To ask the Scottish Executive whether there is a requirement on families hosting school children as part of an exchange programme to undergo checks by Disclosure Scotland.
Under current legislation, access to disclosure checks is governed by whether or not a position (in this case host parent) is a child care position as defined in the Protection of Children (Scotland) Act 2003 (POCSA). As there is no statutory definition of host parents in POCSA, this depends on the specific arrangements made. It is the responsibility of the relevant organisation to apply the law to the particular circumstances of their activity.
The child care positions specified in POCSA which would most commonly apply to host parenting would be those whose normal duties involve caring for, supervising or being in sole charge of children. Children being hosted by other parents who are not friends of the family are likely to be cared for/supervised/under the sole charge of the host parents for the times of the visit. Generally, normal duties can be considered as something the individual might be expected to do as part of their post on an ongoing basis, for example appearing in a job description or, in the case of host parents, set out in the arrangements made between the parents and the organisers.
At the present time, there is a variation in approach by organisations across Scotland on the checking of host parents, which is justified to the extent that it is a result of different circumstances of each case. Although the overwhelming majority of host parents pose no threat, there have been cases where the disclosure process has identified previous sexual offences committed by prospective hosts who have, as a result, been removed from the hosting process.
Existing arrangements for enhanced disclosure for those in child care positions will be replaced by new arrangements under the Protection of Vulnerable Groups (Scotland) Act 2007, which will come into force later in 2010. Like POCSA, the 2007 Act does not make explicit provision for host parents. The Scottish Government is now consulting on whether or not to make explicit provision covering host parents. This is part of the consultation on modifications to the scope of regulated work with children, published as part of a suite of draft secondary legislation for consultation on 10 November 2009 and running until 2 February 2010. The consultation seeks views from stakeholders as to whether to: proceed with such provision; make different provision or make no provision at all.
The Scottish Government wants hosting arrangements to be quick and efficient to organise, avoiding any inappropriate deterrent to potential host parents from disclosure requirements. However, there is also a need to ensure the protection of children in situations where they are potentially quite vulnerable. The Scottish Government wants to ensure the legislation strikes the right balance between proportionate and still robust protection.