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

4. 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?

The policy will directly impact on 16 and 17 year old children who are living in households where an adult is volunteering to provide accommodation in their own home to displaced Ukrainians and their families. The Scottish Ministers consider that this level of vetting is necessary to minimising any risk of placing displaced Ukrainians in accommodation with an unsuitable individual while still allowing for the scheme to achieve its aims. This has been assessed against the general approach to treat children differently from adults and protect them from unnecessary stigma related to disclosure of criminal information. In these circumstances, the Scottish Ministers consider that the safeguarding risks posed could be very high. This policy will support the scheme by enabling those making placement decisions to be able to ask relevant questions of hosts, and those over the age of 16 residing in hosting households, and seek verification of that information to contribute to preventing displaced Ukrainians and their families being accommodated with individuals with a history of harmful behaviour.

Similar policy already applies under the existing disclosure framework in relation to individuals, including 16 and 17 year old children, living in the same household as someone being assessed on suitability to adopt a child, to be a foster carer, to be a host parent or to be a childminder.

The state disclosure system in Scotland is well established. An enhanced disclosure, even in these circumstances, may still only be made by persons or organisations registered with Disclosure Scotland under section 120 of the Police Act 1997 ("the 1997 Act"), and can only be made with the consent of the 16 or 17 year old child.

There are safeguards on the handling of disclosure information by registered bodies (countersigning organisations). Responsibilities in relation to the use of disclosure information by registered bodies are set out in the Code of Practice, issued under section 122 of the 1997 Act. Registered persons and others in receipt of disclosure information must not disclose information in contravention of section 124 of the 1997 Act. Unauthorised disclosure is an offence.

If organisations, registered with Disclosure Scotland to countersign disclosure applications, need to apply for new countersignatories due to potential resourcing impacts caused by the Homes for Ukraine scheme, the existing registration process will still be followed to ensure they understand their responsibilities in relation to the disclosure of criminal history information.