Chamber and committees

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

Disclosure Scotland has reviewed its letters, in connection with the consideration for listing (barring) process, to ensure they are written in Plain English and easier to understand. We have removed much of the ‘legal jargon’ where possible (not just for those who have experienced childhood trauma but for all individuals). We have also recently reviewed our letters which set out the reasons for listing to ensure these are easier to understand, again with less legal reference where possible. During the formal consideration process if we identify a potential vulnerability (which is not restricted to a history of care experience), Disclosure Scotland will reach out to relevant professionals, such as a social worker, to ensure we are communicating with the individual in the most appropriate and supportive way.

New processes for review applications under the Disclosure (Scotland) Act 2020 are due to be implemented in April 2025. Disclosure Scotland is engaging with Who Cares? Scotland, Children and Young People's Centre for Justice and Clan Childlaw about the effect on people who had justice-experience in childhood.

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

The following table details processed disclosure applications, by application type, from 2016 to 2023:

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

Three recent Acts of the Scottish Parliament - the Management of Offenders (Scotland Act 2019, the Age of Criminal Responsibility (Scotland) Act 2019 and the Disclosure (Scotland) Act 2020 - have changed the disclosure process in relation to the wellbeing and future life chances of children who have been involved in the children’s hearings system or criminal justice system.

Per Scottish Government policy, Children’s Rights and Wellbeing Impact Assessments have informed policy development and involved children and young people in evidence-gathering and decision-making.

Children and young people were spoken to directly though engagement with them at the Young Offender Institution (YOI) Polmont, the Scottish Youth Parliament, Children's Parliament, Who Cares? Scotland, Youth Advantage Outreach, Up-2-Us, Sacro, Youth Just Us, Life Changes Trust and Kibble, Good Shepherd, St Mary’s Kenmure and Rossie Young People’s Trust secure accommodation. The methods used to engage and record views ranged from scenario storytelling to quizzes, timelines, discussion groups, voting cards, games and artwork. Their views were recorded and applied to impact assessment of the policies.

New processes for review applications under the Disclosure (Scotland) Act 2020 are due to be implemented in April 2025. Disclosure Scotland is engaging with Who Cares? Scotland, Children and Young People's Centre for Justice and Clan Childlaw about the effect on people who had justice-experience in childhood. Following engagement with children who had been brought into the PVG Scheme, the Disclosure Act raises the minimum age for accessing most disclosure types to 16 years old.

I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:

Disclosure Scotland leads the Scotland Works for You group. The group includes organisations from the public, private and third sector to improve access to employment for people with convictions.

Scotland Works for You offers advice for people with convictions, help with disclosure applications required for employment, education or volunteering, and training for employers to help them assess people's convictions. This guidance sets out that most disclosure periods and, in relation to standard, enhanced and PVG scheme record disclosures, the additional period a spent conviction can be disclosed is halved where a person was convicted aged under 18. Separate guidance is not provided specific to children.

As part of our responsibilities as a Corporate Parent, Disclosure Scotland has worked with Who Cares? Scotland and have produced some short videos providing information on key areas that have caused concern such as application completion and what the consideration for listing (barring) process is. This information is available on the "disclosure scotland" - Who Cares? Scotland (whocaresscotland.org) .

I refer the member to the answer to question S6W-25783 on 11 March 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

The Scottish Government does not hold information on the number of children and young people who are home educating in Scotland.

In line with the Scottish Government home education guidance , choosing to home educate in itself should not be seen as a child protection concern, and local authorities should not treat it as such. The guidance encourages an annual meeting between home educating families and the local authority to discuss the ongoing education provision for the child, and recommends that the child should be given the opportunity to attend that meeting to express their views, but this is not compulsory.

If, from whatever source, an authority becomes aware of concerns about the home education of any child, outwith the normal contact time, they will need to gather the necessary information in order to form a view on whether those concerns are justified or whether the parents are providing an efficient education suitable to the age, ability and aptitude of the child.

Local authorities hold responsibility for ensuring the safety and wellbeing of children being home educated, and that the education they are receiving is suitable for their age and ability. In line with the Scottish Government's home education guidance, it is recommended that local authorities should make contact on an annual basis with those families who are known to be home educating within that local authority area.

If, from whatever source, an authority becomes aware of concerns about the home education of any child, outwith the normal contact time, they will need to gather the necessary information in order to form a view on whether those concerns are justified or whether the parents are providing an efficient education suitable to the age, ability and aptitude of the child. Local authorities have their own individual and established processes to obtain this information.

Parents/guardians who make the choice to home educate take on full responsibility for providing a suitable and efficient education for their child(ren) in place of the local education authority.

Scottish Ministers encourage local authorities and parents to work together to develop a positive relationship that functions in the best educational interests of the child. As set out in the Scottish Government home education guidance , local authorities are encouraged to take a reasonable approach and make available any resources or support that they can offer. Responsibility for the provision of home education rests with the parent/guardian of the child, however a local authority may be able to provide support at their discretion.

The Scottish Government encourages parents/guardians to refer to the Scottish Government home education guidance and liaise with their local authority to find out what support may be available to them.

The Scottish Government utilises a Block Grant system, affording local authorities significant autonomy in allocating financial resources, including those designated for youth work. This approach empowers councils to prioritise local needs and tailor services accordingly, while fulfilling mandatory obligations and adhering to nationally-agreed priorities.

Examples of direct Scottish Government support include:

• £106m+ to 115 organisations, supporting children and families across Scotland from our Children, Young People, Families Early Intervention and Adult Learning and Empowering Communities Third Sector Fund (CYPFEI & ALEC) since its launch in 2016. £6m in core funding to 22 new organisations supporting children, families, young people and adult learners from our Children, Young People, Families and Adult Learning Third Sector Fund in 2023-24.
• £19m to support 72,000 young people through youth work from the CashBack for Communities Fund over the last three years.
• A further commitment of up to £20m from our CashBack for Communities Fund for 2023-26 to provide support to 29 youth work organisations to deliver a wide range of trauma-informed and person-centred services and activities for young people.
• £1m+ to YouthLink Scotland and Youth Scotland in 2023-24 to support core funding and provide high quality training with a focus on equality and inclusion for youth work staff and volunteers.
• £1m of capital investment in digital inclusion between 2022-24 for community learning providers, including youth work organisations.

Furthermore, an independent review of Community Learning and Development (CLD), encompassing youth work, was launched in December 2023 and is expected to conclude in June 2024. This review aims to assess the impact of CLD on learners across Scotland, providing valuable insights for the future.