More on disputes
A dispute involves a disagreement over the information disclosed on the certificate.
There are three types of dispute:
‘This whole record is incorrect. This is not me’
When you think the disclosure information does not relate to you.
‘Yes, that’s me, but some of the details are wrong’
When you think the information disclosed is inaccurate or that some of your personal information printed on the disclosure is incorrect.
‘Why is this on my Disclosure’
When you think the ‘Other Relevant Information’ or ‘Other Government information’ should not be disclosed and/or is incorrect.
Disputes must be raised with Disclosure Scotland within three months of the date of the issue of the Disclosure.
We are committed to providing a high standard of customer service and have a process to deal with dispute resolution. All our procedures take account of the Data Protection Acts, Human Rights Act and the principles of Part V of the Police Act 1997.
We aim to rectify all disputes within 21 working days. The actual time taken will depend on a number of variables including the nature of the dispute and the ease of access to various records.
Raising a dispute
You can discuss your concerns prior to raising your dispute by contacting our Exceptions Handling Unit Supervisor on 0141314 3081or 0300 020 0041.
To raise a dispute formally you or your Solicitor should write to us quoting your full name, date of birth, address and the Disclosure reference number as well as full details of the dispute.
Where to send your dispute
You can send your dispute to us by post or by email:
EHU Team Leader
Exceptions Handling Unit
PO Box 250
For Standard or Enhanced Disclosures you should notify the person who asked you to apply for the Disclosure about the error. We will also notify the person who countersigned your application of your dispute.
What happens next?
If necessary, we will contact you to confirm the facts and receive further details of the dispute. Where the dispute can be rectified quickly, we will take the necessary action to correct it. If the dispute can be attributed to an error by Disclosure Scotland, we will correct it and issue a replacement certificate along with letters of apology to you, and the Registered Body, where applicable.
In the rare instances where your personal details are a close or exact match with someone with a criminal record, it may only be possible to disassociate you from the criminal record by way of fingerprinting. In this instance we will ask you to complete an elimination fingerprint confirmation form and a consent form and provide two passport-sized photographs, signed on the reverse. We will forward the documents to the local police force, who will contact you to arrange a convenient time for you to have your elimination fingerprints taken.
Disputes related to 'other relevant information' will be referred to the appropriate Police Force. Other Government information will be referred to the list holder.
Where disputes received by Disclosure Scotland relate solely to the accuracy of the information disclosed and after review the relevant Police Force is unable to resolve the matter to the applicant's satisfaction, the applicant may elect to refer the matter directly to the Information Commissioner's Office www.ico.gov.uk.
If, however, the dispute relates to the relevance or proportionality of the ‘other relevant information disclosed on a certificate, Disclosure Scotland will, in the first instance, raise this matter with the relevant Police Force and forward the response from the Force to the applicant. If the applicant is not satisfied with that response, the applicant can then write direct to the Disclosure Manager of the relevant Force for a review of the decision to disclose the information.
Where the applicant remains dissatisfied following the final response from the police force concerned, the applicant may, for a Scottish Police Force, apply to the Police Complaints Commissioner for Scotland (PCCS; www.pcc-scotland.org) who may review the manner in which the matter was dealt with, but has no power to order the police force to delete or amend any information contained in the Disclosure Certificate. For English/Welsh Police Forces, the applicant should contact the Independent Police Complaints Commissioner (ipcc.gov.uk).
Nothing above affects the right of applicants to seek a judicial review in the Court of Session of the decision by the relevant Police Force to disclose the information in question. Applicants wishing to pursue this course of action should contact a solicitor for legal advice.