PVG and Disclosure CCPS November 2015

1. PVG and Disclosure CCPSNovember 2015 Gareth Wilks Compliance Manager

2. 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

3. ELIGIBILITY FOR pvg/Police act disclosure

4. 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

5. 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

6. 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

7. 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 2003

8. 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

9. 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

10. 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

11. Points of contact re: eligibility • PVG Helpdesk (customer.service@disclosurescotland.gsi.gov.uk) • Compliance (dscompliance@disclosurescotland.gsi.gov.uk) • Both can be contacted via the main helpline - 08706096006

12. CHANGES TO SCOTLAND’S DISCLOSURE REGIME

13. 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

14. How does it work?

15. 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

16. 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 • Short Scheme Record (no vetting information to be disclosed) • Scheme Record (vetting information to be disclosed) • No changes to fees due to amended process

17. 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 2015

18. ORGANISATIONAL REFERRALS

19. 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

20. 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)

21. 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

22. 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

23. Other issues • Notes of interest in PVG members can be removed by contacting DS (info@disclosurescotland.gsi.gov.uk) • Update on remaining retrospective checks (or to confirm completion) should be sent to retrocheck@disclosurescotland.gsi.gov.uk

24. Useful guidance PVG Guidance Book http://www.disclosurescotland.co.uk/disclosureinformation/guidance.htm Referral Form and Guidance http://www.disclosurescotland.co.uk/protectionservices/referralprocess.htm Disclosure Scotland website www.disclosurescotland.co.uk Helpdesk: 0870 609 6006 info@disclosurescotland.gsi.gov.uk

25. Questions?