Police Act 1997 and Rehabilitation of Offenders Act 1974 Instruments - Homes for Ukraine Sponsorship Scheme: children's rights and wellbeing impact assessment

Annex 3: Child-friendly information

Introduction

Any new laws proposed need to be compliant with children's rights. These are set out in the United Nations Convention on the Rights of the Child (UNCRC). The Scottish Government also checks whether we can improve rights in new laws or ideas.

Regulations and orders are types of law that edit existing laws or make them clearer. An 'enhanced disclosure' is a type of criminal record check. 'Suitability check' means the disclosure will say if the person is banned from working with children or vulnerable adults.

These regulations and Order introduce a new situation where employers can ask 16 and 17 year olds for an enhanced disclosure with suitability checks.

What impact will your policy/measure have on children's rights?

There will be a new situation where someone aged 16 and over can be asked to provide an enhanced disclosure with suitability check. This will happen when they live in the same house as an adult who has offered a room in their home to Ukrainians who have had to leave their country due to the war. We use the term "displaced Ukrainians" to refer to this group of people.

An enhanced disclosure is needed because some people have convictions or other behaviour that means it may not be safe to house people fleeing the war, including children, with them. The Scottish Government thought about the balance between the right to privacy and preventing harm. They also thought about the fact that there are already similar situations where an organisation can ask a 16 or 17 year old for an enhanced disclosure. One example is if an adult in the same house is applying to become a childminder. A 16 or 17 year old might be asked to apply for an enhanced disclosure to help make sure that the house is safe for another child to be in.

Will there be different impacts on different groups of children and young people?

Two groups of children are impacted by this change:

1. 16 and 17 year olds living with an adult offering a room to displaced Ukrainians.

2. Ukrainian children being placed with their parent or guardian in a Scottish home.

If a negative impact is assessed for any area of rights or any group of children and young people, can you explain why this is necessary and proportionate? What options have you considered to modify the proposal, or mitigate the impact?

An enhanced disclosure is needed because some people have convictions or other behaviour that means it may not be safe to house people fleeing the war, including children, with them.

Disclosure Scotland manage the "disclosure system" in Scotland. They provide disclosure certificates in situations allowed by the law. They only provide enhanced disclosures to organisations that have registered with them. This means they can make sure an organisation is allowed to ask for certain types of disclosure certificate before they provide it. Disclosure Scotland only provide a certificate if the person it is about also asks for it. The organisation cannot get an enhanced disclosure without the person's consent.

The law also says that organisations have to protect the information in an enhanced disclosure. They can only use it for the reason they asked for it. They cannot share it with people who aren't allowed by law to see it. They would be breaking the law if they did.

How will the impact of the policy/measure be monitored?

Disclosure Scotland will monitor applications and feedback on applications made by 16 and 17 year olds applying under these regulations and Order.

How will you communicate to children and young people the impact of the policy/measure on their rights?

Disclosure Scotland's website has a simple explanation of enhanced disclosures. There is also guidance on applying for a disclosure as part of the Homes for Ukraine Sponsorship Sscheme. Disclosure Scotland's guidance is written at a reading level of 9 years old. Disclosure Scotland's phone helpline is also available to help people who might need additional support.