Scottish PVG

The Protection of Vulnerable Groups Act 2007 provided for the development of a scheme to protect children and vulnerable groups in Scotland. This resulted in the PVG scheme (Protecting Vulnerable Groups). The Scheme aims to ensure that those who carry out certain activities with children and protected adults through paid or unpaid regulated work in Scotland do not have a known history of harmful behaviour. The Scheme replaces previous Scottish disclosure arrangements and is administered by Disclosure Scotland. Registration with the scheme will entitle the individual to 3 types of disclosure records (a) A scheme record with full vetting information (b) A Scheme Record Update indicating vetting information but not the nature of that information and (c) Scheme membership statement providing evidence of registration but with no vetting information.

 

CAS' role: The Churches' Agency for Safeguarding (CAS) represents a number of UK based Christian denominations with the CRBS in Scotland in order to undertake PVG Sccheme registration and criminal record checks with Disclosure Scotland.  CAS acts as an intermediary body with CRBS.

 

Applying through CAS: In order to apply to register on the PVG Scheme an eligible applicant must approach an approved church verifier who will obtain the relevant PVG scheme application forms from CAS. The Verifier will support the applicant with completing the relevant regsitration form accurately and will verify the applicant's identity and eligibility for registration on the Scheme on behalf of CAS. The application form must be submitted to CAS for validation before it is sent to the CRBS for countersigning.  

 

Cost of PVG registration: the cost of initially registering with the PVG scheme is £59 for paid employees and free of charge for volunteers. Anyone registering with the PVG Scheme for the first time will receive a Scheme Record. Once registered a person can apply for a scheme record update in future which will cost £18 for paid employees and is free of charge for volunteers. 

 

What the PVG Scheme offers

i)  The PVG Scheme introduces different types of disclosures to suit different needs and to make the disclosure process as quick and efficient as possible and cheaper to use in the   long run. This will significantly reduce the need for people to complete a detailed application form every time their employment or volunteering circumstances change.

• ii)  Disclosure Scotland will continue to collect vetting information after a person becomes a PVG Scheme member.  This will help to ensure that new information indicating that they might pose a risk to vulnerable groups can be acted upon promptly.  If a worker becomes barred then Disclosure Scotland will immediately notify the organisation they are working for.
• iii)  Registration with the PVG Scheme is not mandatory but it is an offence for a barred person to undertake Regulated work.  It is also an offence for an ‘employer’ to knowingly employ a barred person to carry out regulated work.

 

1. Who needs to register with the PVG Scheme
2. All those carrying out regulated work with children or regulated work with adults should join the scheme.    It is possible to register for the Children’s workforce and the Protected Adults workforce at the same time.  However, if you initially only applied for the children’s workforce and you later go on to work with protected adults (or vice versa) you will need to apply for membership again for the other workforce.

 

1. Definitions of Children and Vulnerable Adults
   1. Children- The scheme defines children as anyone under the age of 18.

Protected adults- anyone aged 16 or over who is provided with a type of care, support or welfare service as listed in the PVG Act 2007. This includes (a) registered care services – including support service, adult placement service, care home service or housing support; (b) Health services (c) community services (Welfare services).

1.  
2. Definition of Regulated Work
3. Individuals must register with either a Children’s Scheme or a Protected Adults’ Scheme  (or both) if undertaking or intending to undertake regulated work with children and/or protected adults. It is not compulsory for an individual who wishes to do regulated work to become a scheme member but it is an offence for a barred individual to undertake regulated work. Regulated work – includes paid and unpaid work with children or protected adults. Work done for an individual in the course of a personal (with no commercial consideration) or family relationship does not come within scope of the scheme.
5. Types of PVG Scheme Dsiclosures 
6. The following 3 types of disclosure records can be requested from Disclosure Scotland by individuals registered with the PVG scheme:  
7. (i) Scheme Record with full vetting information disclosed  
8. (ii) Scheme Record Update(which would indicate if there is any vetting information to be disclosed but not the nature of that information); and
9. (iii) Scheme Membership Statement(evidence of registration but with no vetting info disclosed)

 

Continuous Updating

1. There will be continuous updating of scheme records by Disclosure Scotland – this will show any new information that will determine continued registration or removal/barring.  Employers will only learn of new information if they apply for a scheme update or scheme record or if the worker becomes barred.
2. Scheme members do not need to complete a detailed application form every time disclosure checks are required. This means a Scheme Membership Record is portable provided a Scheme Record Update is obtained by the organisation to determine currency of listing. Employers can request a person’s scheme record only with their consent.  The application form must be completed and signed by the scheme member. A current Scheme Membership Statement can be presented to an employer as evidence that an individual is not barred although an employer can request a full scheme record.  It is recommended that organisations should request self-disclosure as part of their recruitment procedure  so that it can be checked against a scheme membership update
4. Duty to refer
5. Provides a referral process – Courts and  employing organisations (churches are included) have a duty to refer barring information to Disclosure Scotland and are legally bound to do so (for example if a worker has been dismissed due to harming vulnerable people or putting them at risk of harm). Regulatory bodies have a discretionary power to refer but not a legal duty.
6. Referral forms will be made available online from Disclosure Scotland.
7. Failure to refer is considered an offence punishable by fine or imprisonment.

 

To find out more about PVG from Disclosure Scotland click here

  

CAS have put together a detailed briefing paper about the PVG Scheme, please click here to read it.