Please see below for latest guidance from Disclosure Scotland on PVG applications during Covid-19
In relation to identity for PVG’s I have included the details provided in the DS Code of Practice below regarding identity. The guidance states that originals seen are better but ultimately it is for the organisation to determine the process they use and naturally given the current situation to physically see a person’s ID would be against the greater good of the current crisis and against government guidance so the proposal to scan seems very sensible.
Employers must satisfy themselves of the identity of those applying for positions or those already employed who are, for example, joining the PVG Scheme for the first time. Although Disclosure Scotland will conduct its own identity checks, these should be supplemented by the checks undertaken by organisations and employers. Whilst Disclosure Scotland may have a record of the types of documents which were viewed for identification purposes, it is recommended that employers retain details of identity checks undertaken in case of further enquiry by Disclosure Scotland.
Those countersigning or making a declaration on disclosure applications or requests should encourage those involved in the recruitment process to ask for documentary evidence of identity from individuals. It is required that three pieces of information are requested to support identification. Where possible one of these should be photographic (for example, a current passport, new style UK driving licence, a Young Scot card or a National Entitlement Card, etc.). One item of address related evidence containing the name and address of the individual and one item confirming the date of birth of the individual should also be sought. In the absence of photographic evidence, a full birth certificate with a date of birth confirmed will carry more weight than a copy issued more recently. Consistency between the supporting information and the information provided by the individual in his or her application or request tends to lead to a greater level of confidence in their identity.
Where an individual claims to have changed his or her name by marriage, common law relationships or any other mechanism, the employer should seek evidence of such a change.
A disclosure certificate or record issued by Disclosure Scotland must not be taken as evidence of identity.
Individuals who were born outwith the UK or who have lived outwith the UK
There are two issues to be considered regarding the appointment of individuals who were born or who have lived outwith the UK: the first relates to the identity of the individual and the second relates to checking his or her criminal record.
With regard to the identity of the individual, employers should take particular care during the recruitment process, ensuring they follow up references and undertake other relevant checks before making an appointment. Consideration should still be given to the information described above, albeit this will relate to foreign documents.
Registered persons should still request a criminal record check for an individual with no, or very little, address history in the UK. While it may seem to be of limited value to obtain a disclosure for such an individual, under the 2007 Act the individual will become a scheme member and subject to continuous updating which will provide reassurance that the individual is not barred from regulated work and ensure that a registered person will be notified if the barred status changes.
Employers can ask prospective employees and existing members of staff to provide a criminal record certificate, where available, from their government or an appropriate government/police agency in the country where they were born and or resided.
It is suggested that the onus is put onto the individual to provide details of their criminal conviction history from their home country or countries of previous residence. It should be remembered, however, that these may require to be translated from the relevant language into English and they may contain details of offences which may not have a direct equivalent or similar offence in Scots law. Disclosure Scotland has no role in this process and the individual or the employer has to meet any additional cost.