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The Protection of Vulnerable Groups (Scotland) Act 2007(PVG)

New legislation effective from

28th February 2011

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Aim(s)

The aim of this package is to provide you with a basic introduction to The Protection of Vulnerable Groups (Scotland) Act 2007 (PVG) and PVG Scheme membership; and

To provide clarity surrounding everyone's responsibilities; To ensure that individuals who are unsuitable are not having access

to or working with children and vulnerable adults; To ensure that individuals who become unsuitable are detected

early and prevented from continuing to work, or seeking to work, with children or protected adults

To minimise bureaucracy.

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Objectives

Have an understanding and be able to discuss PVG in general terms;

Explain the term ‘Scheme Member’ and the term ‘Barred’; Understand the definition of ‘Child’ and ‘Protected Adult’; Understand the term ‘Employers’ and ‘Employees’; The Scheme will reform current vetting and barring practices…. …but employers retain their responsibilities for ensuring safe

recruitment and employment practices.

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Introduction/History

In 2002, in the Cambridgeshire Village of Soham, Jessica Chapman and Holly WellsWere brutally murdered.

Subsequently, Sir Michael Bichard chaired an inquiry on behalf of the WestminsterGovernment with a remit to investigate Police Intelligence gathering and record keepingand the way such information was shared and used for vetting individuals as part of childprotection procedures.

The resultant report known as ‘The Bichard Inquiry Report’ was published in June 2004 with a recommendation that ‘new arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered’.

PVG is the Scottish Government’s legislative response to that recommendation, but atthe heart of the Act is the creation of a PVG Scheme Membership which is designed toprevent unsuitable people being recruited into, or remaining in, regulated work withchildren or protected adults.

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Definitions/Terms

A Child:Is defined as an individual under 18 years of age.

A Protected Adult:Is defined as an individual aged 16 years or

over who is provided with (and thus receives) a type of Care Support or Welfare Service.

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Cont’d.,Definitions/Terms

An Employer:Refers to both employers and managers of volunteers.

An Employee:Refers to both paid and unpaid/volunteer work/activities.

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The PVG Scheme

The PVG Membership Scheme will:

Affect a wide and diverse range of organisations and groups across the statutory, voluntary and private sectors that provide services, activities and amenities for children and protected adults;

Help to ensure that those who have regular contact with ‘children’ and ‘protected adults’ through paid and unpaid work do not have a known history of harmful behaviour;

Strike a balance between proportionate and robust regulation and make it easier for employers to determine who they should check to protect their client group;

Be quick and easy to use, reducing the need for PVG Scheme members to complete a detailed application form every time a disclosure check is required;

and Be managed and delivered by Disclosure Scotland which, as an executive agency of the

Scottish Government, will take on additional responsibilities. This will include taking decisions, on behalf of Scottish Ministers, about who should be barred from working with vulnerable groups.

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Cont’d.,

The PVG database will contain details of persons on the list of those barred under the legislation from working with children or protected adults, as a result of relevant vetting information referred/conclusion by a court;

Membership of the Scheme is not time limited. A Member can resign and later rejoin the Scheme (subject to a new membership check).

The Scheme introduced by PVG ends the use of Enhanced Criminal Records certificates under Part V of the Police Act of 1997, for persons dealing with children and protected adults. (Current employees and volunteers with Part V certificates will not automatically transfer to PVG Scheme. They will not be recorded on the PVG Scheme database. It is expected that they will have joined the Scheme by the end of 2014).

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The PVG Database

The PVG Database will be populated with Members from day one and it is anticipated that it will hold an estimated 700,000 Members in 5 years time. It will be updated daily and it is estimated that about 8,500 Members will be added monthly.

The PVG Database is owned and populated by Disclosure Scotland.

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Improvements under the new PVG Scheme

Effective barring – vetting information is assessed. Adults’ list – new in Scotland. Continuous updating – new information is acted

upon. Streamlined disclosure processes – PVG Scheme

membership makes moving between jobs easier. Access to disclosure for personal employers –

for the first time.

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Cont’d.,

Individuals in post – don’t need to do anything. Organisations recruiting individuals to do regulated

work should ask them to join the PVG Scheme and get a Scheme Record.

Application form resembles enhanced disclosure. Fee is £59 to join, unless for a volunteer for a qualifying

voluntary organisation in which case it’s free. Enhanced disclosure not available for work with

vulnerable groups.

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Applying for PVG SchemeMembership

Reminder about safe recruitment: PVG is only one part!

Organisations should ask for Scheme Record. Personal employers should ask for a Scheme

Membership Statement. Individuals can join by themselves. Difference between:

- ‘not being unsuitable to do regulated work’ and

- ‘being suitable for a particular position’

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The PVG Scheme

Disclosure

Scheme Member

Consideration for Listing

Listed and Barred from Regulated Work

Apply to joint thePVG Scheme

Checkapplicant’s identity

Search forVetting Information

(Referrals)

Apply for SchemeRecord Update

ContinuousUpdating

New VettingInformation

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Scheme Record

Scheme membership: one or both workforces.

