Housing Support Service
Contracting Framework and Guidance
Section 10 – Staffing
Revised Clauses
Updated October 2006
A.10.10In terms of the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)(Scotland) Order 2003, the Provider shall require any person that he proposes to use (whether paid or unpaid) in the provision of the Services, to complete a statement concerning their previous convictions for offences of any description. Before such persons as aforesaid shall be allowed to deliver the Services the Provider must obtain an appropriate level of Disclosure directly from Disclosure Scotland. The appropriate level of Disclosure shall be determined by reference to Part V of the Police Act 1997, Regulations made under that Act and Guidance issued by Disclosure Scotland. Every three years thereafter, the Provider shall obtain a new Disclosure for such persons as aforesaid who are not registered with the Scottish Social Services Council.
A.10.11The Provider shall use the contents of said statements and Disclosures to make recruitment decisions and unless the Disclosure contains no convictions, reprimands, warnings, cautions, other relevant information or other government information, the Provider shall conduct a risk assessment and use that assessment to protect the interests of Service Users, including, without prejudice to the foregoing generality, prohibiting the subject of the Disclosure from providing the Service directly to Service Users.
A.10.12To ensure compliance with Clause A.10.10, the Provider shall record the following information (as detailed in Section 28 of the Disclosure Scotland: Explanatory Guide on Code of Practice produced and amended from time to time by the Scottish Ministers) and shall disclose this information to the Council on request:-
1.the type of Disclosure;
2.the issue date of the Disclosure;
3.the unique Disclosure Number
4.the name of the subject of the Disclosure;
5.the position held or applied for; and
6.the recruitment decision taken.
B.12.13To ensure compliance with Clause A.10.11, the Provider shall record the fact that a risk assessment has been undertaken and shall on request from the Council disclose that record to it.
October 2006