Protection of Vulnerable Groups Scheme (PVG)

What is the PVG Scheme? 

The PVG Scheme is a registration system for all those who work (paid and unpaid) with children and protected adults in Scotland. The Scheme is designed to help ensure that those who have regular working contact with either children or protected adults, do not have a history of harmful behaviour.

Disclosure Scotland, an executive agency of the Scottish Government, manage and deliver the PVG Scheme. They keep a list of individuals who are considered to be unsuitable to work with children (The Children’s List). As well as a list of those who are barred from working with protected adults (The Adults List)

How does it Affect your organisation?

If your community group or organisation has volunteers or paid staff which you consider to be undertaking regulated work, your committee or board has a legal responsibility to make sure that those people are suitable to work with children or vulnerable adults.

It is an offence for an individual who is barred to undertake regulated work. It is also an offence for an employer to offer a barred individual regulated work unless they can show that they did not know and could not reasonably be expected to know that the individual was barred.

What is regulated work?

It is not possible for the PVG Act to provide a definitive list of roles, or activities, or positions that would constitute regulated work. The PVG Act defines regulated work by reference to activities which a person does or establishments in which a person works.

The frequency, nature and type of contact involved must be taken into account when deciding whether work is regulated and whether employees should be scheme members. Employers should also consider whether PVG Scheme membership is necessary if the contact with children or protected adults is supervised by other scheme members.

It will be up to your group or organisation to decide if an employee or volunteer is doing ‘regulated work’ as part of their normal duties. 

Who is protected by legislation and PVG scheme?

The Protection of Vulnerable Groups (Scotland) Act defines two groups as being protected - children, and adults in receipt of particular services.

A protected adult is an individual aged 16 or above who is receiving certain types of services. There are four categories of services specified in the PVG Act:

  • A support service, an adult placement service, a care home service, or a housing support service
  • Healthcare services, provided or secured by the NHS or provided by independent operators
  • Community care services, provided or secured by a council or services for which the council has made a direct payment;
  • Welfare services, encompassing the provision of support, assistance, advice or counselling to individuals with particular needs by the voluntary or private sector.

A child is defined as an individual aged under 18 years and the PVG Act gives protection to every child.

What is regulated work with children?

Under the PVG Act, regulated work with children is generally any work in which you are responsible for the welfare of a child. This can be through providing a service directly to children, for example, teaching, caring, or providing guidance, it can be through the nature of the kind of establishment where the work takes place, for example, a children's hospital, children's detention institutions or educational institutions and it can be by virtue of the position giving the person holding it the responsibility and trust of taking decisions regarding the welfare of children, for example, chief social worker, officers of a council, members of the governing body of an educational institution or children's charity trustees.

What constitutes regulated work with protected adults?

Unlike children, all adults are not protected at all times. This means it is important to consider the circumstances very carefully to determine whether an adult is protected and the activities undertaken constitute regulated work.

Schedule 3 of the PVG Act specifies particular positions as being within scope of regulated work. This may be because the individual is performing certain activities with protected adults, or the work is being undertaken within certain establishments where it can be assumed that people who are protected under the PVG Act will be present, or because the persons has a particular position of trust and responsibility.

There are 3 SCENARIOS in which individuals are undertaking regulated work with protected adults:

  • The service provided, or contracted to provide, by your own organisation makes the adult a protected adult and the individual performs certain activities as part of their normal duties, and contact is not incidental
  • Where the work is undertaken in certain establishments ,
  • Where the holder has a certain position of responsibility or trust

How To apply

Types of disclosure

A Basic Disclosure (termed as a 'criminal conviction certificate' in Part V of the Police Act 1997) is the lowest level of Disclosure and is available to anyone for any purpose. It contains details of convictions considered unspent under the Rehabilitation of Offenders Act 1974 or states that there are no such convictions. This type of Disclosure is only issued to the applicant. It is not job-specific or job-related and may be used more than once.

Individuals can apply for a Basic Disclosure, for any purpose. 

The intermediate level of Disclosure is the Standard Disclosure (termed as a 'criminal record certificate' under Part V of the Police Act 1997). This includes convictions held on central records and records both spent and unspent convictions under the Rehabilitation of Offenders Act 1974. This means that even minor convictions, perhaps dating from years ago, are included on the Disclosure. The Standard Disclosure is available, subject to the application first being countersigned by a registered person (usually the potential employer or voluntary organisation, that is, the Registered Body).

To qualify for a Standard Disclosure the position must be exempt from the provisions of the Rehabilitation of Offenders Act 1974 under the regulations contained in the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (As Amended). See bottom of page.

The highest level of Disclosure is the Enhanced Disclosure (termed as an 'enhanced criminal record certificate' under Part V of the Police Act 1997). In addition to the details included in Standard Disclosures, Enhanced Disclosures may contain non-conviction information which a Chief Officer or Chief Constable may choose to disclose if they believe it to be relevant to the position in question.

For most other types of regulated work with children or protected adults, the PVG Scheme is now the most appropriate type of check.

Applying through an employer

If you have been asked for an Enhanced Disclosure by your employer or a potential new employer, they will have to manage the application process. Applications for these disclosures can only be processed by Disclosure Scotland when countersigned by an individual registered with Disclosure Scotland for this purpose.

Applying through an umbrella body

An umbrella body is an organisation which has registered with Disclosure Scotland and is able to apply for Standard and Enhanced Disclosures and PVG Scheme membership for individuals, for positions which are exempt from the Rehabilitation of Offenders Act, 1974.

Volunteer Scotland Disclosure Services (formerly CRBS) is such a body who provide free disclosure records, guidance, advice and support to voluntary sector organisations working with children and protected adults.

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Last Updated 25/03/2015 10:56