Figures for teachers in Scotland with criminal records and convictions: FOI release

Information requested

1. Please provide figures showing how many teachers in each of the last three years that Disclosure Scotland has been informed have been convicted of offences. Please break the figures down to show the nature of offences involved.
2. The number of teachers in Scotland that currently have criminal records. Please provide a brief description of what they have been convicted of in the past, i.e. assault, driving offences, theft etc.
3. The number of teachers in Scotland who hold a PVG and have a criminal conviction. Please provide a breakdown of the number of teachers and their convictions, i.e. driving offences, theft etc.

We requested clarification from you on 8 December 2022 where we explained what data we hold, and sought agreement on the definition of "teacher" as well as suggesting a methodology for completing our searches. You replied that same day, agreeing with our suggested approach.

Response

Please find below each of your questions answered in turn. The data below relates to the number of individual convictions that are attributable to PVG scheme members who meet the agreed definition of ‘teacher’, and does not indicate the number of ‘teachers’ who have offended. This is because more than one conviction may be attributable to the same scheme member.

Additionally, the data is provided on the basis of your accepted definition of ’teacher‘ as “individuals who applied to join the PVG Scheme for a teaching role”. It includes data relating to all PVG Scheme members where the position applied for on a PVG application form included the word ‘teacher’.

Therefore, the data provided relates to any type of teaching role including scheme members who applied to do roles such as a dance teacher, as well as school teachers.

It is not possible for Disclosure Scotland to confirm the employment status of the ‘teachers’ who have been convicted of offences. In the event that an individual who applied to join the PVG Scheme as a ‘teacher’ went on to apply for a teaching job, a prospective employer could receive a copy of their scheme record and would see details of their convictions. The disclosure regime enables employers to make informed recruitment decisions when assessing a person’s suitability for certain roles. An employer may decide not to recruit an individual because of the nature of any convictions in their disclosure certificate.

We must also emphasise that the response data has been prepared on the basis of information provided at the point an individual applied to join the PVG Scheme to undertake a teaching role. It does not therefore correspond with the number of active PVG Scheme members with a link to teaching. It does not include information about the number of individuals who are currently being considered for barring or who have subsequently been barred from doing regulated work with children and/or protected adults as a consequence of their conviction(s).

In this context, it may be helpful to explain that Disclosure Scotland keeps a list of people who are unsuitable to do regulated work with children and a list of people unsuitable to work with protected adults. When a person who is applying to join the PVG Scheme has a previous conviction(s) Disclosure Scotland will assess whether the conviction(s) indicate that they may be unsuitable to do regulated work with children and/or protected adults. If so, Disclosure Scotland will consider whether the person should be included in the children’s list and/or the adults’ list and barred from doing regulated work with these groups.

Even after a person has joined the PVG Scheme, they are subject to continuous monitoring. This means that if they are convicted of a new offence, or the police provide us with information that is relevant to their membership of the scheme, Disclosure Scotland will proactively place the scheme member under consideration for listing if the new information is such that DS considers that it may be appropriate to list the person in either the children’s or adults’ list (or both).

Having a conviction does not mean that an individual will always be barred from doing regulated work. 

Barring decisions are based on an assessment of the individual’s suitability to do regulated work with children and/or protected adults. During consideration for barring, Disclosure Scotland will use statutory powers available to it, under the Protection of Vulnerable Groups (Scotland) Act 2007, to gather all relevant information (including representations from the person), analyse that information and decide whether the information suggests that the person is unsuitable to do regulated work with children, or protected adults, or both. Disclosure Scotland will consider factors including (but are not limited to) the nature and seriousness of the conviction, the circumstances giving rise to it, the time that has elapsed since the behaviour giving rise to the conviction, the age of the individual at the time when the behaviour giving rise to the conviction occurred and any previous or subsequent offences committed by the individual. We engage with professional regulatory bodies such as the General Teaching Council to ensure that we obtain information relevant to a barring. If the person is considered to be unsuitable, their name will be added to one or both of the barred lists. If a person’s name is included in a barred list then they can no longer remain a scheme member for that type of regulated work. 

There are a small number of offences that result in the convicted person being automatically barred from undertaking regulated work by Disclosure Scotland. This applies to any person regardless of whether they are a scheme member. The offences are set out in legislation: The Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010.

A scheme member convicted of an offence specified in the Order cannot remain in the PVG Scheme. Automatic listing means that Disclosure Scotland will terminate their scheme membership and advise all organisations for whom the person was doing regulated work that the person must be removed from that regulated work.