Consideration for listing – for the workforce(s) above.

Vetting information:- Convictions and cautions- Sex offender registration- “Other Relevant Information”- Certain civil orders.

Personal membership information, including PVG Scheme membership number.

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Scheme Record Update

Scheme membership: one or both workforces.

Consideration for listing – for the workforce(s) above.

Changes to the Scheme Record:- date the Scheme Record was last disclosed- whether or not there was vetting information on last Scheme

Record- dates of any vetting information added or removed from Scheme

Record since.

Personal membership information, including PVG Scheme membership number.

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Scheme Record Update - benefits

Simpler - existing PVG Scheme member can use “short” form and doesn’t need to provide full personal details again (also applies to other disclosure records).

Cheaper – Scheme Record Update is £18.

Faster – no delay to application as information is ready to print immediately. From 2011, Scheme Record Updates will be viewable online, allowing almost instant access.

Remember, in over 90% of cases, a Scheme Record Update will state that there is no vetting information!.

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Scheme Membership Statement

Scheme membership: one or both workforces. Consideration for listing – for the workforces(s)

above. Nothing about vetting information! Personal membership information, including PVG

Scheme membership number.

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Membership matters for individuals

Look after disclosure records... May be needed later. Duty to notify a change of name or gender within 3 months. Advised to notify a change of address to ensure future

applications turned round fast. Advised to notify when they stop work for an organisation –

but don’t have to do so. Can remain for life or leave at any time (if not doing regulated

work). Can dispute their vetting information (as with enhanced

disclosure).

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Do’s and Don’ts fororganisations

Must not offer regulated work to a barred person. Should use the PVG Scheme to prevent this. Must only use PVG Scheme for regulated work. Must look after disclosure records in their possession and

only retain for as long as is necessary. Should advise of any workers leaving their organisation –

this will be easy with on-line accounts. Must remove a person from regulated work if Disclosure

Scotland tell them they have become barred.

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Do’s and Don’ts forpersonal employers

Can offer regulated work to a barred person, so don’t need to use the PVG Scheme.

(Barred person is still committing an offence, though). Can use PVG Scheme:

– To obtain Scheme Membership Statement– But only for regulated work.

After recruitment – the Scheme Membership Statement should be returned to the individual or destroyed!

Cannot make a referral (more on this later).

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Outside Scotland:VBS and overseas

PVG Scheme is for Scotland. VBS for England, Wales and Northern Ireland. People working all over the UK may need to join both

schemes. Disclosure Scotland has access to all UK barred lists so

nobody can join PVG if listed elsewhere in the UK. Recruiting from overseas:

– Individuals should be asked to join PVG Scheme like anyone else.

– Importance of safe recruitment practice.

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Five stage assessment process:

1. Is it work?2. Who are they working with?3. What do they do?4. Is it their normal duties?5. Are there any exceptions which apply?

… then it is clear whether it is regulated work or not.

Remember: it may not be necessary to complete all five steps to rule a position out of scope.

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Step 1. Is it work?

Work is very broad – includes paid, unpaid, under contract, statutory office, foster carer, caring for or supervising any individuals participating in any organised activity.

But work excludes:– any work for a family member: mother, uncle,

grandparent, sibling and individuals in same household who treat each other like family; or

– unpaid work for a personal friend.

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Step 2. Who are they working with?

Children? Defined as an individual aged under 18 years.

Protected adults? An individual aged 16 or over in receipt of one or more of:

– registered care services– health services– Welfare services– community care services

Both?

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Step 3. What do they do?

They may be doing regulated work with children and or regulated work with adults depending on which of these applies:

– Activities (e.g. teaching)– Establishments (e.g. care homes)– Positions (e.g. trustees of certain charities)– Day to day supervision or management.

These are different for work with children and protected adults – it is important to identify the specific provision which applies – the guidance helps with this.

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Step 4.Normal Duties

The work: doing an activity, in an establishment, or day to day supervising or managing must be the individual’s normal duties for it to be regulated work.

There is no particular frequency or duration specified for something to be normal duties.

Likely to be normal duties when the work:– appears in a job or task description or contact– can reasonably be anticipated, or– occurs regularly.

See the guidance for more on this…

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Step 5. Are there any exceptionswhich apply?

Incidental activity…– Limits certain activities with children, protected adults

Children in work or employment…– 16 or 17 year olds who are themselves working.– Any age in employment.

Opportunity for contact…– Limits certain activities with children.

Limitations on work in establishments…– Has to be unsupervised to be regulated work.

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PVG Scheme Fees

Circumstances Fee

Joining the PVG Scheme £59 – but disclosure record at same time is included.

