The Scottish Government is taking forward a comprehensive implementation programme to deliver the provisions outlined in the Protection of Vulnerable Groups (PVG) (Scotland) Act 2007
The PVG Act delivers the principal recommendation of the Bichard Inquiry Report which was undertaken following the tragic murders in Soham in 2002. This recommendation called for a registration system for all those who work with children and protected adults.
The PVG scheme will:
- ensure that those who have regular contact with vulnerable groups through the workplace do not have a history of abusive 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.
A strengthened and robust vetting and barring scheme contributes directly to the Scottish Government's objective - to help local communities flourish and become stronger, safer places to live.
The scheme will exclude people who are known to be unsuitable, on the basis of past behaviour, from working with children and protected adults - either paid or unpaid - and detect those who become unsuitable while in the work place.
It builds on what has been learned from the current disclosure system to deliver a robust, strengthened, streamlined service for people who work with vulnerable groups.
Strengthened Protection for Adults
Protection for adults will be improved, as the PVG Act creates, for the first time in Scotland, a list of those who are barred from working with protected adults, complementing the safeguards introduced through the Adult Support and Protection (Scotland ) Act 2007. The PVG Act defines a protected adult as an individual, aged 16 or over who receives one or more type of care or welfare service. This definition recognises that some adults may always require protection due to the nature or frequency of services they receive, while others may do so only for short periods. The purpose of the term 'protected adult' is to distinguish the category of adult requiring protection and to avoid labelling adults solely on the basis of having a specific condition or disability. Defining adults in this way is intended to help employers identify the services that make an adult 'protected' and therefore, assess which posts will constitute regulated work.
Continuous Vetting, Reducing Bureaucracy
The Act introduces a scheme membership system for people who work with children and protected adults. If a person is considered unsuitable to work with children, protected adults or both, they will be unable to become a scheme member in relation to either workforce or both. It will be an offence for an organisation to permit someone who has been barred to undertake such work.
Scheme membership will end the need for employees (paid and unpaid) to complete multiple written disclosure applications which is a cause of frustration with the current disclosure system. Scheme records will be updated automatically when members' circumstances change, for example if they move to a different job or if they are convicted of a crime.
This will enable the employer to do a simple check to verify that a person is a scheme member and therefore, not unsuitable. As well as providing an enhanced tool to help employers to make safe and (in the vast majority of cases) speedier recruitment decisions, scheme membership will save overall costs and reduce bureaucracy. Checks for volunteers working in the voluntary sector will continue to be paid by the Scottish Government.
In time, it is proposed to expand sources of vetting information to include regulatory organisations and local authorities. The PVG Act introduced the provisions for this and discussions on the detail of this issue continue with partners.
Access to Disclosure for Personal Employers
A new Statement of Scheme Membership will improve protection for vulnerable groups in instances where people are directly employed to do regulated work. Personal employers (such as a parent who employs a sports coach for their child or a person employing a personal carer) can ask to see an up to date Statement of Scheme Membership to confirm that the person is not barred.
A Joined-Up Service
The PVG scheme will be managed and delivered by Disclosure Scotland as an executive agency, which will continue to deliver the other types of disclosure. A new team within Disclosure Scotland will receive and consider referrals and take decisions, on behalf of Scottish Ministers, about those people who may be unsuitable to work with children or protected adults. The team will gather and assess all relevent information to make expert, fair and consistent decisions.
Dovetailing with Other Parts of the UK
The Scottish scheme dovetails with the system being developed in other parts of the UK, through the Safeguarding Vulnerable Groups (2006) Act, to ensure a consistent and UK wide approach to vetting and barring. This means that someone who is barred from working in the relevant workforce in Scotland would also be barred throughout the rest of the UK and vice versa.
Next Steps
The Scottish Government has published the response to the consultation on policy proposals for secondary legislation. A date for the scheme to go live is still to be determined and the Scottish Government will announce the date well advance to allow stakeholders adequate time to prepare. In the meantime, implementation plans are continuing, in partnership with a range of groups and organisations. This includes the development of a comprehensive package of guidance and training, which will be available in the run up to go live.