Police Vetting & Re-Vetting Solicitors

Vetting Withdrawal and Re-Vetting

Every constable in Scotland must now hold and maintain vetting clearance. Under the Police Service of Scotland (Vetting) Regulations 2026, which came into force on 1 April 2026, clearance is re-assessed at intervals and whenever a reason arises, and there is a formal procedure for withdrawing it. Losing all clearance can ultimately lead to dismissal, so the stakes could hardly be higher.

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PBW Law is ranked as the top Scottish firm for Police Law: Mainly Defendant in the Chambers UK directory. We act for officers at every stage of the vetting process, from the first notice of a review through to appeals and judicial review, and we work alongside the Scottish Police Federation and other representative bodies on behalf of their members.

How the Vetting Process Works

• Re-assessment — Police Scotland re-assesses vetting clearance at regular intervals, and may also do so whenever new information comes to light.

• Withdrawal assessment — where there is concern that an officer may no longer be suitable to hold clearance, an assessor considers whether it should be withdrawn or downgraded.

• Your response — you can be supported by a police representative and have the opportunity to respond to the concerns. Some information may be withheld where disclosing it would pose a risk.

• Appeal — you can appeal a decision to withdraw or downgrade your clearance, including at an appeal meeting.

• Consequences — if all clearance is removed, the regulations provide a route to dismissal, so early advice is essential.

• Judicial review — where a vetting decision is unlawful, unfair or irrational, it may be challenged in the Court of Session.

How PBW Law Protects Your Position

We advise you on the concerns raised, help you prepare a full and persuasive response, and represent you through the appeal process. Where a vetting decision is flawed, we assess whether it can be challenged by judicial review. Throughout, we keep your wider position in view, including any overlap with misconduct or criminal proceedings. Professor Peter Watson, Solicitor Advocate, holds an individual Chambers ranking in Police Law.

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Vetting reform is one of the most significant changes to Scottish policing in recent years, introduced by the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025. We follow these developments closely and can explain how they affect you.

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Frequently Asked Questions

Can I be dismissed if my vetting is withdrawn?

Yes. Every constable must hold vetting clearance, and the regulations provide a route to dismissal where all clearance has been removed. That is why it is important to take advice as soon as a withdrawal assessment begins.

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Will I be told why my vetting is under review?

You should be given the concerns in enough detail to respond, but some information may be withheld where disclosing it would pose a risk, for example to protect a source. We can advise on whether what you have been told is sufficient and fair.

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Can I appeal a vetting decision?

Yes. The regulations provide an appeal process, and a decision may also be open to judicial review in the Court of Session. Time limits apply, so seek advice promptly.

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Will my legal costs be covered?

Members of the Scottish Police Federation or another staff association may be able to apply for legal assistance. We regularly act for officers funded by representative bodies, and we can also act on a private basis.

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If your vetting is under review or has been withdrawn, call us on 0141 439 1990. Out of hours, call 07802 884830.