Scheme Record £59 – unless…

£41 – within 30 days of SRU…

Scheme Record Update £18

Scheme Membership Statement £18 – for existing members

Volunteer working for qualifying voluntary organisation

FREE

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Retrospective checking…

Year 1: Organisations should… ask new recruits to regulated work to become PVG

Scheme members and continue with existing re-checking policies – these people

should become PVG Scheme members.Year 2 to 4: Organisations should… ask existing staff doing regulated work to become PVG

Scheme members, ensure all staff doing regulated work are PVG Scheme

members by the end of year 4 and engage with Disclosure Scotland on how this process is

best managed. (Larger registered bodies only.)

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Sharing Disclosure Records

Permissions and prohibitions: PVG Scheme members…

• Can share their own disclosure records Organisations…

• Can share a disclosure record within the organisation but only for the purpose of enabling them to assess suitability for regulated work.

• Cannot request a disclosure record for other purposes.

• Cannot seek third party access (but see below). Third party access for commissioners of transport services… does not expand the scope of regulated work.

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Referrals by Organisations

Referral grounds:– Doing / done / supplied for regulated work and– Harm to, or inappropriate conduct against, a child or

protected adult (in or out of work),– Corresponding to the type of regulated work.

Duties on organisations and personnel suppliers:– Permanently removed the individual from regulated

work or would have done so.– Refer within 3 months of duty arising.

Powers for regulatory bodies and NHS Tribunal. Information in a referral – set out on a standard form.

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Consideration for Listing

Triggers for consideration for listing:– Organisational referral– Court referral– Vetting information– Named in a relevant inquiry report.

Notifications: the individual and “interested” organisations Consequences

– Individual can continue to do regulated work.– It will appear on a disclosure record.

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The Lists

Two lists:– Children’s list; and– Adults’ list.

Listed means barred from regulated work. Two processes which can lead to listing:

– Consideration for listing (sometimes listed)– Automatic listing (always listed).

• Individuals can appeal a listing decision.• Individuals can apply to be removed from the list(s).• Duty to notify changes to personal information.

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Registration for Organisations

Only registered bodies can access Scheme Records and Scheme Record Updates.

Existing registrations will be transferred over for the PVG Scheme.

New annual charges from 1 April 2011:– £75 minimum per year (covers the lead and four additional

countersignatories)– £15 per year for each additional countersignatory.

(Before then, one-off £150 + £10 per countersignatory).

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Offences

The main criminal offences under PVG are:

For an individual to do, or seek or agree to do any regulated work (with children or protected adults) while barred is a criminal offence under Section 34 PVG; and

An organisation commits an offence to offer regulated work to an individual barred from that work is a criminal offence under Section 35 PVG.

PVG Scheme Membership is not compulsory under the Act for regulated work to be undertaken. However, the only way that an organisation can ensure that they do not commit an offence under Section 35, is by receiving details of PVG Scheme Membership from Disclosure which will show if the individual is not on the barred list.

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Offences under Barring Orders made in England, Wales and Northern Ireland

If an individual is on the Children’s or Adults Barred list in England, Wales or Northern Ireland they are similarly barred in Scotland and commit an offence under the Scottish Legislation if they do, or seek or agree to do any regulated work; and

The offence of offering regulated work to such a barred individual by an organisation

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PVG Scheme

There is more information about the PVG Scheme at:

www.infoscotland.com/pvgscheme/

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Knowledge Check

1. Who may be a member of The PVG Scheme?2. Are there separate Barred Lists for Children and Vulnerable Adults?3. What is the definition of a Child?4. Why is the definition of a Protected Adult?5. What is the fee for joining the PVG Scheme?6. What is the fee for a Volunteer working for a qualifying voluntary

organisation?7. Can anyone access Scheme Records and Scheme Record Updates?8. Is it an offence for a person who is on the Barred List to be working with

Children or Protected Adults to undertake regulated work, paid or unpaid?9. Is a person on the Barred List under English, Wales and Northern Ireland

legislation similarly barred in Scotland?10. What is relevant information?11. Who would you contact for further advice on the PVG Scheme?12. Who is responsible for the overall running of the PVG Scheme?

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Answers

1. Any person who wishes to undertake regulated work paid or unpaid with Children or Protected Adults unless they are on the Barred List for what type of work.

2. Yes, there are separate lists, you can also be on one list and still do regulated work in the other workforce.

3. An individual under 18 years of age.4. An individual aged 16 years or over who is provided with (and receives) a type of Care

Support or Welfare Service.5. £59 – disclosure record at same time is included6. It’s FREE7. No, Only registered bodies can access Scheme Records and Scheme Record Updates.8. Yes, it is a Criminal Offence under Section 34 PVG.9. Yes, the list is recognised by PVG and an offence is covered by Section 34 PVG

accordingly.10. Relevant information is not defined by PVG but is considered to be when the action

shows some behavioural concern about a Scheme Member carrying out regulated work with children or protected adults.

11. www.infoscotland.com/pvgscheme/12. Disclosure Scotland on behalf of the Scottish Ministers and not the Police Service.