act 2020, which has modernised and simplified the way the country conducts background checks. No matter the circumstances- applying for a job, volunteering, or adopting a child- it is now crucial to understand the changes in order to comply with it.

What Has Changed?

The earlier approach to addressing criminal record checks had four layers, which were basic, standard, enhanced, and PVG scheme. The new arrangement has reversed that and provided a brand-new structure:

• Level 1 Disclosure
• Level 2 Disclosure
• Level 2 with barred list check
• Protecting Vulnerable Groups (PVG) Scheme

Let’s understand each of these levels.

Level 1 Disclosure: Previously Basic Disclosure

Level 1 disclosure is accessible to anyone. It has taken the place of what was once known as basic disclosure and is mainly used for two reasons: people use it for personal reference, or by an employer, to find out things about an individual when they are making employment decisions.

This disclosure shows:

• Any unspent convictions
• Candidate’s name, address, and date of birth
• The date of issue for the check

No matter if you are looking to hire a retail volunteer, or just need to verify their background, a Level 1 disclosure gives a simple and clear summary that is rarely called into question.

Tip: Apply through Disclosure Scotland if you are hiring for a role in Scotland. Use the Disclosure and Barring Service (DBS) for jobs based in England or Wales.

Level 2 Disclosure: Previously Standard Disclosure

Standard disclosure is replaced by level 2 disclosure. It is meant for roles that require a deeper level of screening, like those performed for solicitors, accountants, and other positions of trust.

What it includes:

• Unspent convictions
• Certain spent convictions, including those from childhood or children’s hearings
• Notification requirements (e.g., if you're on the Sex Offenders Register)
• Unspent cautions (excluding childhood cautions)
• Other relevant police information

An initiation at this level can occur only from an organisation. When the organisation starts the initiation, the applicant shall be notified via email to complete the application.

Level 2 with Barred List Check: Previously Enhanced Disclosure

Certain activities, such as adopting a child or serving as a foster parent, require an extra layer of scrutiny when it comes to checking backgrounds. For these activities, we use the Level 2 with barred list check. This check has replaced enhanced disclosure Scotland.

In addition to everything found in a typical Level 2 check, this version additionally displays:

• If the candidate is on the barred lists for working with children or protected adults.
• If you’re under active consideration for listing
• Civil court orders that are relevant and necessary

This must be initiated by an authorised organisation, just like the regular Level 2 disclosure.

PVG Scheme: A Legal Requirement for Regulated Roles

When an individual applies for a job that involves working directly with children or vulnerable adults, they must join the Protecting Vulnerable Groups (PVG) scheme. This is a legal requirement for jobs like teachers, care workers, and other regulated positions.

What does a PVG disclosure show?

• All information obtained from a Level 2 disclosure
• The status of membership in the PVG scheme.
• If the candidate is currently being considered for inclusion on the barred list
• Any prescribed civil court orders.

It is the responsibility of employers to start the PVG application process. However, if a person is self-employed and working with groups that are vulnerable, they, too, can apply independently.

Keeping the PVG Membership Updated

Once an individual becomes part of the PVG scheme, they must ensure that their personal details and employment status are up-to-date. If an individual changes jobs, their new employer may request that the individual complete a new disclosure to reflect their updated information.

If the individual is no longer in a regulated role, they may ask to withdraw from the PVG scheme.

Barred Lists and Ongoing Monitoring

Barred lists are kept by Disclosure Scotland to prevent unsuitable individuals from working with protected groups. When an organisation or a check hit upon a concern, Disclosure Scotland can instigate a formal review.

Organisations also have a legal obligation to report harmful conduct by employees or volunteers who serve in regulated positions.

Final Thoughts

The aim of these changes is to achieve balance between the protection of sensitive parties and the reasonable expectation of privacy for individuals who are subjected to background checks. Understanding the process and the disclosure levels, individuals and employers can navigate the process with greater confidence.

If you're uncertain about which kind of disclosure you need, speak with our expert screening team or refer to the official Disclosure Scotland guidance to identify exactly the right sort of fit for your requirement.