Protection of Vulnerable Groups (Scotland) Act 2007

1. Protection of Vulnerable Groups (Scotland) Act 2007 This session is provided by CRBS to support the Scottish Government in its work to provide effective and relevant training to the voluntary sector on the new PVG Scheme.

2. Agenda • Session 1 Introduction to PVG • What will remain the same • Principles of PVG • Who it applies to • Offences under PVG • Session 2 Joining the PVG Scheme • Who can join • Regulated work • - Children • - Protected adults • Disclosure Types

3. Session 3 Making effective referrals • Harm/risk of harm • Referral process • Appeals • Session 4 Preparing for the implementation of PVG • Recruitment & supervision practices • NOTE - session will include group discussion and action planning.

4. Objectives of Session To assist enrolled organisations in preparing for the implementation of the PVG Act 2007 by: • Determining who should join the Scheme. • Understanding the new types of disclosures that will be available under the new Scheme. • Understanding harm and risk of harm in relation to the new Scheme • Understanding the criteria and requirements for making effective referrals under the new Scheme.

5. Current Position • Point in time snapshot. • Repeat written disclosures. • Inconsistent decision making. • Reactive process for barring. • No adult barred list.

6. What Remains the Same? • Identity checks. • Matching & selecting process. • Recording of information. • No fee for volunteers within the voluntary sector. • Enrolment with CRBS will be automatically carried forward.

7. What is the PVG Scheme? The PVG Scheme is a membership scheme for people doing regulated work with children and/or protected adults in Scotland. Went live on the 28th February 2011

8. Overarching Principles • Ensure that those who have regular contact with vulnerable groups through the workplace do not have a history of harmful behaviour. • Deliver a fair and consistent system that will be quick and easy for people to use, ending the need for multiple, written disclosure applications.

9. Who does this legislation apply to?Statutory, voluntary and private sector organisations that provide services, activities and amenities for children and protected adults.

10. Timescales New staff/volunteers ONLY – year 1 (includes promotions, transfers, etc.) Existing staff/volunteers – years 2 to 4 Refer to question E1 on the application form)

11. Enrolment with CRBS Continues for those organisations currently enrolled. Enrolment continues to be free of charge. PVG Scheme disclosures will remain free of charge for volunteers in the voluntary sector.

12. How will the new PVG Scheme improve things for us? Streamlined disclosure checks. Criminal records will be continuously updated. Personal employers can access information. A list of people barred from working with protected adults. Disclosure Scotland will decide who is unsuitable.

13. Offences under PVG • It is an offence for an individual to do, or to seek or agree to do any regulated work for which the individual is barred. • It is an offence for an organisation to offer regulated work to an individual barred from that work. • It is an offence for an organisation not to refer an individual to Disclosure Scotland where the grounds have been met.

14. Employers and volunteer involving organisations can only establish if an individual is a member of the PVG Scheme by asking the individual for a PVG Scheme disclosure.

15. Recap 1 The Protection of Vulnerable Groups (Scotland) Act 2007 will: • 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. • 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. • strike a balance between proportionate protection and robust regulation and make it easier for employers to determine who they should check to protect their client group.

16. Who can join the PVG Scheme? • Any individual doing or in anticipation of doing regulated work (paid or unpaid) in Scotland with children and/or protected adults will be able to apply to join the PVG Scheme. Note: This includes individuals who do not live in Scotland but will be doing regulated work in Scotland.

17. Work Work includes: • Paid and unpaid work • Work under a contract This includes unpaid activities and volunteering opportunities.

18. Regulated work Regulated work is: • Regulated work with children and/or • Regulated work with protected adults. Individuals employed or undertaking unpaid work within the regulated work force will be able to apply to join either the child, protected adult or both regulated work forces.

19. Regulated work with children • A Child is a person under the age of 18.

20. Schedule 2

21. Regulated work with children A position whose normal duties include carrying out particular activities. A position whose normal duties include work in a particular establishment.

22. Regulated work with children Particular positions. A position whose normal duties include the day to day supervision of an individual doing regulated work.

23. Regulated work with children “Normal duties” – refer to p54 of guidance “Incidental” – refer to p56 of the guidance

24. Regulated work with adults • A protected adult is defined as someone aged 16 or over who is in receipt of certain services. • There are four categories of service receipt which makes an individual a protected adult. • Care Services. • Health services. • Community care services. • Welfare services.

25. Schedule 3

26. Regulated work with adults A position whose normal duties include carrying out particular activities. A position whose normal duties include work in a particular establishment.

27. Regulated work with adults Particular positions A position whose normal duties include the day to day supervision of an individual doing regulated work

28. Recap 2 We have looked at some of the key terms under PVG • Work • Regulated work • Children • Protected adults • Normal duties • Incidental

29. How to assess if someone is doing regulated work Is it work? Who are they working with? What do they do? Is it their normal duties? Are there any exceptions which apply? Refer to page 30 of the guidance

30. Action plan Who will be doing regulated work within your organisations and what are your concerns?

31. PVG Scheme disclosures

32. PVG Scheme disclosures • Scheme membership statement. • Scheme record disclosure. • Scheme record update.

33. Who determines if an individual is suitable to join the PVG Scheme? When an application is made either by an individual or an employer for an individual to do regulated work, certain checks will be carried out by Disclosure Scotland to determine if the applicant is suitable to join the Scheme. Unless these checks discover information that leads to a decision that the applicant is unsuitable, the applicant will become a Scheme member.