It is an offence for a person to do regulated work if they are barred. It is an offence for an organisation to continue to employ a person in regulated work once advised by Disclosure Scotland that the person has been barred.

You can read more about the consideration for listing process on our website.

1. The information you have requested is contained in Table 1. As explained above, the data includes all PVG scheme members whose PVG application form included the word ‘teacher’ and as such relates to any type of teaching role.

Each of the categories of offences contains a broad spectrum of behaviours including minor offending and more serious offending. For example, convictions for offences relating to violence could range from minor assault to assault to severe injury. As stated above, Disclosure Scotland considers whether a PVG Scheme member’s conviction(s) means that they should be barred from doing regulated work with children and/or protected adults.

The data includes all convictions identified when we received a PVG application and any convictions we identified through the continuous monitoring of those scheme members. Please note that more than one conviction may be attributable to the same scheme member.

Table 1

Nature of Offence	Numbers of PVG scheme members whose position included ‘teacher’ in PVG application form convicted during 2020	Numbers of PVG scheme members whose position included ‘teacher’ in PVG application form convicted during 2021	Numbers of PVG scheme members whose position included ‘teacher’ in PVG application form convicted during 2022	Total number of PVG scheme members whose position included ‘teacher’ in PVG application form convicted in last 3 years
Road Traffic Act Offences	140	105	160	405
Behavioural offences (threats, abuse, harassment)	35	35	40	110
Offences relating to violence	15	20	25	60
Drug Offences	10	15	15	40
Offences relating to dishonesty	10	10	15	35
Byelaw or Regulatory offences	15	15	5	35
Offences relating to administration of Justice	5	5	15	25
Offences relating to private property	5	5	5	15
Sexual offences	0	5	5	10

Note 1: Figures rounded to nearest 5.

Note 2: Disclosure Scotland cannot confirm whether those that meet the agreed definition of ‘teachers’ have ever been employed in a teaching role.

Note 3: This data was compiled on the basis of individuals who applied to join the PVG Scheme in relation to a teaching role. It does not include information about the number of individuals who are currently being considered for barring, or who have subsequently been barred from doing regulated work with children and/or protected adults as a consequence of their conviction(s).

2. Disclosure Scotland cannot provide the information you have asked for because we do not hold criminal record information and only access police databases for statutory disclosure purposes. If you require this information, you would need to make your request to Police Scotland.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information relevant to this question.

3. The information you requested is contained in Table 2. As explained above, the data includes all PVG scheme members since the PVG Scheme was introduced in 2011, whose PVG application form included the word ‘teacher’ and as such relates to any type of teaching role. 

The data includes all convictions identified when we received a PVG application and any convictions we identified through the continuous monitoring of those scheme members. Please note that more than one conviction may be attributable to the same scheme member. 

Each of the categories of offences contains historical conviction information and may cover a broad spectrum of behaviours including minor offending and more serious offending. For example, convictions for offences relating to violence could range from minor assault to assault to severe injury. It also contains historic convictions which pre-date the PVG Scheme. As stated above, Disclosure Scotland considers whether a PVG Scheme member’s conviction(s) means that they should be barred from doing regulated work which children and/or protected adults.

Table 2

Nature of Offence	Total number of PVG scheme members since 2011 whose position included ‘teacher’ in PVG application form that have a criminal conviction by nature of offence PLEASE NOTE: Where these offences indicate a scheme member may be unsuitable to do regulated work Disclosure Scotland has carried out, or is in the process of carrying out, a full investigation of the individual’s circumstances, including engagement with professional regulatory bodies, to ensure a decision is carefully made about whether they are suitable to be scheme members. The data in this table may relate to scheme members who are currently under consideration for barring.
Road Traffic Act Offences	4870
Behavioural offences (threats, abuse, harassment)	545
Offences relating to violence	400
Offences relating to dishonesty	245
Drug Offences	185
Offences relating to administration of Justice	165
Byelaw or Regulatory offences	130
Offences relating to private property	90
Sexual offences	25
Total	6655

Note 4: Figures rounded to nearest 5

Note 5: Disclosure Scotland cannot confirm whether those that meet the agreed definition of ‘teachers’ have ever been employed in a teaching role.

 

Note 6: This data was compiled on the basis of individuals who applied to join the PVG Scheme in relation to a teaching role. It does not include information about the number of individuals who are currently being considered for barring, or who have subsequently been barred from doing regulated work with children and/or protected adults as a consequence of their conviction(s).

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