1 PVG and Disclosure CCPS November 2015 Gareth Wilks Compliance Manager

Today’s aims Brief refresher on higher disclosure levels (PVG, Enhanced & Standard) Update on recent changes to disclosure regime regarding spent convictions To provide an overview of organisational referrals to Disclosure Scotland Q & A 2

ELIGIBILITY FOR PVG/POLICE ACT DISCLOSURE 3

Who is the work being done with? (PVG) Child – under eighteen Protected Adult – defined by receiving one of four services: –Health Service –Registered Care Service –Community Care Service –Welfare Service 4

Regulated activities (Children) caring for; teaching, instructing, training or supervising children; unsupervised contact under arrangements made by a responsible person; sole charge of children; providing assistance, advice or guidance in relation to physical or emotional wellbeing, education or training; work on day care premises Providing/working for an organisation which provides a care home service or independent healthcare service exclusively or mainly for children Moderating certain interactive communication services Host parent 5

Regulated activities (Protected Adults) caring for; teaching, instructing, training or supervising; being in sole charge; providing assistance, advice or guidance in relation to physical or emotional wellbeing, education or training; inspecting services on behalf of Care Inspectorate or Healthcare Improvement Scotland 6

Regulated establishments (PVG) Children: school; FE college; school hostel; children’s hospital; children’s home; children’s detention unit Protected Adults: Registered care home; residential establishment or accommodation provided or secured by a council under: –Social Work (Scotland) Act 1968; or –Section 25 of the Mental Health (Care and Treatment) (Scotland) Act

Things to remember (PVG) Is the regulated activity or work in the regulated establishment part of their normal duties? Is the regulated activity ‘incidental’ (e.g. not specifically aimed at children/protected adults)? Applications must only be for workforce individual is doing regulated work with for your organisation Work can be both paid and unpaid 8

Other PVG Eligibility A position whose normal duties include day to day supervision or management of an individual doing regulated work with children/protected adults –Must be direct line manager/supervisor of individual undertaking regulated work Regulated ‘positions of trust’ including: –Charity trustee of children’s or protected adult’s charity 9

Eligibility – Police Act Disclosure Basic Disclosure can be used for any purpose. Standard Disclosure available when not regulated work for, amongst others: Any work which is concerned with the provision of a care service Exempted professions (e.g. accountant, solicitor) Enhanced disclosure available when not regulated work for, amongst others: Work carried out wholly or partly within the precincts of a prison, remand centre, young offenders institution, detention centre or removal centre an individual being assessed by an adoption agency as to their suitability to adopt a child 10

Points of contact re: eligibility PVG Helpdesk ( ) Compliance Both can be contacted via the main helpline

CHANGES TO SCOTLAND’S DISCLOSURE REGIME 12

Why has this changed? Legislative response to a U.K. Supreme Court decision Judgment only affects spent convictions Two lists of offences developed: –List of offences which must always be disclosed –List of offences which are to be disclosed subject to rules If offence not on either lists, it may not be disclosed after a period of time 13

How does it work? 14

What does it mean for applicants? No change to requirement to disclose unspent convictions Applicant has right of appeal to sheriff where Disclosure Scotland intend to disclose spent convictions from the ‘subject to rules’ list Sheriff can order removal of spent information from scheme record If notified of right of appeal, DS cannot release countersignatory copy until appeal is decided Applicant can advise DS at any time in appeal period that they do not intend to appeal 15

What does it mean for organisations? Less spent conviction information may be disclosed Where there are spent convictions on the rules list which are to be disclosed, countersignatory copy will be retained for 10 working days Applying for scheme record update can result in two different types of certificate 1.Short Scheme Record (no vetting information to be disclosed) 2.Scheme Record (vetting information to be disclosed) No changes to fees due to amended process 16

What does it mean for organisations? Legislation does not affect rights of employer to ask, in self declaration, about all spent convictions Applicant entitled to withhold information on ‘rules’ list until disclosed by DS Recommend reviewing self declaration to ensure applicants are aware of two lists before self disclosing Consultation on changes available until 24 November

ORGANISATIONAL REFERRALS 18

Organisational referrals Organisations legally obliged to make referrals within 3 months of the referral ground being met Helps minimise risk to vulnerable groups Penalty of not meeting duty could be fine or imprisonment Over 500 organisational referrals since Feb 2011 –over 40% resulted in barring 19

Referral grounds Individual must have done one of the below: –Harmed a child/protected adult –Placed a child/protected adult at risk of harm –Engaged in inappropriate conduct involving pornography –Engaged in inappropriate conduct of a sexual nature involving a child/protected adult –Given inappropriate medical treatment to a child/protected adult AND The organisation have permanently removed the individual from regulated work (or would have if the individual had not otherwise ceased regulated work) 20

Things to remember Must be an individual who is or has been doing regulated work Incidents triggering referral not limited to workplace incidents Legal duty on organisations applicable even if police involvement Removal from regulated work can be either dismissal or transferring the individual to a non-regulated work position permanently If the individual resigns or contract/assignment ends, the duty to refer may still apply 21

What happens after we make a referral? Information assessed, individual either placed under consideration or not placed under consideration If placed under consideration - Individual and relevant organisations notified - Further information gathered, shared with the individual, the individual can make representations - If not listed consideration status removed, interested parties notified, individual free to continue doing regulated work If listed - Individual and relevant organisations notified -Individual barred from regulated work with workforce(s) -Barring applies across the UK -Appeal process available (unless automatic barring) -Individual can apply to be removed from the list after 10 years 22

Other issues Notes of interest in PVG members can be removed by contacting DS Update on remaining retrospective checks (or to confirm completion) should be sent to 23

Useful guidance PVG Guidance Book Referral Form and Guidance htm Disclosure Scotland website Helpdesk:

Questions? 25