34. Scheme membership statement The scheme membership statement will show: • The type of regulated work that the applicant has joined the Scheme to do. • That the applicant is not barred from regulated work of that type. • If Scottish Ministers are considering listing the applicant for that type of regulated work, and • If the Independent Safeguarding Authority is considering listing the applicant for that type of work.

35. PVG SCHEME MEMBERSHIP STATEMENT APPLICANT COPY Disclosure Number: 000000000000000000 Date of Issue: 00/00/00 Page 01 of 01 MR SAM PELL 1 ANY STREET ANY TOWN POSTCODE Applicant Personal Details Surname: PELL Forename(s): SAM Date of Birth: 00/00/00 PVG Membership No: 0000000000000000000 Statement of Scheme Membership Membership Status The applicant is a PVG scheme member in respect of regulated work with children and, therefore, not barred from that type of regulated work. The applicant is a PVG scheme member is respect of regulated work with adults and, therefore, not barred from that type of regulated work. Consideration Status The applicant is not under consideration for listing by the Scottish Ministers nor the Independent Safeguarding Authority for the workforce(s) to which the statement relates. Note: a statement of scheme membershio does not include vetting information about the individual END OF DISCLOSURE SAMPLE

36. Scheme membership statement Recipients: If the individual applied unilaterally the statement of PVG scheme membership will only be sent to the individual. If the individual applied via a personal employer, a scheme membership statement is issued to the personal employer and to the individual.

37. Costs £59.00 per application.Note – scheme membership statement will not be available through the CRBS.

38. Scheme record disclosure The scheme record will show: The scheme member’s scheme membership statement, and Any vetting informationgathered by Disclosure Scotland about the scheme member.

39. Vetting information is : Criminal conviction information (from all parts of the UK) Information about whether an individual is on the Sex Offenders’ Register Relevant non-conviction information provided by police forces Prescribed civil orders (refer to glossary of guidance for details)

40. PVG SCHEME RECORD APPLICANT COPY Disclosure Number: 000000000000000000 Date of Issue: 00/00/00 Page A copy of this disclosure has also been sent to the registered body which countersigned the application and any authorised regulatory body. MR SAM PELL 1 ANY STREET ANY TOWN POSTCODE Applicant Personal Details Surname: PELL Forename(s): SAM Date of Birth: 00/00/00 PVG Membership No: 0000000000000000000 Statement of Scheme Membership Membership Status The applicant is a PVG scheme member in respect of regulated work with children and, therefore, not barred from that type of regulated work. The applicant is a PVG scheme member is respect of regulated work with adults and, therefore, not barred from that type of regulated work. Consideration Status The applicant is not under consideration for listing by the Scottish Ministers nor the Independent Safeguarding Authority for the workforce(s) to which the statement relates. SAMPLE

41. Vetting Information Convictions Date Court Offence Disposal 00/00/0000 ANY TOWN BREACH OF THE PEACE FINE £100 DISTRICT Cautions There are no cautions on the applicants scheme record Prescribed Court Orders & Sex Offenders Notification Requirements There are no prescribed court orders of sex offender notification requirements on the applicants scheme record. Other Relevant Information There is no other relevant information on the applicants scheme record. END OF DISCLOSURE SAMPLE

42. Scheme record disclosure Recipients: The disclosure will be sent to both the individual and the employer/voluntary organisation. Note: the organisations copy will show the organisations name, details of the position applied for and countersignature details

43. Costs Voluntary organisationsFree for volunteers.£59.00 per initial application for paid employees.

44. Scheme record update Recipients: The scheme record update will be sent to both the individual and the employer/voluntary organisation.

45. Scheme record update The scheme record update will show: the scheme member’s scheme membership statement. When the scheme record was last disclosed. If vetting informationshows on the scheme record. Whether or not vetting information has been added or removed from the scheme record since it was last disclosed. It does not show the details of that change.

46. PVG SCHEME RECORD UPDATE APPLICANT COPY Disclosure Number: 000000000000000000 Date of Issue: 00/00/00 Page A copy of this disclosure has also been sent to the registered body which countersigned the application and any authorised regulatory body. MR SAM PELL 1 ANY STREET ANY TOWN POSTCODE Applicant Personal Details Surname: PELL Forename(s): SAM Date of Birth: 00/00/00 PVG Membership No: 0000000000000000000 Statement of Scheme Membership Membership Status The applicant is a PVG scheme member in respect of regulated work with children and, therefore, not barred from that type of regulated work. The applicant is a PVG scheme member is respect of regulated work with adults and, therefore, not barred from that type of regulated work. Consideration Status The applicant is not under consideration for listing by the Scottish Ministers nor the Independent Safeguarding Authority for the workforce(s) to which the statement relates. SAMPLE

47. Information about the last PVG Scheme Record Date of last disclosures of PVG scheme record for the workforce(s) to which this scheme record update relates: 00/00/0000 Content of last PVG Scheme Record: The PVG Scheme record included one or more pieces of vetting information about the applicant. Information about changes to Vetting Information New Vetting Information Added There has been no new vetting information added to the applicants scheme record since it was last disclosed. Existing Vetting Information Removed There has been no vetting information removed from the applicants scheme record since it was last disclosed. END OF DISCLOSURE SAMPLE

48. Costs Voluntary organisationsFree for volunteers. £18.00 per application for paid employees.Commercial organisation£18.00 per application for paid & unpaid employees.

49. Scheme record update In instances where there is new information, the employer/voluntary organisation will be able to request the PVG scheme record disclosure (within 30 days) to enable them to see the details of any new vetting information and therefore consider whether it is relevant to the post.

50. Costs Voluntary organisationsFree for volunteers. £41.00 per application for paid employees.Commercial organisation£41.00 per application for paid & unpaid employees.