Duty to Refer Responsibilities

Published: April 28, 2023

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Disclosure Scotland is reminding enrolled groups and organisations of their “duty to refer” responsibilities.

This is a legal duty to report harmful behaviour towards vulnerable individuals by staff and volunteers, to Disclosure Scotland.

It is a criminal offence, punishable by imprisonment and/or a financial penalty, for an enrolled group or organisation to fail to refer an individual to Disclosure Scotland, when the referral grounds are met.

Enrolled organisations have individuals undertaking regulated work, and has a legal duty to report harmful behaviour towards vulnerable individuals by staff/volunteers to Disclosure Scotland. It must refer if it permanently removes an individual from their regulated work role, or would have done if they had not already left, because of the referral grounds being met. The organisation may be reported to Police Scotland if it commits this offence.

Support Available on Referrals

Volunteer Scotland Disclosure Services (VSDS) team has a range of support options available to groups and organisations around their duty to refer, including:

For further information, please contact the VSDS team via:

Alternatively, visit the Volunteer Scotland website.

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